💾 Archived View for spam.works › mirrors › textfiles › law › vic-wit.txt captured on 2023-06-16 at 19:03:22.
-=-=-=-=-=-=-
March 1991
VICTIM-WITNESS ASSISTANCE
By
Joseph R. Luteran
Supervisor, Victim-Witness Assistance Program
U.S. Capitol Police
A couple walking through a park on Capitol Hill is robbed
at gunpoint by two subjects. The subjects flee the scene on
foot. Both victims are extremely shaken and afraid, since the
robbers threatened to shoot them during the robbery. The victims
wave down a passing patrol car. Upon learning that they have
been robbed, the officer immediately asks the communications
dispatcher to have a Victim-Witness Assistance Coordinator
respond to the scene. The Watch Commander's Office is notified,
and a coordinator is selected from the duty list.
Upon arriving on the scene, the coordinator meets with the
investigating officer to determine the nature of the incident and
the identity of the victims and/or witnesses. After
introductions are made, the coordinator explains the program to
the victims, then asks if they are all right and assures them
that they are safe now. The victims are then told that the
coordinator will do whatever needs to be done to help them
through this crisis.
The coordinator accompanies the victims to the Criminal
Investigations Division offices. After being interviewed by
detectives there, the victims are given a copy of the program's
information pamphlet and the coordinator explains the kinds of
assistance available to them.
VICTIM AND WITNESS PROTECTION ACT
The enactment of the Victim and Witness Protection Act of
1982 directed all Federal law enforcement agencies to develop and
implement consistent guidelines for the fair treatment of Federal
crime victims and witnesses. Like most other Federal law
enforcement agencies, the U. S. Capitol Police (USCP) did not
have existing policies or uniform procedures for officers to
follow when responding to the needs of crime victims and
witnesses.
Faced with this predicament, the department set out to
design an effective system to serve the victims and witnesses of
serious crimes occurring on Capitol Hill, be they Congressional
staff members, tourists, or local residents of the Washington,
D.C., metropolitan area. Serious crime was defined as crimes of
personal violence, attempted/threatened personal violence, or
significant property loss. The most recurring serious crimes on
the Hill are armed robberies and aggravated assaults.
MANUAL DEVELOPMENT
The first step taken to comply with the act was the
development of the "USCP Victim-Witness Assistance Manual."
This comprehensive document states the Capitol Police's policy
regarding victim assistance. It defines and governs the
official responses and actions to be taken by officers assigned
as Victim-Witness Assistance Coordinators, as well as other
members of the department. The information contained in the
manual is a point of reference for all USCP department members.
INFORMATION BROCHURE FOR VICTIMS
The next step was to create an eight-page brochure entitled
"Information for Victims and Witnesses of Crime." The brochure
informs victims and witnesses of their rights under the act, what
they can expect from the USCP, and what is expected from them in
terms of cooperation. The brochure is given to each victim or
witness contacted by a Victim-Witness Assistance Coordinator. It
has sections explaining the following aspects of their case, such
as:
* The criminal investigation process
* What will occur if an arrest is made
* Right-to-know status of case and defendant's custody
status
* Crime victims compensation programs/restitution
* How a victim's recovered stolen property is handled
* Assistance with victim's employer
* Threats or harassment of victims or witnesses
* Available community resources to assist victims
The brochure also has a map showing the location of the
various USCP stations and the department's Property Management
Division, where property can be claimed by its owners. The back
cover provides space for victims or witnesses to write down the
names and phone numbers of officers and detectives involved in
the case, as well as other important information. It also
indicates the program's hotline telephone number and mailing
address in case questions occur or further action is necessary.
VICTIM-WITNESS ASSISTANCE COORDINATORS
Rather than establishing and staffing a full-time unit, USCP
administrators decided that the Victim-Witness Assistance Program
would use 18 specially trained officers and detectives, called
coordinators, on an "as needed basis." The 18 coordinators,
representing each division of the department, cover all shifts,
24 hours a day, 7 days a week. When a serious crime occurs,
coordinators respond to the scene of the crime to assist the
victim(s) and witnesses. When not serving in this capacity,
coordinators work their regular assignments.
A selection process for coordinators was established, and a
list of applicants was approved. In addition to other criteria,
the evaluators looked for officers who were able to deal with
the public in a concerned, sensitive, and professional manner.
Officers with formal education in psychology, sociology, or
social work and those with field experience in victim assistance
or related social work were especially sought. After being
selected for the program, each coordinator went through an
intensive 40-hour, 1-week training course, during which
representatives from regional law enforcement agencies shared
victim-witness information concerning legal issues, available
resources, and cooperative measures with them.
It was decided that the program's supervisor should report
directly to the Assistant Chief of Police for two reasons.
First, because the program is staffed by officers from different
bureaus within the department, reporting to a single source keeps
matters unified. More importantly, however, reporting directly
to the Assistant Chief of Police eliminates the possibility of
the program being stymied by a long chain of command or the
policies becoming "watered down." Direct supervision of the
program is provided by a captain, who is assisted by a sergeant.
VICTIM HOTLINE
Because the program is designed as a reactive unit and its
coordinators are assigned to various divisions located in
different stations, there was an apparent need for a central
office to handle calls for assistance. The Watch Commander's
Office, a headquarters-based, 24-hour operation, was selected as
the site of the program's hotline number. Officers assigned
there process all incoming telephone calls for the program
coordinators, either by transferring them to the on-duty
coordinator, entering the message into the department's
computerized electronic mail system, or if necessary, contacting
requested off-duty coordinators.
U.S. ATTORNEY'S OFFICE
After establishing the Victim-Witness Assistance Program
within its own department, the USCP decided to ally itself with
other sources in order to operate even more efficiently. Their
cooperative efforts with the Victim/Witness Assistance Unit
(VWAU) of the U.S. Attorney's Office for the District of
Columbia has proved very beneficial.
In its unique role serving as both Federal and local
prosecutor in most criminal cases in Washington, D.C., the U.S.
Attorney's Office prosecutes some 35,000 cases involving about
90,000 victims and witnesses each year. The VWAU, established in
1979, is responsible for providing information and services to
these victims and witnesses while they are involved in the
criminal justice system.
The USCP's program parallels some of the services offered by
the U.S. Attorney's VWAU. Each USCP coordinator works closely
with the assigned VWAU coordinator to serve those who have been
victimized on Capitol Hill. Because the programs complement each
other, caseloads are lessened.
Prior to the USCP program, the U.S. Attorney's Office VWAU
assisted only those victims whose cases resulted in the arrest of
a defendant. Now, with the implementation of the USCP's program,
cooperative efforts ensure that all victims are assisted.
SPECIALIZED TRAINING
The first step in ensuring an effective program was to
develop a specialized training course on victim assistance. In
October 1989, the USCP, in association with the Office for
Victims of Crime, the U.S. Department of Justice, and the
Federal Law Enforcement Training Center (FLETC), hosted a
regional training conference on Victim-Witness Assistance for
Federal law enforcement agencies. The course was an intensive,
state-of-the-art course in victim assistance taught by
nationally recognized experts in the field. This course was the
first of its kind for Federal law enforcement agencies in the
Washington, D.C., area.
This 40-hour course served as basic training for new USCP
coordinators and representatives of other agencies attending.
The training course consisted of core modules of instruction
centering on Federal law enforcement's responsibilities to
victims and witnesses, as defined by the Federal Victim and
Witness Protection Act of 1982. There were also blocks of
instruction presented by representatives of those local private
and governmental agencies in the Washington, D.C., area that are
responsible for providing a wide range of services to crime
victims. The course was designed to be a fundamental program
that would provide the officers with practical information and
techniques to assist victims and witnesses effectively.
Agencies providing instruction to the class attendees
included:
* D.C. Rape Crisis Center
* National Organization for Victim Assistance
* D.C. Crime Victims Compensation Program
* House of Ruth (a local domestic abuse shelter)
* D.C. Crime Victims Assistance Program
* National Resource Center on Child Sexual Abuse
* Delaware State Police, Victim Services Unit
* Office for Victims, U.S. Department of Justice
* American Association of Retired Persons
* Federal Bureau of Prisons
* Victim/Witness Assistance Unit, U.S. Attorney's Office
* National Sheriff's Association
All representatives explained the purpose of and the
capabilities of their respective programs and provided attendees
with materials that would assist them.
Each attendee also received a Community Services Directory
compiled by the Victim/Witness Assistance Unit of the U.S.
Attorney's Office. This directory, which is updated annually, is
a comprehensive listing of area services, including mental health
counseling, alcohol and drug rehabilitation programs, emergency
financial assistance, sources of emergency food and clothing,
legal assistance, and emergency housing assistance. It serves as
an excellent resource tool for coordinators when working with
victims.
CASE MANAGEMENT SYSTEM
Another aspect of the USCP's Victim-Witness Assistance
Program was to design a recordkeeping system for case
information. All cases initiated by the program are entered
into a specially formatted information management program built
into the department's mainframe computer. The coordinators
enter selected data on each case, including basic information
taken from the original crime report, court dates, custody
status of the defendant, referrals to other programs, notes on
action taken by the coordinator, incidents of harassment/
intimidation, and other pertinent information. Cases requiring
followup action are noted in the system's calendar function to
ensure prompt and efficient action.
FEEDBACK FROM VICTIMS
In order to evaluate the program's effectiveness, a system
allowing feedback from victims and witnesses was developed.
Ninety days from the date of initial contact, a letter is mailed
from the chief of police to each victim or witness assisted by
the program. The letter is accompanied by a short survey form
and a stamped self-addressed return envelope. The survey
elicits victim and witness opinions of the program itself, the
coordinator assigned to the case, and other referral agencies
with which the victim came into contact.
Receiving constructive criticism, as well as compliments,
serves as an effective mechanism to ensure that the program is
satisfying its users and is performing its mission of
effectively assisting victims of crime and their families in
coping with and recovering from the effects of crime. Comments
from returned surveys have resulted in several useful changes in
the program, as well as improved techniques by the coordinators.
CONCLUSION
Historically, Federal law enforcement took no active role in
the area of victim and witness assistance. Passage of the Victim
and Witness Protection Act of 1982 and the Victims of Crime Act
of 1984 spurred action in this very important area.
In addition to ensuring compliance with the letter of the
law, the Victim-Witness Assistance Program provides the U. S.
Capitol Police with the ability to comply with the spirit of the
law effectively and cooperatively. It also ensures that victims
and witnesses of crime on Capitol Hill are treated fairly and
courteously, and that they are provided with timely information
and assistance. As one part of the growing victims' rights
movement, the USCP Victim-Witness Assistance Program is doing
its part in restoring balance within the criminal justice
system.
Though local and State agencies are not required to set up a
Victim-Witness Assistance Program under the 1982 act, a program
such as this could certainly be developed by individual
departments. The main ingredients of the Federal approach
contained in this article could be incorporated into programs on
the local or State level. By using victim-witness assistance
coordinators, preparing guidelines and an information brochure,
putting together a community services directory, and organizing
victim-witness training programs, a department could create an
effective victim-witness program.