More Victims` Rights - Career and Technical Education

Transcription

More Victims’ Rights
Course
Law
Enforcement II
Unit VI
Victims’ Rights
Essential
Question
What are the
procedures
needed to
gain public
cooperation
for victims of
crime?
TEKS
§130.294(c)
(6)(A)(B)(C)
Prior Student
Learning
Victims’
Rights, Law
Enforcement I
Estimated
Time
4 hours
Rationale
Students in law enforcement will encounter victims of crime and will need to
be able to relay to victims the rights afforded to them under state and federal
laws. This will enable them to better foster public cooperation.
Objectives
The student will be able to:
1. Identify and discuss elements of crisis intervention
2. Determine procedures for advising a crime victims of their legal
recourses
3. Explain step-by-step court procedures for suspects, victims, and
witnesses entering the system
4. Explain the procedures for providing appropriate assistance to
individuals with disabilities such as autism and Alzheimer’s disease,
and the hearing, visual, and mobility impaired
Engage
Do an Internet search for a video using the following key words: Victim Rights
Every Victim. Every Time. Show the video and discuss with students the
rights that they believe victims have and/or should have. Discuss how their
perceptions differ from reality. Use the Discussion Rubric for assessment.
Key Points
I. Elements of Crisis Intervention
A. Safety and Security
1. Physical safety of the victim
a) Should be the first concern for anyone intervening in a crisis
situation
b) Until it is clear that a victim is not physically in danger or in
need of emergency medical attention, other issues should be
put aside
c) Victims who are in physical shock may be unaware of the
injuries they have already sustained or the dangers they still
face
2. A victim’s concern for the safety of others – if a victim’s loved one
is in danger, or if his or her loved one’s whereabouts are
unknown, this will be the primary focus of the victim’s attention
3. A victim’s mental safety – the presence of law enforcement does
not always guarantee that the victim feels safe. The victim may
not feel safe in the following circumstances:
a) The victim can see and hear the assailant being interviewed
by law enforcement officers
b) The victim is being interviewed in the same area where an
attack took place
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Copyright © Texas Education Agency, 2011. All rights reserved.
4.
c) The victim is cold and physically uncomfortable
d) The assailant has not been apprehended and has threatened
to return
e) Survivors of homicide
(1) May not be able to focus on safety and instead seek a
sense of security through the provision of privacy and
nurturing
(2) They will suffer feelings of helplessness and
powerlessness
(3) The shock of the arbitrary death of a loved one is usually
not assimilated immediately and survivors may not
understand the questions or the directives given to them
f) Security is also promoted when the victims and the survivors
are given opportunities to regain control of events. The
following are some hints for helping victims and survivors do
this:
(1) Sit down to talk
(2) Ask the victims/survivors where they feel the safest when
you talk to them and then move to that location
(3) Reassure the victims/survivors with the words “you are
safe now”
(4) If possible, ask if there is someone the victims/survivors
would like to have with them in order to feel safer, and if
that person can be contacted to be enroute
(5) If possible, keep the media away from the
victims/survivors or help the victims/survivors by
responding to the media’s questions. Assure the
victims/survivors that they do not have to answer
questions from the media unless they want to, and under
the circumstances of their own choosing
(6) If the victims/survivors has loved ones about whom they
are concerned, try to find out as much information as
possible and address those concerns
(7) Provide the victims/survivors with information that may
help to assure their safety
(8) If the victims/survivors are not safe, keep them informed
about the extent of any additional threat
(9) Give the victims/survivors permission to express any
reactions, and respond to their reactions without judgment
Respond to the need for nurturing, but do not become a “rescuer”
on whom the victim becomes dependent. Remember the primary
goal of crisis intervention is to help the victim restore control over
his or her life
a) Take care of practical things
(1) Address those things that need to be done but are beyond
the victim’s ability to accomplish
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(2) If a victim is in acute crisis, he or she may be capable of
doing very little for him or herself
(3) You must gauge the victim’s capacity for responding to his
or her environment
b) Suggest specific things that you can do for the victim such as
make phone calls, help with transportation, etc.
(1) Be specific when making offers, so that the victim can
simply respond with “yes” or “no”
(2) Do not assume anything; ask permission before you take
action
c) Help the victim to reestablish control, first over small things
and then over larger ones
(1) Allow the victim to make decisions for himself or herself
and to take an active role in the process
(2) Ask the victim simple questions involving choices that can
be easily made: “Where would you like to sit while we
talk?”
B. Ventilation and Validation
1. Ventilation
a) Refers to the process of “telling his or her story”
(1) Victims need to tell their story over and over to gain
control of the events in their mind
(2) Bits of memory will come back in dreams, intrusive
thoughts, and simply during the storytelling process
(3) The story may change over time
b) A part of ventilation is the process of finding words or other
ways that will give expression to his or her experiences and
reactions
(1) It is often culturally specific
(2) The power of putting words to feelings and facts is
tremendous. For instance, victims may feel intense anger
towards an assailant and find that the word “anger” is
insufficient to express that intensity. The person
intervening may offer words such as “outrage” or “fury.”
The victim can feel a sense of liberation after he or she
has expressed himself or herself
2. Validation – the process through which the crisis intervener
makes it clear that most reactions to horrific events are “normal”
a) Validation should be content specific. Example: rather than
saying “I can’t imagine how upset you are,” it is preferable to
say, “I can’t imagine how upset you are about your son’s death
in a car crash”
b) Tell the victim that his or her reactions are not uncommon
when someone has experienced a traumatic event
c) Where possible, repetition of the actual phrases that the victim
uses to describe the experience is useful. Reassure the victim
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that although the crisis may have thrown his or her life into a
chaotic state, they are not, as a consequence, crazy
3. Use active listening skills
a) This is one of the most important things you can do in a crisis
situation
b) Allow some silence and some time for the victim to respond
C. Prediction and Preparation
1. Victims have an incredible need for practical information. Some of
the information may be unpleasant but necessary
a) Will the victim have to relocate? What are his or her options?
b) Does the victim have adequate financial resources to pay for
any immediate needs caused by the crime?
c) What legal issues confront the victim? Will the case be
investigated, filed? Will the suspect be arrested? Will the
suspect be released on bond? Victims must be provided with
information about the following:
(1) Procedures for the criminal investigation of his or her case
(2) Procedures in the criminal justice system
(3) Victims’ rights
(4) Crime Victims’ Compensation
(5) Referrals to social service agencies
(6) Counseling regarding AIDS and HIV infection and testing
d) The victim may be unable to concentrate on complex
explanations of the process. Always leave written materials for
the victim to refer to for later questions
e) Remember that honest answers and estimates are essential.
Let the victim know about the chances that a case will go to
trial
f) Never promise a victim any outcome in the system. Do not tell
a victim that a suspect will be arrested. Suspects are not
arrested 100% of the time. Do not assure a victim of a
punishment the suspect may receive
2. The second priority is for information about possible or likely
emotional reactions. Victims should understand the normal
progression of emotions they may be likely to encounter. Some of
the emotional concerns that should be outlined are the following:
a) Immediate physical and mental reactions to the crisis including
inability to sleep and concentrate, lack of appetite, irritability,
anxiety, numbness, estrangement from the world, and a sense
of isolation, anger, fear, frustration, and grief
b) Long-term physical and mental reactions may include intrusive
thoughts, nightmares, panic attacks, a continued sense of
isolation, an inability to communicate with others, sleep
disturbances, depression, an inability to feel emotion,
disturbance of sexual activity, startle reactions, irritability, lack
of concentration, and so on
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c) Reactions of significant others (some friends and family may
serve as a good source of support, but many can cause as
much harm as good). Three common reactions that may
cause a victim distress are
(1) Excessive anger and blame directed at the victim
(2) An unwillingness to talk about or listen to stories about the
crime
(3) Overprotectiveness
d) Victims should expect that everyday events may trigger crisis
reactions similar to the ones they experienced during the
crime
e) Help victims to prepare for the fact that children, even if they
were not present during the event, can be affected when their
parents are in crisis. Help the victim identify who might be able
to help address the needs of the children
f) If children are involved, give the parent information and
suggestions for helping the children cope with crisis, and signs
to look for that may indicate a need for professional
intervention with the children
g) Victims need help preparing ways to deal with the practical
and emotional future. Some helpful hints include
(1) Take one day at a time: suggest that the victim plan each
day’s activities around needed practical tasks
(2) Problem-solving: show the victim how to use techniques
to address the overwhelming problems that he or she
might face
(3) Talk and write about the event: suggest that the victim use
audiotapes or write a journal to tell his or her unfolding
stories. Young children can be encouraged to draw
pictures and discuss them with a caring adult
(4) Encourage the victims to identify a friend or a family
member on whom they can rely for support during the
times when they must confront practical problems
(5) Remember that good nutrition, adequate sleep, and
moderate exercise can help victims survive times of crisis
II. Explaining Victims’ Rights
A. Identify a Crime Victim Liaison, Code of Criminal Procedures (CCP)
Article 56.04
1. The district attorney or county attorney shall designate a person
to serve as a victim assistance coordinator
2. A victim assistance coordinator’s duties include ensuring victims
are granted rights afforded to them under law
3. Each law enforcement agency shall designate a person to serve
as a crime victim liaison, which will consult with the coordinator in
the district attorney’s office
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B. Legal Requirements for Providing Written Notice
1. At the earliest possible time after initial contact, the law
enforcement agency shall provide the victim with a written notice
of the following
a) Information about the availability of emergency and medical
services
b) Referral to available social services
c) Information regarding the Texas Crime Victims’ Compensation
Act, including the following information:
(1) Costs that may be compensated
(2) Eligibility
(3) Procedures for application
(4) Payment for medical examination for sexual assault
(5) Name, address, and phone number of the law
enforcement agency’s victim assistance liaison
(6) The address, phone number, and name of crime the
victim assistance coordinator from the district attorney
(7) The following statement: “You may call the law
enforcement agency’s telephone number for the status of
the case and information about victims’ rights.”
(8) The rights of crime victims
C. Crime Victims’ Bill of Rights, CCP Article 56.02 includes the rights to
1. Adequate protection by law enforcement agencies
2. Have the safety of the victim and the victim’s family taken into
consideration when setting bail
3. Be informed about the defendant’s right to bail and procedures of
the criminal justice investigation
4. Provide victim impact information to a probation department
5. Receive Crime Victim Compensation information
6. be informed of parole procedures and proceedings, and
Participate in the process
7. Have separate and secure waiting areas from the offender and
the offender’s relatives while waiting to testify and during
proceedings.
8. Experience the prompt return of the victim’s property held as
evidence
9. Prosecution’s notification of the victim’s employer of the victim’s
absence from work to testify
10. Be present at all public court proceedings related to the offense,
subject to approval of the judge in the case
D. The Texas Crime Victims’ Compensation Act (TCVC) was passed in
1979 by legislature and established statutory eligibility guidelines for
the provision of certain benefits to crime victims. Money in the fund
comes from the offender assessed court costs generated by criminal
convictions. The fund is administered by the Texas Attorney General
1. Eligibility
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2.
3.
a) An innocent victim of crime that suffers physical and/or
emotional harm or death
b) An authorized individual acting on the behalf of a victim
c) A person who legally assumes the obligations or voluntarily
pays certain expenses related to the crime on the behalf of the
victim
d) A department of a victim
e) An immediate family member or household member related by
blood or marriage who requires psychiatric care or counseling
as a result of the crime
f) An intervener who goes to the aid of the victim or a peace
officer
g) A peace officer, a firefighter, or an individual whose
employment includes the duty of protecting the public
Crimes Covered
a) Crimes involving “criminally injurious conduct,” which is
defined as conduct that
(1) Occurs or is attempted
(2) Poses a substantial threat of personal injury or death
(3) Is or would be punishable by fine, imprisonment, or death;
this includes
(a) Sex offenses
(b) Kidnapping
(c) Aggravated robbery
(d) Assaultive offenses
(e) Arson
(f) Homicide
(g) Failure to stop and render aid
(h) Manslaughter
(i) Criminally negligent homicide
(j) Aggravated assault
(k) Driving While Intoxicated (DWI)
(l) Intoxication manslaughter
(m)Intoxication assault
Basic Qualifications
a) Residency
(1) Crime occurs in Texas to a Texas or U.S. resident
(2) Texas resident is the victim in another state that does not
have Crime Victim Compensation (CVC) benefits
b) Reporting the crime – the crime must be reported to the
appropriate law enforcement agency within a reasonable
amount of time
c) Timeframe for filing for compensation – the application must
be filed within 3 years of the crime date
d) Cooperation – a claim may be denied or reduced if the victim
is uncooperative with law enforcement
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4.
5.
e) Benefits denial
(1) If the victim’s behavior contributed to the crime
(2) If the victim knowingly or willingly participated in the crime
(3) If the offender, an accomplice, or any person may unjustly
benefit from an award to a victim or claimant
(4) If the victim was incarcerated in a penal institution or on
parole
(5) If the victim had been convicted for a felony involving
criminally injurious conduct at the time of the crime
(6) If the victim knowingly or intentionally submitted false or
forged information to the Attorney General
Eligible Expenses
a) Medical, hospital, physical therapy, or nursing care
b) Psychiatric care or counseling
c) Loss of earnings or support
d) Loss of wages as a direct result of the crime, or due to
participation in, or attendance at, the investigation,
prosecutorial, and judicial processes, and travel expenses
e) Care for a dependent
f) Funeral and burial expenses
g) Crime scene cleanup
h) Replacement cost for clothing, bedding, or property seized as
evidence or rendered unusable as the result of the
investigation of a sexual assault
i) Reasonable attorney fees for assistance with filing the CVC
application
j) Loss of wages and travel to seek medical treatment
k) Relocation expenses in domestic violence cases, including
movers, deposits, first month’s rent, etc.
Limits on awards
a) Claims may be approved for a total benefit of $50,000
b) Paid to the victim or the service provider
c) Catastrophic injuries/permanent disability may receive an
additional $50,000 for
(1) Making a home or car accessible
(2) Job training and vocational rehabilitation
(3) Training in the use of special appliances
(4) Home healthcare
(5) Reimbursement of lost wages
(a) Reimbursement for property damage or theft is not
eligible
(b) CVC is the “payer of last resort” and pays after other
sources pay first (insurance, employee sick time)
III. Procedures for suspects, victims and witnesses
A. Suspects
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1.
2.
3.
Interview/interrogation
Investigation (gathering of evidence)
Grand jury
a) No bill (no charges filed)
b) Indictment equals arrest
4. Arraignment: enter plea and bail is set or denied
a) Guilty = sentencing hearing
b) Not Guilty = schedule trial
c) No Contest
5. Trial
a) Guilty = proceed to sentencing hearing
b) Not Guilty = suspect is released
6. Sentencing hearing (any number of punishments including
probation, fines, and even death)
B. Victims and Witnesses (Review the handouts “Hints for Helping
Victims,” “Phases of Victims’ Reactions,” and “Things to Say and
Things Not to Say to a Victim.” Use the guidelines set out in the
documents to determine how victims should be handled)
1. Interview by law enforcement
2. Gathering of evidence
3. If probable cause exists, the arrest of the suspect
4. Trial
a) Prosecution will prepare you for the trial
b) Will have a separate waiting area from the defense
c) May or may not be allowed to remain in the courtroom after
testifying
d) Swear to tell the truth
e) Must answer all of the questions
f) Listen carefully to each question
g) Answer to the best of your ability
h) Prosecutor will ask questions first, then the defense
i) Time spent in court cannot be predetermined
IV. Accommodations for individuals with disabilities – persons with disabilities
can request special assistance during the court process per Americans
with Disabilities Act (ADA) Federal Law
A. Autism
1. Very vulnerable to becoming a victim
2. Communication, sensory processing, and behavioral differences
3. Personnel need training and education
4. Believability of the victim
5. Speech and cognition difficulties
6. Judges too quickly
B. Alzheimer’s
1. Include the victim in all of the conversations
2. Explain the intended actions prior to beginning them
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3. If agitated, gently pat them or hold their hand
4. Avoid restraining physical contact
5. Anticipate difficulties in making yourself understood
6. Approach from the front
7. Establish and maintain eye contact
8. Introduce yourself
9. Explain that you are there to help
10. Be patient
11. Ask to see his or her identification
12. Treat the victim with dignity
13. Move away from crowded and noisy areas
14. Establish a one-on-one dialogue
15. Talk in a low-pitched, reassuring tone
16. Speak slowly and clearly
17. Use short, simple sentences and familiar words
18. Repeat your statements
19. Accompany words with gestures
20. Give simple, step-by-step instructions
21. Substitute verbal with nonverbal
22. Ask one question at a time
23. Never challenge a victim’s logic/reasoning
24. Do not leave the victim alone
C. Blind/Vision Impaired
1. Introduce yourself as law enforcement and introduce anyone else
that is present
2. Tell the victim your name, badge number, and telephone number
if they are alone and want to verify your ID
3. Describe the chair and the seating arrangements when assisting
the victim with sitting down; place his or her hand on the back of
the chair
4. Do not speak loudly
5. Identify the person to whom you are speaking within the group
6. Avoid lapses of conversation in your interview without informing
the victim
7. Offer to fill out forms for the victim
8. Read written materials aloud
9. Make written materials available in other formats if possible
10. Never separate victims from their guide/pet dogs without
permission
11. Offer your arm for assistance in moving about
12. Orient the victim to the surroundings; give cues to what lies ahead
when guiding
13. Give specific warnings and directions
D. Deaf/Hard of Hearing
1. Signal your presence by waving your hand or gently touching the
victim on his or her arm/shoulder
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2.
3.
4.
5.
6.
Communicate initially through writing
Determine the method of communication
Honor any request for an interpreter
Do not use children to communicate unless it is an emergency
Do not assume he or she can hear and understand if wearing a
hearing aid
7. Remember to be visually oriented
8. Avoid shouting or speaking very slowly
9. Remember that not everyone who is deaf/hearing impaired can
read lips
10. Use gestures, mime, and props to communicate
11. Do not assume the victim is unable to speak
12. Observe facial expressions/physical mannerisms
13. Include the victim in all conversations
14. When interviewing, select a location free of distractions
15. Face the victim, making your eyes and mouth visible
16. Stand 3 to 6 feet from the victim in a well-lit, glare and shadow
free area
17. Get the victim’s attention, make eye contact, then speak
18. Make questions, instructions, answers, and comments short and
simple
19. May need to repeat yourself or use different words
20. Do not rely on the victim’s family members
E. Physically Impaired
1. Ask, “May I assist you?”
2. Do not make assumptions about abilities
3. Treat assistive devices as personal space and valuable property
4. Position yourself at eye level in front of the victim, but do not
kneel
5. Move obstacles
6. Open or close doors to alleviate barriers
7. Offer to assist if he or she has trouble in tight places
8. If assisting with an individual in a wheelchair, ask which direction
he or she wants to face when going up or down stairs
9. Be considerate of the extra time needed to move
10. Ask the victim if he or she has a seating preference
11. If the victim is in a wheelchair, ask if he or she would like to move
to another chair
12. Remember the victim’s disability does not affect the viewing of the
crime
13. Never refer to the victim as “crippled,” “confined” to a wheelchair,
“wheelchair bound,” or “handicapped”
14. Ask if the wheelchair was damaged during the crime. If needed,
offer to assist with repairs or getting a loaner
15. Make referrals for services
16. Help replace caregivers if needed
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17. Offer to assist in filling out paperwork
18. Present information materials to the victim
Activities
1. Crime Victims’ Rights Pamphlet. Students will create a pamphlet for
victims of violent crimes. The pamphlet needs to include all of the
required information that victims are entitled to know. Pamphlets may be
designed using a computer with desktop publishing software or may be
handmade. Students may refer to Article 56 of the Texas Code of
Criminal Procedure for the definition of a victim, the rights afforded to a
victim and the eligibility for Crime Victims’ Compensation. Use the Crime
Victim Brochure Rubric for assessment.
2. Step-by-Step. Prepare several sets of index cards containing the step-bystep procedures of the court process for suspects. Each card will hold
only one step. Place the students in groups. Give each group a set of
index cards. Have the students race to put the steps in order while
discussing with their group the reasoning for their choices. Have the
students in each group list the order they created and have them explain
their reasons for choosing that order. Use the Presentation Rubric for
assessment.
Assessments
More Victims’ Rights Exam and Key
Crime Victim Brochure Rubric
Discussion Rubric
Individual Work Rubric
Presentation Rubric
Summary Rubric
Materials
More Victims’ Rights computer-based presentation
Things to Say and Things Not to Say to a Victim handout
Hints for Helping Victims handout
Phases of Victims’ Reactions handout
Computers with Internet access and desktop publishing software
Construction paper
Magazines
Scissors
Glue
Markers/colors
Note Cards
Resources
Texas Commission on Law Enforcement Officers Standards and Education
(TCLEOSE) training objectives for the Basic Peace Officer Licensing
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“Victim Assistance: Frontiers and Fundamentals” and “Community Crisis
Response Team Training Manual” by Marlene Young, PhD of the
National Organization for Victim Assistance
Derrelyn Perryman, MSSW, LMSW-ACP, Victim Assistance Coordinator,
Arlington Police Department
Texas Code of Criminal Procedure, Article 56
http://www.statutes.legis.state.tx.us/SOTWDocs/CR/htm/CR.56.htm
Accommodations for Learning Differences
For reinforcement, students will review Article 56 of the Texas Code of
Criminal Procedure and create a pocket-sized card containing Victims’
Rights. Use the Individual Work Rubric for assessment.
For enrichment, students will interview a victim assistance coordinator from a
local law enforcement agency or a district attorney’s office about his or her
job duties. The interview should include job duties, salary, education required,
and the reason for choosing this job. Have the student write a summary of the
experience. Use the Summary Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.294. Law Enforcement II (One to Two Credits).
(6)
The student understands techniques to foster public
cooperation for victims in a variety of law enforcement
situations. The student is expected to:
(A)
determine procedures for advising crime victims' legal
recourse;
(B)
explain step-by-step court procedures for suspects,
victims, and witnesses entering the system;
(C)
explain the procedures for providing appropriate
assistance to individuals with disabilities such as autism,
Alzheimer's disease, the hearing impaired, the visually
impaired, and the mobility impaired; and
College and Career Readiness Standards
I. Key Cognitive Skills Standards
B. Reasoning
1. Consider arguments and conclusions of self and others.
2. Construct well-reasoned arguments to explain phenomena
E. Work habits
1. Work independently.
2. Work collaboratively.
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Hints for Helping Victims
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Ask the victims to describe the event
Ask the victims to describe where they were, who they were with, and what they saw,
heard, touched or did at the time of the crime.
Ask the victims what they remember thinking at the time, as they became aware of what
was happening.
Ask the victims to describe their reactions and responses. As the victims begin the
description, remember to validate their reactions and responses. If they say, “I remember
turning stone cold when I felt his hand on my back and a tug at my purse,” say, “Some
people have called that the ‘frozen fright’ reaction.”
Ask the victims to describe what has happened since the crime, including contact with
family members, friends, the criminal justice system, and so on.
Ask the victims to describe other reactions they have experienced up to now, again
validating those reactions.
If some time has passed, ask if the victims are experiencing any difficulty with eating,
sleeping, irritability, concentration, intense emotions, or numbness, etc. Try to determine
at what level the victims have been able to function in the aftermath. You may want to take
note of these symptoms. Determine if their reactions are or are not improving over time. If
they are not improving refer the victims for additional help.
Review the Things to Say and Things Not to Say to a Victim handout
To improve communication with the victims, avoid words like
o “Feelings” – it’s better to stick with words like “reactions”
o “Share” or “Sharing” – instead ask them to tell you about their experiences. Do not
ask them to share or thank them for sharing their experience; no one can truly
share a person’s experience, even if they have been through a similar event.
o “Client,” “victim,” or “survivor” – use the person’s preferred name instead
o Avoid “alleged” when referring to victims. Let the lawyers speak of the “alleged”
victims or suspects. Victim advocates should assume that the people who describe
themselves as a victim are what they say they are, victims of crime.
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Phases of Victim Reactions
IMPACT
Shock
Disorientation
Disbelief
Numb
Physically immobilized
Feelings of vulnerability
Helplessness
Loneliness
Dependent
Feels abandoned
Inability to recall details
Confused
Notes insensitivity of others
Despair
Violation of trust
Fear
NEEDS
Physical presence
Explanations of the incident
Supportive person
No expectations
Provide safety
Provide security
Understanding
Physical presence
Fulfill dependency needs
Arrange for a companion
No demands
Supportive explanations
Sensitivity
Assurances
Kept promises
Reality testing
RECOIL
Denial
Irrational fears
Anger
Sadness
Self-pity
Guilt
Tiredness
Emotionally detached
Diminished interest
Hyperactivity
Re-experience of feelings
Intrusions of thoughts
Shame
Moody
Anxious
Nightmares
NEEDS
Listen; ask questions
Listen; reality testing
Express it; fantasize
Physical presence
Listen; ventilate
Listen; ask questions
Restrict demands
Physical but nonintrusive presence
Support
Encouragement to slow down
Listen; ventilate
Express thinking
Reality testing
Understanding
Encourage focus
Write out
RECOVERY/REORGANIZATION
Emotional energy returns
Balanced
Suffering lessens
Regains a sense of trust
Ability to sleep/eat normally
Appreciation of life
May become active in organizations
to help similar victims
NEEDS
Supportive environment
Do not rush or make unrealistic demands
Nonjudgmental
Acceptance of victim
Simply present in mind, body, and spirit
throughout the ordeal
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Things To Say and Not To Say to a Victim
DO NOT
 Ask blaming questions – Why?
 Tell them everything is all right if it is not
 Answer questions that you do not know the answers to
 Make promises that you cannot deliver
 Use jargon (PR bond, CBW, TDC)
 Force details
 Use emotionally charged words
 Make demands
 Insist on talking – silence is okay
 Impose your religious beliefs or personal philosophy
 Judge
DO NOT SAY
 “It’s God’s Will”
 “You’re so strong; I know you can handle this.”
 “Tell me what I can do”
 “I understand”
 “I know how you feel” (unless you have been through the exact same experience)
 “He’s with God now and at peace”
 “It was a blessing that…”
 “You will get over this”
 “Remember to be strong for the children”, etc.
 “Just be thankful that…”
 “You’re lucky that…”
 “He probably didn’t know what hit him”
DO SAY
 “I am sorry that this has happened.”
 “I cannot imagine how difficult this must be for you.”
 “I would like to be with you for a while if you don’t mind.”
 “Would you like for me to help you with…”
 “It’s not your fault.”
16
Name________________________________ Date__________________________
More Victims’ Rights
1) _____ The victim may not FEEL safe under all but which of the following circumstances?
a) The victim can see and hear the assailant being interviewed
b) The victim is being interviewed in the same area where the attack took place
c) The victim is cold and uncomfortable
d) The victim is given necessary medical care and removed to a quiet location
2) _____ Which is not a helpful hint for allowing a victim to regain control?
a) Stand up to talk
b) Ask the victim where they feel safest
c) Ask if there is anyone they would like to have with them
d) Give permission to express any reactions
3) _____ When responding to the need for nurturing a victim, which would be an appropriate
response?
a) Take care of the practical things
b) Suggest specific things you can do for the victim
c) Allow them to make choices for themselves
d) All of the above
4) _____ Victims need to tell their story over and over to gain a feeling of control over the
events they suffered. What is this process called?
a) Ventilation
b) Validation
c) Listening
d) Prediction
17
5) _____ The process through which the crisis intervener makes it clear that most reactions to
horrific events are "normal" is called what?
a) Ventilation
b) Validation
c) Prediction
d) Listening
6) _____ A part of ventilation is the process of finding words or other ways that will give
expression to experiences and reactions.
a) True
b) False
7) _____ One of the least important things you can do in a crisis situation is to listen.
a) True
b) False
8) _____ Bits of memory may come back in all but which of the following forms?
a) Validation
b) Dreams
c) Intrusive thoughts
d) Story telling
9) _____ You should always leave written materials for victims to refer to when needed.
a) True
b) False
10) _____ You should promise the victim that suspects are arrested 100% of the time.
a) True
b) False
11) _____ The second priority for preparing victims is to provide information on possible or likely
emotional reactions. Some of the emotional concerns that should be considered are
a) Immediate physical and mental reactions to crisis
b) Long term physical and mental reactions
c) Reactions of significant others
d) All of the above
18
12) _____ Which is NOT a response that a victim may get from a significant other following a
crisis event?
a) Throwing a celebration that the victim survived
b) Excessive anger and blame directed at the victim
c) Unwillingness to talk about or listen to stories of the crime
d) Overprotectiveness
13) _____ Victims need assistance with preparing ways to deal with the practical and emotional
future. Some helpful hints include all but which of the following?
a) Take one day at a time
b) Problem-solving
c) Talking and writing about the event
d) Encouraging the victim to process his or her emotions in private
14) _____ Although children may not have been present during a crisis event, they can still be
affected.
a) True
b) False
15) _____ Victims should be reminded to do all except which of the following?
a) Drink excessive alcohol
b) Get good nutrition
c) Get adequate sleep
d) Get moderate exercise
16) _____ Article 56.04 of the Code of Criminal Procedure requires that district or county
attorneys’ offices shall designate a person to serve as
a) Crime victim liaison
b) Victim assistance coordinator
c) Victim assistance staff
d) Victims’ rights coordinator
19
17) _____ Each law enforcement agency is required under Art. 56.04 of Criminal Code of
Procedure to designate a person to serve as
a) Victim assistance coordinator
b) Crime victim liaison
c) Victim assistance staff
d) Victims’ rights coordinator
18) _____ Victims must receive a written notice of all except which of the following?
a) Texas Crime Victim Compensation Act
b) Information about the availability of emergency and medical services
c) Referrals to private counselors
d) Referrals to social services
19) _____ Information on the Texas Crime Victims Compensation Act must include
a) Costs that may be compensated
b) Rights of the crime victims
c) Procedures for application
d) All of the above
20) _____ Which of the following is not included in the Crime Victims’ Bill of Rights?
a) Insufficient protection by a law enforcement agency
b) Prompt return of the victim's property being held as evidence
c) Separate and secure waiting area during criminal proceedings
d) Right to be present at all public court proceedings
21) _____ Eligibility for the Texas Crime Victims’ Compensation Act must include all except
which of the following guidelines?
a) Innocent victim of crime suffers physical or emotional harm
b) A dependent of a victim
c) A participant in the crime
d) A peace officer, fire fighter, or individual whose employment includes the duty of
protecting the public
20
22) _____ All of the following crimes are covered under the Texas Crime Victims’ Compensation
Act except
a) Sex offenses
b) Burglary
c) Arson
d) DWI
23) _____ All except which of the following are basic qualifications of the Texas Crime Victims’
Compensation Act?
a) Benefits Denial
b) Residency
c) Cooperation with law enforcement
d) Timeframe for filing
24) _____ To be eligible for the Texas Crime Victims’ Compensation Act a victim must be a
Texas or U.S. resident, the crime has to occur in Texas, or a Texas resident is a
victim in a state that does not have crime victim compensation.
a) True
b) False
25) _____ Denial of benefits for Texas Crime Victims’ Compensation may occur for all except
which of the following reasons?
a) Victim's behavior contributed to the crime
b) The victim knowingly or intentionally submitted truthful information to the Attorney
General
c) The victim was incarcerated in a penal institution or on parole
d) The victim is the offender or accomplice of the offender
26) _____ Which is not an eligible expense under Texas Crime Victims’ Compensation Act?
a) Crime scene cleanup
b) Psychiatric care or counseling
c) Burial or funeral expenses
d) A new residence
21
27) _____ The Texas Crime Victims’ Compensation Act will pay total benefits up to _______.
a) $100,000
b) $50,000
c) $25,000
d) Any amount needed
28) _____ Victims who suffer catastrophic injuries or permanent disabilities may receive an
additional $50,000 for all except which of the following expenses?
a) Making home or care accessible
b) Lifetime nursing care
c) Reimbursement of lost wages
d) Job training and vocational rehabilitation
29) _____ The Texas Crime Victims’ Compensation Act pays before other sources such as
insurance and employee sick time.
a) True
b) False
30) _____ Suspects, victims, and witnesses will all be interviewed by law enforcement at the
beginning of a criminal investigation.
a) True
b) False
31) _____ All except which one of the pleas below may be entered at the time of arraignment?
a) No contest
b) Guilty
c) Plead the 5th
d) Not Guilty
32) _____ Which of the following is NOT an accommodation that should be implemented when
dealing with someone who has Alzheimer’s disease?
a) Exclude the victim from all conversations
b) Explain the intended actions prior to beginning them
c) Establish and maintain eye contact
d) Talk in a low-pitched, reassuring tone
22
33) _____ Persons with which disability should be treated with dignity, moved away from
crowded and noisy areas, and asked one question at a time?
a) Autism
b) Deaf/Hard of Hearing
c) Alzheimer's disease
d) Blind/Vision Impaired
34) _____ Which of the following steps should be taken when addressing a blind or visionimpaired victim?
a) Introduce yourself and anyone else that is present
b) Read written materials aloud
c) Give specific warnings and directions
d) All of the above
35) _____ Accommodations for deaf or hard of hearing victims should include
a) Honor a request for an interpreter
b) Avoid shouting or speaking very slow
c) Use gestures, mime, and props to communicate
d) All of the above
36) _____ When addressing a physically impaired victim, you should follow which of the
following guidelines?
a) Position yourself in front of the victim at eye level
b) Be considerate of the extra time needed to move
c) Open or close doors to alleviate barriers
d) All of the above
37) _____ Which of the special types of victims are visually oriented?
a) Deaf/hard of hearing
b) Blind/vision impaired
c) Physically impaired
d) Autistic
23
38) _____ Victims with which disability should not be judged too quickly and are very vulnerable
to becoming a victim?
a) Alzheimer's disease
b) Autism
c) Deaf/Hearing impaired
d) Physically impaired
39) _____ Victims may receive reimbursement for property damage or theft under the Texas
Victims’ Compensation Act.
a) True
b) False
40) _____ Which of the following is not an element of crisis intervention?
a) Safety and security
b) Legality and liaison
c) Ventilation and validation
d) Prediction and preparation
24
More Victims’ Rights Exam Key
1) D
2) A
3) D
4) A
5) B
6) A
7) B
8) A
9) A
10) B
11) D
12) A
13) D
14) A
15) A
16) B
17) B
18) C
19) D
20) A
21) C
22) B
23) A
24) A
25) B
26) D
27) A
28) B
29) A
30) A
31) A
32) A
33) C
34) D
35) D
36) D
37) A
38) B
39) B
40) B
25
Name_______________________________________
Date_______________________________
Crime Victim Brochure Rubric
Objectives
Attractiveness and
Organization
Content Accuracy
Knowledge Gained
4 pts.
Excellent
The brochure has
exceptionally
attractive formatting
and well-organized
information.
Includes agency
name and contact
information, a
resource list, rights
of victims, and
Crime Victim
Compensation
information
Students can
accurately answer
all questions
related to the facts
in the project and
the processes used
to create the
project.
3 pts.
Good
The brochure has
attractive formatting
and well-organized
information.
2 pts. Needs Some
Improvement
The brochure has
well-organized
information.
Includes all but one:
agency name and
contact information,
a resource list, rights
of victims, and
Crime Victim
Compensation info
Includes all but two:
agency name and
contact information, a
resource list, rights of
victims, and crime
victim compensation
information
Students can
accurately answer
most questions
related to facts in
the project and
processes used to
create the project
Student can
accurately answer
half of the questions
related to facts in the
project and
processes used to
create a project.
1 pt. Needs Much
Improvement
The brochure's
formatting and
organization are
confusing to the
reader.
Excludes all but one:
agency name and
contact information, a
resource list, rights of
victims, and crime
victim compensation
information
N/A
Pts.
Student appears to
have insufficient
knowledge about the
facts or processes
used in the project.
Total Points (12 pts.)
Comments:
26
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Comments:
27
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Comments:
28
Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Comments:
29
Name_______________________________________
Date_______________________________
Summary Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The critical analysis has all required
parts from introduction to body to
conclusion.
The critical analysis is concise but
complete.
The critical analysis demonstrates
that the writer comprehends the
content.
accurate spelling, grammar, and
punctuation.
The overall content of the critical
analysis emphasizes appropriate
points.
The writer shows an understanding
of sentence structure,
paragraphing, and punctuation.
The source of the critical analysis is
clearly and accurately documented.
the correct use of terminology.
Comments:
30

More Victims` Rights - Career and Technical Education

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