Transcript POLICE RESPONSE TO VICTIMS

Victims and the Police
Michael O’Connell
July 2011
The importance of the police for victims of crime
Crime, says van Ness (1986, p3),
… is not simply an incident which begins a contest between the
State and a defendant, between a prosecutor and a [defence
counsel]
... Crime is first of all an encounter between a victim and an
offender. It is an unexpected personal crisis in the life of one
person brought on by another …
The importance of the police for victims of crime
• Victim surveys show that the attitude of the first police
officer with whom a victim first has contact can be a
major determinant of victim satisfaction.
What factors would tend to leave victims dissatisfied with the
police?
What factors would tend to leave victims satisfied with the police?
The importance of the police for victims of crime
• Over one half of victims across our world (who completed the
international crime survey) said they were unhappy about the way
police treat them.
• Many stated that police "did not do enough" or "did not recover the
goods".
• About 1 in 5 said the police failed to keep them informed about
progress in their case.
• 1 in 5 women victims of domestic violence or sexual assault,
responded that police were "incorrect" or "impolite".
• Victims of personal violence, including domestic violence and rape,
were the least satisfied with the police because they felt that the
police "did not do enough" or "were not interested".
(International Crime Victim Survey 2000)
The importance of the police for victims of crime
• Approximately one half of the victims who reported a crime were
satisfied with the way the police treated their case, although in
several countries where levels of satisfaction used to be
comparatively high, the rates of satisfaction have decreased.
This group of countries includes the USA, Canada, England & Wales,
Sweden and the Netherlands, which are countries where better
treatment of victims is actively promoted.
• Less than 1 in 10 victims of serious crimes who reported to the
police received specialised help.
About 4 in 10 of those who did not, expressed a need for support.
Victim support agencies provided services to approximately 1 in 5 of
victims with expressed needs
(International Crime Victim Survey 2005)
The importance of the police for victims of crime
• Those victims who a generally not satisfied with ‘police
attitude’ felt the police-“Did not care.”
“Made the victim feel ‘responsible for the crime’.”
Made the victim feel “a nuisance.”
(Gardner 1990, p22)
The importance of the police for victims of crime
•
– Safety: Protection from perpetrators and re-victimisation; crime prevention through
collaborative problem solving; a restored sense of individual and community safety
•
– Access: Ability to participate in the justice system process and obtain information
and services, regardless of individual or family circumstances
•
– Information: Verbal and written information about justice system processes and
victim services that is clear, concise, and user friendly
•
– Support: Services and assistance to enable participation in justice processes,
recovery from trauma, and repair of harm caused by crime
•
– Continuity: Consistency in approaches and methods across agencies; continuity of
support through all stages of the justice process and trauma recovery
•
– Voice: Empowerment to speak out about processing of individual cases;
opportunities to influence agency and system-wide policies and practices
(International Association of Chiefs of Police 1999, p8)
The importance of the police for victims of crime
• Many victims of crime rely on the police for ‘immediate
crisis care’.
• Crisis care is not the only reason victims report crime to
the police.
Others reasons include—
•
•
•
•
•
•
A desire to retrieve property
A moral obligation
An insurance requirement
To stop re-occurrence (prevent repeat victimisation)
A desire for the offender to be arrested
Fear of harm
The importance of the police for victims of crime
• What is crisis intervention?
“An active but temporary entry into the life situation of an
individual, family or group during a period of stress”
(New Zealand Police 1997, p27)
The importance of the police for victims of crime
Crisis intervention
• Important things to remember about trauma—
Many reactions are natural and normal
Victims should be allowed to express their feelings
Recovery for some victims can be a long-term process
• People (victims) are less likely to cope if—
The incident / event is particularly traumatic or life-threatening
The individual has poor coping strategies and inner resources
and/or a history of mental health problems
There is a lack of support during and shortly after
Little or no help is offered later
The importance of the police for victims of crime
• Crisis intervention - four main tasks are—
To help people (victims) to accept the reality of their experience(s)
and to counteract the ‘defence’ of denial
To encourage people (victims) to feel the pain and to provide
reassurance of the normality of their reactions
To help people (victims) adjust and adapt to the changes that have
taken place in their lives
To help people (victims) re-direct their emotions and their lives so
that they can move to acceptance and healing
The importance of the police for victims of crime
• Consequences of saying / doing the wrong thing
include—
The victim, perhaps feeling vulnerable and looking for advice, accepts
what is said by the helper (for example, a police officer) and keeps any
feelings under control by repressing them and believes that it is wrong
to express his/her emotions
The victim becomes even angrier, and upset and directs this at the helper
(for example, a police officer)
The victim becomes very angry, but only after the helper (for example, a
police officer) has left and so feels more frustrated, guilty and isolated
The victim silently rejects the helper (for example, a police officer) and will
put up barriers whenever he/she calls
The importance of the police for victims of crime
Police as ‘crisis interveners’ should:
Shield victims by attending to victims’ safety and security needs
(including immediate medical needs)
Assist victims mobilise their support resources (for example, family,
acquaintances
Help victims to begin to reorganise and / or reassert some control
over their lives
Encourage victims to express and validate their feelings (which
could, for example, include denial, guilt, anger, and grief)
The importance of the police for victims of crime
Police as ‘crisis interveners’ should:
Not blame the victim for the victimisation
Give victims practical advice such as information on making
repairs, crime prevention and dealing with insurance
requirements
Give victims information on the criminal justice system and victimassistance (for example, services to help them cope)
The importance of the police for victims of crime
Police as ‘crisis interveners’ should say —
“I am sorry this happened to you.”
“You are safe now.”
“You are not to blame.”
(Australian Commissioners of Police 1988)
The importance of the police for victims of crime
• In addition to crisis intervention, what else do victims
desire?
Victims’ desire for involvement by various stages in CJ process
(Gardner 1990)
No Involvement
Informed
Consulted
Actively
Involved
Interview Suspects
Deciding on Charges
Bail Decision
36.6
21.7
41.3
45.8
50.5
34.8
4.7
23.5
17.6
12.9
4.3
6.2
Attend Court
Not as Witness
38.5
21.8
0.6
39.1
The importance of the police for victims of crime
In addition to crisis intervention, what else do victims
desire?
What would did victims want?
• More information about preventing victimisation, victim support,
victims’ legal rights / legal position, progress of investigation &
prosecution, and ways to obtain compensation.
(Review on Victims of Crime 2000)
The importance of the police for victims of crime
As one victim said after the prosecution for a sexual assault failed to attain a
conviction at trial,
“I don’t regret reporting, I just regret the outcome … I’m glad I
did it; I had to do it for myself. What’s important is the quality
of support, having enough information about the process,
understanding your options …”
The Police ‘Crime Fighter’ / Law Enforcement paradigm
(model) and the ‘Community Oriented’ Service Provider
paradigm (model)
Putting the needs of victims of crime at the
centre
Victims’ rights are not rights, rather they are principles governing
treatment of victims of crime and therefore do not necessarily
guarantee meaningful and appropriate improvements.
The focus on victim assistance in policing has the potential to
legitimise the crime fighter law enforcement paradigm that will
ultimately do little to advance victim-justice.
There is a risk that victims could be ‘locked’ into a conservative
retributive justice.
(Eijkman 1994, pp281-83)
The Police ‘Crime Fighter’ / Law Enforcement paradigm
(model) and the ‘Community Oriented’ Service Provider
paradigm (model)
Putting the needs of victims of crime at the
centre
Victims expect to be supported by the Police and often want help in
restoring their personal freedom or autonomy
Police operating in a ‘crime fighter paradigm that has a strict law
enforcement emphasis tend to relegate victim support to the
realm of welfare and social work; thus, not ‘real’ police work
Crime control (law enforcement) is only one function of modern
policing
The Police ‘Crime Fighter’ / Law Enforcement paradigm
(model) and the ‘Community Oriented’ Service Provider
paradigm (model)
Putting the needs of victims of crime at the
centre
Crime Fighter - Consequences for victims of crime:
Exacerbates (increases) fear of crime while at the same time detracts from
(or de-values) police work that is not focused on crime fighting / crime
control
Encourages, even legitimises, inappropriate behaviour and ‘insularity’
Links measures of police performance almost exclusively to crime control,
yet the Police have little influence over the ‘causes’ of crime
Failing to control crime reflects badly on the public perception of the
effectiveness of the Police
The Police ‘Crime Fighter’ / Law Enforcement paradigm
(model) and the ‘Community Oriented’ Service Provider
paradigm (model)
Putting the needs of victims of crime at the
centre
‘Community oriented’ Service Provider :
Complements the public (and victims’) perception that the Police is
a valued community resource
Accepts that the Police function far wider than crime control, even
crime prevention, to include victim assistance and alleviating fear
of crime
Encourages open, consultative and co-operative relationships
Embraces a problem-solving ethos that complements nonconfrontational elements in policing a civil society
The Police ‘Crime Fighter’ / Law Enforcement paradigm
(model) and the ‘Community Oriented’ Service Provider
paradigm (model)
Putting the needs of victims of crime at the
centre
Community Oriented Policing - Consequences for
victims of crime:
Help with victim restoration
Focus on preventing victimisation
Alleviates fear of crime
Victim empowerment and community empowerment
Aim to attain justice for marginalised people
Recognition of victims’ rights and the obligations for the Police
Police & Victim Assistance
Four approaches:
Crisis intervention -- Immediate intervention in crisis situations, with a focus on victims
of violence especially interpersonal & family disputes. Timely responses in addition
to assessment, referral & counselling. Police officers provide 24-hour / 7-day service.
Information / Referral – As well as crisis intervention, this approach incorporates
information & referral. Information may cover progress of investigation, prosecution &
court outcome; may also involve ways to identify victim-clients for referral to a broad
range of services. Police and non-police provide service usually during business
hours.
Comprehensive – combines both approaches.
Generalist – Aim to up-skill police officers and other staff through training on victims
needs etc to improve the quality of service offered to all crime victims. Intention is to
change the behaviour of police staff.
(Muir 1986)
South Australia Police – A case example
-- Principles Governing Treatment of Victims of Crime -•
•
•
•
To treat with respect & dignity
To information on health & welfare services
To information about the progress of investigations;
To have their perceived safety concerns taken into account before
suspects are released on bail;
• To be consulted about charge withdrawals and charge bargains;
• To participate (usually by impact statements) in sentencing of both
competent and mentally incompetent offenders.
South Australia Police – A case example
•
Victim support is a primary ‘performance outcome’ in Police department
corporate plan
•
Inter-agency co-operation has been developed Victim-letter notification
Administrative
Agreement
•
Police training and education programs have been introduced (covering
victims’ needs, communication & inter-personal skills)
•
Victims of Crime branches / sections have been created
Victim Contact Officers / Victim Liaison Officers
Victim Management Section
•
Partnerships with victim support services (non-government)
“[there is a need for] reciprocal police and victim support operational and service
plans.” (Victim Support Australasia 1998)
South Australia Police – A case example
ORG / DEPT
SAPOL
NAME OF TRAINING / POLICY
DESCRIPTION / CONTENT
TEACH
VICTIMS
RIGHTS
USE VICTIMS
BOOKLET
Recruit Training
Victims rights and information to provide to victims
are focussed on in this course
YES
YES
Investigators Training
Course
Victims’ needs, victims’ rights & SAPOL policy &
practice
YES
YES
Prosecutors Course
Victims’ needs, victims’ rights & SAPOL policy &
practice
YES
YES
Sex Crime Investigator’s
Topic include:
effect of sexual offences on the victim
How to respond to the victim’s needs
Therapeutic referral
YES
Fraud Investigator’s course
Include Victims of Crime issues
YES
South Australia Police – A case example
•
Information for Victims of Crime
English
Translations
Braille
Audio
Soft Copy
•
Link to Commissioner for Victims’
Rights web site www.voc.sa.gov.au
•
Victim Impact Statement pamphlet
with forms
•
Application Form
Grief & Funeral Expenses
Registration on Victim Register
South Australia Police – A case example
Development of a services
map
Commissioner for Victims’ Rights
Example -- Victim Notification Letter
• Enhancing
compliance:
Victim-letter
notification
• Name of accused
• First court date &
court particulars
• Reminder of right
to make a VIS
Police as victims
The conditions of ‘victim-hood’—
A person has suffered a loss or some significant decrease in wellbeing unfairly or undeservedly and in such a manner that he/she
was helpless to prevent the loss;
The loss has an identifiable source; and
The legal or moral context of the loss entitles the person who
suffers the loss to social concern.
(Bayley 1991)
Sparkes’ victim-proneness (1983) —
Precipitation
Facilitation
Vulnerability
Opportunity
Attractiveness
Impunity
Police as victims
“[Police as victims require] sensitive handling, caring, and
support as do other victims.”
(Reiser & Geiger 1985, p20)
Police as victimisers
Police deviance is linked to perceptions about the role of police (Van
Maanen 1983).
Police who see their role as primarily crime fighting have a greater
tendency to use force and greater distrust of the public than police
who see their role as peace-keepers or service providers (Schaeffer
1978)
There is a relationship between police marginalisation, police
illegalities and rising crime rates. A lack of public (including support
from victims) instils a perceived need among police to resort to
improper and illegal practices to control crime. (Lea & Young 1985)
Police as victimisers
Victimisation by Police in Latin-America (Neuman 1994)
– Death Squadrons
Neuman (1994, p335) acknowledges the complexities of policing
but highlights the difficulties that arise if “the police is far away
from the people”.
He notes that “bad police” too often associate with criminals
resulting in police sanctioned extortion and kidnapping.
He identifies some police as torturers and the death squads that
target homeless children.
Victims, police & victim assistance
• Victims of crime are KEY people in the criminal justice
system, yet the people in the system (for example, the
police) can alienate victims and add to the crisis of
experience of the actual victimisation.
“… [there is] a need for sensitivity, caution, and flexibility in
designing any programs for victims.” (Gardner 1990, p25)
“Policing is perhaps one of the most potentially productive
… sources of improved services for victims.” (McCormick 1988,
p28)
Victims, police & Victimology
One of the principle objects of penal victimology is to attain equal justice for
the victim and the offender.
Denying fundamental rights to people accused of crime is not the way to
improve the victim’s status in the criminal justice system.
The ideal of a civil, helping police service is mysterious, even unknown, to
some peoples in our world.
In Australia, for example, some immigrants may have come from places
where the Police treat women indifferently, even heartlessly, and
condemn women for claiming to be victims of domestic violence.
Refugees may have fled violent political upheaval to escape political
crimes.
Victims, Police and Justice
If police,
the justice system
and communities
can offer victims of crime
safety, access, information,
support, continuity and voice
-– justice will result.
(International Association of Chiefs of Police 1999)
Bibliography
Australian Bureau of Statistics (1986) 1983 - Victims of Crime, Australian Bureau of Statistics, Australia.
Australian Police Union (1995) ‘New Zealand Police Association Launches a National Victims Support Organisation’, Journal of the Australian
Police Union.
Bayley, J.E. (1991) ‘The Concept of Victimhood’, in D. Sank & D.I. Caplan (eds) To Be a Victim: Encounters with Crime and Justice, Insight
Books: New York, pp.53-62.
Bard, M. & Sangrey, D. (1979) The Crime Victim’s Book, Basic Books: New York.
Bird, I. (1994) The Relationship between Community Policing and Victims in New Zealand, a paper presented at the Community Policing
Workshop, 8th International Symposium on Victimology, 23 August, Adelaide.
Bradley, D. (1994) Victim, Community, and the State: Reflections on the Prospects and Limits of Police Reform with Regard to the Prevention
of Victimisation and the Restoration of Victims, a paper presented at the Community Policing Workshop, 8th International Symposium on
Victimology, 23 August, Adelaide.
Clifford, W. (1982) ‘Policing a Democracy’, Australian Crime Prevention Council Quarterly Journal, 5(4), September-October, pp.1-9.
Department of Justice (1990) Victim Impact Statements in Canada: Volume 7, Department of Justice, Canada.
Dussich, J (2003) Police & Victims, paper presented to the Victimology & Victim Assistance Course, Stellenbosch, Sth Africa; World Society of
Victimology
Eijkman, H. (1994) ‘Police, Victims and Democracy: Rewriting the priorities’, in P. Moir & H. Eijkman (eds) Policing Australia: Old Issues, New
Perspectives, MacMillan: Sydney, pp.266-298.
Elias, R. (1983) Victims of the System: Crime victims and compensation in American politics and criminal justice, Transaction Books: New
Brunswick, NJ.
Erez, E., Roeger, L. & Morgan, F. (1994) Victim Impact Statements in South Australia: An evaluation, Attorney-General’s Department, Research
Report, Series C, No.6, South Australia.
Everett, J. (1987) ‘Victim Services promoted in Austin’, Law and Order, December, pp.43-46.
Gamire, B.L. (ed) (1982) Local Government, Police Management, International City Management Association: USA.
Gardner, J. (1989) Victims’ Satisfaction with the Criminal Justice System, a paper presented at the 5th Annual Conference of the Australian and
New Zealand Society of Criminology, July.
Gardner, J. (1990) Victims and Criminal Justice, Attorney-General’s Department, Research Report, Series C, South Australia.
Greenberg, M.S. & Ruback, R.B. (1992) After the crime: Victim decision making, Plenum Press, USA.
Hunt, D. (1987) ‘Victims of Crime: Towards a Preventative Approach’, NPRU Review, 3(1), pp.5-18.
Hunt, D. (1991) ‘Welcoming Address’, Journal of the Australasian Society of Victimology, Special Edition, April, pp.3-4.
International Association of Chiefs of Police (1999) What do victims want? On line:
http://www.theiacp.org/LinkClick.aspx?fileticket=9eQ30BjqFCg%3d&tabid=87
Bibliography
Lea, J. & Young, J. (1983) What is to be done about Law and Order?, Penguin: London.
Legal & Constitutional Committee (1987) Report upon Support Services for Victims of Crime, Parliament of Victoria, Government Printer: Victoria, Australia.
Maguire, M. & Corbett, C. (1987) The Effects of Crime and the Work of Victims Support Schemes, Gower: Aldershot
McCormick, R.J. (1988) United States Crime Victim Assistance Programs, paper presented at 6th International Symposium on Victimology, Jerusalem, Israel,
August 28 - September 1.
McGrath, G. (1989) Horror Revisited: Towards effective victim assistance by police in major crimes: a case study, South Australian Justice Administration
Foundation, Adelaide.
Minnesota Department of Public Safety, Crime Victim Services, http://www.dps.state.mn.us/cvshome.html
Newburn, T. (1989) ‘The police, victims and victim support’, Research Bulletin, Home Office Research & Planning, No.26.
Newburn, T. (1990) ‘Customer Services’, Police Review, 14 December, pp.2460-2461.
New South Wales Task Force on Services to Victims of Crime (1987) Report and Recommendations, Attorney General’s Department, Sydney.
New South Wales Police (n.d.) Victims Policy.
Neuman, E. (1994) ‘Victimisation by Police in Latin America’, in G.F. Kirchhoff, E. Kosovski & H.J. Schneider (eds) International Debates of Victimology, WSV
Publishing: Monchengladbach, pp.329-346.
Ratkowski, M.R. (1985) ‘Securing the Rights of Victims and Witnesses of Crime’, The Police Chief, LII(6), p63.
Reiner, R. (1985) The politics of police. Wheatsheaf: Brighton, UK.
Reiser, M. & Geiger, S.P. (1985) ‘Police Officer as Victim’, The Police Journal, June, pp.16-20.
Report of National Inquiry into Racial Violence in Australia (1991), Australian Government Printing Service: Canberra
Reporter (1987) ‘Crime Perception and Victimisation of Inner City Residents’, 8(1), pp.10-11.
Schaeffer, R. (1978) ‘Law Enforcer, peacekeeping or servicer: Role alternatives for policemen’, Journal of Police Science and Administration, 6(3).
Shapland, J., Willmore, J. & Duff, P. (1985) Victims in the criminal justice system, Gower: England.
Van de Bogaard, J. & Wiegman, O. (1991) ‘Property Crime Victimisation: the effectiveness of police services for victims of residential burglary’, Journal of
Social Behaviour and Personality, 6(6), pp.329-362.
Van Maanen, J. (1983) ‘On the making of a policeofficer’, in C.B. Klockars (ed) Thinking about police: Contemporary Readings, McGraw-Hill: New York,
pp.308-402.
Vianno, E.C. (1989) Crime and its Victims: International research and public policy issues (proceedings of the 4th International Institute on Victimology), NATO
Advanced Research Workshop, Hemisphere Publishing: London.
Walklate, S. (1989) Victimology: The victim and the criminal justice process, Unwin Hyman: London.
Wilson, C. (1991) ‘Police as Victims of Crime’, Journal of the Australasian Society of Victimology, Special Edition, April, pp.61-62.
Young, M. (1993) Victim Assistance: Frontiers and Fundamentals, NOVA: Washington, DC.