Transcript Undue_Infl_PP - National Clearinghouse on Abuse in

Undue Influence
The Criminal Justice Response
Copyright © 2006
YWCA Omaha, Nebraska
Omaha NE 68131-3577
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Introductions
Name
Agency
Number of years in the field
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Undue Influence
Power and control
Exploit trust, dependency and fear of
another
Purpose: deceptively gain decision making
control
3
Undue Influence
More than persuasion or salesmanship
Pattern of tactics
Brainwashing – cults, hostages, POWs
Method to commit a crime
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Case Example: Martha Bedford
Recently widowed
Handy man
Several trusts worth millions
Moves and isolates
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Martha Bedford
APS case?
Civil case?
Criminal case?
All or some of the above?
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Importance to Criminal Justice
Cases that “don’t seem right”
Explain victim behaviors
Assist in determining if crime committed
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Importance to Criminal Justice
Disprove offenders’ justifications
Link expertise in DV, stalking, and
grooming in SA
Multidisciplinary
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Purpose of the Training
Enhance victim safety by identifying and
responding effectively to UI
Hold abusers accountable through
investigation and prosecution of UI cases
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Abuse, Neglect and Exploitation
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Elder Abuse
Age
Gender
Relationship
Location
All racial, ethnic, religious, and economic
groups
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Elder Abuse
Physical violence
Sexual abuse
Emotional abuse
Financial exploitation
Neglect
Abandonment
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Financial Exploitation
The illegal or improper use of an elder's
funds, property, or assets.
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Forms of Financial Exploitation
Cashing checks without permission
Forging signature
Misusing or stealing $ or possessions
Coercing/deceiving into signing documents
Improper use of conservatorship,
guardianship, or power of attorney
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Generational and Cultural
Considerations
Who owns resources?
Freely given?
Freely shared?
Extended family in same household?
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Family Violence in Later Life
Financial
exploitation
Using privilege
Threats
Intimidation
Guilt & Blame
Power
and
Control
Abusing
dependencies
Neglect
Isolation
Using family
members
Ridiculing
values
spirituality
beliefs
Emotional
abuse
Wisconsin Coalition Against Domestic Violence
This diagram is based on the Power and Control/Equality wheels
developed by the Domestic Abuse Intervention Project, Duluth, MN
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Stalking
Conduct directed at a specific person that
causes fear
Repeated behaviors
Purpose: to control victim or instill fear
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Grooming
Double life of the suspect
Target based on vulnerability
Often develop relationship
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Case Example: Norman
Video: “I’d Rather Be Home”
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Exercise: I’d Rather Be Home
What forms of abuse or tactics were used?
How similar to DV?
APS?
Civil?
Criminal?
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Exercise: Barriers
List barriers victim’s face to living free
from abuse in later life
Your small group has 2 MINUTES!
Group with longest list wins
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Dynamics of Undue Influence
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Case Example
Movie: “Gaslight”
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Exercise: “Gaslight”
Based on her behavior, what could be going
on with Paula?
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Undue Influence
Substitution of one person’s will for
the true desires of another
Not persuasion and sales techniques
Includes fraud, duress, threats, or other
deceits
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Victims
Under the right circumstances,
anyone could be susceptible to UI
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Victims: Increased Vulnerability
Lonely
Naive, uninformed
Ill or cognitively impaired
Adverse life conditions
Fatigued, exhausted, distracted
Frightened
Dependent
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Suspects
Opportunists
Career criminals
Fiduciary gained elder’s trust/confidence
Caregivers
Family members, trusted friends or others
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Targeting
Find a likely target
Gain confidence of potential victim
Induce dependence through exploitation of
weakness
Gain dominance of victim’s life
circumstances and wealth
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Undue Influence:
Common Tactics
Create Fear
Prey on
Vulnerabilities
Isolate From
Others and
Information
Create
Dependencies
Financial
Exploitation
Keep Unaware
Perform
Intermittent
Acts of
Kindness
Create Lack of
Faith in Own
Abilities
Induce Shame
and Secrecy
Copyright © 2006 YWCA Omaha, Nebraska
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Exercise: Indicators/Questions
List 2 – 4 victim indicators
List 2 – 4 suspect indicators
List 2 – 4 non-leading questions
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Case Example
Video: “I’d Rather Be Home”
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Key Points
Common victim reactions
Often not recognized
Ongoing, trusted relationship
Grooming behavior
Pattern of tactics
Indicators warrant further investigation
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Not All Older People
Experience UI
Gift giving
New relationships/partners
New caregivers
Changes in wills
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Consent and Other Suspect
Justifications
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Exercise: Justifications
What are common suspect justifications for
financial exploitation?
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Consent
Three elements

Mental capacity

Knowledge of true nature of act

Acted freely and voluntarily
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Legal Competency
Not the same as capacity
Legal judgment
Able to testify or participate in a criminal trial
 Control of one’s life or property

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Decision Making Capacity
Ability to understand circumstances and
consequences of a decision
 Can fluctuate
 Reduced capacity increases vulnerability to UI

Increases dependence
 Decreases ability to make good decisions & resist

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Knowledge of True Nature of Act
Suspect’s tactics prevent such knowledge
Isolate from others and information
 Keep unaware
 Create lack of faith in own abilities
 Create dependency
 Create fear

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Act Freely and Voluntarily
UI is the substitution of one person’s will
for the true desires of another
Victims of UI cannot act freely and
voluntarily
“Apparent” not actual consent
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Exercise: Consent/UI
Adult daughter contacted you about Mrs. B
Mrs. B signed deed and gave home to inhome caregiver (6 months)
Caregiver says Mrs. B wants her to have
home
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Exercise: Consent/UI
Group 1: Questions to explore elements of
consent
Group 2: Questions to explore tactics of UI
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Suspect Justifications
How do you handle these justifications?
What will you investigate?
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Key Points
Suspects justify actions
Apparent versus actual consent
Next – legal elements
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Legal Framework
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Investigation
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Investigative Overview
More than today’s incident
Historical patterns
 Changes over time
 Suspect’s involvement

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Exercise: Sources of Evidence
What are potential sources of evidence
in an UI case?
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Exercise: Collecting Evidence
Using the undue influence wheel and legal
elements, decide:

What types of evidence will you collect?

Who are the witnesses?

How will you obtain the evidence?
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Investigative Framework
Legal Elements
Subject to UI
 Opportunity to exercise UI
 Disposition or intent to exercise UI
 Result was the effect of UI

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Investigative Framework Tactics
Create Fear
Prey on
Vulnerabilities
Isolate From
Others and
Information
Create
Dependencies
Financial
Exploitation
Keep Unaware
Perform
Intermittent
Acts of
Kindness
Create Lack of
Faith in Own
Abilities
Induce Shame
and Secrecy
Copyright © 2006 YWCA Omaha, Nebraska
52
Exercise: Collecting Evidence
Using the undue influence wheel and legal
elements, decide:

What types of evidence will you collect?

Who are the witnesses?

How will you obtain the evidence?
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Proving Undue Influence
Witnesses regarding victim's

Health

Personal and financial losses

Behavior patterns

Throughout day and over time
The victim’s home
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Omaha Case Example
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Interviewing Considerations
Hearing and vision
Literacy
Dementia
Sundowning
Rapport
Logistics
Content flow
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Victim Interview: Videotaping
Consent issues
Potential use at trial

Crawford v. Washington
Victim assessment
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Victim Assessment
Health
Responsiveness
Substance abuse
Education
Language
Demeanor
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Undue Influence Expert
Marshal and present case facts
Beyond common knowledge
 Assess what happened
 Credibility of witnesses
 Educate
 Myths and misconceptions about consent,
persuasion

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What the Expert Can Discuss
Behaviors of victims
Undue influence
Not good salesmanship
Facts consistent with UI
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What The Expert Cannot Say
Usually cannot conclude:
 UI
occurred
 Suspect used UI
 Victim subjected to UI
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What You Need To Know
Does the expert use any particular
model?
Is the expert familiar with other
models?
 If
another model were used, would the
conclusion be different?
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What Expert Needs
Case file

Videotaped interviews
Assessments
Relationship between victim and suspect
Any civil litigation files
Health and social history of victim
Losses
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Multidisciplinary Response
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Undue Influence
The Criminal Justice Response
Copyright © 2006
YWCA Omaha
Omaha NE 68131-3577
65