domestics law enforcement response. 2 officer safety law enforcement response interviews arrest v....
TRANSCRIPT
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Domestics
Law Enforcement Response
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• Officer Safety
• Law Enforcement Response
• Interviews
• Arrest v. No Arrest
• Evidence Collection
• Report Writing
• Tips for Testifying in Court
Session Objectives
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• Officer safety is the top priority.
• If possible, respond with at least two officers.
• Obtain as much information as possible.
• Approach the residence with caution.
• Listen and look before making contact.
• Separate the parties
• Maintain eye contact with other officers.
• Check for weapons.
• Avoid arresting the suspect in front of the victim.
Officer Safety
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• Insist on seeing the victim.
• Determine if medical attention is needed.
• Do not tell the suspect that the victim called for help.
• Take the victim’s full statement rather than having the victim write it.
• Do not ask the victim if they want to prosecute or have suspect arrested.
• Inform victim when the arrest is about to be made.
Victim Safety
If the victim is at risk, so is the responding officer!
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Law Enforcement Response
• If suspect not present, attempt to locate him/her.
• If suspect is present, separate parties.
• Secure the scene and check for weapons.
• Check for witnesses.
• Be sensitive to victim.
• Interview victim and any witnesses.
• Be accurate and thorough in your report.
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June 2009 Training and Standards Bureau 6
Law Enforcement Response Continued
• “Excited utterances” may be allowed into court as exceptions to the rule against hearsay.
• History of violence?
• Victim may be reluctant or unavailable to talk to you.
• Assess the risk factors for continued violence or lethality.
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June 2009 Training and Standards Bureau 7
What Should You Expect?
• Angry and humiliated victim.
• Victim will only provide details if he/she feels safe.
• Victim wants abuse to stop, but knows law enforcement response may make it worse.
• Offender believes he/she is entitled.
• Offender will probably appear calm and rational.
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June 2009 Training and Standards Bureau 8
What Should You Expect Continued
• Offender will blame victim.
• Offender will pressure victim.
• Victim may recant or minimize statements.
• Understand recanting is frustrating for you but keep in mind the dynamics of DV and realize why the victim is recanting.
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June 2009 Training and Standards Bureau 9
Provide Information to Victim
• Info on domestic violence.
• Info on community services available.
• Explain process of criminal justice system.
• Explain what will happen next with offender if arrested. • 72-hour no contact order• Temporary restraining orders /
injunctions• Safety planning
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Interviews
• Conducted shortly after incident.
• Document excited utterances.
• Separate victim and offender by sight and sound – interview separately.
• Maintain visual contact with other officer throughout interview.
• Try to keep everyone calm and seated.
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Interviewing the Victim
• Establish trust with victim.
• Pay attention to your non-verbal communication.• Facial expression• Eye contact• Body language and posture• Physical distance
• Allow the victim to vent and tell the story.
• Reassure and clarify actions.
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Interviewing the Victim Continued
• Attempt to get a statement from victim about telling the truth in court.
• Do Not ask the victim if he/she wants to “press charges” or “sign a complaint.”
• Explain to the victim that he/she did not deserve to be treated (or hurt) the way he/she was.
• Express your concern for the victim’s safety and the safety of any children
• Advise that law enforcement will be available for the victim and children (building trust).
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Interviewing the Offender
• Remain neutral.
• Do not make any accusatory or opinionated statements.
• Conduct interview as a non-custodial interview. (No need to “Mirandize”)
• Offender may need to vent before questioning.
• Ask, “What would your [wife, partner, etc.] tell us about what happened?
• Always document all spontaneous admissions.
• Never provide information about who called the police or act in agreement with the offender.
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Interviews with Children
• Interview children away from all adults in a comfortable place at the child’s level.
• Children will often blame themselves.
• They may say the did not see what happened.
• Keep talking with child because they probably at least heard the incident or know of prior incidents.
• Reassure child and build trust.
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Interviews with Children Continued
• Be aware of child’s fear and/or signs of abuse or neglect.
• Ask open ended questions and allow child to “tell the story.”
• Take time with children and explain what will happen next.
• Ask simple questions and use words appropriate to age of child.
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Witnesses
• Officers should canvas for other witnesses, such as:• Emergency Medical Personnel• Neighbors• Passersby• 911 dispatcher
• Document specific quotes, who said them, who heard them and the demeanor of the witness.
• Do not promise witnesses that their identity can be kept anonymous.
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June 2009 Training and Standards Bureau 17
Note Taking
• Take detailed notes on everything said.
• Put comments in quotation marks in reports.
• Excited utterances may also be found on 911 tapes and should be noted.
• Take notes on scene or immediately upon locating the parties/witnesses.
• Attempt to get information on history of abuse.
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June 2009 Training and Standards Bureau 18
Arrest v. No Arrest
• An arrest should only occur after obtaining both sides of the story.
• Purpose of arrest is to make offender accountable.
• Do not make a decision based solely on injuries.
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June 2009 Training and Standards Bureau 19
Evidence
• Gather evidence as if the victim will recant or not be able or willing to testify in court.
• Keep these key points in mind:
• Photos are crucial• Gather all physical evidence• 911 tapes can strengthen your
case
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June 2009 Training and Standards Bureau 20
Other Sources of Information and Evidence
• Statements to law enforcement (excited utterances).
• Printed victim questionnaire.
• Injury diagrams and/or injury checklists.
• Records of previous medical treatment for abuse.
• Other records (civil court actions, restraining orders, etc.)
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June 2009 Training and Standards Bureau 21
Documentation
• Scene.
• Victim’s appearance and demeanor.
• Offender’s appearance and behavior.
• Other witnesses’ behavior, including children.
• Physical injuries on both parties.
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June 2009 Training and Standards Bureau 22
Report Writing
• When you arrest someone for DV, you will have to complete a report.
• In DV cases, if reasonable grounds existed to arrest, but no arrest was made, you must prepare a written report explaining why.
• Because you might be chief witness in a DV case, must have thorough, accurate and non-judgmental report.
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Basic Information (Report)
• Times (incident, arrival, statement)
• Identification of victim and suspect including height and weight.
• Relationship of victim and suspect.
• Names, addresses, phone numbers, workplaces, relationship of witnesses.
• How to reach the victim during the next 24 hours.
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Scene Information (Report)
• Who was present?
• Condition of scene.
• Whether children were present.
• Was there a temporary restraining order or injunction, probation, AODA for victim/offender, suicide threats or abused pets involved?
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June 2009 Training and Standards Bureau 25
History (Report)
• Locations where the victim and offender have lived for the past few years.
• Names, addresses, and phone numbers of relatives, friends and family.
• Any history of domestic violence, including prior arrests and convictions.
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June 2009 Training and Standards Bureau 26
Interviews (Report)
• Emotional state of victim and offender.
• Non-consent statement from the victim.
• Include all statements or excited utterances.
• Note how parties interact.
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June 2009 Training and Standards Bureau 27
Injuries (Report)
• Document all injuries.
• Document all medical treatment.
• Do statements of incident match the physical injuries?
• Document any self-defense wounds.
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June 2009 Training and Standards Bureau 28
Evidence (Report)
• Document any evidence collected.
• Document if photographs were taken.
• Collect a copy of the 911 recording.
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June 2009 Training and Standards Bureau 29
Narrative Checklist (Report)
• Full identification and contact information.
• Victim statement, including non-consent.
• Offender statement.
• Description of scene and demeanor of parties.
• History of abuse.
• Risk factors.
• Witnesses’ and children's’ statements.
• Probable cause for arrested party.
• Description of injuries and treatment.
• Medical release obtained.
• No-contact signed.
• Evidence collected.
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June 2009 Training and Standards Bureau 30
Tips for Testifying
• Always tell the truth and never guess.
• Qualify how well you remember the details.
• Admit bad things and avoid a lengthy cross-examination.
• Never get angry or laugh along with the defense.
• Think of the jury or judge as your friend – be likable.
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Stalking
Harassment
Strangulation
Additional Investigative Issues
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Violent Acts by Both Parties
• Were any of the violent acts committed as self-defense against the other party?
• Did the predominant aggressor provoke the other person involved to attack?
• Do both parties pose a significant danger to each other and so need to be placed under the controls of the criminal court?
• Did both parties experience the same level of fear?
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June 2009 Training and Standards Bureau 33
Violent Acts by Both Parties
• Case may be compromised if you arrest both parties.
• If possible, determine the predominant aggressor.
• Arresting the victim would reduce the ability to prosecute the offender.
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June 2009 Training and Standards Bureau 34
Self-Defense
• Must have reasonable belief of actual and imminent unlawful interference with his/her person.
• Only use the amount of force reasonably necessary.
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June 2009 Training and Standards Bureau 35
Self-Defense: Reasonable Belief
• What did the victim think was about to happen to him/her? Why did the victim think that?
• What has happened in the past to this victim?
• What was the alleged offender doing?
• What amount of force would be necessary?
• What options did the victim think he/she had? Why?
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Self-Defense: Injuries
• If both parties have injuries, consider the possibility that some are the result of self-defense.
• Victim injuries: back, legs, forearms or palms from blocking blows or from being struck in fetal position.
• Injuries may exist under clothing, on scalp, or evidence of pulled hair including spots pulled out.
• Offender may have scratch marks to face, hands, or arms from the victim defending against attempted strangulation.
• Bite marks may be apparent on the offender’s chest, arms or hands.
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June 2009 Training and Standards Bureau 37
Strangulation
• A form of asphyxia as a result of external pressure on the neck.
• Is one of the most lethal forms of domestic violence.
• 10% of violent deaths in the U.S. each year are due to strangulation.
• Hanging, use of ligatures, and manual strangulation.
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Strangulation
• Strangulation is not the same as “choking.”
• Voice and swallowing changes• Difficulty breathing or coughing• Other physical/mental changes due to lack of
oxygen.• Defecation/urination
• Strangulation may not leave visible injuries.
• Visible injuries may appear days later.
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Strangulation: Interview and Report Writing
• Ask victim to describe and demonstrate how strangulation occurred.
• Include length of time strangulation continued and how hard grip was.
• Ask what offender was saying during strangulation.
• Ask if victim was shaken, thrown against wall, floor or ground.
• Document all complaints of pain and discomfort, loss of consciousness, feeling dizzy or faint, and whether the victim felt nauseated or vomited.
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June 2009 Training and Standards Bureau 40
Stalking
Wis. Stats 940.32 defines a stalker as “any person who engages in a course of conduct directed at a specific person which places that person, or his or her family or household member, in reasonable fear for their safety.”
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Stalking: “Course of Conduct”
• Maintaining visual or physical proximity of the victim.
• Approaching for confronting the victim.
• Appearing at the victim’s workplace or contacting the victim’s neighbors.
• Entering property owned, leased, or occupied by the victim.
• Contacting the victim by phone or causing phone to ring.
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June 2009 Training and Standards Bureau 42
Stalking: Course of Conduct
• Sending material by any means to the victim.
• Placing or delivering an object to property of victim.
• Placing or delivering an object to victim through others.
• Causing a person to engage in these acts.
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Stalking
• Behaviors: spying, following, making unwanted phone calls, sending unwanted mail, threats or vandalizing property.
• No relationship required.
• Continuation of power and control
• DV stalkers usually obsession or vengeance stalkers.
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June 2009 Training and Standards Bureau 44
Stalking Investigations
• Collect all notes, gifts, messages from the victim.
• Enlist victim in collecting evidence log.
• Educate victim.
• Get facts first then address fear issue.
• Interview victim.
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June 2009 Training and Standards Bureau 45
Stalking Investigations
• No false promises to victim.
• TRO?
• Ask victim for photo.
• Discourage contact.
• Interview victim about suspect.
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Stalking Investigations
• Search warrant.
• Contact the suspected stalker and advise of consequences.
• Conduct surveillance.
• Apprehend for EVERY violation.
• Visit each crime scene.
• Make presentation to DA.
• Advise judge of past activities.
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Harassment
• Wis. Stats 947.013 states that harassment may be applicable prior to or in addition to a stalking charge.
• Harassment is defined as any person engaging in a course of conduct that harasses or intimidates another.
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June 2009 Training and Standards Bureau 48
Harassment
• No specific number of acts has to occur.
• A direct threat is not needed. “Credible threat.”
• And injury is not needed.
• Document harassing/stalking behavior. All reports together may show pattern.
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Police Liability
• Exhibiting a pattern of differential treatment or application of the law.
• Failing to appropriately enforce a court order protecting a victim of DV.
• Failing to provide information to a victim as required by law.
• Failing to respond at all or in a timely manner.
• Failing to take proper action to protect a citizen.
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June 2009 Training and Standards Bureau 50
Differential Treatment
• You must not treat DV victims differently from other victims of a crime.
• For example, if DV victim does not give you all the information about the offender you will keep investigating the crime.
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June 2009 Training and Standards Bureau 51
Failing to Enforce a Court Order
• Once you are made aware of a possible violation you are obligated to respond and investigate.
• If you act unreasonably, liability can be attached.
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June 2009 Training and Standards Bureau 52
Failure to Provide Information
• Wis. Stats 950 states that officers must make a reasonable attempt to provide victims with written information.
• If you fail to provide the victim with this information it could lead to liability.
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Information Required to be Provided by Law
• Wis. Stats 950.08(2g) requires officers to provide the following information to victims of crime no later than 24 hours after initial contact:
• A list of the rights of victims under s. 950.04(1v).
• The availability of compensation and the address and phone number of the contact for information concerning compensation.
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• Address and phone number of intake worker, corporation counsel or district attorney whom the victim may contact.
• Address and phone number of the custodial agency that the victim may contact for information concerning the taking into custody or arrest and release of a suspect.
Information Required to be Provided by Law Continued
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• Suggested procedures if threatened or intimidated.
• The address and phone number at which the victim may contact the Department of Justice or any local agency that provides victim assistance/information about services available for victims, including medical services.
Information Required to be Provided by Law Continued
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Failing to Respond
• Must treat DV cases as serious as other cases.
• Victim has right to expect reasonable assistance from law enforcement regardless of the nature of the relationship or the identify of victim.
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Failing to Take Proper Action
• May not selectively protect citizens.
• Must protect an individual who is in custody and may not place any individual in a dangerous situation.
• Put biases and stereotypical thinking aside during DV investigations.
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QUESTIONS?