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