textfiles/law/vic-wit.txt

March 1991                                                        

                                                                  
                     VICTIM-WITNESS ASSISTANCE                     

                                By 

                         Joseph R. Luteran
           Supervisor, Victim-Witness Assistance Program
                        U.S. Capitol Police                   
  
                                                                
     A couple walking through a park on Capitol Hill is robbed 
at gunpoint by two subjects.  The subjects flee the scene on 
foot.  Both victims are extremely shaken and afraid, since the 
robbers threatened to shoot them during the robbery.  The victims 
wave down a passing patrol car.  Upon learning that they have 
been robbed, the officer immediately asks the communications 
dispatcher to have a Victim-Witness Assistance Coordinator 
respond to the scene.  The Watch Commander's Office is notified, 
and a coordinator is selected from the duty list.                 

     Upon arriving on the scene, the coordinator meets with the 
investigating officer to determine the nature of the incident and 
the identity of the victims and/or witnesses.  After 
introductions are made, the coordinator explains the program to 
the victims, then asks if they are all right and assures them 
that they are safe now.  The victims are then told that the 
coordinator will do whatever needs to be done to help them 
through this crisis.                                              

     The coordinator accompanies the victims to the Criminal 
Investigations Division offices.  After being interviewed by 
detectives there, the victims are given a copy of the program's 
information pamphlet and the coordinator explains the kinds of 
assistance available to them.                                 

VICTIM AND WITNESS PROTECTION ACT                                 

     The enactment of the Victim and Witness Protection Act of 
1982 directed all Federal law enforcement agencies to develop and 
implement consistent guidelines for the fair treatment of Federal 
crime victims and witnesses.  Like most other Federal law 
enforcement agencies, the U. S. Capitol Police (USCP) did not 
have existing policies or uniform procedures for officers to 
follow when responding to the needs of crime victims and 
witnesses.                                                        

     Faced with this predicament, the department set out to 
design an effective system to serve the victims and witnesses of 
serious crimes occurring on Capitol Hill, be they Congressional 
staff members, tourists, or local residents of the Washington, 
D.C., metropolitan area.  Serious crime was defined as crimes of 
personal violence, attempted/threatened personal violence, or 
significant property loss.  The most recurring serious crimes on 
the Hill are armed robberies and aggravated assaults.        

MANUAL DEVELOPMENT                                                

     The first step taken to comply with the act was the
development of the "USCP Victim-Witness Assistance Manual."
This comprehensive document states the Capitol Police's policy
regarding victim assistance.  It defines and governs the
official responses and actions to be taken by officers assigned
as Victim-Witness Assistance Coordinators, as well as other
members of the department.  The information contained in the
manual is a point of reference for all USCP department members.

INFORMATION BROCHURE FOR VICTIMS                                  

     The next step was to create an eight-page brochure entitled 
"Information for Victims and Witnesses of Crime."  The brochure 
informs victims and witnesses of their rights under the act, what 
they can expect from the USCP, and what is expected from them in 
terms of cooperation.  The brochure is given to each victim or 
witness contacted by a Victim-Witness Assistance Coordinator.  It 
has sections explaining the following aspects of their case, such 
as:                                                               

     *  The criminal investigation process                           

     *  What will occur if an arrest is made                         
     
     *  Right-to-know status of case and defendant's custody
        status 

     *  Crime victims compensation programs/restitution
  
     *  How a victim's recovered stolen property is handled

     *  Assistance with victim's employer 

     *  Threats or harassment of victims or witnesses 

     *  Available community resources to assist victims

     The brochure also has a map showing the location of the 
various USCP stations and the department's Property Management 
Division, where property can be claimed by its owners.  The back 
cover provides space for victims or witnesses to write down the 
names and phone numbers of officers and detectives involved in 
the case, as well as other important information.  It also 
indicates the program's hotline telephone number and mailing 
address in case questions occur or further action is necessary.   

VICTIM-WITNESS ASSISTANCE COORDINATORS                            

     Rather than establishing and staffing a full-time unit, USCP 
administrators decided that the Victim-Witness Assistance Program 
would use 18 specially trained officers and detectives, called 
coordinators, on an "as needed basis."  The 18 coordinators, 
representing each division of the department, cover all shifts, 
24 hours a day, 7 days a week.  When a serious crime occurs, 
coordinators respond to the scene of the crime to assist the 
victim(s) and witnesses.  When not serving in this capacity, 
coordinators work their regular assignments.                      

     A selection process for coordinators was established, and a 
list of applicants was approved.  In addition to other criteria, 
the evaluators looked for officers who were able to deal with  
the public in a concerned, sensitive, and professional manner. 
Officers with formal education in psychology, sociology, or  
social work and those with field experience in victim assistance 
or related social work were especially sought.  After being  
selected for the program, each coordinator went through an 
intensive 40-hour, 1-week training course, during which 
representatives from regional law enforcement agencies shared 
victim-witness information concerning legal issues, available 
resources, and cooperative measures with them.                    

     It was decided that the program's supervisor should report 
directly to the Assistant Chief of Police for two reasons.  
First, because the program is staffed by officers from different 
bureaus within the department, reporting to a single source keeps 
matters unified.  More importantly, however, reporting directly 
to the Assistant Chief of Police eliminates the possibility of 
the program being stymied by a long chain of command or the 
policies becoming "watered down."  Direct supervision of the 
program is provided by a captain, who is assisted by a sergeant.  

VICTIM HOTLINE                                                    

     Because the program is designed as a reactive unit and its 
coordinators are assigned to various divisions located in 
different stations, there was an apparent need for a central 
office to handle calls for assistance.  The Watch Commander's 
Office, a headquarters-based, 24-hour operation, was selected as 
the site of the program's hotline number.  Officers assigned 
there process all incoming telephone calls for the program 
coordinators, either by transferring them to the on-duty 
coordinator, entering the message into the department's 
computerized electronic mail system, or if necessary, contacting 
requested off-duty coordinators.                                 

U.S. ATTORNEY'S OFFICE                                            

     After establishing the Victim-Witness Assistance Program 
within its own department, the USCP decided to ally itself with 
other sources in order to operate even more efficiently.  Their 
cooperative efforts with the Victim/Witness Assistance Unit 
(VWAU) of the U.S. Attorney's Office for the District of 
Columbia has proved very beneficial.                              

     In its unique role serving as both Federal and local 
prosecutor in most criminal cases in Washington, D.C., the U.S. 
Attorney's Office prosecutes some 35,000 cases involving about 
90,000 victims and witnesses each year.  The VWAU, established in 
1979, is responsible for providing information and services to 
these victims and witnesses while they are involved in the 
criminal justice system.                                          

     The USCP's program parallels some of the services offered by 
the U.S. Attorney's VWAU.  Each USCP coordinator works closely 
with the assigned VWAU coordinator to serve those who have been 
victimized on Capitol Hill.  Because the programs complement each  
other, caseloads are lessened.                                    

     Prior to the USCP program, the U.S. Attorney's Office VWAU 
assisted only those victims whose cases resulted in the arrest of 
a defendant.  Now, with the implementation of the USCP's program, 
cooperative efforts ensure that all victims are assisted.     

SPECIALIZED TRAINING                                              

     The first step in ensuring an effective program was to
develop a specialized training course on victim assistance.  In
October 1989, the USCP, in association with the Office for
Victims of Crime, the U.S. Department of Justice, and the
Federal Law Enforcement Training Center (FLETC), hosted a
regional training conference on Victim-Witness Assistance for
Federal law enforcement agencies.  The course was an intensive,
state-of-the-art course in victim assistance taught by
nationally recognized experts in the field.  This course was the
first of its kind for Federal law enforcement agencies in the
Washington, D.C., area.

     This 40-hour course served as basic training for new USCP
coordinators and representatives of other agencies attending.
The training course consisted of core modules of instruction
centering on Federal law enforcement's responsibilities to
victims and witnesses, as defined by the Federal Victim and
Witness Protection Act of 1982.  There were also blocks of
instruction presented by representatives of those local private
and governmental agencies in the Washington, D.C., area that are
responsible for providing a wide range of services to crime
victims.  The course was designed to be a fundamental program
that would provide the officers with practical information and
techniques to assist victims and witnesses effectively.

     Agencies providing instruction to the class attendees 
included:                                                         

     *  D.C. Rape Crisis Center                                      

     *  National Organization for Victim Assistance                  

     *  D.C. Crime Victims Compensation Program                      

     *  House of Ruth (a local domestic abuse shelter)               

     *  D.C. Crime Victims Assistance Program                        

     *  National Resource Center on Child Sexual Abuse               

     *  Delaware State Police, Victim Services Unit                  

     *  Office for Victims, U.S. Department of Justice               

     *  American Association of Retired Persons                      
     
     *  Federal Bureau of Prisons                                    

     *  Victim/Witness Assistance Unit, U.S. Attorney's Office       

     *  National Sheriff's Association                               

     All representatives explained the purpose of and the
capabilities of their respective programs and provided attendees
with materials that would assist them.

     Each attendee also received a Community Services Directory 
compiled by the Victim/Witness Assistance Unit of the U.S. 
Attorney's Office.  This directory, which is updated annually, is 
a comprehensive listing of area services, including mental health 
counseling, alcohol and drug rehabilitation programs, emergency 
financial assistance, sources of emergency food and clothing, 
legal assistance, and emergency housing assistance.  It serves as 
an excellent resource tool for coordinators when working with 
victims.                                                          

CASE MANAGEMENT SYSTEM                                            

     Another aspect of the USCP's Victim-Witness Assistance 
Program was to design a recordkeeping system for case
information.  All cases initiated by the program are entered
into a specially formatted information management program built
into the department's mainframe computer.  The coordinators
enter selected data on each case, including basic information
taken from the original crime report, court dates, custody
status of the defendant, referrals to other programs, notes on
action taken by the coordinator, incidents of harassment/
intimidation, and other pertinent information. Cases requiring
followup action are noted in the system's calendar function to
ensure prompt and efficient action.

FEEDBACK FROM VICTIMS                                             

     In order to evaluate the program's effectiveness, a system 
allowing feedback from victims and witnesses was developed. 
Ninety days from the date of initial contact, a letter is mailed 
from the chief of police to each victim or witness assisted by 
the program.  The letter is accompanied by a short survey form 
and a stamped self-addressed  return envelope.  The survey 
elicits victim and witness opinions of the program itself, the 
coordinator assigned to the case, and other referral agencies 
with which the victim came into contact.                          

     Receiving constructive criticism, as well as compliments, 
serves as an effective mechanism to ensure that the program is 
satisfying its users and is performing its mission of 
effectively assisting victims of crime and their families in 
coping with and recovering from the effects of crime.  Comments 
from returned surveys have resulted in several useful changes in 
the program, as well as improved techniques by the coordinators.  

CONCLUSION                                                        

     Historically, Federal law enforcement took no active role in 
the area of victim and witness assistance.  Passage of the Victim 
and Witness Protection Act of 1982 and the Victims of Crime Act 
of 1984 spurred action in this very important area.               

     In addition to ensuring compliance with the letter of the 
law, the Victim-Witness Assistance Program provides the U. S. 
Capitol Police with the ability to comply with the spirit of the 
law effectively and cooperatively.  It also ensures that victims 
and witnesses of crime on Capitol Hill are treated fairly and 
courteously, and that they are provided with timely information 
and assistance.  As one part of the growing victims' rights 
movement, the USCP Victim-Witness Assistance Program is doing 
its part in restoring balance within the criminal justice 
system.                                                           

     Though local and State agencies are not required to set up a 
Victim-Witness Assistance Program under the 1982 act, a program 
such as this could certainly be developed by individual 
departments.  The main ingredients of the Federal approach 
contained in this article could be incorporated into programs on 
the local or State level.  By using victim-witness assistance 
coordinators, preparing guidelines and an information brochure, 
putting together a community services directory, and organizing 
victim-witness training programs, a department could create an 
effective victim-witness program.