police response to victims michael oconnell

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Victims and the Police

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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

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• 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?

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• 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".

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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

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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.”

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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

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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

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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”

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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

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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

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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

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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

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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

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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.”

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• 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 36.6 45.8 4.7 12.9 Deciding on Charges 21.7 50.5 23.5 4.3 Bail Decision 41.3 34.8 17.6 6.2 Attend Court

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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.

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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

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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.

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The Police ‘Crime Fighter’ / Law Enforcement paradigm

paradigm (model)

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

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The Police ‘Crime Fighter’ / Law Enforcement paradigm

paradigm (model)

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

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The Police ‘Crime Fighter’ / Law Enforcement paradigm

paradigm (model)

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

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The Police ‘Crime Fighter’ / Law Enforcement paradigm

paradigm (model)

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

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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.

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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

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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)

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South Australia Police – A case example

ORG / DEPT NAME OF TRAINING / POLICY DESCRIPTION / CONTENT TEACH VICTIMS

RIGHTS

USE VICTIMS BOOKLET

SAPOL 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

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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

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South Australia Police – A case example

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Example -- Victim Notification Letter

•

Enhancing

compliance:

Victim-letter

notification

• Name of accused

• First court date &

court particulars

• Reminder of right

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Police as victims

The conditions of ‘victim-hood’—

A person has suffered a loss or some significant decrease in well-being 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

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Police as victims

“[Police as victims require] sensitive handling, caring, and

support as do other victims.”

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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

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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.

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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,

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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

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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.

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Bibliography

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Australian Police Union (1995) ‘New Zealand Police Association Launches a National Victims Support Organisation’, Journal of the Australian Police Union.

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Bard, M. & Sangrey, D. (1979) The Crime Victim’s Book, Basic Books: New York.

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