Transcript Document
Building Bridges Through Understanding the Impacts of Trauma Presenter: Trudy Gregorie, Senior Director Justice Solutions, Washington, DC Discussion Leader: Shannon Wight, Associate Director Partnership for Safety and Justice, Portland, OR Special Guest: Adela Barajas, Director L.A.U.R.A., Los Angeles, CA Research Findings (BARJ, Florida Atlantic University) 4 focus groups held regionally across the U.S. 9 victims of violent crime & 7 victims of property crimes 20 juvenile court judges Allied juvenile professionals (including public defenders, prosecutors, corrections professionals, and victim advocates) 2 Findings Relevant to Victims For virtually all victims, the juvenile court/JJS experience was negative Victims were nearly unanimous in dissatisfaction with the court process: Felt lack of respect & little acknowledgment Thought victims should be treated as “clients” of JJS 3 Findings Relevant to Victims Felt JJS professionals had lack of understanding about victimization Reported lack of understanding of court process & received little information Most less interested in punishment than in accountability, especially for restitution Most expressed strong interest in offender rehabilitation & offender treatment programs Justice Solutions 2005 4 Findings Relevant to Victims Cited “information about the case” as most important Cited “being heard” and “having input” as equally critical Very open to more “creative” justice practices (long as participation is voluntary) Thought more creative alternatives to traditional court processes needed 5 Findings Relevant to Judges General consensus — victim is client of the JJS & has some role in juvenile court Many expressed feelings of helplessness in responding to victims’ needs (largely due to lack of coordination) Unanimously reported low rates of victim involvement Some viewed court processes & management as primary cause of victim dissatisfaction 6 Findings Relevant Judges A few felt victims did not belong in court as they’re incapable emotionally of rationally participating in the process Nearly all thought victim access to reliable information about their cases was important; generally wanted to increase openness of court processes Consensus — improvements needed in victim notification, restitution, participation, & victim impact statements (core victims’ rights) 7 Why Should Juvenile Justice Care About Crime Victims? Why Should Juvenile Justice Care About Victims? A lot of common ground: “Best interests of the child” includes helping them understand impact on their victim, community & others “Best interests of the child” includes helping them be accountable for the harm they have caused Victimizers were often past victims Addressing victimization issues also impacts the cycle of violence 9 And What About the Victim? Felt alienated from juvenile justice processes The perceived “cloak of secrecy” was upsetting Victims didn’t (and in some cases, still don’t) understand the juvenile justice system 10 And From the Perspective of the Victims’ Rights Field? Way busy trying to fix the criminal justice system Virtually ignored the juvenile justice system until the early 1990s Victims’ rights and services in juvenile justice were, for the most part, non-existent Juvenile violent crime started rising across the nation….. 11 12 We Started Paying Attention… 1994: “Report and Recommendations on Victims’ Rights and Services in the Juvenile Justice System” “Victims of crime should not be discriminated against simply because of the age of their offenders” (Sharon English, CA Youth Authority) Began with juvenile corrections, then expanded to probation and courts 13 We Started Paying Attention… 1996: Restorative justice came along Offender accountability Competency development A “victim-centered” approach to juvenile justice 1997: Office for Victims of Crime and National Council of Juvenile & Family Court Judges partnership 1999: BARJ research 2005: “Impact of Crime on Victims” project sponsored by OVC, USDOJ 14 Adolescent Victims and Nonvictims of Violence: Percentage Expected To Experience Adult Problem Outcomes Posttraumatic stress disorder Problem drug use Property offending Violent offending Nonvictim in adolescence Victim in adolescence Domestic violence offending Domestic violence victimization Violent victimization 0 10 20 30 Percentage From Menard, 2002 40 50 The Mental Health Impact (National Survey of Adolescents) Major depression Suicide ideation Higher rates of drug/alcohol consumption, and a greater likelihood of having alcoholand other drug-related problems. Post-traumatic stress disorder (6.2 times more likely to develop PTSD than nonvictims) Sexual Assault and Post Traumatic Stress Disorder (National Survey of Adolescents) Lifetime prevalence of PTSD Adolescent males, sexually assaulted Adolescent males, nonsexually assaulted Adolescent females, sexually assaulted Adolescent females, nonsexually assaulted Lifetime Prevalence of Substance Use/ Abuse Lifetime Prevalence of Delinquent Acts 28.2% 34.4% 47.2% 5.4% 9% 16.6% 29.8% 27.5% 19.7% 7.1% 5.4% 4.8% The Cycle of Violence “When children grow up in violent homes, they must find a way to preserve a sense of trust in people who are untrustworthy, safety in a situation that is unsafe, control in a situation that is terrifyingly unpredictable, power in a situation of helplessness.” -- Dr. Judith Herman 18 19 Concerns Unique to Victims of Juvenile Offenders Shock, vulnerability and trauma may be enhanced due to the age of the offender Victim vulnerability may be increased when the victim knows the juvenile offender Victims of juvenile offenders may “generalize” about youth. May hesitate to report feelings of fear, or articulate the need for protection 20 Concerns Unique to Victims of Juvenile Offenders (cont.) Confidentiality protections contribute to victim fears and frustration Likelihood of receiving full restitution decreases with the age of the offender Limited participatory rights for victims Parental liability 21 22 Important Considerations for Victim Impact Victims are asked often to participate in justice processes when they are likely to be most traumatized: At the crime scene Police lineups Facing the alleged offender in court Sentencing hearings Parole hearings 23 Important Considerations for Victim Impact (cont.) The justice process can be very intimidating for victims Often don’t understand their role, and what is going to happen Victims basic expectations: “Being treated with respect.” “Being acknowledged as someone who has been hurt by crime.” “Receiving information about the case.” 24 Common Immediate Trauma Reactions: During the Crime Shocked, surprised, terrified Have feelings of unreality; think it can’t be happening Have high levels of physiological anxiety (e.g., rapid heart rate, rapid breathing) Have cognitive symptoms of anxiety (e.g., feel helpless and terrified) 25 Common Short-term Trauma Reactions High anxiety Preoccupation with the crime May or may not look distressed Anger Disturbed concentration Concerns about safety Sleep disturbances Concerns about who to tell Concerns about being believed, and not being blamed 26 Immediate- and Short-term Trauma Reactions: Examples of Distress Preoccupation with the crime Concerned about their safety and that of their loved ones Concerned that they will not be believed, and be blamed Negative changes in belief systems Chronic trauma evokes feelings of never knowing when the next attack will occur 27 Long-term Trauma Reactions Major depression Thoughts of suicide and suicide attempts Use/abuse of alcohol and other drugs Ongoing problems with relationships Anxiety disorders Changing view of the world as “a safe place” Increased risk of further victimization 28 Other Long-term Trauma Reactions Acute Stress Disorder Post-traumatic Stress Disorder (PTSD) 29 Theory and Victim Trauma Stress theory: developmental, chronic/occupational, and acute Classical conditioning Avoidance (sometimes including avoidance of helping professionals) Generalizability (about persons and events that remind them of the offender and crime) 30 Victim Trauma Theory Classical Conditioning Occurs when a neutral stimulus is paired with a stimulus that produces a particular response Violent crime victimization is a “real life” classical conditioning experience – the attack is an unconditioned stimulus that produces negative emotions (which are “conditioned stimuli”) 31 Possible Conditioned Stimuli Characteristics of the assailant Characteristics of the crime setting Seeing the assailant in court Testifying about the details of the crime Even helping professionals can evoke negative emotions in the victim 32 Victim Trauma Theory Avoidance Behavior This is the most common response to crime-related conditioned stimuli Victims may avoid contact with and try to escape from situations that remind them of the crime, and they may: Not want to testify Not return phone calls Not respond to contacts from the court or probation agency 33 Victim Trauma Theory Attribution Theory Individuals have a compelling need to understand their experience: They are constantly interpreting and attaching meaning to environmental events How victims view the criminal event, and how the event is interpreted by the justice system, contribute to a cognitive coping process that can help them regain a sense of control in their lives 34 Victim Trauma Theory Equity Theory Focuses on: The amount of harm suffered by victims The extent to which they are angry and distressed The degree to which they have been treated in an inequitable fashion Can be addressed by: Fair treatment Referrals to services The degree to which the assailant is held accountable 35 REMEMBER: Not all victims endure significant trauma in the aftermath of crime The range of reactions often depends upon pre- and post-victimization factors, and factors related to the crime An immediate and ongoing sensitive response always benefits victims! 36 Most Serious Crimes Heavy Baggage Long Term Counseling Short-Term Counseling & Support Referrals to: - Victim Assistance - Crisis Intervention - Other supportive services Information About: - Resources to help (services & rights) - Options for help(services & rights) Less Serious Crimes Immediate Empathic Response 2010 DCVAA Light 37 Baggage Types of Crime Victims Most Likely to Need Mental Health Counseling Pre-victimization Factors: No consistent finding with respect to demographic characteristics Prior victimization history increases trauma following a new crime History of prior mental health problems increases trauma following a new crime, particularly history of PTSD or major depression 38 Types of Crime Victims Most Likely to Need Mental Health Counseling Crime Factors: Life threat and injury increases risk Violent crimes vs. property crimes Post victimization Factors: Poor social support Degree of exposure to the justice system 39 In Addition to the Mental Health Impact of Victimization: There can also be: Physical impact Financial impact Spiritual impact 40 The Physical Impact of Victimization Physical injuries (from minor to catastrophic) Insomnia Appetite disturbance Lethargy Headaches Stomach aches Muscle tension Nausea Decreased libido (Physical injuries often affect emotional and psychological responses) 41 The Financial Impact of Victimization Costs of medical and mental health services Repairing property or replacing possessions Higher insurance premiums Participating in the justice system (child care, attending the trial, etc.) Taking time off from work Funeral or burial expenses 42 The Spiritual Impact of Victimization Questioning one’s faith: Feelings of anger, hatred and/or betrayal Is there a “just God”? Reliance on one’s faith to cope Search for spiritual answers to deal with grief and trauma Addressing specific faith issues such as “forgiveness” 43 The Spiritual Impact of Victimization (cont.) Multi-faiths must be recognized and respected: Christianity Judaism Islam Buddhism Hinduism Native American With efforts to understand basic premises of each faith 44 Victims’ Most Salient Needs Crisis response Information about victim compensation Information about JJSsupported and community-based victim services Description of JJS “jargon” Information about JJS & processes relevant to victims Information about case & offender status Guidance in VIS Information about offender’s FLOs 45 Basic Crisis Intervention with Crime Victims Make contact with the victim Provide information regarding what will happen next and why Interview the victim and identify his/her needs resulting from the victimization Develop a plan of action to meet those needs 46 Interview Victim for Basic Assessment of Needs: Type of crime and/or other victimizations Immediate and long-term emotional impact, as well as any psychological disturbances (e.g., nausea, headaches, and insomnia) Immediate and lasting physical injuries Financial losses (and whether or not these were recovered) 47 Interview Victim for Basic Assessment of Needs (cont’d): Experience with criminal/juvenile justice system Need for assistance in overcoming problems created by the crime Awareness of existing service agencies; use of and satisfaction with their services Availability and helpfulness of informal support networks 48 Practical Application for Victim Outreach Recognize each victim as an individual who was harmed by a crime: Each case and each victim are unique Have a basic understanding of victim trauma so you can make referrals, if needed Help the victim identify basic needs 49 Practical Application for Victim Outreach (cont.) Explain the justice process and, to the degree possible, what is going to happen Explain and validate the victim’s important role in justice processes Provide assistance with completing victim compensation applications 50 Practical Application for Victim Outreach (cont.) Notify victims of the case and offender status, and location of the offender Solicit victim impact statements that address mental health and impact issues Identify any needs or concerns related to personal safety: Actual and perceived needs/concerns Provide referrals for safety planning 51 Practical Application for Victim Outreach (cont.) Help the victim document financial losses: Make sure that the offender’s financial/legal obligations are recognized by the court Be prepared to provide referrals for victim assistance, counseling, and other supportive services 52 Practical Application for Victim Outreach (cont.) Collaboration among local agencies and community-based victim services is essential! Identify and fill gaps in assistance Avoid duplication of services Create a justice “system” that truly is one 53 Core Victims’ Rights: Notification Considered the “threshold” right The five “W’s” of notification: Who? Where? When? Why? What are my rights and services? Follow-on is critical 54 Core Victims’ Rights: Victim Impact Statements Put a face to the victim Give “the other side to the story” Help victims focus on losses and problems they have endured Make victims feel like “the system cares about them” Helpful in offender case management 55 Model Victim Impact Statement Describe offense and impact Emotional impact Physical impact Financial impact Safety concerns (including protective orders) What do you want to happen now? Victim/offender programming Recommendations for community service Anything else? Notification options 56 VIS Exercise Core Victims’ Rights: Protection Actual versus perceived fears Identify safety and security concerns through victim impact statements What can we do to address these concerns? Referrals to safety planning Victim support referral 58 And the Challenges of Confidentiality……. Not “what can’t we tell the victim?,” but “what can we tell the victim?” Important how this information is imparted Relates to victims’ feelings of safety and security Figure out what victims want to know: Offer insights into programming for youthful offenders 59 Core Victims’ Rights: Restitution Restitution must be a priority and first in line of legal/financial obligations Not punishment, but accountability “The offender can’t afford to pay….” (but can the victim afford it?) 60 Restitution and Victims’ Concerns Failure to enforce contributes to victims’ frustration with the system Sentimental losses = emotional losses Some losses end victims’ “connections to the world” “Minor” losses may be major Tenet of offender accountability Increases victim satisfaction 61 Core Victims’ Rights: Victim Compensation Victims of violent crime are eligible for compensation to help pay for costs associated with the crime Nationwide, one-third of compensation claims are for child abuse victims Juvenile justice professionals need to advice victims about compensation: www.nacvcb.org 62 Mission of Juvenile Court on Victims’ Rights (Pima County, AZ) “To treat victims with fairness, respect, and dignity, and keep them from intimidation, harassment, or abuse throughout the juvenile justice process: To promote communication between victims and the Court. To ensure that victims are informed of their rights & given opportunity to exercise their rights. To help protect victims from any further loss or injury.” 63 NCJFCJ Nine Critical Elements for a Comprehensive Victim Service Program 1. Complete understanding of state statutes 2. Complete understanding of the operations of juvenile/family court 3. Knowledge of whom is responsible for implementation of statutes 4. ID personnel who support victims’ rights 64 NCJFCJ Nine Critical Elements for a Comprehensive Victim Service Program 5. Determine role of VSPs 6. Referral of victims to VSPs 7. Development of services for victims & training for staff 8. Participation in various committees 9. Program development & program evaluation 65 Creative Dispositions Restorative community service Visible and viable Partnerships with victim service agencies Examine every community service placement for applications to victims Seek opportunities to celebrate victims’ rights and educate youthful offenders “Hours served” versus “years served” as an indicator of success 66 Other Creative Dispositions Offender apologies Re-thinking the process Policies that address victims’ concerns Victim-sensitive correspondence and involvement Classes for offenders 67 Victim/Offender Programming Victim impact panels and victim awareness classes Victim-offender mediation or dialogue Community conferencing Opportunities through juvenile offender reentry initiatives Victim-centered approaches Victim involvement from the beginning…. 68 Other Creative Approaches Victim Advisory Councils Victim satisfaction surveys Focus groups of crime victims and juvenile justice professionals Partnerships with victim service professionals 69 Partnering with Victim Services Continual cross-training Development of victim information resources Community service that benefits victims and those who serve them Identifying victim services: Office for Victims of Crime On-line Directory www.ovc.ncjrs.org/findvictimservices/ www.navaa.org (statewide links) 70 Victim Assistance Programs: Community-based Rape crisis centers Domestic violence programs and shelters Homicide support groups Drunk driving victim assistance programs Children’s Advocacy Centers Elder protection programs Interfaith-based victim assistance programs 71 Victim Assistance Programs: System-based Law enforcement Prosecution Courts Probation Parole Corrections Attorneys’ General offices State victim compensation programs State VOCA administrators who oversee Federal funding for victim assistance 72 Victim Assistance Programs: State Coalitions and Associations General victim assistance coalitions Sexual assault Domestic violence Staff offices of MADD State associations of victim/witness professionals State offices of Adult Protective Services State offices of Child Protective Services 73 Victim Assistance Programs: National Coalitions & Associations Address a wide range of crime victim, criminal justice, juvenile justice and public safety issues Many have toll-free information and referral numbers Most have web sites with helpful information for victims 74 Tips for Partnering Find a good “gatekeeper” to victim services Learn about key players and meet with them Work with coalitions Engage victims/survivors and advocates in a serious advisory capacity 75 Why Should Juvenile Justice Care About Victims? Victims do care! They care about prevention They care about the offender’s future They want to have input into what happens to offenders They need & have a right to know about their risks Inclusion of victims provides basis for excellent public relations & community outreach opportunities 76 Why Should Juvenile Justice Care About Victims? When victims are treated with respect & afforded basic rights, relationship becomes one of advocate as opposed to adversary When victim connections are made, they are more likely to: Report crimes to police Attend hearings and proceedings Be open to less prohibitive dispositions 77 Why Should Juvenile Justice Care About Victims? Victims add to the JJS in that they can: Be volunteers Advise on victims’ rights & services Provide guidance in program development Assist with legislative initiatives Help with fundraising for victim-related programming 78 Lessons Learned?….. Doesn’t have to be “us and them” Victims should be viewed as an opportunity, and not just an obligation Proactive involvement of victims and advocates lessens the likelihood of reactive involvement The juvenile justice system has, in many jurisdictions, risen to the occasion of victim assistance 79 Lessons Learned?….. “Children have never been any good at listening to their elders, but they have never failed to imitate them.” - James Baldwin 80 Justice Solutions Resources www.justicesolutions.org “Articles and Publications” Victim Impact Statement Resource Package Sample Conditions of Community Supervision Documenting Losses for Restitution Restorative Community Service Offender Apology Package Office for Victims of Crime, USDOJ www.ovc.gov 81 For More Information…… Trudy Gregorie [email protected] 82 Interactive Discussion Discussion Leader: Shannon Wight, Associate Director Partnership for Safety and Justice, Portland, OR Special Guest: Adela Barajas, Director L.A.U.R.A., Los Angeles, CA