Victim-Centered Prosecution

1. Victim-Centered Prosecution Annie Murray, JD Sandy Huntzinger, MSW

2. Objectives Understand how to successfully prosecute a case from a victim-centered perspective. Understand the role victim advocates play in the court system and with survivors of domestic violence. Identify ways for prosecutors and advocates to develop a victim-centered partnership when prosecuting domestic violence offenders. Touchstone to courts.Touchstone to courts.

3. Roles Prosecutors have a very defined role in the courts�conviction. Advocates have a very defined role�victim safety How do you meet in the middle?

4. Role of Advocates Advocates Victim safety Educator Interviewer Evidence Collector

5. Shelter-based v. Court-based advocacy What are some of the differences you�ve observed? What barriers does this create when collaborating? Training, outcomes, conviction v. victims desiresTraining, outcomes, conviction v. victims desires

6. Role of Advocate With the Prosecutor: Meet with your prosecutor to discuss what your role is in the court system. Establish expectations for both of you. Understand what information is and should be confidential. Advocates need to know some is not; Prosecutors need to know much of it is and should NOT be given to defense. Amy�s Law Giles Victim Impact Statements SANDY � I HAVE QUESTIONS ABOUT THE CONFIDENTIALITY. I WOULD ADVISE THAT B/C OF GILES AND AMY�S LAW THEY DO PUT OTHER INSTANCESSANDY � I HAVE QUESTIONS ABOUT THE CONFIDENTIALITY. I WOULD ADVISE THAT B/C OF GILES AND AMY�S LAW THEY DO PUT OTHER INSTANCES

7. Know your DV law 101 (why does the victim need to testify? Why can�t we usually bring in other incidents of abuse?) You are not an attorney so do not take on that role. This may preserve your relationship with the victim. Let the prosecutor listen to the defense attorney (this is hard sometimes) � they will often give away their defense

8. Victim Safety Most prosecutors do not want to or do not know how to properly safety plan, so be the expert. Perform danger/lethality assessments with the victim. She may not realize the lethality risks. Make sure the prosecutor understands the danger. Find out what she wants/needs and advocate for it. Educate her about the courts capacity for sentencing and how it might help/hurt her.

9. Victim Safety Do not judge her for the decisions she makes. Be aware of any cultural issues If you have an interpreter, are there safety issues (from the same clan as defendant, for example?) Find out how best to make inroads with the victim/community you are dealing with Don�t mistakenly chalk all issues up to culture (fear is cross-cultural)

10. Educator Learn best practice strategies to help victims of domestic violence and share information with others. Help prosecutor understand the dynamics of DV and barriers to victims appearing in court. Educate the victim about her options so she can determine what will keep her safe. Become an expert in local referral sources to help the victim so she can cooperate in the prosecution.

11. Interviewer Understand trauma and the impact it has on recall/memory. Educate the prosecutor. Expect the victim to recant and determine why that might be happening and how we can help. Listen to what the victim is saying (and not saying) she would like to happen. Often they give us information about barriers to safety, stability, etc. that affect the case.

12. Interviewer cont Ask victim about whether defendant has apologized or sought counseling. This will tell you what kind of batterer you are dealing with (I�m sorry v. I�m sorry but you made me� v. no apology at all) Gather information about other acts of abuse, lethality factors, threats/coercion not to seek help. Amy�s Law (ORC 2915.251) Giles v. California Be realistic with her about the outcome. If case isn�t solid or judge not likely to give probation, tell her those things. It will build trust. Document, document, document!!

13. Evidence Collector Building a strong case to support the victim�s story is the best kind of legal advocacy. Make the prosecutor�s job easier and they will likely value your role. Gather medical records, 911 calls, witness statements, jail calls, etc. When interviewing the victim, ask about other possible witnesses, if calls were made to 911, if they went to the hospital. Sometimes this information is left out of the police report.

14. Evidence Collector cont Knowledge is power What other cases does the defendant have? Is he on probation/parole? What are the conditions? Are there any civil cases pending? Status? Run record checks on defendant (and victim).

15. Role of Prosecutor Prosecutors Keeping victims of domestic violence safe = community safety = DV perpetrators are serial criminals Offender accountability Know best practice strategies for DV prosecutions Victim Safety � Case hypothesis is that the perpetrator has offended before and will likely offend again. What can be done to prevent that from happening?

16. Making the Case Believe the victim Story may not be consistent due to immediate or long-term trauma, believe her anyway. It may be unsafe for her and her children to talk with you. Partner with the advocate to gather evidence Let the advocate know what information you need, timelines, medical records, 911 tapes, witness statements, jail calls, etc. Allow the advocate to do the initial interview and determine what outcome the victim wants. This will determine how you approach your interview with the victim

17. Expect the victim to recant � figure out why she is recanting. Partner with the advocate to make appropriate referrals. You must try to minimize the victim�s concerns so she will feel able to cooperate with the prosecution. Work with advocate to determine if victim must come to each court date or may be on call. On call v. must come Showing up keeps the pressure on the defense and puts a face on the case for the judge Know your judge � will the case be dismissed if victim is on call?

18. Understand the risks for a victim to cooperate Safety Economic sanctions by the batterer Loss of home, job, childcare, insurance The battered woman stigma (especially if she remains with him) Loss of children PTSD Listen to what the victim wants as an outcome She is the one taking a risk, not you. If things go badly this time she may not return the next time she needs help.

19. Customer service is �key� When prosecuting a case, you need to be touchy feely. You need to actually talk with the survivor. She needs to feel like you care about the outcome for her, not for the courts. She needs to understand the process and the reasons for your decisions (even if she may not agree with them) Explain why the case is taking so long (if it is) Redefine success Her safety is more important than a conviction so dropping the case while safety planning may be the best approach. Probation with conditions may be better than jail Get creative -- if Plan A doesn�t work, try Plan B (through Z)

20. Knowledge is power! Know defendant�s (and victim�s) record Know your judge and defense attorney Talk to parole/probation officers, Children�s Services workers Let the defense attorney talk � you will hear the defense Watch your language �The state is asking for� �Dismiss for lack of evidence� NOT �No PW�, AND it is not the kind of case I can make without her� Be careful what you say to and show the defense �PW wants� � this is important. Why?

21. Hold the Batterer Accountable No matter what she chooses to do (leave, go back), remember in the end he committed a crime. Jail is best outcome and is the strongest consequence for a DV offender, especially if he isn�t expecting a strong response from the courts. Close monitoring and supervision � try split sentences. Some jail, probation, and batterers intervention.

22. Hold the Batterer Accountable con�t Refer to appropriate BI programs (know effective facilitators in your community). NEVER recommend anger management. Recommend that any sentencing entry for counseling be worded �general assessment and follow-up as necessary� This allows the probation officers and counselors leeway in what counseling they enforce. This may catch some issues of defendant�s that you were unaware of (esp. mental health).

23. Pitfalls Face it�some folks just aren�t going to get along. Overcome this by pulling in allies they respect or must listen to. Lack of understanding about one another�s roles. Educate one another about the limitations of your position.

24. Pitfalls cont. Taking the victim�s anger personally. Making the case about you instead of the victim.

25. Bridging the Gap Have a conversation about your roles What expectations do you have for one another? How will you handle your differences? You should be moving toward the same goals, so how can that be accomplished? Respectfully give your perspective Disagree in a professional way NEVER disagree in front of a defense attorney

26. Trust one another and put egos aside (We know this is hard). Acknowledge that you both have VERY hard jobs. Share what you know about domestic violence, how the judge rules on DV cases, and other information that allows the victim, prosecutor and advocate to be on the same page.

27. Educate one another. Court process, evidence admissibility, leverage Victim safety issues, trauma, confidentiality Educate local law enforcement and learn their policies and limitations.

28. Build a relationship with other prosecuting agencies in your area to facilitate enhancement of offenses Watch for and work against burn out! Take care of one another! Train, train, train!

29. Remember that in the end, you need to keep your focus on the �perpetrator/offender/batterer/ her partner,� (while keeping victim safety firmly in your sights) with the victim-centered perspective always leading the outcome.

30. Recommended Reading Safety Planning With Battered Women by Jill Davies Any Lundy Bancroft book Why Does He Do That? When Dad Hurts Mom The Batterer As Parent The Verbally Abusive Relationship by Patricia Evans Trauma and Recovery: The Aftermath of Violence--from Domestic Abuse to Political Terror by Judith Herman All of these books are available at Amazon or through the Ohio Domestic Violence Network (ODVN) library

31. Contact us: Sandy Huntzinger Victim Services Coordinator, Ohio Attorney General�s Office 150 E. Gay St., 25th Floor Columbus, OH 43215 (614)466-4797 Sandra.huntzinger@ohioattorneygeneral.gov Annie Murray Director, Domestic Violence & Stalking Unit Columbus City Attorney�s Office 375 S. High St., 17th Floor Columbus OH 43215 (614) 645-0314 ammurray@columbus.gov