1 / 49

Building and Presenting a Domestic Assault Case: Techniques Beyond the Obvious

Discover techniques for investigating and presenting domestic assault cases, including power and control tactics, physical violence, sexual abuse, economic abuse, emotional abuse, and more. This resource explores the importance of context, minimizing behaviors, dual arrest issues, probable cause, victim interviews, crime scene analysis, and documenting evidence.

ladams
Download Presentation

Building and Presenting a Domestic Assault Case: Techniques Beyond the Obvious

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Beyond the Obvious Techniques for Building and Presenting the Domestic Assault Case & Investigating for Power and Control

  2. Physical VIOLENCE Sexual USING INTIMIDATION USING ECONOMIC ABUSE USING EMOTIONAL ABUSE POWER AND CONTROL USING ISOLATION USING MALE PRIVILEGE Physical VIOLENCE Sexual MINIMIZING DENYING AND BLAMING USING CHILDREN USING COERCION AND THREATS

  3. Physical VIOLENCE Sexual USING INTIMIDATION USING ECONOMIC ABUSE USING EMOTIONAL ABUSE POWER AND CONTROL USING ISOLATION USING MALE PRIVILEGE USING CHILDREN Physical VIOLENCE Sexual MINIMIZING DENYING AND BLAMING Stalking, Harassment, Assault, Strangulation Vandalism, Animal Abuse, Destroying Property USING COERCION AND THREATS Theft Fraud Forgery Simple Assault False Imprisonment, Kidnapping, Custodial Interference Sex Assault Kidnapping, Child Neglect & Abuse Filing false reports, Protective Order Violation Wynn Consulting 2007

  4. Context is Everything • The Criminal Justice System is by design and necessity, incident focused • What is the intent of the offender? • What is the meaning of the act to the victim? • What is the effect of the violence on the victim? • What is the context of any given act of violence? • Consider the particulars, how much violence, coercion or intimidation accompanying the violence

  5. Minimizing by the Victim

  6. Minimizing by the Offender

  7. Minimizing by the Officer

  8. Dual Arrest &False Arrest • Dual arrest made without establishing probable cause against both parties can result in the victim being falsely arrested • In some states police officers shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by police • False arrest places the law enforcement officer in civil jeopardy Section Two, Handout #12

  9. ProbableCause - Who is the primary aggressor? Fear Who talks or appears scared? Remember your last use of force report Section Two, Handout #5

  10. ProbableCause Body Language Who displays an aggressive stance? Consider the physical size of the parties.

  11. ProbableCause History of Abuse • Medical records, 911 tapes, police reports, shelter stays and protective orders. Examine the paper trail.

  12. ProbableCause Neighbors & Witnesses

  13. ProbableCause Excited Utterances “a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.”

  14. Questions that foster an accurate victim interview • What did you remember next? • Can you help me understand? • Tell me what you were thinking at that point? • Tell me what you were feeling when he did that? • Can you tell me more about that?

  15. ProbableCause Crime Scene

  16. ProbableCause Injuries

  17. Physical VIOLENCE Sexual USING INTIMIDATION USING ECONOMIC ABUSE USING EMOTIONAL ABUSE POWER AND CONTROL USING ISOLATION USING MALE PRIVILEGE Physical VIOLENCE Sexual MINIMIZING DENYING AND BLAMING USING CHILDREN USING COERCION AND THREATS

  18. Power and Control Tactics • Intimidation…… • Following you from room to room • Aggressive stance • Read the body language – they will read yours Taz

  19. Power and Control Tactics • Isolation…… • Wont let the officer in the residence • Children told to hide or leave the home • “ My wife is in the shower”

  20. Power and Control Tactics • Economic abuse….. •  “ I can’t trust her with the money” • Victim has no knowledge of family money matters • “ I’m the bread winner…..”

  21. Power and Control Tactics • Using Male Privilege….. • “ I wear the pants in my family” • Ownership language about the spouse or children

  22. Power and Control Tactics • Threats….. • “ You are violating my rights.. Do you have a warrant” • “I’ll sue” • “I’ll have your badge” • “I’m the taxpayer”

  23. Power and Control Tactics • Minimizing - Denying - Blaming….. •  “ It’s not that bad.. She bruises easily” • “She/he is crazy” • “It’s all in his/her head” • “Nothing happen” • Not taking responsibility • “ I’m very sorry we bother you officer”

  24. Power and Control Tactics • Using the Children… •  “The kids will agree with me” • Dragging the children into the arrest or court • Sending the children away or into hiding

  25. Victim Reluctance A victim may…. • be afraid that she will be harmed • not have financial resources • still love him • have been threatened he will take the children • want the relationship to work

  26. Victim Reluctance • believe the violence won’t happen again • feel responsible • have religious reasons • believe his threats A victim may….

  27. Defensive Injuries

  28. Why Documenting Is Important Photographs make a huge difference • They tell the story for the prosecutor • They don’t minimize • They don’t recant • Photographs decrease denial • Photographs increase the likelihood of a conviction

  29. Specialized DV Form - Front • Spontaneous Statements • History of DV • Photos • Evidence Impounded • Medical Treatment • Paramedics • Use of drugs/alcohol

  30. Specialized DV Form - Back • Information about Children • Names, ages, statements & demeanor • Body chart • Restraining orders • Victim information • Medical release

  31. Aging Contusions • Fresh: red-blue • 1-3 days: deep black or purple • 3-6 days: green to brown • 6-15 days: green to tan to faded

  32. Aging Contusions • Fresh: red-blue • 1-3 days: deep black or purple • 3-6 days: green to brown • 6-15 days: green to tan to faded

  33. Scratches to the back of the hands, wrists or arms

  34. Scratches to the face or neck

  35. Bite Marks

  36. Bite marks on the chest or neck

  37. Bite marks on the inside of arms (indicates possible strangulation from behind)

  38. Bruising on the arms

  39. Indications of hair being pulled

  40. Injuries to top or back of head

  41. Groin or kicking injuries

  42. Dragging Injuries

  43. Injuries caused by any hard object or weapon (equalizer)

  44. Scratches to back

  45. Eye Injuries (gouging)

  46. Injuries hidden beneath the clothing line

  47. Be aware of injuries that seem minor compared to their own injuries

  48. Remember that basic human survival instinct is based on the premise of “Fight or Flight”

  49. Persons using self defense will often admit to their use of violence but may not know what to call it.

More Related