dealing with victims and the public - iadlest · dealing with victims and the public series, ncja...
TRANSCRIPT
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 1
In st r u ct or
BLET: 13M
TITLE: DEALING WITH VICTIMS AND THE PUBLIC
Lesson Purpose: To provide studen t s with in format ion to effect ively
communica te and in teract with the public in a wide
var iety of situa t ions, foster ing coopera t ion , for more
effect ive resolu t ions.
Tra in ing Object ives: At the end of th is block of inst ruct ion , the studen t will
be able to ach ieve the following object ives in accordance
with in format ion received dur ing the inst ruct iona l
per iod.
1. Advise cr ime vict ims of the correct procedures to
pursue prosecu t ion in misdemeanor , felony, and
civil cases.
2. Expla in in writ ing the step-by-step cour t
procedures to suspects, vict ims, and witnesses.
3. List the eligibility requ irements to receive
assistance from the Vict im ’s Assistance Program
and expla in in writ ing the procedures to con tact
the Vict im ’s Assistance office to request
a ssistance.
4. Ut ilizing the mater ia l provided in class, correct ly
recognize and provide the appropr ia te assistance
to the following groups of individua ls:
a . Aut ist ic
b. Hear ing impa ired/deaf
c. Visua lly impa ired/blind
d. Mobility impa ired
e. E lder persons or persons having
Alzheimer ’s disease
5. Iden t ify and conduct a preliminary invest iga t ion
of a “Suspected Hate Cr ime” by u t ilizing the
eigh t cr iter ia lea rned in class.
6. Demonst ra te, with pract ica l exercises, the
appropr ia te methods of communica t ing with
suspects, defendan ts, vict ims, and/or their
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 2
In st r u ct or
families to provide and/or obta in necessa ry
in format ion .
Hours: Ten (10)
Inst ruct iona l Method: Lecture/Conference/Pract ica l Exercise/Skill P ract ice
Required Equipment and
Tra in ing Aids: Audio-visua l classroom equipment
Video recording equ ipment
Videos:
1. Dealing With Victim s and the Public
S eries, NCJ A (1998)
2. Autism Awareness Video for Law
Enforcem ent and Com m unity S ervice
Personnel, Harr isburg Chapter of Aut ism
Society of America and Pennsylvan ia
Developmenta l Disabilit ies Council (1998)
References: Adler , Rona ld B. and George Rodman. Understand ing
Hum an Com m unication . New York: Harcour t Brace
College Publishers, 1994.
Bledsoe, Bryan E .; Rober t S. Por ter ; and Bruce R. Shade.
Brady Param edic Em ergency Care Second Ed.
Englewood Cliffs, NJ : P ren t ice Ha ll Career &
Technology, 1994.
Cox, Steven M. and J ack F itzgera ld. Police in
Com m unity Relations. Ch icago: Brown & Benchmark,
1996.
ADealing With Vict ims and the Public.@ Basic Law
Enforcem ent Train ing. Sa lemburg, NC: NC J ust ice
Academy, 1993.
Debbaudt , Dennis. Autism , Advocates, and Law
Enforcem ent Professionals: Recognizing and Reducing
R isk S ituations for People with Autism S pectrum
Disorders. London: J essica Kingsley Publishers, Ltd.,
2002.
Hennessy, Stephen M. Think ing Cop Feeling Cop .
Scot tsda le: Leadersh ip, Inc., 1995.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 3
In st r u ct or
McConnell, J ames V. Understand ing Hum an Behavior
8th Ed. For t Worth , TX: Harcour t Brace College
Publishers, 1994.
Minnick, Lynn J et t . The Victim Goes To Court, A Victim
Guide. Fayet teville, NC: People Assist ing Vict ims,
1990.
N orth Carolina Manual 2003-2004. Ra leigh : Secreta ry
of Sta te=s Office.
APatrol Techniques.@ Basic Law Enforcem ent Train ing.
Sa lemburg, NC: NC J ust ice Academy, 1994.
Snyder , E . Lorra ine. Hate Crim e Reporting: Patrol
Response. Sa lemburg, NC: NC J ust ice Academy, 1992.
Snyder , E . Lorra ine. Hate Crim e Reporting:
Verification . Sa lemburg, NC: NC J ust ice Academy,
1992.
ASpecia l Popula t ions.@ Basic Law Enforcem ent
Train ing. Sa lemburg, NC: NC J ust ice Academy, 1993.
Trojanowicz, Rober t and Bonnie Bucqueroux.
Com m unity Policing. Cincinna t i: Anderson Publish ing
Co., 1990.
P repared By: Lorra ine Snyder Ga lloway
Inst ructor /Coordina tor
NC J ust ice Academy
J ona than Babb
Assistan t At torney Genera l
NC Depar tment of J ust ice
Major Wrenn J ohnson
Morehead City Police Depar tment
Lt . Henr iet ta “Hank” Lane
Ca ldwell County Sher iff’s Office
Lewis Ledford
Dist r ict Super in tenden t
NC Sta te Parks and Recrea t ion
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 4
In st r u ct or
Eric Sla t t
Community Police Coordina tor
Wadesboro Police Depar tment
Da te Prepared: August 1997
Reviewed By: Ka thy Moore
Agency Lega l Specia list
Nor th Carolina J ust ice Academy
Da te Reviewed: December 1998
November 2000
Revised By: J on Blum
Inst ructor /Coordina tor
Nor th Carolina J ust ice Academy
Da te Revised: March 1999
Revised By: Ka thy Moore
Agency Lega l Specia list
Nor th Carolina J ust ice Academy
Da te Revised: J u ly 1999
J anuary 2000
Revised By: J on Blum
Kathy Moore
Da te Revised: November 2000
November 2001
Revised By: Ed Zigmund
Agency Lega l Specia list
Nor th Carolina J ust ice Academy
Da te Revised: February 2003
Revised By: Peggy Schaefer
Tra in ing Manager
Nor th Carolina J ust ice Academy
Da te Revised: Apr il 2004
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 5
In st r u ct or
Revised By: Marsha Davis J ones
Execu t ive Director
Aut ism Founda t ion of Nor th Carolina
Rober t B. Yow
BLET Curr icu lum Coordina tor
Nor th Carolina J ust ice Academy
Da te Revised: J anuary 2005
J u ly 2005
Revised By: Tom Dit t , Gin ger J ones, and Lawrence Shockey
NC Division of Services for the Deaf and Hard of
Hear ing
Grey Powell
Governor ’s Advocacy Council for Persons with
Disabilit ies
Lucy Zast row
Durham County Sher iff’s Office
Da te Revised: J anuary 2007
Revised By: Rober t B. Yow
BLET Curr icu lum Coordina tor
Nor th Carolina J ust ice Academy
Da te Revised: J u ly 2007
J anuary 2008
J u ly 2009
J anuary 2010
Revised By: BLET Revision Commit tee
Da te Revised: J u ly 2011
Revised By: J enn ifer H. B. F isher , M.S.
BLET Curr icu lum Coordina tor
Nor th Carolina J ust ice Academy
Da te Revised: J u ly 2012
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 6
In st r u ct or
TITLE: DEALING WITH VICTIMS AND THE PUBLIC - INSTRUCTOR NOTES
1. The inst ructor who teaches th is block of inst ruct ion should have a thorough
working knowledge of the BLET inst ruct iona l blocks, Eth ics for Professional
Law Enforcem ent and Com m unication S k ills for Law Enforcem ent Officers .
These blocks complement each other rega rding how law enforcement officers
presen t themselves to the public in va r ious circumstances.
2. It is h igh ly recommended tha t the inst ructor have law enforcement field
exper ience in teract ing with cit izens with disabilit ies.
3. The inst ructor must a lso be familia r with Chapter 15B of the Genera l
Sta tu tes which expla ins laws regarding vict ims ’ compensa t ion .
4. Inst ructors shou ld consu lt the loca l chapters for services of
- coa lit ion for ba t tered women
- rape cr isis in terven t ion
- vict im assistance coordina tors
- ma le ba t terer ’s change organ iza t ion
- pa ren t advoca tes of ch ildren with au t ism
for assistance, or adding to th is block of inst ruct ion for guest speakers. In
pa r t icu la r , a ssistance in enhancing the mater ia l on au t ism can be obta ined by
con tact ing Betsy Thompson , Director of Advocacy Services, Aut ism Society of
Nor th Carolina , 1-800-442-2762. The BLET Revision Commit tee st rongly
encourages the use of th is resource as well a s the use of the video, Autism
Awareness Video for Law Enforcem ent and Com m unity S ervice Personnel.
Th is video has been made ava ilable a t no cost to a ll BLET delivery sites
cour tesy of the Aut ism Founda t ion of Nor th Carolina and the Aut ism Society
of Nor th Carolina .
5. P ract ica l Exercise Inst ruct ions, “Vict im Communica t ion Roleplays”
a ) Purpose of exercise
In th is segment , the inst ructor shou ld indica te th is exercise provides
pract ice for the following object ive:
Demonst ra te, with pract ica l exercises, the appropr ia te methods of
communica t ing with suspects, defendan ts, vict im s, and/or their
families to provide and/or obta in necessa ry in format ion . It shou ld be
emphasized tha t communica t ions includes body language and not just
words. A sign ifican t element of any form of communica t ion by law
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 7
In st r u ct or
enforcement personnel must include the body language and demeanor
to encourage being approachable by anyone.
b) Condit ions of exercise
(1) The exercise will take place a fter inst ruct ion is complete.
(2) The exercise will take approximately 30 minu tes.
(3) The exercise will take place in th e classroom. The inst ructor
may have to rea rrange tables and cha irs for adequa te
accommodat ion of the skill pract ice.
(4) The whole class (approximately 20 studen ts) shou ld be able to
pa r t icipa te in a two-minute skill pract ice. The inst ructor
shou ld a llow par t icipan ts to roleplay/skill pract ice as many of
the situa t ions as t ime permits. (A list of situa t ions is provided
in the “What Are the Best and Most Appropr ia te Methods of
Communica t ion With the Public” sect ion of inst ruct ion in th is
ou t line.)
(5) In order to provide adequa te feedback to the studen t , it is
st rongly recommended tha t role play exercises be videotaped.
Studen ts shou ld be a llowed the oppor tun ity to view the tape
and assess their performance. The tape should provide an
excellen t teach ing tool. If video equ ipment is not ava ilable, the
inst ructor may designa te studen ts to take notes to be used in
the assessment of the exercise.
(6) The inst ructor shou ld be looking for effect ive communica t ion
indica tors such as ra te of speech , voice t one, dict ion , etc.;
nonverba l indica tors shou ld a lso be noted (postu re, eye con tact ,
gestu res, touch ing, etc.). A presence of, or a notable lack of
good communica t ions skills shou ld be brought to the studen t ’s
a t ten t ion . Remind the studen ts tha t officers with good
communica t ion skills a re perceived to be professiona l by those
with whom they a re communica t ing.
c) Procedures for conduct ing the exercise
(1) The inst ructor can make up the facts for each situa t ion .
(2) Each roleplay/skill pract ice will take approximately two
minutes.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 8
In st r u ct or
(3) As t ime a llows, each studen t shou ld pa r t icipa te in a t least one
of the following role play exercises (th is list is not meant to be
a ll inclusive and the inst ructor shou ld add to the list scenar ios
deemed appropr ia te for the exercise):
(a ) Rape vict im - in it ia l response.
(b) Expla in ing to rape vict im the invest iga t ive process.
(c) “Man with a gun” - two suspects presen t .
(d) Neighborhood dispu te - two neighbors presen t .
(e) Ta lking to pa ren ts of missing ch ild - a t tempt ing to ca lm
them down.
(f) In terviewing two (2) witnesses of a cr ime (with
conflict ing stor ies).
(g) In terviewing suspects involved in a domest ic dispu te.
(h ) In terviewing suspects involved in a burgla ry - following
a foot chase.
(i) Discuss with pa ren ts the a lterna t ives for a ch ild using
drugs.
(j) In form a mother tha t her ch ild has been a r rested for a
ser ious cr ime.
(k) Expla in the invest iga t ive process to the pa ren ts of a
molested ch ild.
(l) In terviewing subjects involved in a minor t ra ffic
acciden t (both ira te).
(m) In terviewing a La t ino male tha t has been assau lted
because of h is ethn icity.
d) Eva lua t ion
Inst ructors will cr it ique the studen t=s performance a fter each scenar io
and provide appropr ia te feedback.
6. To promote and facilita te la w enforcement professiona lism, th ree (3) eth ica l
dilemmas a re listed below for classroom discussion . At their discret ion ,
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 9
In st r u ct or
inst ructors must provide studen ts with each eth ica l dilemma listed below.
Somet ime dur ing the lectu re inst ructors shou ld Aset the st age@ for the
dilemma pr ior to taking a break. Inst ructors a re encouraged to develop
addit iona l dilemmas as needed.
a ) Upon a r r iving a t the scene of a rape ca ll, you observe a female (dressed
very scan t ily) being in terviewed by another officer . As you a pproach ,
you overhear your pa r tner say, AIf you didn=t dress like th is, th is
probably wouldn=t have happened to you .@ What will you do?
b) Subsequent to the in terview of a rape vict im, which revea led some
very in t imate in format ion about her sex life and deta ils of the rape,
your pa r tner begins to make jokes and divu lge in format ion about the
persona l life of the vict im to other officers. What will you do?
c) You a re assigned to foot pa t rol. While on pa t rol you observe another
officer cursing a homeless person and telling h im to get a job. What
will you do?
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 10
In st r u ct or
TITLE: DEALING WITH VICTIMS AND THE PUBLIC
I. In t roduct ion
NOTE: Show s lide , “De aling With Vic tim s and the P ublic .”
A. Opening Sta tement
Perhaps the pr imary qua lity needed for a good law enfor cement officer
is the ability to in teract effect ively with people. The ou tstanding
officer must be able to communica te effect ively with a ll cit izens and
use au thor ity appropr ia tely. The business of law enforcement is to
in teract with people having no issues as well a s in teract with people in
t rouble, people who a re in ju red, people who have been vict imized, and
most commonly, people who a re in some type of cr isis situa t ion . All of
these groups together make up our genera l popula t ion . Many have a
cu ltu ra lly differen t background or a re disabled. Each of these people
form opin ions concern ing the officer , the depar tment the officer
represen ts, and the law enforcement profession based on these
con tacts. Effect ively handling these encounters means each officer
must develop the ability to adapt or a lter the way he or she handles
people from one encounter to another .1
J ust a s impor tan t to the professiona l law enforcement officer is a
working knowledge of psychology. Although the officer cannot make a
clin ica l a ssessment of an individua l with whom the officer has con tact ,
every officer must have the knowledge to iden t ify, eva lua te, and
con trol efficien t ly and sa fely a person requ ir ing specia l considera t ion .2
Although th is lesson plan discusses and teaches in teract ion with
diverse cit izens with in our genera l popula t ion , officers shou ld apply
professiona l, approachable communica t ion skills with everyone. In the
United Sta tes there a re approximately 36 million persons with
disabilit ies. Est imates indica te tha t up to 15% of a ll Nor th Carolina
residen ts a re disabled. Based on the 1990 Census, th is percen tage
would project 995,000 persons with disabilit ies in Nor th Carolina (i.e.,
dea f, ha rd of hear ing, visua lly impa ired, etc. (Th is est imate includes
both the menta lly and physica lly disabled.)3
La ter in th is block of inst ruct ion , we will discuss the Apublic@ a t
length --vict ims, persons with differen t types of disabilit ies, and the
populous as a whole.
B. Tra in ing Object ives
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 11
In st r u ct or
NOTE: Show s lide , ARe vie w Train ing Obje ct ive s .@
As you can see from the object ives, Acommon cour tesy@ is not enough .
To be a rea lly ou tstanding officer requ ires an Auncommon@ ability to
dea l with a wide var iety of difficu lt situa t ions frequen t ly under t rying
condit ions. Dea ling effect ively wit h people requ ires knowledge, good
communica t ion skills, and professiona l a t t itudes.4
C. Reasons5
Dur ing th is class per iod, we will lea rn some typica l cr isis react ions of
cr ime vict ims immedia tely a fter the cr ime; those needs of the cr ime
vict ims which a re relevan t to the officer=s t rea tment of the vict im; and
effect ive techn iques for the officer in dea ling with the vict im in cr isis,
both on the scene and/or dur ing the invest iga t ion . We sha ll a lso lea rn
the advan tages to be der ived from the use of these t echn iques.
Being a law enforcement officer means being a public servan t .
P roviding services to the public comes in many differen t forms, and
does not mean just a r rest ing people. As officers, we encounter many
differen t types of people in many differen t situa t ions. In order to
effect ively dea l with cit izens and vict ims, officers must lea rn to adapt
themselves to respond appropr ia tely to these va r ious encounters. It is
the responsibility of officers to stay educa ted about the public they
serve.
A clea r understanding of the na ture of the job to be done and
fundamenta l a t t itudes and skills for dea ling effect ively with people
can :
NOTE: Show s lide , “Re asons .”
1. Increase confidence in law enforcement .
2. Increase coopera t ion with law enforcement .
a ) In format ion
b) Direct a ssistance
c) Indirect a ssistance (budget , sa la r ies, etc.)
3. Min imize compla in ts/civil su it s.
4. P rotect officers.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 12
In st r u ct or
a) Physica lly
b) Menta lly
5. Enhance the sta tus of the Aprofession .@
NOTE: Discuss w ith s tude nts how e ach office r ’s le ve l o f
profe ss ionalism im pacts the pe rce ptions o f c it ize ns on an indiv idual
bas is as w e ll as on a national sca le .
II. Body
A. What Is a Vict im?6
NOTE: Show s lide , “What Is a Vic tim .”
A vict im may be defined as an individua l who suffers physica l,
financia l, or emot iona l ha rm as the resu lt of the commission of a cr ime.
Th is a lso includes family members, close fr iends, and neighbors of a
direct vict im.
Vict ims feel a loss of con trol, of t rust and va lues, a long with a st rong
sense of isola t ion and loneliness. Genera lly, the more invasive the
cr imina l viola t ion is, the more in tense the vict im=s feelings a re.
The impact of a cr ime makes some vict ims feel a s though they a re in
shock. Shock is manifested in a va r iety of ways. Some vict ims become
numb and disor ien ted. Unable to absorb the impact of the cr ime, they
may seem dazed and ca rry on au tomat ica lly. Feeling tota lly helpless,
a vict im may look to others for reassurance and direct ion . A vict im
may regress to feelings of ch ildhood and look to th e officer a s a pa ren t
figure to Amake th ings r igh t .@ Others may be immobilized and appear
to be frozen in their t racks.
Disbelief and den ia l a re common react ions. Others may react with
gu ilt and self blame, or with anger , tea rs, or hyster ia . All of the se
react ions a re normal.
A vict im=s anger toward the offender is somet imes overwhelming. Not
having a means to ven t their anger , a vict im may tu rn it on the officer
who is t rying to help. Although a na tu ra l react ion is to retu rn anger
with anger , officers shou ld not react , and let the vict im ven t . It is
hea lth ier for the vict im and may actua lly help in the hea ling process.
A helpfu l response by the officer is to acknowledge the anger withou t
taking it persona lly. A good response cou ld be, AYou have a r igh t to be
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 13
In st r u ct or
angry, I would be angry too.@ Th is a llows the vict im to blow off steam
and keeps the con tact with the vict im product ive.
Officers must rea lize tha t the emot ions endured by the vict im defy
defin it ion . As the body of a th ird-degree burn vict im is wracked with
physica l pa in , so some vict ims of cr ime a re wracked with emot iona l
pa in .
B. How Does a Vict im Pursue Prosecu t ion?
J ust a s there a re differen t types of cr imes, there a re differen t means of
pursu ing prosecu t ion of these cr imes. The average vict im of cr ime is
unaware of opt ions and will be looking to you , the law enforcement
officer , for not on ly consola t ion , a s ment ioned above, bu t a lso for advice
in reference to Awhat can I do now?@
NOTE: Show s lide , “P rose cution?”
1. Misdemeanor cr imes
Depending upon the type of cr ime, the vict im may have to visit
the loca l magist ra te to swear ou t a warran t for misdemeanor
cr imes tha t he or she witnessed.
For misdemeanor cases to which law enforcement detect ives or
officers a re assigned, when an a r rest is made in the case, the
warran t is typica lly taken ou t by the officers. Vict ims must be
encouraged to coopera te th roughout the process.
2. Felon ies
Felony cases a re usua lly invest iga ted by law enforcement
before warran ts a re issued, un less the felon y occurred in the
officer=s presence. After invest iga t ion , the officer requests the
warran t from the magist ra te or obta ins a bill of indictment
th rough the dist r ict a t torney=s office. Vict ims can st ill request
warran ts, however , and can discuss the mat ter with the law
enforcement agency and magist ra te.
3. Civil situa t ions
For civil remedies in cour t , the vict im may con tact h is/her own
pr iva te a t torney for advice, for filing the necessa ry documents
to get the case in to cour t , and for represen ta t ion of th e vict im=s
in terest in the cour t room. For remedies th rough small cla ims
cour t (Magist ra te’s Cour t ) or for domest ic violence orders, a
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 14
In st r u ct or
vict im should con tact the clerk of cour t of the ju r isdict ion in
which the problem occurred. There may be a fee for filin g and
service of these papers.
C. The Cour t System in Nor th Carolina7
NOTE: Show s lide , “North Carolina Court Sys te m .”
The legisla tu re inst itu ted a reorgan iza t ion of the Nor th Carolina cour t
system in the la te 1960’s. P r ior to tha t , the cour t system h ad levels
ranging from many differen t loca l cour ts to the N.C. Supreme Cour t .
Concerned cit izens, the Governor and the Nor th Carolina Bar
Associa t ion u rged th is move to br ing un iformity to the cour t system.
In 1965, the Admin ist ra t ive Office of the Cour t s was formed and by
1967 the cour t system we presen t ly know was pu t in to place.
1. The Supreme Cour t of Nor th Carolina
The Supreme Cour t has no ju ry, and it makes no
determina t ions of fact ; ra ther , it considers er ror in lega l
procedures or in judicia l in terpreta t ion of the law and hears
ora l a rguments on the writ ten record of cases previously t r ied
by the super ior cour ts, dist r ict cour ts, Cour t of Appea ls, and
cer ta in admin ist ra t ive agencies and commissions.
The on ly or igina l case ju r isdict ion exercised by the Supreme
Cour t is in the censure and remova l of judges upon the non -
binding recommenda t ions of the J udicia l Standards
Commission . Appea ls from the Cour t of Appea ls to the
Supreme Cour t a re by r igh t in cases involving const itu t iona l
quest ions, and ca ses in which there has been dissen t in the
Cour t of Appea ls. In it s discret ion , the Supreme Cour t may
review Cour t of Appea ls decisions in cases of sign ifican t public
in terest or cases involving lega l pr inciples of major sign ificance.
As a mat ter of r igh t , appea ls from Super ior Cour t go direct ly to
the Supreme Cour t in first degree murder cases in which the
defendan t has been sen tenced to dea th or life impr isonment ,
and in Ut ilit ies Commission genera l ra te cases. In a ll other
cases, appea l a s of r igh t is to the Cour t of Appea ls. In it s
discret ion , the Supreme Cour t may hear appea ls direct ly from
the t r ia l cour ts in cases of sign ifican t public in terest , cases
involving lega l pr inciples of major sign ificance, where delay
would cause substan t ia l ha rm, or wh en the Cour t of Appea ls
docket is unusua lly fu ll.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 15
In st r u ct or
2. The Nor th Carolina Cour t of Appea ls
The bu lk of the caseload of the Cour t of Appea ls consists of
cases appea led from the t r ia l cour ts. The Cour t a lso hears
appea ls direct ly from cer ta in admin ist ra t ive agency decisions.
The Cour t sit s in panels of th ree judges, thus a llowing
a rguments in separa te cases to be heard a t the same t ime. The
Cour t sit s pr imar ily in Ra leigh , bu t a s need is demonst ra ted
and facilit ies become ava ilable, it may be au thor ized by the
Supreme Cour t to sit in other places th roughout the sta te.
3. The Super ior Cour t
Nor th Carolina=s super ior cour ts a re the genera l ju r isdict ion
t r ia l cour ts for the sta te. Or igina l ju r isdict ion of the super ior
cour t includes a ll felony cases. Most misdemeanors a re t r ied
first by a dist r ict cour t judge, from which convict ion may be
appea led to the super ior cour t for t r ia l de novo by a ju ry. The
super ior cour t is the proper cour t for the t r ia l of civil cases
where the amount in con troversy exceeds $10,000, and it has
ju r isdict ion over appea ls from cer ta in admin ist ra t ive agencies.
Regardless of the amount in con troversy, the or igina l civil
ju r isdict ion of the super ior cour t does not include domest ic
rela t ions cases, or proba te and esta tes mat ters and cer ta in
specia l proceedings tha t a re heard first by the clerk of super ior
cour t .
The 100 count ies a re grouped in to super ior cour t dist r icts.
Each dist r ict has a t least one sen ior residen t super ior cour t
judge who has cer ta in admin ist ra t ive responsibilit ies for h is or
her home dist r ict .
The vast major ity of count ies requ ire more than the
const itu t iona l min imum of two weeks of super ior cour t
annua lly, and some la rger count ies have super ior cour t sessions
about every week in the year .
4. The Dist r ict Cour t
The reorgan iza t ion of the 1960’s provided for the establishment
of a un iform system of dist r ict cour ts th roughout the sta te. The
Clerk of Super ior Cour t is requ ired to main ta in a system of
consolida ted records of both the super ior cour t and the dist r ict
cour t .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 16
In st r u ct or
The dist r ict cour t has exclusive or igina l ju r isdict ion of vir tua lly
a ll misdemeanors and in fract ions (non -cr imina l viola t ions of
the law not pun ishable by impr isonment), probable cause
hear ings in felony cases, a ll juven ile proceedings, involun ta r y
commitments and recommitments to menta l hea lth hospita ls,
and domest ic rela t ions cases. It has exclusive ju r isdict ion of
civil cases where the amount in con troversy is $10,000 or less.
J u ry t r ia l is provided upon demand, in civil cases. An appea l in
a civil case is to the Cour t of Appea ls on quest ions of law on ly.
No ju ry is au thor ized in cr imina l cases. An appea l in cr imina l
cases is to super ior cour t , where a ju ry hears evidence and
decides the facts of the case.
5. Magist ra tes
With the establish ment of the dist r ict cour ts in the count ies,
the office of just ice of the peace was abolished and replaced by
the newly fash ioned posit ion of magist ra te. Magist ra tes
funct ion with in the dist r ict cour t a s subordina te judicia l
officia ls. Magist ra tes opera t e with less au thor ity and discret ion
than old just ices of the peace, and with more supervision , bu t
have extensive au thor it ies with in the dist r ict cour t division .
They a re empowered to t ry cer ta in misdemeanor wor th less
check cases and civil su it s designa t ed as small cla ims cases, to
accept wr it ten appearances, wa ivers of t r ia l, and pleas of gu ilty
or admissions of responsibility in cer ta in misdemeanor and
in fract ion cases, to conduct in it ia l appearances, gran t ba il
before t r ia l in noncapita l cases, and issue a r rest and sea rch
warran ts. Cer ta in magist ra tes may a lso appoin t counsel for
defendan ts.
6. Dist r ict At torneys
Nor th Carolina is divided in to prosecu tor ia l dist r icts, each
having a dist r ict a t torney who is elected for a four -year term.
The dist r ict a t torney represen ts the sta te in a ll cr imina l act ions
brought in the super ior and dist r ict cour ts in the dist r ict , and is
responsible for ensur ing tha t in fract ion cases a re prosecu ted
efficien t ly. In addit ion to prosecu tor ia l funct ions, the dist r ict
a t torney is responsible for ca lendar ing cr imina l cases for t r ia l.
7. Clerks of Super ior Cour t
The clerk of super ior cour t has ju r isdict ion to hear and decide
specia l proceedings (such as adopt ions, condemnat ions,
pa r t it ions, and foreclosures), is ex officio ju dge of proba te, and
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 17
In st r u ct or
performs record-keeping and admin ist ra t ive funct ions for both
the super ior and dist r ict cour ts of the county.
8. County funct ions
Each county has the du ty to adequa tely fu rn ish and main ta in a
cour thouse with a t least one cour t room and rela ted facilit ies.
In cer ta in municipa lit ies where the Genera l Assembly has
au thor ized addit iona l sea ts of dist r ict cour t , the cour t facilit ies
a re provided by the municipa lit ies.
The sher iff of each county, one of the sher iff=s depu t ies,
another law enforcement officer or a civilian appoin ted by a
sher iff performs the du t ies of ba iliff. The ba iliff opens and
closes cour ts, ca r r ies ou t direct ions of the judge in main ta in ing
order , takes ca re of ju rors when they a re delibera t ing on a case,
and otherwise assists the judge. The five main du t ies of a
ba iliff a re cour t cr ier , secur ity, ju rors, witnesses, and pr isoners.
A cour t recorder is requ ired to record the proceedings in most of
the cases t r ied in the Super ior Cour t . J u rors a re drawn for
each term of cour t .
9. The order of even ts leading to and following th rough cr imina l
cour t
a ) Fa ir t rea tment for vict ims and witnesses
Under 15A-824 and 825, the legisla tu re has encouraged
the employees of law enforcement , prosecu t ion offices
and the judicia l depar t ment to make a reasonable effor t
to assure tha t each vict im and witness with in their
ju r isdict ion :
(1) Is provided with in format ion about immedia te
medica l a ssistance and is not deta ined for an
unreasonable length of t ime before the
admin ist ra t ion of assistance.
(2) Is provided in format ion about ava ilable
protect ion from harm and th rea ts of ha rm
because of their coopera t ion with law
enforcement and receives such protect ion .
(3) Is provided in format ion tha t test imony about the
address of the vict im or wit ness may not be
relevan t .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 18
In st r u ct or
(4) Has stolen or persona l proper ty retu rned by law
enforcement as soon as possible if not needed for
invest iga t ion or evidence.
(5) Is provided with employee in tercession services
to seek the employer ’s coopera t ion with the
cr imina l just ice system so as to min imize loss of
pay and benefit s.
(6) Is provided (when pract ica l) with a secure
wa it ing a rea dur ing cour t proceeding to preven t
close con tact with the defendan t or h is family and
fr iends.
(7) Is in formed of the procedures to apply for and
receive witness fees (if any) and/or vict im
compensa t ion .
(8) Is in formed of the r igh t to be presen t for en t ire
t r ia l (un less witness is sequestered).
(9) Is given oppor tun ity to be presen t a t fina l
disposit ion of case or is in formed of fina l
disposit ion .
(10) Is not ified of change of cour t da te or
postponement .
(11) Is provided with a vict im impact sta tement to
prepare for considera t ion by the cour t .
(12) Is provided with in format ion about plea
ba rga in ing.
(13) Is in formed of the ava ilability of civil remedies
and tha t a sta tu te of limita t ions may apply.
(14) Upon writ ten request , the vict im is not ified
before a custody release hear ing if it is a class G
or more ser ious felony.
(15) Upon vict im=s wr it ten request , is not ified if the
offender escapes, is released from custody, or if
the cr ime for which the offender was placed in
custody is a Class G or more ser ious felony.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 19
In st r u ct or
(16) Has family members of a homicide vict im offered
a ll the guaran tees in the sect ion except sect ion
(1).
“Crime” under th is sect ion means a ser ious
misdemeanor (a t sole discret ion of dist r ict a t torney), any
felony or any act commit ted by a juven ile which would
be a felony if commit ted by an adu lt .
“Family member” means a spouse, ch ild, pa ren t or lega l
guardian , or closest living rela t ive.
“Vict im” means a person aga inst whom there is probable
cause to believe a cr ime has been commit ted. Although
not defined by the sta tue, there may be per iphera l
vict ims, meaning people who view themselves as being
impacted by the cr ime. Although not eligible for vict im
assistance under the sta tu te, they may need to be
refer red to counseling of other resources ava ilable to
assist them in coping with their level of involvement .
“Witness” means a person who has been or is expected to
be summoned to test ify for the prosecu t ion in a cr imina l
act ion concern ing a felony or is subject to being ca lled or
is likely to be ca lled.
b) Manda tory du t ies
NOTE: Show s lide , AMandatory Dutie s for
LEO=s .@
As soon as pract icable bu t with in 72 hou rs a fter
iden t ifying a vict im covered under G.S. 15A-830, the
invest iga t ing law enforcement agency must provide the
vict im with the following:
(1) Ava ilability of medica l service
(2) Ava ilability of cr ime vict ims’ compensa t ion funds
as well a s address an d telephone of tha t agency
(3) Address and telephone of dist r ict a t torney’s office
(4) Name and number of invest iga t ing law
enforcement agency employee tha t vict im may
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 20
In st r u ct or
contact if no not ifica t ion of a r rest has been given
to vict im with in six months
(5) In format ion of accused’s oppor tun ity for pret r ia l
release
(6) Name and telephone number of invest iga tory law
enforcement agency employee whom vict im may
con tact to find ou t if accused has been released
from custody.
c) Invest iga t ing cr imes
Cr imes a re invest iga ted by the appropr ia te law
enforcement officer /agency. Some agencies have officers
designa ted as invest iga tors, while other agencies add
the invest iga t ive funct ion to previously assigned du t ies.
Other agencies have specia lly designa ted invest iga t ive
un its.
The services of the Sta te Bureau of Invest iga t ion (S.B.I.)
a re ava ilable to a ll law enforcement agencies upon
request of the sher iff or ch ief of police. Genera lly the
dist r ict a t torney is involved in such a request .
d) Arrest by law enforcement officer (G.S. 15A-401)
NOTE: Show s lide , AArre sts .@
G.S. 15A-401 (Arrest by law enforcement officer ) reads
as follows:
(1) Arrest by officer pursuan t to a warran t .
(a ) Warran t in possession of officer -- An
officer having a warran t for a r rest in h is
possession may a r rest the person named
or descr ibed therein a t any t ime and a t
any place with in the officer=s ter r itor ia l
ju r isdict ion .
(b) Warran t not in possession of officer -- An
officer who has knowledge tha t a warran t
for a r rest has been issued and has not
been execu ted, bu t who does not have the
warran t in h is possession , may a r rest the
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 21
In st r u ct or
person named therein a t any t ime. The
officer must in form the person a r rested
tha t the warran t has been issued and
serve the warran t upon h im as soon as
possible. Th is subdivision applies even
though the a r rest process has been
retu rned to the clerk under G.S. 15A-301.
(2) Arrest by officer withou t a warran t .
(a ) Offense in presence of officer -- An officer
may a r rest withou t a warran t any person
who the officer h as probable cause to
believe has commit ted a cr imina l offense
in the officer=s presence.
(b) Offense ou t of presence of officer -- An
officer may a r rest withou t a warran t any
person who the officer has probable cause
to believe:
i) Has commit ted a felony; or
ii) Has commit ted a misdemeanor ,
and:
• Will not be apprehended
un less immedia tely
a r rested, or
• May cause physica l in ju ry
to h imself or others, or
damage to proper ty un less
immedia tely a r rested; or
iii) Has commit ted a misdemeanor
under G.S. 14-72.1.
(c) Subdivisions (a ) and (b) sha ll apply to
a r rest for a ssau lt , for communica t ing a
th rea t , a ssau lt by poin t ing a gun , or for
domest ic cr imina l t respass, a lready
commit ted or being commit ted by an
individua l who fa lls with in one of the six
ca tegor ies of persona l rela t ionsh ips as
defined under 50B-1.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 22
In st r u ct or
(3) Arrest procedures
(a ) An a r rest is complete when:
i) The person submits to the con trol
of the a r rest ing officer who has
indica ted h is/her in ten t ion to
a r rest , or
ii) The a r rest ing officer , with in ten t to
make an a r rest , takes a person in to
custody by the use of physica l
force.
(b) Upon making an a r rest , a law
enforcement officer must :
i) Iden t ify h imself/herself a s a law
enforcement officer un less h is
iden t ity is otherwise apparen t ,
ii) In form the a r rested person tha t he
is under a r rest , and
iii) As prompt ly as is reasonable under
the circumstances, in form the
a r rested person of the cause of the
a r rest , un less the cause appears to
be eviden t .
e) The r igh t to a ba il hea r ing
A person who is a r rested has the r igh t to a ba il hea r ing
before the t r ia l. The judicia l officia l can set other
condit ions for release in addit ion to ba il.
(1) “Upon a determina t ion by the judicia l officia l
tha t the immedia te release of the defendan t will
pose a danger of in ju ry to the a lleged vict im or to
any other person or is likely to resu lt in
in t imida t ion of the a lleged vict im and upon a
determina t ion tha t the execu t ion of an
appearance bond as requ ired by G.S. 15A-534
will not reasonably assure tha t such in ju ry or
in t imida t ion will not occur , a judicia l officia l may
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 23
In st r u ct or
reta in the defendan t in custody for a reasonable
per iod of t ime while determin ing the condit ions
of pret r ia l release.
(2) A judicia l officia l may impose the following
condit ions on pret r ia l release:
(a ) Tha t the defendan t stay away from the
home, school, business or place of
employment of the a lleged vict im;
(b) Tha t the defendan t refra in from
assau lt ing, bea t ing, molest ing, or
wounding the a lleged vict im;
(c) Tha t the defendan t refra in from removing,
damaging or in ju r ing specifica lly
iden t ified proper ty;
(d) Tha t the defendan t may visit h is or her
ch ild or ch ildren a t t imes and places
provided by the terms of any exist ing
order en tered by a judge.
The condit ions set for th above may be imposed in
addit ion to requ ir ing tha t the defendan t execu te a
secured appearance bond.” G.S. 15A-534.1 Cr imes of
domest ic violence; ba il and pret r ia l release.
NOTE: Re m ind the s tude nts that ba il is u se d on ly
for narrow purpose s de fine d by law and not as
im prisonm e nt for pa s t crim e s or pun ishm e nt for a
de fe ndant w ho has be e n d ifficu lt to arre s t .
f) In it ia l appearance before a magist ra te
The accused is taken before a magist ra te who decides
whether bond is to be set and if appropr ia te, the type
and amount of bond. The magis t ra te a lso sets a fir st
appearance da te for the defendan t to appear before a
dist r ict cour t judge for felony offenses. For
misdemeanor offenses, the magist ra te sets the cour t
da te. Cer ta in magist ra tes may a lso appoin t counsel for
defendan ts.
Every misdem eanor mer it s a cour t appoin ted a t torney.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 24
In st r u ct or
g) F irst appearance before a dist r ict cour t judge
At the first appearance, the judge reads the charge and
appoin ts an a t torney if the defendan t cannot a fford one.
If the charge is a felony, the judge sets the da te for a
probable cause hear ing. The dist r ict cour t judge a lso
reviews bond.
h ) Probable cause hear ing
The probable cause hear ing, former ly refer red to as the
preliminary hear ing, is held in felony cases to determine
whether the sta te has enough evidence to take the case
before the grand ju ry. The defendan t may waive h is
r igh t to a probable cause hear ing. Ordinar ily the vict im
need not be presen t a t the probable cause hear ing.
i) The grand ju ry
The grand ju ry is comprised of eigh teen people whose
du ty is to determine if the sta te has enough evidence to
show the accused person probably commit ted the cr ime
for which charged. After the evidence has been
reviewed, the grand ju ry retu rns a Ano bill@ if there is
insufficien t evidence, or a At rue bill@ if enough evidence
is presen ted. Twelve of eigh teen people must agree.
The grand ju ry serves a one-year term, n ine of the
members rota te off every six months.
j) The a r ra ignment (for Super ior Cour t on ly)
Arra ignment refers to the actua l process of br inging t he
defendan t before the judge in open cour t and in forming
h im of the charges pending aga inst h im and direct ing
h im to plead. At th is t ime the defendan t usua lly pleads
gu ilty or not gu ilty. If the defendan t does not wish to
admit h is gu ilt or to con test t he sta te=s charges, he may
en ter a plea of “nolo con tendere.” If the defendan t
en ters a plea of gu ilty or nolo con tendere, he may be
sen tenced. If he pleads not gu ilty, a t r ia l da te is set .
k) The pre-t r ia l process
After the a r ra ignment , the dist r ict a t torney and the
defense a t torney may en ter in to a plea ba rga in
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 25
In st r u ct or
agreement in which the defendan t agrees to plead gu ilty
in retu rn for a reduced charge or a ligh ter sen tence
which may have been received if the case were to go to
t r ia l. The substance of their agreement must be
disclosed to the judge who can approve, modify, or reject
the plea a r rangement .
l) Discovery
Discovery is the process by which a t torneys for both
prosecu t ion and defense obta in cer ta in in format ion
per t inen t to the t r ia l from each other .
The defense is not au tomat ica lly en t it led to in terview
the witness for the sta te pr ior to t r ia l; neither is it
forbidden . It is the vict im=s pr ivilege to refuse to ta lk
with the defense or any member of h is/her sta ff pr ior to
t r ia l.
Vict ims should be advised of r igh t not to ta lk; wha t they
may say to the defense or to the press can and will be
used aga inst them in cour t .
m) Pre-t r ia l hea r ing
The t r ia l judge meets with the dist r ict a t torney, the
defendan t , and the defense a t torney pr ior to t r ia l to
make sure tha t the discovery mater ia ls have been
subpoenaed and a re ava ilable, and to take ca re of any
other pre-t r ia l ma t ters including mot ions.
After the complet ion of the above and a fter the judge has
ru led on any pre-t r ia l mot ions, the case is pu t on the
cour t docket for t r ia l.
n ) The t r ia l
The t r ia l is a formal examina t ion of the facts of a case by
a ju ry to determine whether the defendan t has
commit ted the cr ime charged. If you a re a witness, you
will receive a subpoena . A subpoena will be issued and
you will probably be con tacted by the prosecu tor or a
member of h is/her sta ff to discuss your test imony pr ior
to t r ia l.
o) The t r ia l process
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 26
In st r u ct or
NOTE: Show s lide , “The Tria l P roce ss .”
(1) Select ion of the ju ry
Prospect ive ju rors a re quest ioned by both the
prosecu tor and the defense a t torney about their
knowledge of the case and whether they a re
acqua in ted with either of the a t torneys, the
vict im, the defendan t , or any witnesses.
The twelve persons agreed upon comprise the
ju ry. Two a lterna te ju rors a re selected to replace
any ju rors who may be unable to complete the
t r ia l. Following the ju ry select ion , the ju rors a re
sea ted in the ju ry box and given inst ruct ions
about the t r ia l procedure by the judge.
(2) Opening sta tements
Although there is no r equ irement for an open ing
sta tement , a s a genera l ru le the presiding judge
offers the a t torneys the oppor tun ity to make an
open ing sta tement in which both a t torneys will
tell the ju ry wha t they expect to prove dur ing the
t r ia l.
(3) The prosecu t ion
Th is is the por t ion of the t r ia l in which the
prosecu tor presen ts the physica l evidence and
test imony of the witnesses. The prosecu tor must
prove to the ju ry Abeyond a reasonable doubt@
tha t a cr ime was commit ted and tha t the
defendan t on t r ia l is the person wh o commit ted
it .
As a witness for the prosecu t ion , you will fir st be
quest ioned by the prosecu tor (direct
examina t ion), a fter which the defense a t torney
will quest ion you (cross examina t ion).
If the dist r ict a t torney asks a quest ion which the
defense a t torney th inks is improper , the defense
a t torney will object . At tha t poin t the judge must
either susta in or overru le the object ion .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 27
In st r u ct or
The witness should stop ta lking when the
defense objects and wait for the judge=s ru ling.
If the object ion is susta ined, th e quest ion must
not be answered. If it is overru led, the witness
may con t inue the test imony. In any even t , the
witness will be told whether to con t inue the
test imony. Also, a witness must be given the
oppor tun ity to expla in an answer if the witness
feels it is necessa ry.
If the quest ion has a lready been answered when
the object ion is made, the judge may inst ruct the
ju ry to disregard the answer . Th is means tha t
the ju ry cannot consider tha t pa r t icu la r
in format ion when deciding the defendan t=s gu ilt .
(4) The defense
Although there is no obliga t ion to do so, the
defense a t torney usua lly presen ts witnesses to
test ify on beha lf of the defendan t . The prosecu tor
must convince the ju ry of the defendan t=s gu ilt
beyond a reasonable doubt in order to convict the
defendan t . The defense has to prove noth ing and
under the F ifth Amendment of the U.S.
Const itu t ion , a defendan t is not requ ired to
test ify. Remember tha t in any cr imina l t r ia l the
defendan t is presumed innocen t un t il proven
gu ilty. If the defense a t torney feels tha t the
prosecu t ion has not proven the defendan t=s gu ilt ,
a mot ion may be made to dismiss a t the close of
the sta te=s case withou t presen t ing any evidence
and rest ing the case a t any t ime.
(5) The Sta te=s rebu t ta l
If the defendan t does presen t witnesses and
evidence, the prosecu tor has the oppor tun ity to
rebu t any sta tements made dur ing the defenses
case.
The a t torneys use the phrase Athe Sta te (or
defense) rests@ to indica te tha t a ll the evidence
has been presen ted and a ll the witnesses ha ve
been heard.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 28
In st r u ct or
(6) Closing a rguments
The closing a rgument is where both a t torneys a re
given the oppor tun ity to presen t their
con ten t ions to the ju ry.
(7) Inst ruct ions to the ju ry
Following the closing a rguments, the judge
inst ructs the ju ry on the law as it applies to th is
case and how they must base their decision on
the evidence which has been presen ted.
(8) J u ry delibera t ion
Following inst ruct ions from the judge, the ju ry
goes to a separa te and pr iva te room (refer red to
as the ju ry room) where they elect a foreman who
serves as spokesperson . Once the foreman has
been selected, the ju ry reviews a ll the evidence
presen ted in the case including the test imony of
a ll the witnesses. They then vote as to the gu ilt
of the defendan t . If they a re a ll in agreement ,
they send word to the judge tha t they have
reached a verdict (decision).
(9) Announcement of the verdict
The cour t is reconvened when the judge is
not ified tha t a verdict has been reached. The
ju ry is brought back in to the cour t room where
the judge asks the foreman if the ju ry has
reached a verdict . After the foreman responds to
the quest ion , the judge asks tha t the verdict be
given to the cour t clerk who then reads the
verdict a loud. The defense may request the judge
to poll the ju ry. Th is m eans tha t each ju ror will
be asked if he or she voted for the verdict tha t
was delivered.
(10) The sen tencing
Sen tencing in a cr ime which ca rr ies a possible
dea th pena lty necessita tes a second session of the
cour t ca lled the Asen tencing phase.@ At th is t ime
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 29
In st r u ct or
the defense can ca ll character witnesses to test ify
on the beha lf of the defendan t . The sta te may
a lso presen t evidence. Then both a t torneys a re
aga in permit ted to address the ju ry. Following
addit iona l inst ruct ions from the judge, the ju ry
aga in retu rns to the ju ry room to decide the
sen tence to be imposed. The announcement of
the sen tence follows the same procedure as the
announcement of the verdict . If the dea th
pena lty is imposed, the defense usua lly asks tha t
the ju ry be polled. Although the ju ry makes the
decision , it is the judge who pronounces the
sen tence.
In cases which do not ca r ry a possible dea th
pena lty, the du ty of the ju ry is confined to
deciding whether the defendan t is gu ilty as
charged. Sen tencing is the du ty of the judge.
The judge may receive evidence from both the
sta te and defense bear ing on sen tence, such as
the defendan t=s pr ior cr imina l record or lack
thereof.
A vict im has the r igh t to offer admissible
evidence of the impact of the cr ime which must
be considered by the cour t or ju ry in sen tencing
the defendan t . The evidence may include the
following:
(a ) A descr ipt ion of the na ture and exten t of
any physica l, psychologica l, or emot iona l
in ju ry suffered by the vict im as a resu lt of
the offense commit ted by the defendan t .
(b) An explana t ion of any economic or
proper ty loss suffered by the vict im.
(c) A request for rest itu t ion and an indica t ion
of whether the vict im has applied for or
received compensa t ion under the Cr ime
Vict ims Compensa t ion Act (15A-833).
p) The appea l
There is r igh t of appea l direct ly to the Nor th Carolina
Supreme cour t for defendan ts convicted of fir st -degree
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 30
In st r u ct or
murder who receive the dea th sen tence. Defendan ts
have the r igh t to appea l their convict ion to the Nor th
Carolina Cour t of Appea ls.
The funct ion of the appella te cour ts is to determine
whether there were any er rors in the t r ia l cour t process.
The appea l may take eigh teen months or more, and
dur ing th is t ime the defendan t may be ou t on ba il. Ba il
decision in pa r t depends on the type of cr ime for which
the defendan t was convicted. Other considera t ions
include whether the defendan t is a danger to the
community or to an individua l and whether the
defendan t is likely to leave the ju r isdict ion to avoid
serving the sen tence once appea l is decided.
The convicted murderer who is sen tenced to dea th has
numerous appea ls which may include the Supreme
Cour t of the United Sta tes.
q) Responsibilit ies of the agency with custody of the
defendan t (15A-836)
When a form is included with the fina l judgment and
commitment (G.S. 15A-832(g)), or when the vict im has
filed a wr it ten request for not ifica t ion with the custodia l
agency, tha t agency must not ify the vict im of:
(1) Projected release da te if the sen tence exceeds 90
days of confinement .
(2) The defendan t=s escape from custody with in 72
hours un less the vict im not ifies the agency in
writ ing of a specific th rea t by the defendan t
aga inst the vict im, then the not ifica t ion should
be as soon as possible and with in 24 hours.
(3) The defendan t=s capture with in 24 hours.
(4) Release da te of defendan t ; the min imum
not ifica t ion t ime is 7 days.
D. Cr ime Vict ims Compensa t ion8
NOTE: Show s lide , ACrim e Vic tim s Com pe nsation .@
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 31
In st r u ct or
Another avenue vict ims of cr ime may wish to pursue is vict im=s
compensa t ion . The Nor th Carolina Cr ime Vict ims Compensa t ion
Commission was crea ted by the Nor th Carolina Cr ime Vict ims
Compensa t ion Act to provide financia l a ssistance to innocen t vict ims of
cr ime as a resu lt of being in ju red from cr imina l conduct .
1. The Nor th Carolina Cr ime Vict ims Compensa t ion Commission
is housed with in the Nor th Carolina Depar tment of Cr ime
Control and Public Safety. The Division of Vict im and J ust ice
Services provides the sta ff for the Nor th Carolina Vict ims
Compensa t ion Commission . Two programs admin istered by the
Division of Vict im and J ust ice Services a re:
a ) Cr ime Vict ims Compensa t ion Program - established by
the Nor th Carolina Cr ime Vict ims Compensa t ion Act
b) Rape Vict ims Assistance Program - established by N.C.
Genera l Sta tu te ‘ 143B-480.1 and 143B-480.3 (separa te
from the Nor th Carolina Cr ime Vict ims Compensa t ion
Commission and the Nor th Carolina Cr ime Vict ims
Compensa t ion Act)
2. Who is a vict im under the Nor th Carolina Cr ime Vict ims
Compensa t ion Act?
NOTE: Show s lide , “Who Is a Vic tim ?”
The Nor th Carolina Cr ime Vict ims Compensa t ion Act defines a
vict im as “a person who suffers persona l in ju ry or dea th
proximately caused by cr imina lly in ju r ious conduct .”
Cr imina lly in ju r ious conduct is defined as “conduct tha t by it s
na tu re poses a substan t ia l th rea t of persona l in ju ry or dea th ,
and is pun ishable by fine or impr isonment or dea th , or would
be so pun ishable bu t for the fact tha t the person engaging in
the conduct lacked the capacity to commit the cr ime under the
laws of th is sta te.”
Cr imina lly in ju r ious conduct genera lly does not include conduct
a r ising ou t of the ownersh ip, main tenance, or use of a motor
veh icle when the conduct is pun ishable on ly as a viola t ion of
other provisions of Chapter 20 of the Genera l Sta tu tes. But
cr imina lly in ju r ious conduct does include conduct tha t amounts
to an offense involving impa ired dr iving as defined in G.S. 20 -
4.01(24a), and conduct tha t amounts to a viola t ion of G.S. 20 -
166 if the vict im was a pedest r ian or was opera t ing a veh icle
moved solely by human power or a mobility impa irment device.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 32
In st r u ct or
Crimina lly in ju r ious conduct a lso includes an act of ter ror ism,
as defined in 18 U.S.C. ‘ 2331, tha t is commit ted ou tside of the
United Sta tes aga inst a cit ize n of th is sta te.
3. Who is eligible?
NOTE: Show s lide , AWho Is Elig ible ?@
A cla im under the Nor th Carolina Cr ime Vict ims Compensa t ion
Act may be filed by:
a ) A vict im
b) A dependent of a deceased vict im
c) A th ird person who is not a colla tera l source and who
provided benefit to the vict im or h is family ot her than in
the course or scope of h is employment , business, or
profession (i.e., fr iend, neighbor)
d) A person who is au thor ized to act on beha lf of a vict im, a
dependent , or a th ird person descr ibed in c
e) A vict im of human t ra fficking even if not a U .S. cit izen
The cla imant , however , may not be the offender or an
accomplice of the offender who commit ted the cr imina lly
in ju r ious conduct .
4. What compensa t ion may be pa id?
Compensa t ion may be a llowed for medica l expenses (forensic
medica l examina t ions a re free and not billed to the vict im ,
whether repor ted to law enforcement or not ), lost wages,
funera l expenses, and/or replacement services. The maximum
amount payable is $30,000.00, except an addit iona l $5,000.00
may be pa id for funera l expenses (in t ha t case, a maximum of
$35,000.00).
5. Who is not eligible?
NOTE: Show s lide , AWho Is Not?@
a ) An award of compensa t ion sha ll be den ied if:
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 33
In st r u ct or
(1) The cla imant fa ils to file an applica t ion for an
award with in two years (for conduct occurr ing
a fter December 1, 1998) a fter the da te of the
cr imina lly in ju r ious conduct tha t caused the
in ju ry or dea th for which the cla imant seeks the
award.
(2) The economic loss is incurred a fter one year from
the da te of the cr imina lly in ju r ious conduct tha t
caused the in ju ry or dea th for which the vict im
seeks the award, except in the case where the
vict im for whom compensa t ion is sought was 10
years old or younger a t the t ime the in ju ry
occurred. In tha t case, an award of compensa t ion
will be den ied if the economic loss is incurred
a fter two years from the da te of the cr imina lly
in ju r ious conduct tha t caused the in ju ry or dea th
for which the vict im seeks the award.
(3) The cr imina lly in ju r ious conduct was not
repor ted to a law enforcement officer or agency
with in 72 hours of it s occurrence, and there was
no good cause for the delay.
(4) The award would benefit the offender or the
offender=s accomplice, un less a determina t ion is
made tha t the in terests of just ice requ ire tha t an
award be approved in a pa r t icu la r case.
(5) The cr imina lly in ju r ious conduct occurred while
the vict im was confined in any correct iona l
facility.
(6) The vict im was par t icipa t ing in a felony a t or
about the t ime tha t the vict im=s in ju ry occurred.
(Revisions to the act in 1999 do not requ ire
au toma t ic disqua lifica t ion because of
cohabita t ion .)
b) A cla im may be den ied and an award of compensa t ion
may be reduced:
(1) Upon a finding of con tr ibu tory misconduct by the
cla imant or a vict im th rough whom the cla imant
cla ims; however , con t r ibu tory misconduct tha t is
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 34
In st r u ct or
not a proximate cause of becoming a vict im sha ll
not lead to an au tomat ic den ia l of a cla im .
(2) A cla im may be den ied or reduced if the vict im
was par t icipa t ing in a non tra ffic misdemeanor a t
the t ime of the in ju ry.
(3) Upon finding tha t the cla imant or vict im has not ,
withou t good cause, fu lly coopera ted with
appropr ia te law enforcement agencies or in the
prosecu t ion of cr imina l cases with regard to the
cr imina lly in ju r ious conduct tha t is the basis for
the award.
(4) To the exten t tha t the economic loss upon which
the cla im is based is or will be recouped from a
colla tera l source. (The existence of a colla tera l
source tha t would pay expenses direct ly rela ted
to a funera l, cremat ion , and bur ia l, including
t ranspor ta t ion of a body, sha ll not const itu te
grounds for the den ia l or reduct ion of an award of
compensa t ion .)
c) A cla im may be den ied upon a finding tha t the cla imant
has been convicted of any felony classified as a Class A,
B1, B2, C, D, or E felony under the laws of Nor th
Carolina an d tha t such felony was commit ted with in 3
years of the t ime the vict im ’s in ju ry occurred.
d) Compensa t ion for replacement services loss,
dependent=s economic loss, and dependent=s
replacement services loss may not exceed two hundred
dolla rs ($200.00) per week (maximum of 26 weeks
[$5,200.00] tota l). Compensa t ion for work loss and
household suppor t loss may not exceed th ree hundred
dolla rs ($300.00) per week for a maximum of 26 weeks.
6. What may not be pa id?
Compensa t ion may not be pa id for a loss of persona l proper ty or
for any expense pa id by insurance of other colla tera l sources
(except funera l expenses). There is no recovery under the
Nor th Carolina Cr ime Vict ims Compensa t ion Act for pa in and
suffer ing or for in ju ry and/or loss resu lt ing from a cr ime
punishable solely under Chapter 20, except for DWI and h it
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 35
In st r u ct or
and run (so if in ju red by DWI or h it and run , the vict im can
recover).
NOTE: Re fe r to handout, “Crim e Vic tim s Com pe nsation
Com m iss ion Application .”
Note: The Cr ime Vict ims Compensa t ion Act is separa te from
the Cr ime Vict ims’ Righ ts Act . Tha t Act manda tes tha t the
cour t consider an order of rest itu t ion to the vict im .
NOTE: Re fe r to handout, AHe lp for Vic tim s of Crim e .”
7. Invest iga t ion of a cla im
NOTE: Show s lide , “Inve s tigating Cla im s .”
a ) Every cla im tha t is filed is invest iga ted by the
Commission sta ff to determine tha t :
(1) A cr ime was commit ted tha t resu lted in physica l
in ju ry or dea th .
(2) The vict im did not con t r ibu te to h is or her
in ju r ies by con tr ibu tory conduct .
(3) The vict im was not pa r t icipa t ing in cr imina l
act ivity a t the t ime of the in ju ry.
(4) The cr ime was repor ted to law enforcement
with in 72 hours.
(5) The vict im coopera ted with law enforcement
agencies.
(6) All other requ irements were met under the Act .
b) It is the Nor th Carolina Cr ime Vict ims Compensa t ion
Commission=s responsibility to determine if a cla im
should be pa id or shou ld be den ied. Law enforcement
officers shou ld not feel tha t they a re burdened with th is
decision . Once the officer in forms a vict im of the
assistance ava ilable, the Commission sta ff will
invest iga te the cla im.
8. F raudulen t cla ims
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 36
In st r u ct or
If an individua l files a cla im con ta in ing fa lse sta tements or
cla ims, they a re subject to cr imina l prosecu t ion and a re civilly
liable to the Nor th Carolina Cr ime Vict ims Compensa t ion
Commission for a ll monies pa id on their fraudulen t cla im.
9. Assistance Program for Vict ims of Rape and Sex Offenses
N.C. Genera l Sta tu tes ‘ 143B-480.1 established an Assistance
Program for Vict ims of Rape and Sex Offenses with in the Nor th
Carolina Depar tment of Cr ime Control and Public Safety. The
program provides for vict ims of: fir st -degree rape, second-
degree rape, fir st -degree sexua l offense, second-degree sexua l
offense, sta tu tory rape, or a t tempted first -degree or second-
degree rape or a t tempted first -degree or second-degree sexua l
offense or a t tempted sta tu tory rape. A forensic medica l
examina t ion is free to vict ims.
Because of th is, law enforcement officers know tha t if they send
a rape vict im to the hospita l, the forensic medica l examina t ion
is free.
NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he
Publ ic - AVictim s of Se xual Assau lt@ (9.5 m inute s ).
NOTE: Re fe r to handout, AP rotoco l for Ass is t ing Se xual
Assau lt Vic tim s .@ Re vie w applicable v ic tim in form ation .
E . Providing Appropr ia te Assistance to Specia l Groups
We have been discussing the cour ts, vict ims, compensa t ion , etc. What
if the vict im of a cr ime had specia l needs? What if the vict im were deaf
or blind? What is Alzheimer=s Disease? How do you know if a person
has Alzheimer=s. How can you recognize a disability and assist a
person? What is a ha te cr ime? The rest of th is ou t line will be devoted
to these issues.
1. Below a re some commonly accepted pr inciples and theor ies
regarding persons diagnosed with au t ism.
Aut ism is a developmenta l disability tha t fir st manifests before
the age of th ree and ser iously impa irs development of
communica t ion and socia l skills. People with au t ism a lso have
a rest r icted range of behaviors (e.g., frequen t engagement in
repet it ive behaviors such as hand flapping or pacing) and
in terests. Aut ism is thought to be a spect rum disorder , which
manifests on a con t inuum tha t may a lso include Asperger ’s
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 37
In st r u ct or
Syndrome and Pervasive Developmenta l Disorder Not
Otherwise Specified, two developmenta l disabilit ies simila r to
au t ism. The degree of impa irment in au t ism can range from
mild to severe, and individua ls with au t ism funct ion with
va rying degrees of independence. Males a re four t imes more
likely to have au t ism than females.
a ) Behaviora l profile elements for individua ls with au t ism9
(1) May a lso have a seizure disorder .
(2) May have an unusua l ga it (e.g., pigeon -toed or
toe wa lk).
(3) May react to sudden changes in rou t ine or to
sensory inpu t (e.g., loud noises like sirens,
fla sh ing ligh ts) with an increase in repet it ive
biza rre behaviors such as hand-flapping, h it t ing
self or screaming (temper tan t rums a re an
expected response to fea r , confusion or
frust ra t ion ).
(4) May move or run away when approached and not
respond to “stop.”
(5) May be nonverba l (up to 50% of th is popula t ion);
may communica te with sign language, pictu re
ca rds or gestu res. If verba l, they may often repea t
wha t is sa id to them by others.
(6) May have difficu lty recognizing and repa ir ing
communica t ions breakdowns such as responding
to requests for cla r ifica t ion ; may not understand
or accept sta tements from others ; may have
difficu lty understanding jokes or sa rcasm.
(7) May seem argumenta t ive, belligeren t or stubborn
by saying “no!” in response to a ll quest ions, or
constan t ly asking “why?”
(8) When uncomfor table, may engage in repea ted
quest ions, a rguments or apparen t ramblings
about favor ite topics.
(9) May have fla t monotonous voice with unusua l
pronuncia t ions; may have difficu lty using the
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 38
In st r u ct or
correct volume for the sit ua t ion (e.g., may be too
loud or too soft ).
(10) May seem like a poor listener ; lack of eye con tact
may make it seem like the person is not listen ing
or h iding someth ing.
(11) May have difficu lty in terpret ing body language,
such as defensive postu re or facia l expressions.
(12) May have difficu lty judging appropr ia te
boundar ies of persona l space and may stand too
close or too fa r away.
(13) May have difficu lty seeing th ings from a differen t
poin t of view; may have difficu lty predict ing
others’ react ions to their behavior .
(14) Are usua lly very honest , blun t and not tact fu l; do
not lie well.
(15) May not recognize danger of in ju ry; may have
limited help-seeking skills; may be unable to
dist ingu ish between ser ious problems; may not
know where/how to seek help; may be unable to
provide impor tan t in format ion or answer
quest ions.
(16) May not recognize law enforcement veh icles,
badges or un iforms, or understand wha t is
expected of them when in teract in g with law
enforcement officers (e.g., may be unaware tha t
keeping hands in pockets or reach ing in to a
pocket withou t explana t ion will be viewed as
th rea ten ing).
b) Methods to dea l with persons who have au t ism10
(1) Eva lua te for in ju ry; the person may not ask for
help or exper ience normal pa in even though
in ju ry is obvious.
(2) Look for medica l a ler t jewelry or tags; the person
may have a seizure disorder .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 39
In st r u ct or
(3) If possible, con tact family members or ca regiver
and seek advice about how to communica te with
the individua l, a s well a s possible techn iques for
helping the individua l ca lm down.
(4) Use direct , shor t phrases emphasizing key words
such as “stand up,” “go to the ca r ,” etc. Allow for
delayed responses to quest ions or commands and
posit ively rein force a ppropr ia te responses.
(5) Avoid non -litera l expressions such as “what ’s up
your sleeve?” or “are you pu lling my leg?”
(6) Speak ca lmly and repea t commands. Speaking
loudly will not improve understanding. Model
ca lming body language (e.g., slow brea th ing and
keeping hands low).
(7) Avoid language or behaviors tha t cou ld appear
th rea ten ing. Use low gestu res to get a t ten t ion ,
avoid rapid poin t ing or waving, and assure the
person you do not in tend to hur t them.
(8) Look and wait for response or eye con tact ; may
prompt “look a t me,” bu t do not in terpret limited
eye con tact a s deceit or disrespect .
(9) Consider use of sign language and pictu re or
phrase books if ava ilable.
(10) Be aware of the person ’s self-protect ive responses
to ligh ts, sounds or touch .
(11) If possible, tu rn off sirens and flash ing ligh ts;
remove can ine pa r tn ers, on lookers and other
sources of sensory st imula t ion from the scene.
(12) If possible, avoid touch ing the person , especia lly
near the shoulders or face; avoid standing too
close in their persona l space; do not stop the
person ’s repet it ive behaviors (e.g., hand flapping
or pacing) as engaging in these behaviors shou ld
help the individua l ca lm down.
(13) If the person ’s behavior esca la tes, ma in ta in a
sa fe distance un t il the behavior decreases, bu t
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 40
In st r u ct or
stay a ler t to the possibility of addit iona l
ou tbursts or impulsive acts.
(14) If the person ’s act ions become self-in ju r ious or a
th rea t to yourself or others, physica l rest ra in t
may become necessa ry. Because people with
au t ism often have a n underdeveloped t runk,
abdomen and shoulder muscles, do not cross their
a rms in fron t of them or hold them from beh ind
as th is may compromise their diaphragm. For the
same reason , do not place them on their stomach .
(15) A more effect ive rest ra in t method is to have
people on each side of the individua l hold the
upper a rms and wrists. After placing the
individua l on the ground, they should be released
and provided with sa fe space to con t inue
engaging in repet it ive behaviors for self-ca lming.
(16) If someone is taken in to custody and it is
suspected they may have au t ism, to reduce the
r isk of in ju ry or abuse, a sk ja il au thor it ies to
segrega te the individua l from the genera l
popula t ion pr ior to a menta l hea lth eva lua t ion .
NOTE: The BLET Re vis ion Com m itte e
s trongly e ncourage s the use o f a gue s t
re source through the Autism Soc ie ty o f
North Carolina or a loca l chapte r, as w e ll as
the v ide o Aut ism Aw a r eness Vid eo for La w
Enfor cem en t a nd Com m unit y Ser v ice
Per son n el .
2. Serving people who a re deaf or ha rd of hear ing11
NOTE: Show s lide , ADe af P e rsons .@
a ) Per t inen t in format ion
(1) Deaf and hard of hear ing people can do anyth ing
you can except hear .
(2) Their ba rr ier to communica t ion comes from the
difficu lty in t ransmit t ing and/or receiving
language ora lly.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 41
In st r u ct or
(3) The major ity of deaf or ha rd of hear ing
individua ls can effect ively communica te by using
such auxilia ry means of communica t ions as:
Sign language
Lip reading
Reading/writ ing
Hear ing a ids/assist ive listen ing devices
(4 ) Clues to a ler t you to the fact tha t a person is dea f
or hear ing impa ired a re as follows:
(a ) They appear to be a ler t bu t fa il to respond
to any noise or sounds.
(b) They may poin t to their ea rs, or to the ea r
and mouth .
(c) They may speak with a fla t or ha r sh
un in telligible monotone.
(d) They may write notes instead of speaking.
(e) They may wear a hear ing a id or coch lea r
implan t .
b) Methods for communica t ing with people who a re deaf
and hard of hear ing
(1) The deaf or hear ing impa ired individua l may u se
one of the following types of communica t ion :
(a ) Sign Language - Whenever needed, secure
a qua lified in terpreter . (It may be
necessa ry to use a family member in an
emergency situa t ion , bu t on ly un t il a
licensed, qua lified in terpreter a r r ives .)
(b) Writ ing Notes – For many people who
were born deaf, American Sign Language
(ASL) is their na t ive language. ASL is a
gestu ra l and concept iona l language
withou t wr it ten communica t ion to be
successfu l, the deaf person must be fluen t
in English (frequen t ly the second
language), much like a Span ish -speaking
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 42
In st r u ct or
person t rying to communica te using
English .
(c) Lip Reading - Be sure to face deaf person s
when speaking to them and use normal
tone and expression . Even in idea l
condit ions with good ligh t ing, on ly 30% to
40% of the English language is visible on
the lips.
(2) It is the service provider ’s responsibility to
provide effect ive communica t ion . To meet th is
requ irement , you should ask the individua l wha t
accommodat ions will best meet their
communica t ion needs.
(3) Keep your eyes on the person=s hands. Deaf
people have been stopped by an officer and then
shot and killed because the deaf person made a
qu ick move for a pen and pad in h is or her coa t
pocket or glove compar tment . These unfor tuna te
inciden ts can be pr even ted by mutua l awareness
which overcomes the lack of communica t ion .
NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he Publ ic -
AIn te racting w ith De af Indiv iduals@ (5 m inute s ).
3. Below a re some commonly accepted pr inciples and theor ies
regarding persons who a re visua lly impa ired or blind.12
NOTE: Show s lide , ABlind.@
As an officer , it is your responsibility to t rea t a ll cit izens
equa lly under the law. Th is is the single most impor tan t th ing
to remember when you encounter a person who is visua lly
impa ired.
a ) Defin it ion
Lega lly blind is corrected visua l acu ity of 20/200 or less
in the bet ter eye or visua l field con tract ion of 20 degrees
or less. There is no such th ing as a stereo-typica l blind
person . Not a ll a re tota lly blind. In fact , 80% have some
remain ing vision . The degree to which th is vision may
a ffect mobility depends on the person .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 43
In st r u ct or
For example, persons who a re visua lly impa ired with
tunnel vision may be able to see well enough to iden t ify
you as an officer when you appr oach them, bu t may need
your assistance in spot t ing oncoming t ra ffic before you
cross the st reet .
b) Per t inen t in format ion
(1) Mobility is a da ily issue in the lives of the blind.
(2) There a re two pr imary ways for a blind person to
ach ieve independent mobility: the gu ide dog and
the “white” cane.
(3) Only 5% of people who a re visua lly impa ired use
dogs. A gu ide dog is t ra ined to respond to the
commands of the master , and to exercise
“in telligen t disobedience,” i.e., to refuse a
command tha t cou ld br ing harm to the master .
For example, a gu ide dog will refuse to cross the
st reet if there is an oncoming ca r , bu t they a re
not t ra ined to defend their master .
(4) The long red and white canes a re the more
commonly used mobility tools. Shor t ones with
rubber t ips a re used for suppor t , while the long
slender canes a re swung systemat ica lly in fron t
of the user . Or ien ta t ion and mobility t ra in ing
a re requ ired in order to acqua in t the person who
is visua lly impa ired to use a white cane.
(5) Many blind people can hear and understand
wha t is being sa id as well a s sigh ted persons.
c) Methods for dea ling with the visua lly impa ired or blind
person
(1) When encounter ing a blind person who requ ires
assistance or appears lost , iden t ify yourself
immedia tely by saying, “I am a police officer , may
I be of assistance?”
(2) When assist ing a visua lly impa ired pedest r ian ,
have the person take your a rm just above the
elbow. He or she follows the movement of your
body. When you come to a curb or a set of steps,
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 44
In st r u ct or
he or she feels you r ise or descend and moves
easily beside you . Of course, it is an ext ra help for
you to say someth ing like, “here is the curb,” etc.
(3) Never push the person ahead of you , and
remember , dur ing the en t ire process to be very
verba l about wha t is happen ing and the
environment . E lder ly persons with severe
disabilit ies may need more physica l suppor t .
Also wea ther (icy or slippery condit ions) may
requ ire more assistance.
(4) Encourage sigh ted people in your pa t rol a rea to
keep sidewalks clea r . Th is addit iona l cour tesy
will enable visua lly impa ired persons in the
neighborhood to wa lk withou t the fea r of t r ipping
over objects.
(5) Use verba l direct ions and iden t ify yourself a s an
officer . If you a re doing t ra ffic du ty in the middle
of an in tersect ion , your first thought may be to
wa ive the blind person th rough with a hand
signa l. Rea lize tha t he or she does not see you .
(6) Use your normal voice volume. Most visua lly
impa ired persons can hear and do not need
in terpreters.
(7) If you a re involved in a case dea ling with a blind
vict im, remember tha t the vict im can descr ibe
the suspect by relying on h is/her other senses.
(8) Not seeing does crea te specia l fea rs. You will
have to be aware of th is when you a id the vict im,
and when you a t tempt to secure the descr ipt ion
of the suspect .
Obviously, blind people a re a t a disadvan tage
dur ing persona l a t tacks because they cannot see
their a t tackers to an t icipa te where they a re going
to be h it , and defend or protect themselves
accordingly. Simila r ly, they cannot see if they
a re going to need any protect ion . If you not ice
these fea rs in your vict im:
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 45
In st r u ct or
(a ) Reassure the person tha t your presence
will help protect them.
(b) Make follow-up phone ca lls for a week or
two, if t ime permits.
(9) Providing kn owledge of the surroundings will pu t
the blind person a t ease a fter the cr ime and help
reor ien t h im/her to h is/her loca t ion .
(10) Making the vict im feel sa fe and comfor table in
the environment will ease the vict im ’s t rauma
and will help the invest iga t ion .
(11) Obta in the maximum benefit from the visua lly
impa ired and blind witnesses by having them
u t ilize their own senses.
(12) Blind people a re likely to remember voices tha t
they have heard before. Voices and sounds can be
ana lyzed and used for the following:
(a ) Iden t ifica t ion
(b) Direct ion
(c) Distance
(d) Volume
(e) Number of sounds
(f) Qua lity of sounds
(13) A blind person is likely to form a descr ipt ion of
someone based on touch . Remember tha t cer ta in
th ings tha t sigh ted people iden t ify by seeing can
a lso be iden t ified by touch , such as:
(a ) Facia l ha ir
(b) Skin texture
(c) Ha ir length
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 46
In st r u ct or
(d) Cloth ing and items worn (open necked,
cot ton sh ir t , glasses, ha t , etc.)
(e) Heigh t and weigh t
(14) Ask if they can see and wha t they saw because
many lega lly blind persons can see well.
(15) Also, remember tha t blind persons cannot read or
fill ou t police forms and other pr in ted documents.
They will need your assistance with these
mater ia ls. Some can sign their name, some
cannot .
(16) Many blind people read th rough a system of
ra ised dots known as bra ille. The bra ille system
is a s effect ive for the blind as pr in ted words a re
for the sigh ted.
(17) Not ify cour t personnel tha t not ices to appear in
cour t and rela ted documents shou ld be both sen t
and communica ted by telephone. Although most
blind people have mail read to them, documents
communica ted by phone ca ll a re an addit iona l
cour tesy.
d) You should be aware of G.S. 20-1752, Righ t -of-way a t
in tersect ions for blind:
At any st reet , road, or h ighway crossing or in tersect ion
where movement of t ra ffic is not regu la ted by a t ra ffic
officer or by t ra ffic-con trol signa ls, any blind or pa r t ia lly
blind pedest r ian sha ll be en t it led to the r igh t -of-way a t
such crossing or in tersect ion , if such blind or pa r t ia lly
blind pedest r ian sha ll extend before h im a t a rm ’s length
a cane white in color or white t ipped in red, or if such
person is accompanied by a gu ide dog.
NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he
Publ ic - AIn te racting w ith Visually Im paire d
Indiv iduals@ (4 m inute s ).
4. Effect ive methods for dea ling with mobility impa ired persons
NOTE: Show s lide , AMobility Im paire d .@
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 47
In st r u ct or
Mobility impa irments occur in approximately 6% of the
popula t ion and a re genera lly the resu lt of congenita l defects,
acciden ts, disease, or combat .
People who have mobility impa irments a re like everyone else
except tha t they requ ire assistan t devices. However , they st ill
face two kinds of ba rr iers in society--a rch itectu ra l and
a t t itudina l.
Arch itectu ra l ba rr iers include sta irways, doors tha t a re too
narrow for wheelcha irs, curbs on sidewalks, and parking lots
withou t designa ted handicapped spaces.
At t itudina l ba rr iers a re usua lly more subt le, bu t a re easily
recognized by persons with mobility impa irments. React ions of
disgust , pity, or discomfor t a re often expressed verba lly and
nonverba lly by able-bodied people.
Do not express these avoidance react ions or a t t itudina l ba rr iers
when you dea l with a person who has a mobility impa irment .
Remember , your job is to t rea t everyone equa lly under the
law.13
a ) Implica t ions of mobility impa irment
Persons who a re mobility impa ired exper ience funct iona l
limita t ions a ffect ing one or more of their limbs, and
having t rouble moving from one place to another .
Therefore, cer ta in equ ipment and devices a re designed
to a id them in these movements. Some of the more
common assistan t devises a re:
(1) Wheelcha irs
(2) Cru tches
(3) Braces
(4) Canes
b) Methods to dea l with mobility impa ired persons
(1) Speak direct ly to the person in a normal tone of
voice and normal speech .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 48
In st r u ct or
(2) Convey an a t t itude of acceptance and
understanding.
(3) Show respect for the person .
(4) Use posit ive nonverba l messages th rough such
means as postu re, eye con tact , and tone of voice.
(5) If the person is a vict im and if you a re not su re,
a sk the person if they have a disability.
(6) Ask the person if they need assistance.
(7) Most persons who a re mobility impa ired have
accepted and adapted to their disabilit ies, bu t an
assau lt (physica l or verba l) may make them feel
helpless.
(8) Since mobility impa irments a re visible
handicaps, those who have been physica lly
assau lted may blame their impa irment for the
vu lnerability it has caused. Consequent ly, they
may become uncoopera t ive and resist
quest ion ing.
(9) If a person with a mobility impa irment is
viola t ing the law or is a t fau lt , do not let pity or
sympathy in ter fere with your job. Persons with
impa irments may viola te the law just like any
other cit izen .
(10) Mobility devices a re impor tan t and considered by
many disabled persons as pa r ts of their bodies.
Taking away assistance devices (canes, cru tches,
etc.) leaves the person immobile and dependent
upon the officer for movement , persona l hygiene,
etc., bu t there have been inciden ts of canes and
cru tches being used as weapons aga inst a r rest ing
officers. Therefore, use judgment and respect
when deciding about assistance devices.14
NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he
Publ ic - AIn te racting w ith Indiv iduals w ith Mobility
Im pairm e nts@ (6 m inute s ).
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 49
In st r u ct or
5. Below a re some commonly accepted pr inciples and theor ies
regarding older persons.15
NOTE: Show s lide , AOlde r P e rsons .@
The U.S. popula t ion is growing propor t iona tely older with the
popula t ion of older Americans increasing da ily. Approximately
5,000 Americans celebra te their 65th bir thday every day.
It is cr it ica l tha t law enforcement officers develop the ability to
in teract effect ively with older persons and become aware of the
physica l and psychologica l changes tha t occurs in the aging
process, a process tha t is individua l specific from both
standpoin ts.
a ) Physiologica l elements of the aging process
(1) Less sensory in format ion is conveyed to the bra in
and the in terpreta t ion of tha t min imized
in format ion is slowed.
(2) A par t ia l or sever e loss of any of the senses may
occur .
(a ) Three-four ths of a ll women and over
one-ha lf of a ll men exper ience modera te to
severe changes in visua l funct ions dur ing
their lifet ime.
(b) Hear ing loss may occur .
(c) Sense of smell and taste may become
impa ired.
(3) Muscu la r coordina t ion is impa ired.
(4) React ion t ime slows.
(5) Fa t igue occurs more rapidly.
(6) Bone degenera t ion may occur .
(7) Distu rbances in sleep pa t terns occur .
(8) Increased problems with medica t ions.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 50
In st r u ct or
(a ) Older persons a re the la rgest consumers
of lega l drugs.
(b) Two to ten percen t of older persons a re
a lcoholics.
(c) Illness/in ju ry may necessita te heavy
prescr ipt ion drug use, resu lt ing in
dependence.
(d) In teract ion of differen t drugs may cause
ser ious react ions.
(9) Be cau t iou s in making an assumpt ion of a lcohol
impa irment on the basis of stagger ing ga it ,
slu r red speech , or odor of brea th . The older
person may be having a diabet ic react ion or
exper iencing hyperglycemia , u remia , an
impending or completed st roke, or other cerebr a l
impa irment .
b) Psychologica l elements of the aging process
(1) Unable to respond qu ickly to poten t ia l dangers
and hazards.
(2) May see visua l ha llucina t ions or “floa t ing spots”
which a re often mistaken for a prowler .
(3) Hear ing loss is st rongly rela ted to depression and
suspicion since it resu lts in isola t ion or
misin terpreta t ion .
(4) Emot iona l isola t ion - produced by forced
withdrawal from socia l act ivit ies.
(5) Socia l isola t ion - produced by the loss of a spouse
or fr iend.
(6) Fear of being a cr ime vict im.
(7) May appear confused or disor ien ted.
(8) Have a lowered self-concept .
c) Officer in teract ion with the older person .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 51
In st r u ct or
(1) Give verba l rein forcement - tell the person who
you a re and wha t you a re doing.
(2) Posit ion yourself so an older person can see you .
(3) Ga in the person ’s a t ten t ion pr ior to speaking.
(4) Paraphrase wha t you say.
(5) Try a low-pitched voice if a loud voice doesn ’t
help.
(6) Control background noise if possible.
(7) Communica te slowly and if possible break down
in format ion in to small un its to overcome
confusion .
(8) Reinforce rea lity and do not react to delusiona l
responses.
(9) Main ta in a toleran t , ca lm manner .
6. Alzheimer ’s Disease16
NOTE: Show s lide , “Alzhe im e r=s Dise ase .”
a ) What is Alzheimer ’s Disease?
(1) Alzheimer ’s Disease is a progressive bra in
disease.
(a ) It is not a menta l illness.
(b) It is not a normal pa r t of aging.
(2) It is nondiscr imina t ing, a ffect ing a ll races, sexes,
and socioeconomic levels equa lly.
(3) Alzheimer ’s Disease is fa ta l.
b) How common is Alzheimer ’s Disease?
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 52
In st r u ct or
(1) One ou t of every th ree families has a close
rela t ive or family member with Alzheimer ’s
Disease.
(2) An est imated four (4) million Americans and
115,000 Nor th Carolin ians suffer from
Alzheimer ’s Disease.
(3) Alzheimer ’s Disease is est imated as the four th
leading cause of dea th .
(4) About seven ty percen t (70%) of the ca re given to
Alzheimer ’s Disease pa t ien ts is provided in the
home by family members.
(5) More than fifty percen t (50%) of a ll nursing home
pa t ien t s have Alzheimer ’s Disease or a rela ted
disorder .
c) Symptoms of Alzheimer ’s Disease (A.D.)
NOTE: Show s lide , “Sym ptom s.”
(1) Appears “normal” in ea r ly stages.
(2) Gradua l recen t memory loss and confusion .
(3) Loss of reason ing and judgment abilit ies .
(4) Behavior changes and communica t ion problems.
(5) Symptoms usua lly in tensify as the disease
progresses.
d) How can I recognize an Alzheimer ’s Disease pa t ien t?
(1) Confusion : The pa t ien t often loses the ability to
understand wha t he or she sees and hears. The
disease blocks the person ’s ability to recognize
and in terpret correct ly even the simplest sigh t
and sound.
(a ) Inability to grasp and remember the
curren t situa t ion .
(b) Difficu lty judging the passage of t ime.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 53
In st r u ct or
(c) Agita t ion , withdrawal, or anger .
(d) Inability to sor t ou t the obvious.
(2) Expression : Facia l expression is blank or
inappropr ia te to the situa t ion . For example, a
person may smile while telling about a ser ious
issue or avoid eye con tact . The person may look
sca red or indifferen t .
(3) Age: A factor , one is more likely to encounter an
a fflicted woman than a man , possibly because
women have a longer life expectancy.
(4) Inappropr ia te Dress: Wrong clothes for the
season ; clothes pu t on incorrect ly; mult iple layers
of clothes.
(5) Forget fu lness: May come and go somet imes
with in minu tes because of memory loss. The
A.D. person may appear uncoopera t ive, especia lly
about answer ing quest ions about the past or
presen t . Quest ions such as “Where do you live?”
or “What a re you doing?” may be too difficu lt for
the A.D. person to comprehend.
(6) Communica t ion problems: May have difficu lty
remember ing or understanding the meaning of
words, keeping thoughts clea r , speaking logica lly,
and following simple inst ruct ions. A.D. persons
may give inaccura te in format ion due to memory
loss. Mult iple quest ions or orders will confuse
h im or her even more.
Example: “Let me see your dr iver ’s license.”
A.D. persons may not be able to iden t ify or loca te
the dr iver ’s license.
(7) Delusions: Fa lse ideas (often involving
paranoia ). Persons may mistaken ly en ter a
neighbor ’s home or may lose th ings (theft ) tha t
has in rea lity been h idden . The A.D. pa t ien t may
accuse others of stea ling or t rying to ha rm h im.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 54
In st r u ct or
(8) Ha llucina t ions: Because A.D. blocks ra t iona l,
ordered th inking and the ability to reach
accura te conclusions, a pa t ien t may see, hea r , or
feel someth ing incorrect ly.
Example: See neighbor ’s dog as a ferocious wolf
or mistaking a fr iend for a rela t ive or neighbor .
(9) Iden t ifica t ion : Your goa l is not to diagnose the
possible A.D. pa t ien ts, bu t to t ry to determine if
they a re cognit ively impa ired. Asking simple
quest ions such as “What is your name?”, “Where
do you live?”, “How are you feeling today?”, etc.,
will help to pinpoin t coher en t menta l awareness.
(10) Indecen t Exposure: A.D. pa t ien ts may forget
wha t is socia lly acceptable.
(11) Wander ing: Wander ing is common among A.D.
pa t ien ts. The A.D. pa t ien t may be confused,
rest less, or agita ted, maybe sea rch ing for familia r
faces or su rrounding.
e) What shou ld I do if I suspect Alzheimer ’s?
(1) Approach the A.D. person in a ca r ing and
sensit ive manner . A ca lm fr iendly environment
helps.
(2) Use your best discret ion in responding to the
individua l (move to a qu ieter a rea , ca lmly offer
a ssurance, do not t ry to reason with or a rgue
with , etc.)
(3) If you have quest ions about lega l procedures,
consu lt depar tmenta l admin ist ra tors.
(4) Look for medica l iden t ifica t ion (bracelets,
necklaces, labels inside the shoes, cloth ing, etc.)
Pa t ien t may be enrolled in Na t ionwide
Alzheimer ’s Associa t ion Safe Return Program or
a “loca l” loca tor program.
(5) Often law enforcement officers encounter
pa t ien ts of A.D. who have not been diagnosed.
You may be a source of encouragement to
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 55
In st r u ct or
families by suggest ing tha t medica l help may be
necessa ry.
(6) Refer family members and fr iends to the nearest
Alzheimer ’s Associa t ion Chapter .
(7) Ca ll your nearest Alzheimer ’s Associa t ion
Chapter Caregiver Help Lines for fu r ther
in format ion and help.
NOTE: Re fe r to handout, “North Carolina
Alzhe im e r’s Assoc iation Chapte rs and the
countie s the y se rve .”
7. Service an imals
a ) What is a service an imal?
(1) As defined by the Americans with Disabilit ies Act
(ADA), a service an imal is any an imal
individua lly t ra ined to provide assistance to an
individua l with a disability.
(2) In addit ion to gu ide dogs tha t a re used by people
with visua l disabilit ies, service an imals may a lso
assist by:
(a ) Aler t ing people with hear ing disabilit ies
to sounds
(b) Pu lling wheelcha irs or ca r rying or picking
up objects for people with mobility
disabilit ies
(c) Assist ing people with mobility disabilit ies
with ba lance
(d) Aler t ing a person to the onset of a medica l
cr isis (seizure, insu lin shock, etc.)
b) Righ t to use service an imals
(1) The ADA requ ires tha t people with disabilit ies be
a llowed to be accompanied by service an imals in
public en t it ies and pr iva tely owned businesses
tha t serve the public.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 56
In st r u ct or
(2) G.S. 168-4.2 legisla tes tha t every person with a
disability has the r igh t to be accompanied by a
service an imal to assist the persons with the
disability. The Depar tment of Hea lth and Human
Services a lso issues a tag stamped “NORTH
CAROLINA SERVICE ANIMAL PERMANENT
REGISTRATION” a long with a regist ra t ion
number . Acquir ing a service an imal tag is
volun ta ry and not requ ired by the ADA or sta te
law.
(3) Th is legisla t ion a lso a llows for an imals in
t ra in ing to be taken in to public en t it ies and
businesses tha t serve the public.
c) Limita t ions
(1) A service an imal is not a pet .
(2) Any damage caused by a service an imal is the
liability of the owner or t ra iner as long as pa t rons
withou t disabilit ies would be simila r ly charged.
(3) Service an imals may be excluded when the
an imal poses a direct th rea t to others, such as
vicious behavior ; or in limited circumstances is
disrupt ive to the business, such as ba rking in a
movie.
d) In teract ion with law enforcement officers
(1) Officers may be ca lled to businesses where
individua ls a re accompanied by service an imals
and expla in th e law to and the r igh t of the
individua l to be accompanied by a service an imal.
(2) Officers may take in to custody individua ls
suspected of a cr ime who a re accompanied by a
service an imal. Officers shou ld ask the individua l
if there is someone who can assume con trol of the
an imal or ca ll an an imal con trol officer . Officers
a lso should ascer ta in wha t assistance is provided
by the service an imal. On some occasions, such as
a service an imal tha t a ler ts an individua l to
seizures, it migh t be advan tageous to keep the
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 57
In st r u ct or
an imal with the individua l it serves as much as
possible.
F . Responding to Possible Ha te Cr ime Offenses17
NOTE: Show s lide , AHate Crim e s .@
1. In the past severa l yea rs, bias or ha te mot iva ted inciden ts have
increased th roughout the country. Bias mot iva ted cr imina l acts
not on ly have a devasta t ing effect on the individua l vict im, bu t
a lso th rea ten the democra t ic founda t ions of our society. Also,
tensions and pressures a re genera ted with in the neighborhoods
a ffected. A ha te cr ime ta rgets not just the vict im or vict ims
direct ly involved, a ha te cr ime is meant to send a message to a ll
other individua ls of tha t same race, religion , disability,
na t iona lity/ethn icity, or sexua l or ien ta t ion --a message of an
offensive na ture, of ha t red.
As law enforcement officers, you must acknowledge the
obliga t ion not on ly to invest iga te the cr imina l acts, bu t a lso to
recognize and respond in a suppor t ive manner to the emot iona l
t rauma exper ienced by the vict ims, families, and cit izens of the
community which have witnessed and suffered from such
inciden ts.
2. Defin it ions
NOTE: Show s lide , AHate Crim e De fin it ions .@
a ) Bias - A preformed nega t ive opin ion or a t t itude toward a
group of persons based on their race, religion , disability,
ethn icity/na t iona l or igin , or sexua l or ien ta t ion .
b) Ha te Cr ime - A cr imina l offense commit ted aga inst a
person or proper ty which is mot iva ted, in whole or in
pa r t , by the offender ’s bias aga inst a race, religion ,
disability, ethn ic/na t iona l or igin group, or sexua l
or ien ta t ion group. Also known as “Bias Cr ime.”
c) Disability - Of or rela t ing to persons who have physica l
or menta l impa irments/cha llenges, whether temporary
or permanent , due to condit ions tha t a re congenita l or
acqu ired by heredity, acciden t , in ju ry, advanced age, or
illness.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 58
In st r u ct or
d) Disability Bias - A preformed nega t ive opin ion or
a t t itude toward a group of persons based on their
physica l or menta l impa irments/cha llenges, whether
such disability is temporary or permanent , congen ita l or
acqu ired by heredity, acciden t , in ju ry, advanced age, or
illness.
e) E thn icity/Na t iona l Or igin Bias - A preformed nega t ive
opin ion or a t t itude toward a group of persons of the
same race or na t iona l or igin who share common or
simila r t ra it s, languages, customs, and t radit ions (e.g.,
Arabs, La t inos, etc.).
f) Racia l Bias - A preformed nega t ive opin ion or a t t itude
toward a group of persons who possess common physica l
character ist ics (e.g., color of skin , eyes, and/or ha ir ;
facia l fea tu res; etc.) genet ica lly t ransmit ted by descen t
and heredity which dist ingu ish them as a dist inct
division of humankind (e.g., Asians, Afr ican -Americans,
whites, etc.).
g) Religious Bias - A preformed nega t ive opin ion or
a t t itude toward a group of persons who share the same
religious beliefs regarding the or igin an d purpose of the
un iverse and the existence or nonexistence of a supreme
being (e.g., Ca tholics, J ews, Protestan ts, a theists, etc.).
h ) Sexua l Or ien ta t ion Bias - A preformed nega t ive opin ion
or a t t itude toward a group of persons based on their
sexua l a t t r act ion toward, and responsiveness to,
members of their own sex or members of the opposite sex
(e.g., homosexua ls, heterosexua ls, etc.).
3. What is ha te cr ime/bias cr ime?
Ha te cr ime/bias cr ime a re gener ic terms used to descr ibe
inciden ts of violence or cr imes perpet ra ted aga inst persons
solely because of their race, religion , na t iona l or igin /ethn icity,
sexua l or ien ta t ion , or disability. Even though inciden ts of ha te
cr ime have occurred th roughout the h istory of th is country, the
law enforcement community has slowly recognized the need to
provide specific t ra in ing. Not too long ago, many law
enforcement officia ls considered most inciden ts as ch ildish
pranks, undeserving of any rea l law enforcement in terven t ion
(e.g., swast ika pa in ted on a synagogue wall). Law enforcement
officia ls must be t ra ined in handling inciden ts when they occur ,
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 59
In st r u ct or
thus reducing the possibility of reta lia t ion and addit iona l
violence in the communit ies in which inciden ts occur .
4. How do we iden t ify ha te violence inciden ts?
Inciden ts of ha te violence include proper ty defacement , physica l
a ssau lts, th rea ts of in t imida t ion , and somet imes murder . The
sole mot iva t ion for such violence is ha t red for those who a re
differen t in some way from the perpet ra tor .
5. Cr iter ia for iden t ifying bias inciden ts:
NOTE: Show s lide , “Ide ntify ing Hate Crim e s .”
a ) The mot iva t ion of the perpet ra tor .
b) The absence of a regu la r or typica l mot ive.
c) The vict im=s percept ion of the inciden t .
d) The display of offensive symbols, words or acts.
e) AThe da te and t ime of occurrence (corresponding to a
holiday of sign ificance to the vict im group or offender
group, i.e., Hanukkah , Mar t in Luther King Bir thday,
Chinese New Year , Hit ler=s bir thday, ann iversa ry of
Gordan Kahl=s dea th , etc.).
f) A common sense review of the circumstances
surrounding the inciden t (consider the tota lity of the
circumstances).
(1) The groups or individua ls involved in the a t tack.
(2) The manner and means of the a t tack.
(3) Any simila r inciden ts in the same a rea or aga inst
the same vict im.
g) Sta tements by perpet ra tor (Example - Sta tements of
ha t red toward the vict im, h is or her kind of people.)@18
h ) Would the inciden t have occurred if the vict im and
offender were of the same race, religion , sexua l
or ien ta t ion , ethn icity, or disability?
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 60
In st r u ct or
6. Who a re the perpet ra tors?
Perpet ra tors of ha te violence can come from any neighborhood,
any city, any sta te, any country. Sta t ist ics show tha t the
major ity of the offenders a re young, white males. Some
perpet ra tors a re members of organ ized ha te groups such as the
Ku Klux Klan or the skinheads, bu t most do not belong to such
groups. The offenders’ cr imina l act ions a re genera lly
mot iva ted, in whole or in pa r t , by a specific bias. Some of the
more common biases a re those in viola t ion of federa l an d sta te
civil r igh ts laws.
7. Vict im assistance
The law enforcement officer ’s goa l is to a id the vict im
procedura lly, a s well a s emot iona lly.
a ) Procedura l a id to the vict im
(1) Be suppor t ive from in it ia l con tact th rough fina l
case disposit ion .
(2) Be nonjudgmenta l and a llow vict ims to ven t their
emot ions.
(3) Obta in the services of an in terpreter if the vict im
does not speak English .
(4) Provide emergency refer ra ls or direct a ssistance
a t a cr ime scene for medica l ca re, shelter , food,
cloth ing, and ch ild ca re.
(5) Arrange for appropr ia te secur ity measures to be
implemented to protect persons and proper ty,
including reloca t ion , increased law enforcement
presence, and/or rest ra in ing order .
(6) Provide preven t ion and precau t ionary advice.
(7) Provide in format ion on the cr imina l just ice
process.
b) Emot iona l a id to the vict im
(1) Vict ims of ha te cr ime exper ience a loss of
secur ity, t rust , and self-confidence with in their
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 61
In st r u ct or
own home and community. Their self-esteem is
grea t ly a ffected. As the r esponding law
enforcement officer , sensit ivity to the vict im must
be offered immedia tely. Assure the vict im tha t
the officer is there to help.
(2) The impact of ha te cr ime inciden ts goes fa r
beyond the individua l involved. Ha te cr ime
inciden ts leave a feeling of unrest and th rea t of
fu r ther violence with in a community. Th is may
lead to demonst ra t ions and disorder . Ha te cr ime
inciden ts have an impact on society as a whole.
Individua ls lose fa ith in the system. Cer ta in
groups a re isola ted which resu lts in
rein forcement of stereotypes. The responding
law enforcement officer must take in to account
the r ipple effect of ha te cr ime inciden ts. It must
be st ressed tha t if proper act ion is in it ia lly
adhered to, then community unrest may be
avoided.
NOTE: Re fe r to handout, “SBI Hate Crim e Inc ide nt
Re port.” De scribe and d iscuss w ith s tude nts .
8. The responding officer has an impor tan t role in reference to
ha te cr ime. Tha t officer represen ts the law enforcement agency
and how they handle the ca ll will deter mine the vict im ’s
percept ion of your agency.19
NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he
Publ ic - AHate Crim e s@ (5 m inute s ).
G. Address Confiden t ia lity Program
An Address Confiden t ia lity Program has been established in the O ffice
of the At torney Genera l.
1. Th is program is designed to protect the confiden t ia lity of the
address of a reloca ted vict im of domest ic violence, sexua l
offense or sta lking to preven t the assa ilan ts or poten t ia l
a ssa ilan ts from finding the vict im th rough public records. G.S.
15C-3.
2. A vict im who wants to pa r t icipa te in the ACP must file an
applica t ion with the At torney Genera l with the assistance of
employees of designa ted agencies or organ iza t ions tha t provide
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 62
In st r u ct or
counseling, refer ra l, shelter or other specia lized services to
vict ims of domest ic violence, sexua l offense or sta lking. G.S.
15C-2; G.S. 15C-4; G.S. 15C-10.
3. Upon cer t ifica t ion , the At t orney Genera l sha ll issue an Address
Confiden t ia lity Program au thor iza t ion ca rd to the program
par t icipan t with a substitu te address. G.S. 15C-4.
a ) ACP par t icipan ts (vict ims) a re responsible for
request ing Nor th Carolina agencies (includin g law
enforcement agencies) to use the address designa ted by
the At torney Genera l a s the subst itu te address of the
program par t icipan t . G.S. 15C-8.
b) When a program par t icipan t (vict im) submits a curren t
and va lid Address Confiden t ia lity Card to an agency of
Nor th Carolina (including law enforcement agencies),
the agency sha ll accept the address designa t ion on the
au thor iza t ion ca rd as the program par t icipan t ’s
subst itu te address when crea t ing a new public record
un less the agency obta ins a wa iver from the At torney
Genera l. G.S. 15C-8.
4. No employee of a sta te or loca l agency (including law
enforcement agencies) sha ll knowingly and in ten t iona lly
disclose a program par t icipan t ’s actua l address or telephone
number to a person known to the employee to be proh ibited
from receiving the actua l address or telephone number , un less
the disclosure is permissible by law. Th is applies on ly when an
employee obta ins the actua l address or telephone number
dur ing the course of the employee’s officia l du t ies and, a t the
t ime of the disclosure, the employee has specific knowledge tha t
the actua l address or telephone number disclosed belongs to a
program par t icipan t . Viola t ion is a Class 1 misdemeanor
pun ishable by a fine not to exceed $2,500. G.S.15C-2; G.S. 15C-
9.
5. Name change proceedings a re not requ ired to be published
when applican ts provide evidence they a re a vict im of domest ic
violence, sexua l offen se or sta lking, or a re pa r t icipan ts in the
ACP. Such records must be main ta ined separa tely from other
records and can be examined on ly by cour t order or the
applican t ’s wr it ten consen t .
H . What Are the Best and Most Appropr ia te Methods of Communica t ion
With the Public?
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 63
In st r u ct or
1. To be effect ive, an officer shou ld develop the skills of a
communica t ions specia list . Law enforcement work involves
being empathet ic and understanding with vict ims while
conduct ing wha t can be in t rusive and pa infu l in terviews. It
a lso involves being thorough bu t concise when expla in ing
procedures to family members. Communica t ion , dur ing in it ia l
response can instan t ly tu rn from car ing and understanding to
stern and in ter roga t ive when a suspect sudden ly re -appears on
the scene. The in terviewing officer must be ca refu l not to
appear to be conduct ing an in ter roga t ion when in terviewing a
witness.
2. Effect ive, professiona l officers must demonst ra te their ability to
communica te repea tedly th roughout the course of a workday.
Your ability to a r t icu la te your knowledge to the average person ,
whether they a re in the role of vict im, witness, suspect , etc.,
will determine your effect iveness as an officer . To become an
effect ive communica tor , one must be aware of both verba l and
nonverba l communica t ion skills and pract ice using them in day
to day conversa t ions.
3. “Police officers must keep in mind tha t a la rge major ity of their
day will be spen t dea ling with ca lls genera lly thought of a s
>rou t ine= or mundane. An officer ’s day can be filled with ca lls
involving medica l emergencies, family dispu tes, au to acciden ts,
ba rking dogs, etc. 20
Therefore, officers must remain aware of
their du ty to the cit izens to be a human resource for knowledge
concern ing a wide var iety of topics. Officers must remember
tha t cit izens ca ll law enforcement often as a la st resor t . They
want answers to quest ions or solu t ions to problems and they
expect the officer to be able to help them. If the officer leaves
the cit izen confused and frust ra ted because of a fa ilu re to
communica te, then they have fa iled to perform the du t ies of the
job adequa tely.
NOTE: Conduct practica l e xe rc ise , “Victim
Com m unication Role P lays .” (Re fe r to Ins tructor Note s )
III. Conclusion
A. Summary
In th is block we have discussed the rea l meaning of law enforcement
and community rela t ions. Law enforcement officers a re a pa r t of their
community and not a pa r t from their community.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 64
In st r u ct or
Reasons for effect ive communica t ion and communica t ion skills were
presen ted in the con text of effect ively assist ing an d providing
in format ion to the public and to vict ims.
Studen ts were given a chance to role play so they cou ld pract ice
differen t types of approaches law enforcement officers use in differen t
situa t ions.
As expla ined in the block of inst ruct ion , law enfor cement officers a re
service providers to the communit ies they serve. A fundamenta l pa r t
of any law enforcement posit ion is dea ling with cit izens, in many
differen t capacit ies. The bet ter you understand these differen t roles
and adapt to them, the bet ter officer you will become. Remember tha t
an officer must have the r igh t a t t itude for the situa t ion . Conduct must
be professiona l, eth ica l, and appropr ia te for the situa t ion .
Communica t ion skills must be used, and job knowledge must be
main ta ined.
NOTE: Show s lide , ARe vie w Train ing Obje ctive s .@
B. Oppor tun ity for Addit iona l Quest ions
C. Closing Sta tement
Cr ime often leaves the vict im in a gr ievous sta te of anguish and
despa ir . Under the st ress of the cr ime’s impact , the vict im is often
unusua lly vu lnerable. Th is combines to place the officer in a un ique
posit ion by which h is/her behavior may inadver ten t ly re -vict imize the
vict im or can con tr ibu te sign ifican t ly to the hea ling process of the
vict im. Vict ims judge an officer by the level of ca r ing shown as well a s
h is/her professiona l skills.
Because of the ext reme sensit ivity of the vict im, the purely
unemot iona l, st iff response cou ld have a debilita t ing effect on the
a lready dist raught vict im. Conversely, a simple cour tesy shown
becomes an act of per sona l kindness and ca r ing, a kindness the vict im
will remember . Thus, simple cour tesies con tr ibu te sign ifican t ly to the
hea ling process for the vict im and to restora t ion for the vict im ’s
emot iona l life.
Do un to others as you would have them do un to you .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 65
In st r u ct or
Th is block of inst ruct ion is dedica ted to the memory of
Lt. He nrie tta “Hank” Lane . Lt . Lane was one of the
au thors and past inst ructors of th is block. Her ta len t
and dedica t ion were eviden t in her work and will be
grea t ly missed a long with her .
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 66
In st r u ct or
NOTES
1 ADealing With Vict ims and the Public,@ Basic Law Enforcem ent Train ing
(Sa lemburg, NC: NC J ust ice Academy, 1993), 5.
2 ASpecia l Popula t ions,@ Basic Law Enforcem ent Train ing (Sa lemburg, NC:
NC J ust ice Academy, 1993), 8.
3 Ibid.
4 ADealing With Vict ims and the Public,@ 5.
5 Ibid., 5-6.
6 Ibid., 12.
7 N orth Carolina Manual 1993-1994 (Ra leigh , NC: Secreta ry of Sta te=s
Office), 599-647.
8 “If Cr ime St r ikes, Know Where to Turn for Help” (Ra leigh , NC: NC
Depar tment of Cr ime Control and Public Safety).
9 Dennis Debbaudt , Autism , Advocates, and Law Enforcem ent Professionals:
Recognizing and Red ucing R isk S ituations for People with Autism Disorders (London:
J essica Kingsley Publishers, Ltd., 2002), 118-121. 10
Ibid., 27, 121-122. 11
“Specia l Popula t ions,” Basic Law Enforcem ent Train ing, 44-47.
12 Ibid., 49-52.
13 Ibid., 52-53.
14 Ibid., 55-56.
15 Ibid., 33-35.
16 Ibid., 35-38.
17 APatrol Techniques.@ Basic Law Enforcem ent Train ing (Sa lemburg, NC:
NC J ust ice Academy, 1994), 51-53.
18 E . Lorra ine Snyder , Hate Crim e Reporting: Verification (Sa lemburg, NC:
NC J ust ice Academy, 1992), 11.
19 APatrol Techniques,@ 53-55.
Dea l in g Wi t h Vict im s a n d t h e P u bl ic
Ba sic La w En for cem en t Tr a in in g 67
In st r u ct or
20
Stephen M. Hennessy, Think ing Cop Feeling Cop (Scot tsda le: Leadersh ip,
Inc., 1995), 15-40.