Lethality Assessment Program

What is LAP?

11 question instrument used by first responders on a domestic violence call

Identifies victims of domestic violence who are at the greatest risk of being killed

Gets them out of harm’s way by immediate contact with domestic violence services.

Protocol

LAP used in cases of domestic violence between intimate partners when a first responder believes:

There has been an assault or other act of violence The victim faces danger once the first responder

leaves When the call is a repeat between the parties or to

the home When the first responder’s gut tells him the

situation is dangerous

Protocol

The victim is taken to a safe, private place The victim is asked the questions, simply

and in order If the victim screens as high danger First responder will advise victim that people

in her situation have been killed First responder will call 24 hour domestic

violence hotline

Protocol

First responder will give information to worker on hotline

First responder will encourage victim to speak with the hotline worker.

Victim speaks to hotline worker, hands phone back to first responder for instructions.

Protocol

Victim refuses to speak with hotline, first responder calls hotline anyway

Obtains safety plan and tries to get victim to give a phone number to hotline worker

Background

Developed by Maryland Network Against Domestic Violence

Using research from Dr. Jacqueline Campbell

Validated Danger Assessment ToolNow used in 100% Maryland

Jurisdictions30+ other states

Implementation

Police – domestic violence calls will take about 15 minutes longer

Domestic Violence Services- they must have a 24 hour hotline

Domestic Violence Services – must be prepared to take on more clients

Implementation

NEED HELP? MDNADV has training grants available

LAP AND THE PROSECUTION OF

DOMESTIC VIOLENCE CASES

Pitfalls of Prosecution

Victim makes police report Goes back to abuser in long span between

arrest and trial Refuses to appear Disappears Appears and refuses to testify Testifies that he/she cant remember or lied

to police officer

LAP Keeps Victims Engaged

Immediate counseling and/or shelter Available for interview soon after arrest Give prosecutor fuller picture of problem Answers on questionnaire bring on

discussion in initial interview with prosecutor and/or victim witness advocates

Bond Hearings

19.2-120 (A) Person shall be admitted to bail unless there

is probable cause to believe: Liberty will cause unreasonable danger to

himself or the public Victims answers on LAP can help convince a

magistrate or judge to set no bond LAP questions (1,2,3,4,5,9,11)

Bond Hearings

19.2-120 (B) Presumption against Bond for certain crimes

of Violence Defendant must rebut assumption to receive

bond

Bond Hearings

LAP helps to negate defendant’s case to overcome presumption against bond

History and characteristics of person (LAP questions 1,2,3,5,11)

Physical and mental conditions (LAP question 6,9) Employment (LAP question 8) Past conduct (LAP questions 1,2,3,5,9,11)

Bond Hearings 19.2-121 If bond is set, LAP gives ammunition to set

bond at a higher amount or give stringent conditions to bond.

Factors: Employment (LAP question 8) Person likely to obstruct or attempt to

obstruct justice Person likely to threaten, injure, intimidate

witness or victim. (LAP questions 1,2,3,4, 5, 11)

Trial

LAP may bring back the recanting witness If witness becomes reluctant to testify near

trial Remind her of answers on LAP Remind her of conversation with Advocates Show her pictures taken on the date of the

incident

Sentencing

Information on LAP helps prosecutors with sentencing decisions.

Problems identified in LAP give basis for probation conditions.

Request for longer jail or prison sentence

Sentencing 18.2-57.3 First Offender Treatment for

those charged with Assault and Battery of a Family Member.

LAP answers may give prosecutor better idea of victim situation and the advisability of recommending this disposition in lieu of jail time or probation.

Protective Orders

Emergency Protective Order 19.2-152.8 LAP can help LEOs show there is probable

danger of a further such act being committed by the respondent against the victim

Victim witness advocates find LAP helpful when going with victims to procure preliminary and permanent protective orders.

Questions?

Lori B. Galbraith Chief Deputy Commonwealth’s Attorney 307 Albemarle Drive, Suite 200A Chesapeake, VA 23322 757-382-3200