The Importance of Victim Engagement in Holding Dangerous Offenders Accountable Donna Kelly, Senior Deputy District Attorney Justin Boardman, Retired SVU Detective

“An expert is a person who has made all the mistakes which can be made in a very narrow field.” – Niels Bohr, physicist

How can the criminal justice system improve customer service?

Justice System vs. Business System Different motivations Protecting life and property Profit-generating approaches Customers don’t want involvement Traumatic event Don’t want returning customers Customers must fit into system rules/protocols Rigid boundaries, won’t cross Customers always want involvement Calm, positive event Want returning customers Company bends, accommodates to make customers happy Train customer service

Important This may be the last time needed But leaves a lasting impression This information gets passed around Then that information influences others

Seeing the System through the Eyes of the Victim Have you ever been interviewed about a difficult subject? Try the “back of the courtroom” view of the process. What experiences in your life help you to empathize?

My “Baskin Robbins Moment”

Effective Strategies to Achieve Justice for Victims of Crime What Do Victims Want? Effective Strategies to Achieve Justice for Victims of Crime From the 1999 IACP Summit on Victims of Crime

When IACP asked, Victims Said: Safety. Access. Information. Support. Continuity. Voice. -- IACP Summit, 1999

“As a victim, I felt overwhelmingly powerless “As a victim, I felt overwhelmingly powerless. Part of my road to recovery was regaining that power. Information, wisdom and support aid in this process.” -- Lynn Finzel, violent crime survivor

Is your system trauma-informed from the beginning to the end?

PTSD and Victims 94 percent of victims have severe PTSD symptoms for 2 weeks 47 percent of victims have severe PTSD symptoms for 3 months Most common symptoms for SA/DV victims: Re-experiencing trauma Social withdrawal Avoidance behaviors and actions Increased physiological arousal characteristics Journal of Traumatic Stress Vol. 14, 2001

Things to Tell Victims “I’m so sorry this happened to you.” “We may not always agree on every issue. And, that’s OK. That’s normal.” “You will have an opportunity to be heard.” “I will always seek your input before making any important decisions in the case.” “What would you like to see happen in this case?” “Let’s take this case one step at a time.” “Tell me about how this has affected your life.”

What will help victims stay engaged? Ask them.

Trauma-Informed Customer Service Take the time to listen Take the time to get to know them Tailor service models Meet the victims needs What does Justice look like to them

Make the victim’s experience the center of the case.

Focus on powerful evidence of the aftermath Victims of stranger and non-stranger rape almost always sustain profound, long-lasting psychological injury. -- National Judicial Education project, 2010 Prosecutors should present . . . Who the victim was before the assault is not who the victim is now. -- NDAA sexual assault best practices, 2018 Focus on powerful evidence of the aftermath

Does anyone believe that the residents of this town just “made up” a story about a tornado?

The Aftermath for Victims Changes in personality Changes in everyday routine Fear and anxiety Steps taken to be safe The Aftermath for Victims

Erika video clip

The truth is a powerful thing The truth is a powerful thing. The pure, unvarnished, unapologetic truth Is an incredibly powerful thing.

Unsolicited Juror Feedback State vs Unsolicited Juror Feedback State vs. Anthony Murphy, Cache County Utah, 2019 “[Her] story was inconsistent. She didn’t seem to know the color of [an item of evidence]. Instead of making us think she was a liar, it convinced us that she was human and traumatized. Her testimony had not been well crafted. She had not been coached. Her previous testimony was never actually inconsistent. Details were added over time. That was totally consistent with our experience of retelling stressful events.”

Conduct Trauma-informed Direct Exams Prosecutors should consider using trauma-informed interviewing techniques, as they are most likely to elicit the most complete information. -- NDAA sexual assault best practices, 2018

Examples of trauma informed direct exam questions When he held you down, How did that make you feel? Tell the jury more about when you saw the knife. What were you thinking about when he locked the door? How did you react when he bit you? What did you see/smell/taste/feel/hear ? (I.e.., the five senses) Examples of trauma informed direct exam questions

Victims are often the best “expert” witnesses On Their Own Experiences

Kirby Video Clip

Is your victim prepared for the courtroom experience Is your victim prepared for the courtroom experience? -- Courthouse and courtroom preview -- Mindfulness techniques during testimony -- Plan for who victim would like to be in the courtroom -- Direct exam prep and mock cross exam

Always Remember

State vs. Robert Jones 7 Previous DV calls in 3 years (one Plea In Abeyance) Defendant came home high on meth and beat girlfriend in the head with his laptop computer and threatened to kill her Two small boys present during assault

9-1-1 call -audio

Trial testimony – Part 1

Trial testimony – Part 2

Benefits

Justin Boardman www. justinboardman. com justin@justinboardman Justin Boardman www.justinboardman.com justin@justinboardman.com (801) 231-0881 Donna Kelly dokelly@slco.org (801) 722-4761