Interviewing Skills for Elders and Adults with Disabilities Senior District Attorney Investigator Jerry N. Villanueva County of San Bernardino

Skills and Techniques for the Interviewer

Know your victim … “ deserving of special consideration and protection …”

California Penal Code Section 368(a) (a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protection provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and …..

Continued … Therefore LESS ABLE TO PROTECT THEMSELVES, TO UNDERSTAND OR REPORT CRIMINAL CONDUCT, OR TO TESTIFY IN COURT PROCEEDINGS ON THEIR OWN BEHALF.

Therefore … State Legislators have given us our lead! Let ’ s not lose this opportunity! Educate yourselves to the special needs and abilities of your victim! Educate yourselves as to how you can better communicate with your victim! Educate yourselves to how special and deserving your victim ’ s truly are.

What will we learn? How to “ prepare ” for the interview. Issues to be addressed “ before ” the interview begins. Conducting the “ Mini-mental ” exam. Conducting “ The Interview ”. Issues to be addressed “ after ” the interview.

Let ’ s get started! In a perfect world …

Preparing for “ The Interview ”

Know the facts … (not just the crime) Develop an understanding of the case and the role of each individual mentioned and how that person impacts the life of your victim. Respect the fact that the victim may still believe that the suspect is innocent, made a mistake, couldn ’ t help themselves, etc.

Know your victim … (Family and Care Provider) Know the relationship with the victim? Be sure to ask the victim if they want the care provider or family member present? Why have someone present when the victim doesn ’ t want them there?

Know your victim … (Personal and Medical needs) What personal items “ might ” the victim need during the interview? What items of “ comfort ” might the victim need during the interview? What “ special ” communication devices, items, etc. will the victim need?

Know your victim … (Documents) Police reports APS reports Medical reports Regional center Bank statements Credit report

Have your questions prepared Our victim ’ s have already been “ victimized ” by the suspect (let ’ s not do it again) Consider the fact that the victim has been preparing for “ your ” interview from the moment they learned of it. Respect your victim by being “ prepared ”.

Have all your Documentary Evidence Be able to present to the victim each piece of evidence that will be needed? In a manner that is not confusing to the victim. In a manner that will not bring discomfort or embarrassment to the victim.

Meeting the victim …

Get to know your victim … Introduce yourself Ask their permission to touch. Ask the victim how they prefer to be addressed? First name? Last name? Explain the interview process. Talk about yourself. Ask what interests they have? Be sincere

“ Know your victim ”… Spend time getting to know your victim. More than one interview is acceptable. More than two interviews is acceptable. Three? Consider a “ social visit ” ? What ever it takes.

Understand and accept … Victims are often embarrassed or ashamed. Many victims are afraid to ask for help. Victims may be in denial. Victims may be protective of their privacy.

Continued … Victims may be afraid to speak out, fearing … If they speak out they will lose their independence, and may be placed in a “ home ”. Victims already in a hospital or nursing home may fear displeasing staff, or being discharged if they report abuse.

Elders vs. Dependent Adults? Take your time.

Mentally Competent Elders? Easier to interview because … Easier to “ get along with ”. More than likely they “ want ” your help. They are more willing to help you. They typically have better communication skills. In general, they make better witnesses.

Mentally Incompetent Elders? Tougher to interview … Unsure of victim ’ s physical reaction to questions? Unsure of victim ’ s answers? Difficult to understand or make sense of answers. Often unable to efficiently communicate.

Dependent Adults? Toughest to interview? (Not really) Depending upon the victim ’ s disability, this may not always be the case. Victim may be very competent mentally, yet, the physical disability makes communication difficult. Communication is possible. You won ’ t know unless you try.

Before the Interview begins …

One more time.. Introduce yourself and explain to the victim what you are doing and why. Answer any questions they may have about the process. Tend to the victim ’ s personal needs. Evaluate the victim ’ s present mental and physical abilities. Introduce all others in the room.

Insure the victim that their own comfort, health and well being are the most important thing to you. If the victim becomes upset, uncomfortable, scared etc. STOP. If at all possible, reassure the victim and continue with the interview.

Conducting the “ Mini- Mental ”

Hints … Be patient during the interview by allowing the victim time to: Hear the question Process the question Prepare an answer Respond

More Hints … Be professional Be kind Be courteous Be helpful Be respectful Make them believe you are actually all of these things (even if you are not)

Mini-Mental Exam Mini-Mental assessment to be conducted in (3) Parts (A) Long term memory (B) Short term memory (C) Current events

Long Term Memory Clarify these issues NOW. Does your victim use glasses? Can your victim read? Can your victim write? Can they sign their name? Do they need a Hearing aid?

Long Term Memory This is the time to begin proving your trustworthiness to the victim. (Just like the suspect) This is where you begin to relate to the victim. (Just like the suspect) Allow them the opportunity to “ talk ”. (Just like the suspect)

Long Term Memory Be interested Be sincere Be excited Be attentive Be respectful Ask questions Show interest

Sample questions Talk to the victim about their life? Ask the victim about their hometown? Ask the victim about their jobs, careers, military service etc. Ask the victim about their education? Move the victim from the past into the present …

Short Term Memory Beginning the Mini-Mental This is the time to use a lot of “ Tact ” Questions can be insulting to victim Questions can be threatening to victim Be cautious and aware of changes in the victim ’ s demeanor Be prepared for victim ’ s anger, frustration and wrath!

Current Events “ The Interview ” Preface with Crime report number etc. Ask the victim if they remember filing the report? If not, help refresh their memory by walking them through the “ Face Sheet ” Read the name of the suspect and ask about their relationship

Ask the same questions you would normally ask … However, be prepared to ask the “ same question ” in a different manner, depending upon the abilities of your victim.

Show the victim the evidence (checks, documents, photos etc.) Allow the victim time to review. Once again, be prepared to receive and document the answer in a “ different manner ”, depending upon the abilities of your victim.

Ending “ The Interview ” Be prepared for questions from the victim. (if they don ’ t remember) Be prepared for questions from the victim. (if they DO remember) Be prepared to defend your position re: the need for prosecution. Help the victim understand why we need their help.

Offer the victim … Reassurance of how well they did. A contact number in case the victim remembers other important facts at a later time. Remind the victim about the “ process ” and what they can expect to happen next.

Your Equipment Video camera Tripod Audio recorder Boom Microphone Extension cord Power strip Batteries Notebook Pens Felt tip markers Posse Box (hard writing surface) Magnifying glass Radio Shack hearing amplifier

Meeting the “ Human Requirements ”

Remember what your mother taught you …

Treat People the way you would want to be treated!

Contact Information Jerry N. Villanueva 412 W. Hospitality Lane #300 San Bernardino, CA (909)