Building Bridges Through Understanding the Impacts of Trauma Presenter: Trudy Gregorie, Senior...

Building Bridges Through Understanding

the Impacts of Trauma

Presenter: Trudy Gregorie, Senior Director

Justice Solutions, Washington, DC

Discussion Leader: Shannon Wight, Associate Director

Partnership for Safety and Justice,

Portland, OR

Special Guest: Adela Barajas, Director

L.A.U.R.A., Los Angeles, CA

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Research Findings (BARJ, Florida Atlantic University)

4 focus groups held regionally across the U.S.

9 victims of violent crime & 7 victims of property crimes

20 juvenile court judges Allied juvenile professionals (including

public defenders, prosecutors, corrections professionals, and victim advocates)

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Findings Relevant to Victims

For virtually all victims, the juvenile court/JJS experience was negative

Victims were nearly unanimous in dissatisfaction with the court process:

Felt lack of respect & little acknowledgment

Thought victims should be treated as “clients” of JJS

Justice Solutions 2005 4

Findings Relevant to Victims

Felt JJS professionals had lack of understanding about victimization

Reported lack of understanding of court process & received little information

Most less interested in punishment than in accountability, especially for restitution

Most expressed strong interest in offender rehabilitation & offender treatment programs

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Findings Relevant to Victims

Cited “information about the case” as most important

Cited “being heard” and “having input” as equally critical

Very open to more “creative” justice practices (long as participation is voluntary)

Thought more creative alternatives to traditional court processes needed

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Findings Relevant to Judges

General consensus — victim is client of the JJS & has some role in juvenile court

Many expressed feelings of helplessness in responding to victims’ needs (largely due to lack of coordination)

Unanimously reported low rates of victim involvement

Some viewed court processes & management as primary cause of victim dissatisfaction

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Findings Relevant Judges A few felt victims did not belong in court

as they’re incapable emotionally of rationally participating in the process

Nearly all thought victim access to reliable information about their cases was important; generally wanted to increase openness of court processes

Consensus — improvements needed in victim notification, restitution, participation, & victim impact statements (core victims’ rights)

Why Should Juvenile Justice Care About

Crime Victims?

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Why Should Juvenile JusticeCare About Victims?

A lot of common ground: “Best interests of the child” includes helping

them understand impact on their victim, community & others

“Best interests of the child” includes helping them be accountable for the harm they have caused

Victimizers were often past victims Addressing victimization issues also impacts

the cycle of violence

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And What About the Victim?

Felt alienated from juvenile justice processes

The perceived “cloak of secrecy” was upsetting

Victims didn’t (and in some cases, still don’t) understand the juvenile justice system

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And From the Perspective of the Victims’ Rights Field?

Way busy trying to fix the criminal justice system Virtually ignored the juvenile justice system until

the early 1990s

Victims’ rights and services in juvenile justice were, for the most part, non-existent

Juvenile violent crime started rising across the nation…..

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We Started Paying Attention…

1994: “Report and Recommendations on Victims’ Rights and Services in the Juvenile Justice System” “Victims of crime should not be discriminated

against simply because of the age of their offenders” (Sharon English, CA Youth Authority)

Began with juvenile corrections, then expanded to probation and courts

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We Started Paying Attention…

1996: Restorative justice came along Offender accountability Competency development A “victim-centered” approach to juvenile justice

1997: Office for Victims of Crime and National Council of Juvenile & Family Court Judges partnership

1999: BARJ research 2005: “Impact of Crime on Victims” project

sponsored by OVC, USDOJ

Posttraumatic stress disorder

Problem drug use

Property offending

Violent offending

Domestic violence offending

Domestic violence victimization

Violent victimization

0 10 20 30 40 50

Adolescent Victims and Nonvictims of Violence: Percentage Expected To Experience Adult Problem Out-

comes

Victim in adolescence

Nonvictim in adolescence

Percentage

From Menard, 2002

The Mental Health Impact(National Survey of Adolescents)

Major depression Suicide ideation Higher rates of drug/alcohol consumption,

and a greater likelihood of having alcohol- and other drug-related problems.

Post-traumatic stress disorder (6.2 times more likely to develop PTSD than non- victims)

Sexual Assault and Post Traumatic Stress Disorder(National Survey of Adolescents)

Lifetime prevalence of PTSD

Lifetime Prevalence of Substance Use/ Abuse

Lifetime Prevalence of Delinquent Acts

Adolescent males, sexually assaulted

28.2% 34.4% 47.2%

Adolescent males, non-sexually assaulted

5.4% 9% 16.6%

Adolescent females, sexually assaulted

29.8% 27.5% 19.7%

Adolescent females, non-sexually assaulted

7.1% 5.4% 4.8%

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The Cycle of Violence

“When children grow up in violent homes, they must find a way to preserve a sense of trust in people who are untrustworthy, safety in a situation that is unsafe, control in a situation that is terrifyingly unpredictable, power in a situation of helplessness.”

-- Dr. Judith Herman

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Concerns Unique to Victims of Juvenile Offenders

Shock, vulnerability and trauma may be enhanced due to the age of the offender

Victim vulnerability may be increased when the victim knows the juvenile offender

Victims of juvenile offenders may “generalize” about youth.

May hesitate to report feelings of fear, or articulate the need for protection

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Concerns Unique to Victims of Juvenile Offenders (cont.)

Confidentiality protections contribute to victim fears and frustration

Likelihood of receiving full restitution decreases with the age of the offender

Limited participatory rights for victims Parental liability

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Important Considerations for Victim Impact

Victims are asked often to participate in justice processes when they are likely to be most traumatized: At the crime scene Police lineups Facing the alleged offender in court Sentencing hearings Parole hearings

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Important Considerations for Victim Impact (cont.)

The justice process can be very intimidating for victims Often don’t understand their role, and what is going

to happen Victims basic expectations:

“Being treated with respect.” “Being acknowledged as someone who has been

hurt by crime.” “Receiving information about the case.”

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Common Immediate Trauma Reactions: During the Crime

Shocked, surprised, terrified Have feelings of unreality; think it can’t be

happening Have high levels of physiological anxiety

(e.g., rapid heart rate, rapid breathing) Have cognitive symptoms of anxiety (e.g.,

feel helpless and terrified)

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Common Short-termTrauma Reactions

High anxiety Preoccupation with the crime May or may not look distressed Anger Disturbed concentration Concerns about safety Sleep disturbances Concerns about who to tell Concerns about being believed, and not being

blamed

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Immediate- and Short-term Trauma Reactions: Examples of Distress

Preoccupation with the crime Concerned about their safety and that of their

loved ones Concerned that they will not be believed, and

be blamed Negative changes in belief systems Chronic trauma evokes feelings of never

knowing when the next attack will occur

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Long-term Trauma Reactions

Major depression Thoughts of suicide and suicide attempts Use/abuse of alcohol and other drugs Ongoing problems with relationships Anxiety disorders Changing view of the world as “a safe place” Increased risk of further victimization

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Other Long-term Trauma Reactions

Acute Stress Disorder

Post-traumatic Stress Disorder (PTSD)

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Theory and Victim Trauma

Stress theory: developmental, chronic/occupational, and acute

Classical conditioning Avoidance (sometimes including avoidance

of helping professionals) Generalizability (about persons and events

that remind them of the offender and crime)

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Victim Trauma TheoryClassical Conditioning

Occurs when a neutral stimulus is paired with a stimulus that produces a particular response

Violent crime victimization is a “real life” classical conditioning experience – the attack is an unconditioned stimulus that produces negative emotions (which are “conditioned stimuli”)

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Possible Conditioned Stimuli

Characteristics of the assailant Characteristics of the crime setting Seeing the assailant in court Testifying about the details of the crime Even helping professionals can evoke

negative emotions in the victim

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Victim Trauma TheoryAvoidance Behavior

This is the most common response to crime-related conditioned stimuli

Victims may avoid contact with and try to escape from situations that remind them of the crime, and they may: Not want to testify Not return phone calls Not respond to contacts from the court or

probation agency

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Victim Trauma TheoryAttribution Theory

Individuals have a compelling need to understand their experience: They are constantly interpreting and

attaching meaning to environmental events How victims view the criminal event, and

how the event is interpreted by the justice system, contribute to a cognitive coping process that can help them regain a sense of control in their lives

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Victim Trauma TheoryEquity Theory

Focuses on: The amount of harm suffered by victims The extent to which they are angry and distressed The degree to which they have been treated in an

inequitable fashion

Can be addressed by: Fair treatment Referrals to services The degree to which the assailant is held accountable

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REMEMBER:

Not all victims endure significant trauma in the aftermath of crime

The range of reactions often depends upon pre- and post-victimization factors, and factors related to the crime

An immediate and ongoing sensitive response always benefits victims!

2010 DCVAA 37

Long TermCounseling

Immediate Empathic Response

Information About: - Resources to help (services & rights) - Options for help(services & rights)

Referrals to: - Victim Assistance - Crisis Intervention - Other supportive services

Short-TermCounseling & Support

Most Serious

Crimes

Less Serious Crimes

LightBaggage

Heavy Baggage

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Types of Crime Victims Most Likely to Need Mental Health Counseling

Pre-victimization Factors: No consistent finding with respect to

demographic characteristics Prior victimization history increases trauma

following a new crime History of prior mental health problems

increases trauma following a new crime, particularly history of PTSD or major depression

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Types of Crime Victims Most Likely to Need Mental Health Counseling

Crime Factors: Life threat and injury increases risk Violent crimes vs. property crimes

Post victimization Factors: Poor social support Degree of exposure to the justice system

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In Addition to the Mental Health Impact of Victimization:

There can also be:

Physical impact

Financial impact

Spiritual impact

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The Physical Impact of Victimization

Physical injuries (from minor to catastrophic)

Insomnia Appetite

disturbance Lethargy Headaches

Stomach aches Muscle tension Nausea Decreased libido (Physical injuries

often affect emotional and psychological responses)

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The Financial Impact of Victimization

Costs of medical and mental health services

Repairing property or replacing possessions

Higher insurance premiums

Participating in the justice system (child care, attending the trial, etc.)

Taking time off from work

Funeral or burial expenses

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The Spiritual Impact of Victimization

Questioning one’s faith: Feelings of anger, hatred and/or betrayal Is there a “just God”?

Reliance on one’s faith to cope Search for spiritual answers to deal with grief

and trauma Addressing specific faith issues such as

“forgiveness”

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The Spiritual Impact of Victimization (cont.)

Multi-faiths must be recognized and respected: Christianity Judaism Islam Buddhism Hinduism Native American

With efforts to understand basic premises of each faith

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Victims’ Most Salient Needs

Crisis response Information about

victim compensation Information about

JJS-supported and community-based victim services

Description of JJS “jargon”

Information about JJS & processes relevant to victims

Information about case & offender status

Guidance in VIS Information about

offender’s FLOs

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Basic Crisis Intervention with Crime Victims

Make contact with the victim Provide information regarding what will

happen next and why Interview the victim and identify his/her

needs resulting from the victimization Develop a plan of action to meet those

needs

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Interview Victim for Basic Assessment of Needs:

Type of crime and/or other victimizations Immediate and long-term emotional impact,

as well as any psychological disturbances (e.g., nausea, headaches, and insomnia)

Immediate and lasting physical injuries Financial losses (and whether or not these

were recovered)

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Interview Victim for Basic Assessment of Needs (cont’d):

Experience with criminal/juvenile justice system

Need for assistance in overcoming problems created by the crime

Awareness of existing service agencies; use of and satisfaction with their services

Availability and helpfulness of informal support networks

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Practical Application forVictim Outreach

Recognize each victim as an individual who was harmed by a crime: Each case and each victim are unique

Have a basic understanding of victim trauma so you can make referrals, if needed

Help the victim identify basic needs

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Practical Application forVictim Outreach (cont.)

Explain the justice process and, to the degree possible, what is going to happen

Explain and validate the victim’s important role in justice processes

Provide assistance with completing victim compensation applications

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Practical Application forVictim Outreach (cont.)

Notify victims of the case and offender status, and location of the offender

Solicit victim impact statements that address mental health and impact issues

Identify any needs or concerns related to personal safety: Actual and perceived needs/concerns Provide referrals for safety planning

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Practical Application forVictim Outreach (cont.)

Help the victim document financial losses: Make sure that the offender’s financial/legal

obligations are recognized by the court Be prepared to provide referrals for victim

assistance, counseling, and other supportive services

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Practical Application forVictim Outreach (cont.)

Collaboration among local agencies and community-based victim services is essential! Identify and fill gaps in assistance Avoid duplication of services Create a justice “system” that truly is one

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Core Victims’ Rights: Notification

Considered the “threshold” right The five “W’s” of notification:

Who? Where? When? Why? What are my rights and services?

Follow-on is critical

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Core Victims’ Rights: Victim Impact Statements

Put a face to the victim Give “the other side to the story” Help victims focus on losses and problems

they have endured Make victims feel like “the system cares

about them” Helpful in offender case management

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Model Victim Impact Statement

Describe offense and impact Emotional impact Physical impact Financial impact

Safety concerns (including protective orders)

What do you want to happen now? Victim/offender programming Recommendations for community service Anything else? Notification options

VISExercise

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Core Victims’ Rights:Protection

Actual versus perceived fears Identify safety and security concerns

through victim impact statements What can we do to address these

concerns? Referrals to safety planning Victim support referral

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And the Challenges of Confidentiality…….

Not “what can’t we tell the victim?,” but “what can we tell the victim?”

Important how this information is imparted Relates to victims’ feelings of safety and

security Figure out what victims want to know:

Offer insights into programming for youthful offenders

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Core Victims’ Rights:Restitution

Restitution must be a priority and first in line of legal/financial obligations

Not punishment, but accountability “The offender can’t afford to pay….” (but

can the victim afford it?)

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Restitution and Victims’ Concerns

Failure to enforce contributes to victims’ frustration with the system

Sentimental losses = emotional losses Some losses end victims’ “connections to the

world” “Minor” losses may be major Tenet of offender accountability Increases victim satisfaction

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Core Victims’ Rights:Victim Compensation

Victims of violent crime are eligible for compensation to help pay for costs associated with the crime

Nationwide, one-third of compensation claims are for child abuse victims

Juvenile justice professionals need to advice victims about compensation: www.nacvcb.org

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Mission of Juvenile Court on Victims’ Rights (Pima County, AZ)

“To treat victims with fairness, respect, and dignity, and keep them from intimidation, harassment, or abuse throughout the juvenile justice process: To promote communication between victims

and the Court. To ensure that victims are informed of their

rights & given opportunity to exercise their rights.

To help protect victims from any further loss or injury.”

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NCJFCJ Nine Critical Elements for a Comprehensive Victim Service Program

1. Complete understanding of state statutes

2. Complete understanding of the operations of juvenile/family court

3. Knowledge of whom is responsible for implementation of statutes

4. ID personnel who support victims’ rights

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NCJFCJ Nine Critical Elements for a Comprehensive Victim Service Program

5. Determine role of VSPs

6. Referral of victims to VSPs

7. Development of services for victims & training for staff

8. Participation in various committees

9. Program development & program evaluation

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Creative Dispositions

Restorative community service Visible and viable Partnerships with victim service agencies Examine every community service placement for

applications to victims Seek opportunities to celebrate victims’ rights and

educate youthful offenders “Hours served” versus “years served” as an

indicator of success

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Other Creative Dispositions

Offender apologies Re-thinking the process Policies that address victims’ concerns Victim-sensitive correspondence and involvement Classes for offenders

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Victim/Offender Programming

Victim impact panels and victim awareness classes

Victim-offender mediation or dialogue Community conferencing Opportunities through juvenile offender

reentry initiatives Victim-centered approaches Victim involvement from the beginning….

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Other Creative Approaches

Victim Advisory Councils Victim satisfaction surveys Focus groups of crime victims and juvenile

justice professionals Partnerships with victim service

professionals

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Partnering with Victim Services

Continual cross-training Development of victim information

resources Community service that benefits victims

and those who serve them Identifying victim services:

Office for Victims of Crime On-line Directory www.ovc.ncjrs.org/findvictimservices/

www.navaa.org (statewide links)

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Victim Assistance Programs:Community-based

Rape crisis centers Domestic violence programs and shelters Homicide support groups Drunk driving victim assistance programs Children’s Advocacy Centers Elder protection programs Interfaith-based victim assistance programs

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Victim Assistance Programs:System-based

Law enforcement Prosecution Courts Probation Parole Corrections Attorneys’ General

offices

State victim compensation programs

State VOCA administrators who oversee Federal funding for victim assistance

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Victim Assistance Programs:State Coalitions and Associations

General victim assistance coalitions Sexual assault Domestic violence Staff offices of MADD State associations of victim/witness

professionals State offices of Adult Protective Services State offices of Child Protective Services

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Victim Assistance Programs: National Coalitions & Associations

Address a wide range of crime victim, criminal justice, juvenile justice and public safety issues

Many have toll-free information and referral numbers

Most have web sites with helpful information for victims

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Tips for Partnering

Find a good “gatekeeper” to victim services Learn about key players and meet with

them Work with coalitions Engage victims/survivors and advocates in

a serious advisory capacity

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Why Should Juvenile JusticeCare About Victims?

Victims do care! They care about prevention They care about the offender’s future They want to have input into what happens

to offenders They need & have a right to know about

their risks Inclusion of victims provides basis for

excellent public relations & community outreach opportunities

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Why Should Juvenile JusticeCare About Victims?

When victims are treated with respect & afforded basic rights, relationship becomes one of advocate as opposed to adversary

When victim connections are made, they are more likely to: Report crimes to police Attend hearings and proceedings Be open to less prohibitive dispositions

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Why Should Juvenile JusticeCare About Victims?

Victims add to the JJS in that they can: Be volunteers Advise on victims’ rights & services Provide guidance in program development Assist with legislative initiatives Help with fundraising for victim-related

programming

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Lessons Learned?…..

Doesn’t have to be “us and them” Victims should be viewed as an opportunity,

and not just an obligation Proactive involvement of victims and

advocates lessens the likelihood of reactive involvement

The juvenile justice system has, in many jurisdictions, risen to the occasion of victim assistance

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Lessons Learned?…..

“Children have never been any good at listening to their elders,

but they have never failed to imitate them.”

- James Baldwin

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Justice Solutions Resourceswww.justicesolutions.org

“Articles and Publications” Victim Impact Statement Resource Package Sample Conditions of Community Supervision Documenting Losses for Restitution Restorative Community Service Offender Apology Package

Office for Victims of Crime, USDOJwww.ovc.gov

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For More Information……

Trudy Gregorie

tgregorie@justicesolutions.org

Interactive Discussion

Discussion Leader: Shannon Wight, Associate Director

Partnership for Safety and Justice,

Portland, OR

Special Guest: Adela Barajas, Director

L.A.U.R.A., Los Angeles, CA