Transcript Elder Abuse Prosecution - Disability and Abuse Project

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 “MiniMental”
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. 92415
(909) 891-3337
[email protected]