OVC-ARC Riverside Online Professional Training Conference 9/9-9/29 2004

WORKSHOP INFORMATION FOR CEU CREDIT

When The Crime Victim Has A Disability
Nancy O'Malley, LL.D.

Description:
The workshop will provide a basic overview of the criminal justice process.
 The workshop will explore the law enforcement response and the role of the
prosecutor.  It will briefly discuss various types of developmental
disabilities: characteristics, potential limitations, abilities of persons
with disabilities, statistics of the crime types being committed against
persons with disabilities and perpetrator profiling. The workshop will
discuss trial and witness preparation, developing corroborating evidence to
support the statement of the crime victim, selecting the "right jury" for a
case where the crime victim has a disability and effective presentation and
proof of the case.

Curriculum Outline
   1) Introduction
     a) Under-reported, under-investigated, under-prosecuted
     2) Basic Overview of the Criminal Justice System
     a) Roles of:
     i) Care-givers
    ii) Mandated reporters
   iii) Law enforcement
    iv) prosecution
   3) Federal Definition of "Disability"
   4) Statistical Overview
     a) Who are the victims
     b) Who are the perpetrators
     c) What are the common types of crimes being committed against persons
        with disabilities & being reported to law enforcement
   5) Types of Disabilities and Common Characteristic Overview
     a) Intelligence
     b) Communication
     c) Sensory
     d) Motor
     e) Social
     f) Psychiatric
     6) Myths and Misconceptions
     7) Corroborating Evidence
     8) Witness Preparation
     a) Interview techniques
     b) Communication Techniques
     c) Ancillary Tools to Aid in witness communication and preparation
     9) Picking the "right" jury & effective presentation of evidence
     a) Support for the crime victim with disabilities
     b) Use of expert witnesses
     c) Use of Victim-Witness and other Advocates
     d) Sentencing


Training Objectives

Through the workshop, the training objectives will include the ability of
the participant to understand the nature and procedures of the criminal
justice system so as to have a clear understanding of the process.  This
objective is important in that the criminal justice system has very clearly
defined rules, roles and intended outcomes that, once known, can alleviate
misunderstandings about the parameters of the criminal justice system.  The
objective includes the roles and possible limitations on those
professionals involved in the criminal justice system.

Another training objective   is for the participant to gain a better
understanding of the high incidence of crimes committed against persons
with disabilities so as to be more realistic and prepared for an
appropriate response when such crimes are committed and reported.  The
objective shall dispel any myths or misconceptions as to who are the
perpetrators of crimes, as well as exposure to the more commonly reported
crimes committed against persons with disabilities.  The objective will
expand the knowledge base of those professionals who will ultimately be
involved in either the detection, the reporting, the investigation or the
prosecution of crimes against persons with disabilities.

A training objective will be to educate the participant as to common
characteristics of various disabilities so that the participant is aware of
the potential abilities, the potential limitations and the potential
hurdles in working with a crime victim who has a disability.  The objective
is designed to expand the knowledge base of the participant so that the
participant has a realistic working knowledge of how to best communicate
with and present evidence in a case.

As training objective will provide guidelines for professionals involved in
the investigation and prosecution of crimes against persons with
disabilities so as to encourage and prepare for a more effective and
efficient presentation of evidence.  This objective shall include
guidelines for selecting and educating the "right" jury-a jury sensitive to
and unbiased towards persons with disabilities.  The objective shall
include ways to identify and develop corroborating evidence to support the
testimony of the crime victim, and in a legally limiting way, to be a
substitute for the crime victim's testimony.  The objective will provide
alternative ways to present evidence in the most effective manner for a
successful result.

A training objective will provide the professional with tools to better
communicate with the crime victim with disabilities, include building a
rapport with the crime victim and the crime victims' support system, ie:
parents, caregivers, partners.  The objective will present and suggest
effective means of general communication as well as "interviewing" the
crime victim with disabilities.  Lastly, the objective will assist the
professional in successfully obtaining and presenting testimony in court
from the crime victim with disabilities.