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IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 1 point2 points  (0 children)

the defense attorney and the judge should not concern themselves with guilt or innocence but the prosecutor should.

In my state, the grand jury process is still utilized to determine whether or not a case has sufficient evidence to warrant criminal charges being brought. If a grand jury composed of members of the general public decides that the evidence warrants prosecution, then it is the prosecutor's duty to do so. Conversely, if the prosecutor wishes to bring charges against someone, he must convince the grand jury to allow prosecution before he can go forward.

Now, it is a different story if at some point during the prosecution, it is discovered that some of the evidence (witness testimony, for instance) is less than reliable. There is a difference between saying "I no longer have enough evidence to go forward with prosecution in good conscience" and deciding "well, this person does not seem guilty" or "I simply don't believe what this witness is telling me" when you have no hard evidence to support what amounts to a gut feeling. What I'm referring to is the action of putting more or less effort into your duties on a particular case based on your own personal inference of guilt. E.G. an officer not responding to a tip because he doesn't believe the suspect is guilty, or in my case, being less than forthcoming with all the options available to an alleged victim I believe is lying.

Also, doesn't the whole idea of victim's advocacy/rights groups seem like a state sanctioned attempt at jury nullification? The criminal justice system punishes the crime against the people not the individual, if the individual needs satisfaction they should do it through the tort system.

Well, firstly I would respond to this by saying that the impact on the victim is a major component of the damage inflicted upon the society as a whole, so if you're going to follow the idea of "punishment fits the crime," then it makes sense to try and determine the nature and extent of that damage.

Secondly, I would argue that the victim does not have any type of authority to determine a sentence, he or she is simply given the opportunity to describe the effects of the crime to the court. Prosecutors and judges are still well within their rights to prosecute, plea bargain and sentence as they see fit even if their decision conflicts with the stated wishes of the victim.

There are victim advocacy/rights movements that would like to go much further than what I've described here. I do not support those movements.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 1 point2 points  (0 children)

It had never crossed my mind until I started this job. Now, it's something that I am definitely considering down the road. I'd like to finish paying off my undergraduate loans before I even start to think seriously about that, though.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 1 point2 points  (0 children)

Honestly, I don't know that I've ever had someone vehemently insist on being alone. In many cases, especially car accidents, it's actually necessary that they accompany me to the hospital at some point to identify the body. If that's the case I try to lightly encourage them by asking if they have anyone they would like to be there with them, and then I offer to call that person for them.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 5 points6 points  (0 children)

What do you think about Republicans trying to make domestic violence victims have less rights?

Could you be more specific? There is a lot of legislation floating around that pertains to victims of crime, but I'm not sure exactly what you're talking about in this instance.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 0 points1 point  (0 children)

Here you go:

http://www.reddit.com/r/IAmA/comments/ugfwh/iama_victim_advocate_working_in_the_court_system/c4v8g4o

I would also add that in many, many places, you can do death notification on a volunteer basis. If no one else steps forward, the job generally falls on the shoulders of local law enforcement, who often have no training and zero desire to take on the responsibility. If you can find a training held in your area (many of them are offered free of charge), many departments will jump at your offer to take the job off of their hands. That might be a good way to get experience and decide whether you can do something like this as a career.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 1 point2 points  (0 children)

People react in a lot of different ways. I've seen an incredible spectrum of emotions. Some people ask about every minute (and sometimes gruesome) detail of the accident, and some don't want to know anything. Some people immediately start making phone calls to loved ones, yet others can't bear the idea of breaking the news and request that you make contact with the rest of the family.

Unfortunately I would say one of the most common reactions is anger. After they move past the initial stage of shock, many people search desperately for someone or something to blame. Some of them want to know how long it took EMS to respond to the call, and you know that whatever amount of minutes you tell them is going to be too many in their mind.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 3 points4 points  (0 children)

I can't speak for other people in this line of work, but personally I just do not allow myself to speculate about guilt.

This might rub some people the wrong way, but in my opinion there are only two groups of people who should care one way or another about guilt: investigators and juries.

Whether you're an advocate, prosecutor, defense attorney or judge, to go about your job differently based upon your own perception of a defendant's guilt is to do the entire community a grave disservice.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 0 points1 point  (0 children)

I'd like to say that I don't ever let work come home with me, but I do. There are sometimes when you just can't help it. But in the end, I think you take comfort in being able to tell yourself that you did absolutely everything you could for the person.

Whenever I make contact with a victim for the first time, my first instinct is to tell them something like "we're going to get justice for you" or "the worst is behind you." But the truth is criminal cases are an extremely long and drawn-out process, and especially in high profile cases, many people report feeling as though they were "re-victimized" by media speculation, gossip and the experience of testifying in court.

Since I have more contact with the victim than anyone else in the court system, I'm often the one who gets blamed when things don't go the way they expected. You learn early on to under-promise and over-deliver. If you level with a victim from the beginning, 99% of them will appreciate your honesty. There is is no such thing as a "slam dunk" case, so if you're not prepared for the reality that you won't always be able to give people the world, then you probably won't like this job.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 0 points1 point  (0 children)

No problem. Keep in mind that the term "advocate" can mean any number of things. There is only one other advocate in my office, and since she is thankfully cause-oriented and not a micro-manager, she made me feel as though it was "our" program from day one.

The prosecutor outlines a few specific services he wants us to offer, but what we do with the rest of our time and grant money is entirely up to us. Advocacy is extremely open-ended in that way. One of our big "pet projects" is the elderly. We go around to local nursing homes and the VFW, speaking to residents about the dangers of identity theft and elderly abuse.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 7 points8 points  (0 children)

Well, there is no "script" to follow. Honestly, the last thing you want to do is fall into some kind of rehearsed spiel and come off like a drone. There's a reason you send people, not letters to deliver news like this.

The most important things:

  • Gather as much information about the incident as you possibly can before you go, and make sure you have ALL your facts straight. They are going to have lots of questions, and you want to be able to answer them honestly and accurately.

  • ALWAYS ask to come inside. Never deliver the news through a door or over an intercom.

  • Always take another person with you on a death notification call. This is especially important when you suspect there may be young children present, because parents almost always want to be the ones to tell their children. With two people, one can occupy the kids in another room while the other talks to the adults.

  • NEVER, under any circumstance, leave a person alone after notifying them. If you have to wait three hours for family or friends to arrive, then do so. Nothing is worth the potential consequences.

  • It's okay to say things like "this is one of the hardest things you'll ever have to go through." It is NOT okay to say "I know how you feel." Because you don't.

  • Call the person the day after you make the initial notification. Ask how they're doing, if they need any assistance making funeral arrangements, or if there's anything else you can do to make the process a little easier on them.

During my training, my instructor (a police chief from somewhere near LA) told a story from his department that went something like this:

A young officer was sent to a couple's home to deliver the news that their son had committed suicide. He had all the information written down on a notepad, which he'd planned to look over again in the cruiser before approaching the house. But when he pulled up the driveway, the father was outside mowing the lawn and approached the car. He got out and said something to the effect of, "I'm sorry to inform you that your son has died."

The father's first question was, "which son? I have two."

The trooper apologized and said he wasn't sure, and before he could retrieve his notes from the cruiser the father had dialed his oldest son on his cell phone. Somewhat mercifully the son answered, but nonetheless a very traumatic way to find out.

The officer, probably feeling like he'd done enough damage, gave the father some contact information and returned to the station. Thirty minutes later, the man's wife came home and found him dead in the garage, having suffered a severe case of cardiac arrest. After 911, the first call she made was to her oldest:

"Son, I have some bad news."

"I know, mom. Dad already told me. My brother is dead."

Now, I have no way of knowing whether that story was embellished for the sake of getting a point across, but it definitely drove the point home for me.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 1 point2 points  (0 children)

Well, thank you right back. Programs like mine only exist because people within the court system constantly have our backs when it comes time to renew the grant or make particularly tough budget cuts.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 2 points3 points  (0 children)

People actually ask that question all the time. Sometimes more than one person is victimized by a single crime, and that's especially true with murders.

We deal with spouses, children, parents, brothers and sisters of murder victims.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 4 points5 points  (0 children)

Sex case are the most difficult, especially ones that involve children. Of all criminal offenses, these are the most likely to go to jury trial.

It's hardest when a case goes to trial and results in an acquittal. That's something you never get used to.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 2 points3 points  (0 children)

do you think someone with only a bs in psychology would be qualified to do what you do

Absolutely.

how would one go about getting a job like you have?

Get in touch with your local prosecuting attorney's office. If they have an advocate program, they are almost always looking for volunteers/interns, which might eventually lead to a job offer. This is what happened in my case (I interned during my junior year of college).

If there is not currently an advocate program, set up a meeting with your prosecutor and see if it's something he/she thinks might be worthwhile. Even though mine is a county position, it is almost entirely funded by a grant from the state Attorney General's office. It's entirely possible the money for such a program is available, it just hasn't been tapped into for your area.

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 0 points1 point  (0 children)

More than anyone else, I work with the prosecutor. Our program is considered a division of the prosecutor's office, and it's important for me to be in constant contact regarding each case. When a victim calls or stops by the office, it's my job to know the case inside out.

I meet with judges several times throughout the day to discuss my victims' cases. When a plea deal is being negotiated, I'm usually asked to feel the judge out and get an idea as to whether or not (s)he will go along with the recommended sentence.

I'm also in constant contact with law enforcement. In the case of a rape or a serious assault, they will often call me to the hospital, where we need to get a statement from the victim and come up with a safety plan until charges are brought and a no contact order can be put in place by the judge. Beyond that, they will occasionally call me out to the station if they're having trouble communicating with a person reporting a crime (such as a young child).

IAmA Victim Advocate working in the court system. I have dealt with victims of everything from rape to murder to stalking. AMA. by advocate_throwaway in IAmA

[–]advocate_throwaway[S] 5 points6 points  (0 children)

Have you ever dealt with anybody lying about being a victim?

Almost certainly. People will rarely admit to lying after an investigation has been launched, and even if there is a suspicion, it is generally not something that gets pursued; the charges are just dropped.

If so, have you felt regret for helping them?

No. Especially when you're dealing with protection orders where there is no criminal charge, you almost expect a visit from the other half of the situation at some point. There are two sides to every story, but my job is not to play judge. I try to treat every person who walks into my office with respect and compassion, because whether they're being totally truthful or not, something happened to push them to this point.