Section 3.3: Working with Victims

 

 
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Elder and At-Risk-Adults

To understand how to work with victims of economic crime and elderly and at-risk victims, you must understand the five phases of prosecution.

  1. Education and crime – Directed by Consumer Services and the victim advocate for the elderly victims. Every attempt is made to reach as many people as possible in all of the communities, businesses and consumers, with literature and seminars on crime prevention and detection. Seniors are targeted in these presentations. The motto is "prevention is always preferable to prosecution."

  2. Intake -- Approximately 13,000 complaints are handled each year. Intake staff consists of two individuals who are trained to either take a criminal complaint or help the person find a more appropriate agency or avenue for help.
  3. a. SWAT TEAM -- When information is received of an ongoing crime against an at-risk person, the intake staff immediately involves an investigator. The investigator attempts to contact the victim immediately and, if possible, to stop the victimization or arrest the perpetrator. In one case this approached saved an elderly woman almost $2million.

  4. Investigation – The Economic Crimes Unit has 9 full time investigators and one legal assistant. Investigators receive the majority of their cases through the intake staff. They conduct interviews, obtain documents and analyze the situation. They are in contact with the victims constantly. The victims understand that the investigator will carry their case to conclusion. This is distinguishable from most police departments, where complaints to a street cop is referred to a detective who, in turn, has a limited time for file or decline a case. It is "one stop shopping" here and there is the luxury of time to gather all the information and complete the case.

  5. Prosecution. When a case is assigned for investigation, a prosecutor is assigned as well. There are prosecutors four assigned to this unit. At the conclusion of the investigation, the investigator takes the case to the assigned prosecutor. If the prosecutor takes the case, it is his or her responsibility to the case’s conclusion. Therefore, the prosecutors have an ownership interest in the decision to prosecute. The prosecutor must be able to explain to the victim why decisions are made in the case. If the case involves a crime against an at-risk adult, a victim advocate provides services to the victim. A victim advocate may also be assigned to other victims whose cases are being prosecuted in the unit.

  6. Post-sentencing. Since most defendants receive probation with large orders of restitution, restitution is tracked post-sentence. A spreadsheet is maintained of all active probationers. Prosecutors file revocations if the defendant quits paying. The job of the prosecutors is incomplete until the victim receives every penny of restitution due them. This is know as the "pay or prison" accountability system, and it really works.

The net result is a community prosecution, or a vertical prosecution model. Those in the Economic Crime Unit consider themselves as the protectors of the victims, particularly at-risk adults, consumers and small businesses. Generally, the cases are the unit’s responsibility from beginning until the defendant serves his or her last day in prison or pays all of the restitution. Of course, each case is different, and not all losses are completely collected.

In working with at-risk-adults it is important to be patient, take your time. Have a cup of coffee. Visit a minute. Make sure that you explain the courtroom and it's process.

  1. How will they get to court?
  2. Who will meet them?
  3. Where will they sit?
  4. What questions will they be asked?

Many elderly victims don't like to be rushed and they don't like surprises. Many of them worry about being made to look foolish. Preparation is the key.

If the witness is in a wheelchair or otherwise disabled, get on their level. Be sure to bend down or sit down so that they can see your face and hear you.

 
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