Block 1 SCCJA
law enforcement must keep in mind that victims respond to trauma in four ways
Emotional, Physical, Cognitive, Behavioral
Arrest-without is arrant
Freshly committed, active seeking/investigation, follow dept. policy, detention facility must have a charging document shortly after arrest- 17-15-30 states that a person charged with its a bailable offense must have a bond within 24 hours of arrest
Report contents (continue)
Full and accurate contact information for person, description of victim/suspect
If dispatched
Gather as much information as possible, use dispatcher or in car computer
Trespassing on a DV shelter with a dangerous weapon
General sessions, Felony, fiend no more than 5k and or I'm prisoned not more than 5 years.
Trespassing on a DV shelter
General sessions, misdemeanor, fined no more then 3k and or imprisoned not more than 3 years
Statements
Get from everyone, get as soon as possible, get written, get recorded (video/audio) considered testimonial evidence
DV 1st degree
Great bodily injury/likely result violation OOP/RO-commits DV 2nd 2 or more convictions DV/10 years, uses firearm
Why get statements
Helps write the report in its proper order, establishes probable cause for arrest, shows demeanor, stress, and records exact words
All domestic violence calls have the potential to be a
Homicide
Identify proper procedures prior to arriving at the scene of a domestic violence incident
How you respond can determine outcome
Victim questions
ID themselves, what happened, when happened, where happened, why happened, anyone injure them, any weapons, threats made, who did it, their perceptions (what thinking? What feeling?)
Threats prohibited (don't say):
If I have to come back here again somebody is going to jail, if we have to come back here again everyone will be arrested, I'd we have to come back here, everyone will be arrested and DSS will take the kids, if you (the victim) call us again , I am going to arrest you
Searches (Evidence discovered as a result of a warrantless search administered pursuant to a complaint of DV, DVHAN, or Violation of an Order of Protection is admissible in a court of law):
If it is found: in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or pursuant to a search incident to a lawful arrest for a violation of DV, DVHAN, violation of an Order of Protection, or a violation of chapter 3, title 16; or if it is evidence of a violation of DV, DVHAN, or an Order of Protection
Bond court- no contact orders
A bond condition of "no contact" from the bond judge is not an order of protection or restraining order, if offenders violate the no Contact condition, officers must present evidence to the bond judge who may issue a warrant before enforcing the bond
Law enforcement records
A child charged with an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody.
DV shelter 16-25-125
A facility whose purpose is to serve as a shelter to reduce and house persons who are victims of domestic violence and that provides services as a shelter
Immunity
A law enforcement officer is not liable for an act, omission, on exercise of discretion under chapter 25 of title 16 unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, willfulness, or wantonness.
Officer immunity for arrest section 16-25-70
A law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, willfulness, or wantoness
16-25-70
A law enforcement officer may arrest, with or without a warrant, a person at the persons place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony pursuant to the provisions of 16-25-20, 16-25-65,16-25-125
Person violates subsection (A) first part
A person who violates this subsection is guilty about f a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more then two thousand five hundred dollars or imprisoned not more than ninety days or both.
Petition for Order of Protection
A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.
Older battered victims
A significant portion or elder abuse is spousal abuse that has been occurring in the marital relationship for many years or begins to occur in the second or third marriages
Domestic violence
A systematic, comprehensive method of controlling an intimate partner or family member through physical, sexual, emotional, psychological, or financial abuse
Cycle of violence theory
Acute bartering, tension building, honeymoon phase
Threats prohibited
An officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage request for intervention by law enforcement by a party
Duration of Orders of Protection
An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year
Content Orders of Protection
Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include:
Protection order
Any order of protection, straining order, condition of bond, or any other similar order issued in this state or another state or foreign jurisdiction for the purpose of protecting a household member
Immunity from Civil or Criminal Liability -
Any person who makes a report pursuant to this chapter or who participates in judicial proceedings resulting there from, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith is rebuttably presumed.
Scope of the problem
Approximately 40% of police families have experienced domestic violence. Police families are 2-4 times more likely to experience domestic violence than the general population
Interviewing the suspect
Ask for explanations, never tell the suspect what the victim or others have told you, use Miranda warning if you transition to custodial interrogation
Hidden injuries
Ask if hurting/injuries anywhere not seen (under clothes, scalp, sexual), anything else they want to tell you?
Person violates subsection (A) third part
Assault and battery in the third degree pursuant to section 16-3-600(E) is a lesser included offense of domestic violence in the third degree as defined in this subsection. A person who violates this subsection is eligible for pretrial intervention pursuant to chapter 22 title 17
High risk tactics vehicle
Avoid parking in driveway or in front of location, turn off vehicle lights, wait for back up (if not emergency), activate in car or body worn video camera
Great bodily injury
Bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment or d the function of a bodily member or organ
Domestic violence (it is unlawful to)
Cause physical harm or injury to a persons own household member; or offer or attempt to cause physical harm or injury to a persons own household member with apparent present ability under circumstances reasonably creating fear of imminent peril
Arrests- priors
Check rap sheets for priors, amend charge if needed (follow dept. Policy, notify solicitor).
Age Guidelines for Pretrial Detention
Children ten years of age and younger must not be incarcerated in a jail or detention facility for any reason. Children eleven or twelve years of age who are taken into custody for a violation of law which would be a criminal offense under the laws of this State if committed by an adult or who violates conditions of probation for such an offense must be incarcerated in a jail or detention facility only by order of the family court.
possible "indicators" of deception
Choice of words, Misdirecting questions, Denial flags, Changes in demeanor, posture or behavior, Stalling or repeating questions
Person violates section 16-25-20 and one of the following from section 16-25-65
Commits the offense under circumstances manifesting extreme indifference to the value of human life & great bodily injury to the victim results; commits the offense, with or without an accompanying battery & under circumstances manifesting external indifference to the value of human life, & would reasonably cause a person to fear imminent great bodily injury or death; violates a protection order and, in the process to f violating the order, commits domestic violence in the first degree
Obergefell v. Hodges (2015)
Constitution grants rights to same sex married couples as are afforded to heterosexual couples through marriage.
Incident reports
DV statute says officers must investigate domestic violent complaints, does mandate a report whether an arrest is made or not
Report contents
Detail, detail, detail; focus on facts not opinions, incident location, how did you prove nature of relationship between victim and suspect- ask victim, ask suspect, find ways to establish without victim/suspect
Reports - injuries
Detailed descriptions, location, color, dimensions, blood, associate pain
Arrest decisions
Did you determine primary aggressor as required by statue, know where to find it in statue
Report narrative
Direct "critical" statements in quotes, justify your actions (arrest/non-arrest), services provided, information shared
Interviewing- others
Doctors, nurses, ems, social workers, non-law enforcement personnel should not be promoted to ask investigative questions, let them treat their patient then ask what they can share with you
Person violates subsection (A) second part
Domestic violence in the third degree is a lesser-included offense of domestic violence in the second degree, as defined in subsection (C), domestic violence in the first degree, as defined in subsection (B), and domestic violence of a high and aggravated nature.
High risk tactics other considerations
Don't get tunnel vision, don't walk in the open, use cover and concealment, don't stand in front of doors & windows, are there any immediate threats/danger?
Interviewing-victim continued
Don't stand over them, mirror their actions but not at risk of officer safety, be compassionate/non-blaming, translation issues-Never ask children to translate
Arrival to the scene
Dv are transient, do not telegraph your arrival, use high-risk procedures when approaching the incident location
PROTECTION FROM DOMESTIC ABUSE ACT
Physical harm, bodily injury, assault, or the threat of physical harm;Sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member
Moderate bodily injury
Physical injury that involves prolonged loss of consciousness or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ or injury that requires medical treatment. Doesn't include one time treatment.
handicapped
Physical or mental impairments can increase a DV victims sense of isolation and make it easier for batterer to exhibit increased control over the victims movements and contacts
4 major forms of domestic abuse
Physical, emotional/psychological, sexual, economic
Firearm
Pistol, revolver, rifle, shotgun, machine gun, au machine gun, or assault rifle which is dishonest to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive but does nothing include an antique firearm as defined in 18 USC 921
Victimless Prosecution Preparation
Preparation should be done for the case days or weeks in advance. Setting up a meeting with the prosecutor prior to trial is important. The reality is many officers will only be able to meet with the prosecutor a few minutes before trial.
Factors law enforcement must consider in determining primary physical aggressor:
Prior complaints of domestic or family violence, the relative severity of the injuries inflicted on each person talking into account injuries alleged which may not be easily visible at the time of the investigation, the likelihood of future injury to each person, whether one of the persons after in self defense and household member accounts regarding the history of domestic violence
Section 17-15-30 reads:
Prior to or at the time of the hearing, the arresting law enforcement agency shall provide the court with the following information if available: persons criminal record, any charges pending against a person at the time release is requested, all incident reports generated as a result of the offense charged
Acute battering phase
Produces the actual violent physical outburst, which can last seconds to hours, anything can be the trigger for the battering, even the most trivial reason
Question not to forget
Prove the nature of the relationship between the victim and suspect by seeking items that do not require testimony such as..., critical element of domestic violence statute
Self initiated call
Provide dispatch your: location, how many people are involved, observations, request a back up
Where service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section
Regular Hearing)
Continuum of violence theory
Relationships which contain violence will continue to become more violent over time. Unless there is some early intervention, the violence moves up the continuum until death occurs and removes either the victim or the perpetrator from the relationship. The end of the continuum marks the complete disappearance of the honeymoon phase in the cycle of violence theory. As rime increases, violence also increases.
Arrest- additional considerations
Run rap sheets ( prior convictions), firearm prohibitions, contact US attorney's office
authority to enter (state v. Abdullah)
SC court of appeals that recognized that the 4th Amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid, reasonable articulable suspicion is the standard here
South Carolina Coalition Against Domestic Violence and Sexual Assault
SCCADVASA
South Carolina Victims Assistance Network
SCVAN
Strangulation/suffocation injury
Sign of increased lethality, none to external signs are present, strangulation is "external" pressure on veins, artistes, or airway, need medical attention immediately, MRI (magnetic resonance imaging) can detect internal injuries
Long Term Responses
Sleep problems, intrusive thoughts, dreams/nightmares, flashbacks, withdrawal/isolation, sense of foreshortened future, PTSD, mood swings, sadness, resignation, depression, intense fear, phobic reactions, consideration of suicide, drug and alcohol problems, mental illness, heightened fear and distrust, concentration-memory problems, shame, powerlessness, and guilt. (Young, 2001)
Interviewing children
Sometimes the only source of info, children in tough position, introduce yourself, get down on their level, assess ability to communicate, do not ask leading questions
Other charges to consider
Spousal sexual battery, criminal sexual conduct, assault charges, kidnapping, intimidation of witnesses, stalking, physical abuse of a vulnerable adult
Household members
Spouse, former spouse, person who have a child in common, male and female who are cohabiting or formerly have cohabited
means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders
State
Testimony
Testifying for court can be an intimidating task, especially for those with no prior experience. All the more reason to prepare! Speak with confidence. Confidence that one made the right decision can overcome doubts in the mind of the judge or jury
Crime Victim Legal Network
The Crime Victim Legal Network can provide legal representation to victims of crime who have had their rights violated and need legal representation through the judicial process. Volunteer attorneys can also assist victims seeking civil action.
PROCEDURES USED WHEN TAKING A JUVENILE INTO CUSTODY
The Department of Juvenile Justice counselor will begin his/her process by completing the Detention Screening Advisory Form.
Victim Information Program (VIP)
The VIP program provides victims with emergency needs that arise as the direct result of a crime. These needs include lodging, food, clothing, crime scene clean up, and prescriptions. Officers or advocates assisting a victim in need can contact SCVAN 24 hours a day to obtain this for the victim. Victims must be referred by an agency and there is an application form to be filled out.
Domestic violence
The batterer is seeking power and control over his/her intimate partner with the methods of violence and fear
Fingerprinting Juveniles
The department may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution
Jurisdiction
The family court (primary court jurisdiction) has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate
Section 63-7-370
The law enforcement officer upon receipt of a report of domestic violence may report this information to the department of social services. The department may treat the case as suspected report of abuse and may investigate the case as in other allegations or abuse in order to determine if the child has been harmed
Traffic and wildlife jurisdiction.
The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game
Officer safety
The more information about the event, environment and people involved the more you can prepare to address any dangers. Help for the victim is delayed if you get injured
Community Service Program
There are numerous ways that juveniles can participate in the community, such as participating in after school programs, service projects within the community, working with the Boy's & Girl's Clubs, talking to students in schools about his/her behavior and what he/she has learned from his/her mistakes or participating in programs sponsored by local churches.
In Re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2nd 527 (1967)
This 1967 case from Gila County Arizona involved Gerald Gault, a juvenile. Gault and a codefendant, Ronald Lewis, were apprehended and during detention Gault was given one opportunity to contact his parents. 1) Notice of charges. (2) Right to counsel at adjudication hearings. (3) Right to confrontation (of witnesses at court). (4) Right against self-incrimination. (5) Right to cross-examination. (6) Right to appellate review and transcript of proceeding. (7) Awarded due process to juveniles.
Immunity
This State or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this article
Behavioral Contract
This is an agreement between the juvenile, parents and the solicitor dealing with the juvenile's behavior. This could be anything from attending an anger management class, to attending school (as in cases of truancy), or having a curfew placed on him/her for a period decided upon by the solicitor and the family of the juvenile.
Diversion Program
This means the juvenile will face the consequences of his/her offense without going into the Family Court. The solicitor is essentially waiving the state's option to prosecute, providing the juvenile completes a program and/or gives restitution to the community or to the victims of the crime
Restitution
This process could include anything from repaying the victim for damage to the property or stolen goods, repairing damage or cleaning up vandalism for the victim or community or writing a letter of apology to the victim.
Primary purpose for gathering information
To formularle a plan of action prior to arriving on the scene, failure for you to plan in advance can cost you your life or someone else
Responses to Trauma
To have symptoms after a traumatic event is not a sign of personal weakness. (The National Center for PTSD fact sheet, (n.d.))
Victims' Bill of Rights.
To preserve and protect victims' rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:
Same sex relationships
Treat these victims with the same compassion you would treat a traditional DV victim.
Indicators that a batterer may use lethal violence against a partner
Treats to kill him/herself and/or others. Threats of the use of weapons in the past. Obsessive- if I can't have you nobody will, being served with OOP/divorce paperwork may trigger violence
McKeiver v. Pennsylvania, 403 U.S. 528, 91 S. Ct. 1976, 29 L. Ed. 2nd. 647 (1971)
Trial by jury is not constitutionally required in a Juvenile Court. (2) States may grant jury trials to juveniles. (3) In South Carolina, juveniles may be granted jury trials in Magistrates or City Court; however, the jury does not have to be "by their peers." In Family Court there are no jury trials. If a case is transferred from Family Court to General Sessions, the juvenile is being "tried as an adult," and is no longer considered a "child," then the defendant may choose whether he/she wants to be tried by a jury or by the court (bench trial).
means a court, agency, or other entity authorized by law to issue or modify a protection order.
Tribunal
Rules of evidence
Two criminal rules of evidence may benefit an officer during a domestic violence trial. South Carolina Criminal Rules of Evidence Number 801 (d) (2) and 803 can be found in the South Carolina Rules of Criminal Evidence either in textbook form or online. Rule of evidence 801 (d) (2) refers to an admission(s) by the party opponent (the defendant) as not being hearsay. Rule 803 is a listing of what the courts can consider at trial
Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following;
Using a deadly weapon, knowingly & intentionally impeding the normal breathing or circulation of the blood of a HH member by applying pressure to the throat or neck or by obstructing the nose or mouth of a HH member & thereby causing stupor or loss of consciousness for any period of time, commuting the offense in the presence of a minor, commuting the offense against a person he knew, or should have known, to be pregnant; commuting the offense during the commission of a robbery, burglary, kidnapping, or theft
Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following;
Using physical force against another to block that persons access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with (a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider
Interviewing-victim
Victim report officers don't talk to the, interview ineffectively or are judgmental, build rapport, be patient, take notes, listen for excited utterances, (stress, fear, anger, trauma effect their interaction)
Reasons victims don't come forward
Victims fear calling for help Bc they may know the personnel responding, that the responding officers will not be impartial, that responding officers may retaliate on behalf or the abusive officer
Juvenile Offender Detention Procedures
When the officer who took the child into custody determines that placement of a juvenile outside the home is necessary, the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available.
within how many days after filing of a petition in the family court does the child have?
Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this chapter.
Hearing on Petition for Order of Protection
Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, constitutes good cause for purposes of this section. (Emergency Hearing)
Interviewing others
Witnesses to event (are they related to the event, are they truly objective)
Denial flags
Words like "honestly" and "off the record" and using medical excuses for behavior should all be looked at suspiciously
Report-narrative
Write a story (beginning, middle, end); transport others back to time and place, document perceptions of each person, document demeanor (excited utterance)
Interviewing suspect
You need to interview (fair/impartial), give them every chance to talk. Don't let them use the excuse "I didn't tell you Bc you didn't ask", be tactically sound in your positioning suspect, beware befriending, don't justify their actions, listen for (excuses, spontaneous admissions, excited utterances)
Mutual foreign protection order
a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
Felony offense-general sessions court
a) great bodily injury to the persons own household member results or the act is accomplished by means likely to result in great bodily injury to the persons own household member b) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree c) has two or more prior convictions of domestic violence within ten years of the current offense d) the person uses a firearm in any manner while violating the provisions of subsection (A)
I'm the process of committing DV in the 3rd degree one of the following also results
a) the offense is committed in the presence of, or while being perceived by, a minor b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft d) the offense is committed by impeding the victims breathing or air flow
Procedural Concerns
a. A juvenile who is in custody should be handcuffed. b. A juvenile who is in custody should be searched. c. A juvenile who is in custody may be photographed
Signs That Someone Could be a Trafficking Victim (U.S. State Department, n.d.)
a. Evidence of being controlled. b. Evidence of an inability to move or leave a job. c. Bruises or other signs of battering. d. Fear or depression. e. Non-English speaking. f. Recently brought to this country from Eastern Europe, Asia, Latin America, Canada, Africa, or India. g. Lack of passport, immigration or identification documentation
If a juvenile is ordered detained for violating a valid court order, the juvenile may be held in secure confinement in a juvenile detention facility
for not more than seventy-two hours, excluding weekends and holidays.
If a child fourteen or fifteen years of age is charged with an offense which,
if committed by an adult, would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, after full investigation and hearing, may determine it contrary to the best interest of the child or of the public to retain jurisdiction.
Steps in the Family Court System
a. Intake b. Adjudication Hearing c. Disposition Hearing
Challenges and Barriers to Detection of Human Trafficking (U.S. Department of Health and Human Services, 2008)
a. The nature of the crime is hidden. b. Many victims are illegal and are unaware of their rights as victims and do not understand the laws of the United States. c. Many victims are often kept isolated and contact with anyone in the outside world is controlled. d. They are dependent on the trafficker.
interviewing
ask specific open ended questions, Dont ask= get no answers, good observation is key, ask clarifying questions
SCVAN
assists victims of crime through referrals and grant funded direct services. The agency has been awarded federal grants to fund various services to victims. Knowledge of these services is beneficial to both officers and advocates
The court must cause a copy of the petition to be served upon the respondent
at least five days prior to the hearing,
entering the premises (section 16-25-70)
in effecting an arrest under 16-25-70, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member
interviewing
information is the glue that binds the puzzle together
DV Statute
based on probable cause, to make an arrest, to prevent injury to a family or household member
State v Abdullah court case
based on reasonable suspicion, that a person(s), needs immediate aid
A child who is taken into custody because of a violation of the law which would not be a criminal offense under the laws of this State if committed by an adult must not
be placed or ordered detained more than twenty-four hours in a juvenile detention facility, unless an order previously has been issued by the court, of which the child has notice and which notifies the child that further violation of the court's order may result in the secure detention of that child in a juvenile detention facility
Crime victims are not just victimized by the crime itself
but are often re-victimized by the community response to their victimization, including reactions from the media, law enforcement, service providers, family, and the court system.
SCCADVASA
is an excellent resource when seeking assistance for a victim. It is actually a coalition of domestic violence shelters and rape crisis centers from across the state
Once the family court relinquishes its jurisdiction over the child and the child
is bound over to be treated as an adult,
A child is eligible for detention in a secure juvenile detention facility only if the child
is charged with a violent crime, is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime
Enforcement of Foreign Protection Order by Law Enforcement
law enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this State. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists.
individual
means a human being
Secure confinement
means an area having bars or other restraints designed to hold one person or a group of persons at a law enforcement location for any period of time and for any reason.
Victim
means any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section.
Court
means family court.
Department
means the Department of Juvenile Justice.
Temporary holdover facilities may hold juveniles during the period between initial custody and the initial detention hearing before a Family Court judge for a period
of up to 48 hours, excluding weekends and state holidays.
law enforcement responsibility at a DV incident
separate everyone, restore order, give clear verbal direction/commands, are there any injuries, get written statements, ID everyone (to include children), be observant (normal vs. abnormal)
If a child fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20
the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult.
Respondent
the individual against whom enforcement of a protection order is sought
If the court denies the motion for a twenty-four-hour hearing or such a hearing is not requested
the petitioner may request and the court must grant a hearing within fifteen days of the filing of a petition.
Issuing state
the state whose tribunal issues a protection order.
Arrest- special situations
If suspect has fled scene and you had PC to arrest you have enough to get a warrant, put it warrants in NCIC as soon as possible, arresting other officers, "Un-arrest" orders
Domestic violence injures
If you don't know what causes it just describe it, bruises (don't age, heal at various rates)
Threats prohibited (can say):
If you need us to come back, all you need to do is call, call us again if you need any help, please call us if s/he comes back [calls back, etc.]- (in cases of orders of protection)
SC Immigrant Victim Network (SCIVN)
Immigrant victims of crime usually have no idea that they have rights as crime victims or where to turn to get assistance. SCIVN was started to help with this situation. Language and cultural barriers have often been difficult for victims to overcome so SCIVN connects victims with culturally and linguistically competent services. These services include legal, social service, counseling and healthcare resources
Transfer of jurisdiction.
In accordance with the jurisdiction granted to the family court pursuant to Sections 63-3-510, 63-3-520 and 63-5-530, jurisdiction over a case involving a child must be transferred or retained as follows: If, during the pendency of a criminal or quasi-criminal charge against a child in a circuit court of this State, it is ascertained that the child was under the age of eighteen years at the time of committing the alleged offense, it is the duty of the circuit court immediately to transfer the case, together with all papers, documents, and testimony connected with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section.
Entering the premises (section 16-25-70)
In effecting an arrest under 16-25-70, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member
Juvenile Arbitration Program
In this program the juvenile agrees to a punishment determined by the arbitrator, in conjunction with the victim of the crime, the juvenile's parent or guardian, law enforcement and the community. This program is for first time juvenile offenders charged with a nonviolent crime. If the juvenile does not complete the program then the case is forwarded to Family Court for prosecution.
Drug Court
In this program the juvenile charged with a drug crime will be required to complete a program focused on treatment for his/her addiction and education.
Dual arrest- If an officer cannot determine who the primary physical aggressor is, then two or more persons may be arrested. The officer must:
Include the grounds for arresting multiple parties in the written incident report; include a statement that the officer attempted to determine which party was the primary physical aggressor and were able to make that determination based upon the evidence available at the time of arrest
Prior conviction of domestic violence
Includes conviction of any crime, in any state, containing among its elements those enumerated in, or substantially similar to those enumerated in. Within the ten years prior to the incident date of the current offense
Needs of Victims of Human Trafficking (SC Immigrant Victim Network)
Individuals who have been trafficked are often vulnerable and isolated. They have been separated from family, friends, home and anything that is familiar or safe. Victims of trafficking lose their sense of identity and worth while they are being trafficked because they are treated as property, thus losing their sense of self and their will to resist.
Trial Preparation
It doesn't look good when the officer and prosecutor are confused and not of one mind
The Most Common Reasons For Human Trafficking (International Association of Chiefs of Police, 2007).
It is estimated that there may be upwards of two million people trafficked worldwide annually. After drug trafficking, it is tied with arms trafficking as the most lucrative business for organized crime.
What is domestic violence?
It is more than merely "hitting" your loved one. Hitting implies that a person simply has problems managing his/her anger. Anger management and domestic violence are two very different behaviors
Section 56-7-15
It is permissible for law enforcement to use uniform traffic tickets or a charging document for domestic violence 2nd and domestic violence 3rd degree. The offense must be freshly committed or occur in the presence of the officer. Must immediately complete an incident report to document the issuance of the citation
High risk tactics foot approach
Make note of dangers, enough light, objects in the way, loose dogs and animals, other structures (ambush hazard)
Arrests
Make sure elements of crime are present, mandatory v. Discretionary, not all calls require arrest
Dual arrest
May be necessary, mutual combat extremely rare, document reason for dual arrests (arresting both persons Bc you don't want to investigate is improper
Deadly weapon
Means any pistol, dirk, slingshot, metal knunckles, razor, or other instutment which can be used to inflict deadly force
Violation of an Order of Protection
Misdemeanor Court: Summary Court 42 Punishment: Not more than 30 days and/or fined not more than $500 Elements: (1) Violates the terms and conditions of an order of protection issued in this State under the Protection from Domestic Abuse Act; Violates the terms and conditions of a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory.
DV 2nd Degree
Moderate bodily injury/likely result, Violation of OOP/RO- commits 3rd, one prior conviction/10 years
Mutual combat
Mutual combat is a voluntary confrontation between parties, true "mutual combat" is rare in domestic violence assaults, victims often fight out of necessity or defense and therefore it is not mutual
Things to know
Nature of the call, number of people on the scene, anyone injured, are weapons present, call history of location, back up availability, run NCIC check
Out-of-home placement.
No child may be placed in secure confinement or ordered detained by the court in secure confinement in an adult jail or other place of detention for adults for more than six hours
Transportation to detention facility.
No child may be transported to a juvenile detention facility in a police vehicle which also contains adults under arrest.
The initial call
Not always a 911, not always dispatched as a "domestic", you see things on your own
Short Term Responses
Numbing, shock, disbelief, denial, hysteria, yelling, crying, disoriented, confused, helplessness/dependant, anger, fearful, and "flat" affect. (Young, 2001, p. 3-6) (The National Center for Victims of Crime, 2008)
Gather information (two initial reasons)
Officer safety, start the initial investigation
Domestic Violence Escort
Officers are providing protection when they respond to a domestic violence escort request to retrieve property or belongings. Do not assist in the moving, storage or taking physical possession of items. An officer's focus should be on the people involved, escorting each person where he/she goes and watching what person has access to. Officers set the tone and the condition of the encounter, not the parties involved. Officers should consider the following in order to properly plan for the request:
Enforcement of DV laws
Officers make the decision for arrest since many victim decline prosecution. We do this in order to hold offenders accountable for their actions
PREPARE FOR A DOMESTIC VIOLENCE TRIAL
Officers should be well prepared to prosecute a domestic violence case. Domestic violence (DV) 3rd offenses fall in summary court jurisdiction. Many agencies will not have assistance from the solicitor's office in prosecuting DV 3rd cases in summary court.
The Circuit Solicitor's Office
Once a child's case is turned over to the county solicitor's office they can allow the juvenile to enter into a diversion program such as Juvenile Arbitration, Drug Court, restitution program, Behavioral Contract, community service program, dismiss the case or prosecute the case before Family Court.
Arrival to the scene
One of the most dangerous times, DV highly charged and volatile environment, abusers assume you will be coming, beware of ambush
Self defense
Only enough force necessary to end the attack of threat of attack is allowed, a small blow will not justify an enormous beating, if the defense does not subside once the attack or threat is removed, then the defender becomes the aggressor, no duty to retreat if doing so would increase danger of being killed or suffering serious bodily injury
Protection from domestic abuse act
Orders of protection
Honeymoon phase
Period of apologies and remorse, which often leads to reconciliation. The strong ties between the victim and the batterer reinforce this cyclical pattern. Each honeymoon phase gives hope to the victim that the cycle will end. However, it is temporary and tension builds again
Victim" does not include any individual who is the subject of an investigation for,
who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question.
entering residence- Complaint
you have the right to check on everyone's safety. you are there to investigate, ask to enter, professional but firm, may have to fabricate reason for being there, Never reveal ID of caller, not out of danger if invited in, beware of the overly nice
Entering residence- non compliant
you have the right to check on everyone's welfare/well being. (who is there?), is everything truly OK? (verbal/behavior), Person(s) argumentative or evasive?
A Foreign protection order
protection order issued by a tribunal of another state.
If a child fourteen years of age or older is charged with an offense which, if committed by an adult,
provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses, which, if committed by an adult, provided for a term of imprisonment of ten years or more, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over for the court acting as committing magistrate shall bind over.
Definition of a child.
"Child" or "juvenile" means a person less than eighteen years of age. "Child" or "juvenile" does not mean a person seventeen years of age or older who is charged with a Class A, B, C or D felony
Victim" also includes any individual's spouse, parent, child, or the lawful representative of a victim who is
(a) deceased; (b) a minor; (c) incompetent; or (d) physically or psychologically incapacitated
Domestic violence and children
30%-60% of offenders who batter their spouses also batter their children
The average battered victim will attempt to leave between:
7 to 10 times before leaving and staying away
Shelters
First shelter for DV opened in 1978, few DV shelters for SC 46 counties, the length of stay varies from 28-45 days
In Re Winship, 397 U.S. 358, 90 S. Ct.. 1068, 25 L. Ed. 2d 368 (1970)
Juvenile Court or Family Court in South Carolina is primarily a civil court, even though criminal charges are heard there. The advantage in this situation is the standard for "burden of proof" in civil cases is only "a preponderance of the evidence presented." This is less than the standard of "beyond a reasonable doubt" that is used in criminal court. This case addressed this issue and found the following: Juvenile Court remains a civil court, though the standard of proof is "the existence of every fact necessary to constitute the crime charged."
State v. Parker, 671 S.E.2d 619 (S.C. Ct. App. 2008).
Juveniles are entitled to Miranda warnings if they are being interrogated in a custodial setting, just like an adult offender. (1) Age of the Accused (2) Experience of the Juvenile (3) Background of the Juvenile (4) Intelligence level of Juvenile (5) Capacity to understand the warnings given to them (6) Nature of 5th Amendment rights (7) Consequences to waiving those rights
Length of Detention
Juveniles may be held in non-secure custody within the law enforcement center for only the time necessary for purposes of identification, investigation, detention, intake screening, awaiting release to parents or other responsible adult, or awaiting transfer to a juvenile detention facility or to court for a detention hearing
Case Dismissals
Keep in mind that the law states that unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation of domestic violence must appear before a judge for disposition of the case or be tried in the person's absence.
observation is
Key
Start initial investigation
Known and unknown information guides the investigation, answers to questions determine your actions. Don't assume anything
Immigrant populations
Language barriers, little or no knowledge of the American judicial system, isolation from family
Tension building phase
Lasts and indeterminate amount of time, heightened sense of foreboding, stress, and tension builds in the relationship, emotional abuse and some beginning levels of physical violence can occur
Requirements of 16-25-70
Law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. The investigation must be documented on an incident report form which must be maintained by the investigating agency.
Fear
Leaving does not usually out an end to the violence, violence often escalated after separation, most domestic homicides occur after the victim leaves his/her partner
The following individuals may petition a juvenile into Family Court
The parent or custodian of a child, an official of a child welfare board, a public official charged by law with the care of the poor, the recognized agents of an agency, association, society, or institution, a person having knowledge or information of a nature which convinces the person that a child is delinquent or that a child, by reason of his own acts in accordance with this chapter, is subject to the jurisdiction of the court, any person who has suffered injury through the delinquency of a child, or an officer having an arrested child in charge, may institute a proceeding respecting the child.
Actions Not Affecting Right to Relief
The petitioner's right to relief under this chapter is not affected by leaving the residence or household to avoid further abuse
Responsibilities of Law Enforcement Officer
The primary duty of a law enforcement officer when responding to a domestic abuse incident is to enforce the laws allegedly violated and to protect the abused person if facts are found which substantiate the complaint. In such incidents, the law enforcement officer must take the following protective measures
Officers, while not mandated to do so, may also want to consider:
The relative size and strength of the parties, the relative physical abilities of the parties, the relative ability to seek assistance without having to inflict injury on the other party in self-defense, whether children were in the home that one party felt a need to protect, whether a party had access to a weapon to inflict harm on the other party even if harm was not inflicted with that weapon, prior law enforcement accounts of the parties behaviors
The offense is committed using physical force or the threatened use of force against another to block that persons access to any cell phone, telephone or electronic communication device with the purpose of preventing, obstructing, or interfering with:
The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider
SC Attorney General's Office, State Office of Victim Assistance (SOVA)
Victims of crime can be compensated for medical bills, counseling, and loss of wages due to their victimization. This can include both adult victims and children who are present in the home while the event took place. Always make sure to list all victims on the report.
Every order of protection issued pursuant to this chapter shall conspicuously bear the following language:
Violation of this order is a criminal offense punishable by thirty days in jail or a fine of two hundred dollars or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed fifteen hundred dollars.
Suggested questions for child interviews
What did you see, what did you hear, what did you do, how did you feel
Reports- evidence logs/sheets
What it is (description); where was it (location and position); who retrieved; how retrieved(warrant, plain view, consent)
Petitioning a Juvenile Into Family Court
When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour by telephone or to the location where the child is being detained.
Taking a child into custody.
When a child is taken into custody, the officer taking the child into custody shall notify the parent, guardian, or custodian of the child as soon as possible
Law Enforcement to Assist in Execution of Order of Protection
When any order is issued pursuant to this chapter, upon request of the petitioner, the court may, as part of the order, require the sheriff's department or the police department pursuant to duties
The reasons most often used for human trafficking are
a. Prostitution. b. Exotic dancing (strip clubs). c. Servile marriages (mail order brides). d. Agricultural work. e. Landscape work. f. Domestic work and Child care. g. Factory work. h. Restaurant work. i. Construction work. j. Hotel housekeeping. k. Day labor.
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
an effort by the South Carolina legislature to ensure full faith and credit will be extended within our state to domestic violence protection orders of other jurisdictions, All persons who have a valid order of protection are offered equal protection regardless of the nature of the relationship, especially since some states recognize same sex relationships, unions and/or marriages
Protected individual
an individual protected by a protection order.
Protection order
an injunction or other order, issued by a tribunal under the domestic violence, family violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.
Criminal offense
an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars.
Arrest Charge for Violation of an Order
instances where the terms and conditions of an order of protection from South Carolina or a foreign protection order have been violated, the offender would be charged under South Carolina law, Orders of protection are enforced regardless of the nature of relationship between the petitioner (complainant) and respondent (subject) even among same sex couples. Full faith and credit is extended to foreign orders of protection from other states, tribes, or territories of the United States. Officers enforce the "no contact" provisions of protection orders. Criminal charge may be brought in addition to any penalties for violating the Court's Order.
Human trafficking
is the commercial exchange for profit of human beings who are placed in situations where they are subjected to involuntary acts such as sexual exploitation, forced labor, involuntary servitude or debt bondage. Trafficking involves the process of using physical force, fraud, deception or other forms of coercion or intimidation to obtain, recruit, harbor, and transport people
4 steps circle
observation, suspicion, questions, answers
separate people (sight and sound)
prevent contact between victim and abuser, conduct interview without person being under treat, prevent alteration of statements, restrict access to weapons