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AILEEN ADAMS' REMARKS
TO
ASSISTANT UNITED STATES ATTORNEYS
JANUARY 24, 1996
IT'S GREAT TO BE HOME IN SUNNY L.A. AFTER HAVING
BARELY SURVIVED THE BLIZZARD OF '96 IN D.C. I WAS
PARTICULARLY HAPPY TO SEE MARK ROSENBAUM IN THE
AUDIENCE WHOM I WORKED WITH YEARS AGO IN THE CITY
ATTORNEY'S OFFICE HERE IN L.A. AND WHO IS NOW WORKING
IN ALASKA AS AN ASSISTANT U.S. ATTORNEY. I DON'T KNOW
MARK IF ALASKA HAS THE SAME STRATEGY THAT WASHINGTON,
D.C. HAS TO GET RID OF THE SNOW ON THE ROADS. D.C.'S
STRATEGY SEEMS TO BE IN A WORD --- SPRING. THE WONDERS
OF GOVERNMENT!
BEFORE DISCUSSING OVC, I WANT TO COMMENT ON JOHN
STEPHEN'S EXCELLENT PRESENTATION ABOUT THE PROSECUTION
OF JUVENILE OFFENDERS. IF I HAD TO SELECT MAJOR
CONCERNS IN THE CRIME VICTIMS' COMMUNITY TODAY, AT THE
TOP OF THE LIST WOULD BE VICTIMS RIGHTS IN JUVENILE
PROCEEDINGS. IT IS AN EXTREMELY "HOT TOPIC" --- AN
AREA IN WHICH A LOT OF CHANGES ARE TAKING PLACE VERY
RAPIDLY. THERE ARE A NUMBER OF REASONS FOR THIS. THE
FIRST OF COURSE IS THAT MOST STATES DESIGNED THEIR
JUVENILE JUSTICE SYSTEMS YEARS AGO TO DEAL WITH
SHOPLIFTERS AND TRUANTS. TODAY YOUTH VIOLENCE IS ONE
OF THE FASTEST GROWING SEGMENTS OF CRIME, AND IT'S
OFTEN CHARACTERIZED BY UNTHINKABLE BRUTALITY AND
INHUMANITY. THE OLD SYSTEMS CLOAKED IN SECRECY SIMPLY
DON'T MEET THE NEEDS OF THE CURRENT REALITY.
SECOND, VIRTUALLY EVERY STATE TODAY HAS A VICTIMS BILL OF RIGHTS, AS DOES THE FEDERAL SYSTEM --- BUT IN MOST STATES THESE RIGHTS DO NOT APPLY TO VICTIMS OF JUVENILE OFFENDERS. EXTENSION OF THESE RIGHTS INTO THE JUVENILE JUSTICE SYSTEM IS THE NEXT LOGICAL STEP MANY VICTIM ADVOCATES BELIEVE. THEY ARE MAKING THE SAME ARGUMENT ABOUT HAVING A VOICE IN THE JUVENILE JUSTICE SYSTEM THAT THEY WERE MAKING 20 YEARS AGO ABOUT HAVING A VOICE IN THE CRIMINAL JUSTICE SYSTEM. VICTIMS OF JUVENILE OFFENDERS UNDERSTANDABLY WANT THE RIGHT TO BE INFORMED ABOUT THE STATUS OF THE CASE AND THE RIGHT TO BE HEARD AT SENTENCING. AND I WOULD ARGUE THAT THESE VICTIMS' RIGHTS ARE ALSO GOOD FOR JUVENILE OFFENDERS. AS PART OF THE REHABILITATION PROCESS, JUVENILE OFFENDERS NEED TO HEAR HOW THEIR CRIME HAS IMPACTED REAL PEOPLE. THEY NEED TO PUT A HUMAN FACE ON CRIME. IN FACT, THE IMPORTANCE OF HEARING FROM CRIME VICTIMS DIRECTLY IS NOW RECOGNIZED BY MANY JUVENILE DETENTION FACILITIES AND WAS PIONEERED HERE IN CALIFORNIA BY THE CALIFORNIA YOUTH AUTHORITY THAT HAS FREQUENT VICTIM IMPACT CLASSES WHERE SURVIVORS TALK FACE TO FACE WITH OFFENDERS ABOUT THE HUMAN IMPACT OF CRIME. THAT FACILITY, BY THE WAY, HOUSES OVER 100 FEDERAL JUVENILE OFFENDERS, PRIMARILY NATIVE AMERICANS.
LEGISLATIVELY, A NUMBER OF STATES HAVE RECENTLY ENACTED PROVISIONS THAT PERMIT VICTIM IMPACT STATEMENTS AT THE TIME OF THE DISPOSITION OF THE CASE AND A FEW HAVE GONE MUCH FARTHER. CONNECTICUT, FOR EXAMPLE, PASSED ONE OF THE MOST FAR-REACHING REFORM PACKAGES LAST YEAR. IN THE SUMMARY OF ITS REFORMS, IT WAS NOTED: VICTIMS WILL HAVE ALL OF THE SAME RIGHTS IN JUVENILE COURT AS IN ADULT COURT
THERE IS NOT ONLY A GREAT DEAL OF INTEREST IN THIS
ISSUE ON THE HILL (WE EXPECT A NUMBER OF BILLS TO BE
INTRODUCED THIS SESSION,) BUT ALSO WITHIN DOJ. THE
COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION,
WHICH IS CHAIRED BY THE ATTORNEY GENERAL, IS CALLING
FOR THE RIGHTS OF VICTIMS OF JUVENILE OFFENDERS TO
MIRROR THE RIGHTS OF VICTIMS OF ADULT OFFENDERS IN A
REPORT THAT IS BEING PRINTED THIS WEEK.
SO STAY TUNED. THIS IS AN AREA IN PROFFERED
TRANSITION. IN FACT, OVC IS FUNDING THE COMPILATION OF
A LEGISLATIVE DIRECTORY WHICH WILL INCLUDE AN UPDATE OF
JUVENILE COURT CHANGES. WE EXPECT TO HAVE THAT
DIRECTORY AVAILABLE EARLY THIS SUMMER.
I AM VERY PLEASED TO BE HERE THIS MORNING TO
TALK WITH YOU ABOUT A VARIETY OF TOPICS, INCLUDING
VICTIMS' RIGHTS AND SERVICES, AND THE SIGNIFICANT
RESOURCES OF THE OFFICE FOR VICTIMS OF CRIME, WHICH WE
REFER TO AS OVC. WE ADMINISTER OVER $200 MILLION IN
FEDERAL FUNDS TO BENEFIT CRIME VICTIMS (SOME OF THOSE
FUNDS ARE AVAILABLE TO YOU AS I WILL DESCRIBE) AND WE
ARE THE CHIEF ADVOCATE WITHIN THE DEPARTMENT OF JUSTICE
FOR VICTIMS RIGHTS AND SERVICES.
IN A MOMENT, I WANT TO GIVE YOU AN OVERVIEW OF OUR
OFFICE; DESCRIBE THE MANY WAYS IN WHICH WE CAN WORK
TOGETHER, AND HIGHLIGHT IMPORTANT VICTIMS' PROVISIONS,
PROGRAMS, AND CONCERNS. BUT I WANT TO BEGIN WITH FOUR
BRIEF EXAMPLES OF THE KINDS OF SERVICES THAT WE PROVIDE
TO U.S. ATTORNEY'S OFFICES:
THE FIRST IS A CRISIS RESPONSE CAPABILITY. AN EXAMPLE: ON THANKSGIVING EVENING IN 1994, STEVEN SWALLOW TOOK A HOUSEFUL OF PEOPLE HOSTAGE ON THE WIND RIVER RESERVATION IN WYOMING AND SHOT SEVERAL OF THEM. DURING A FIVE HOUR ORDEAL, HE PREVENTED LAW ENFORCEMENT OFFICERS AND EMERGENCY MEDICAL PERSONNEL FROM RENDERING ASSISTANCE TO THE VICTIMS HE HAD WOUNDED. THEIR PLEAS FOR HELP WERE HEARD NOT ONLY BY THE 911 OPERATORS, BUT BY A NUMBER OF PEOPLE IN THE COMMUNITY WHO WERE LISTENING TO THEIR POLICE SCANNERS. SWALLOW FINALLY MURDERED FOUR PEOPLE. HE WAS FOUND PASSED OUT ON THE FLOOR, DRUNK.
BECAUSE OF THE CLOSE-KNIT, RURAL NATURE OF THE
RESERVATION COMMUNITY, MOST OF THE RESIDENTS WERE
EITHER RELATED TO THE VICTIMS OR KNEW THEM WELL.
THE U.S. ATTORNEY'S OFFICE IN THE DISTRICT OF
WYOMING CALLED OVC. THROUGH OUR CRISIS RESPONSE
PROGRAM, WE PAID FOR A NOTED PSYCHOLOGIST WITH
YEARS OF EXPERIENCE IN WORKING WITH NATIVE
AMERICANS TO PROVIDE DEBRIEFINGS OVER A TWO MONTH
PERIOD FOR FAMILY AND COMMUNITY MEMBERS AFFECTED BY
THIS QUADRUPLE HOMICIDE.
THE SECOND EXAMPLE IS FUNDING FOR DIVERSE KINDS OF
CONFERENCES DEPENDING ON THE NEEDS IN YOUR
DISTRICTS. IN 1993, 13 CORRECTIONAL OFFICERS WERE
TAKEN HOSTAGE AT LUCASVILLE, A SOUTHERN OHIO
CORRECTIONAL FACILITY. THE SIEGE WAS BROUGHT TO AN
END THROUGH NEGOTIATIONS AFTER 11 DAYS, DURING
WHICH TIME ONE CORRECTIONAL OFFICER AND NINE
INMATES WERE KILLED. DAMAGES WERE ESTIMATED AT
OVER $5 MILLION.
AT THE REQUEST OF FIVE MIDWEST U.S. ATTORNEYS'
OFFICES, OVC PROVIDED $13,300 TO UNDERWRITE A
MIDWEST REGIONAL CRISIS NEGOTIATORS CONFERENCE HELD
LAST SEPTEMBER IN OHIO. THIS CONFERENCE BROUGHT
TOGETHER MORE THAN 300 FEDERAL, STATE, AND LOCAL
LAW ENFORCEMENT OFFICIALS, VICTIM SERVICE
PROVIDERS, COMMUNITY CORRECTIONS OFFICIALS, AND
FEDERAL AND LOCAL HOSTAGE NEGOTIATORS FROM THE
MIDWEST REGION. WORKSHOPS INVOLVING CRITICAL
INCIDENT RESPONSE, HOSTAGE NEGOTIATIONS AT PRISON
TAKE-OVERS, AND MENTAL HEALTH PROGRAMS DESIGNED TO
ASSIST VICTIMS IN CRISIS WERE SHOWCASED. THE
CONFERENCE ALSO INCLUDED A UNIQUE, ALL-MALE VICTIM
IMPACT PANEL, FEATURING CORRECTIONS OFFICERS WHO
WERE HELD HOSTAGE DURING THE LUCASVILLE UPRISING.
THIS OUTSTANDING CONFERENCE DEMONSTRATED HOW
AGENCIES COULD SHARE RESOURCES AND EXPERTISE TO
ASSIST VICTIMS OF HOSTAGE AND OTHER CRISIS
SITUATIONS.
THE THIRD EXAMPLE OF HOW OVC CAN HELP YOU IS OUR
EMERGENCY FUND FOR FEDERAL CRIME VICTIMS. AGAIN,
AN EXAMPLE. IN 1982, CLIFFORD STROUT SHOT AND
MURDERED 18-YEAR-OLD MARK REED AT POINT-BLANK RANGE
WHILE MARK WAS VACATIONING IN BEAUTIFUL ACADIA
NATIONAL PARK. MR. STROUT WAS SENTENCED TO 30
YEARS IN PRISON. THIS PAST YEAR OVC FUNDED A
REQUEST FROM THE DISTRICT OF MAINE TO PAY FOR THE
COST OF MARK'S BROTHER TO ATTEND AND TESTIFY AT
STROUT'S PAROLE HEARING IN MICHIGAN. HIS PAROLE
WAS DENIED.
THE FOURTH EXAMPLE IS OVC'S TRAINERS BUREAU.
ANOTHER EXAMPLE: THE U.S. ATTORNEY'S OFFICE IN THE
DISTRICT OF COLUMBIA HANDLES MORE THAN 200 CASES OF
CHILD ABUSE EACH YEAR, AS WELL AS CASES WHERE
CHILDREN WITNESS DOMESTIC VIOLENCE AND EVEN
HOMICIDES. TO ASSIST THEIR YOUNG WITNESSES IN
UNDERSTANDING THE COURT PROCESS, THEY REQUESTED
FUNDS FROM OVC'S TRAINERS BUREAU TO HIRE AN EXPERT
TO HELP IMPLEMENT A COURT SCHOOL, TRAIN SCHOOL
STAFF, AND CREATE A TAKE-HOME BOOK ABOUT COURT FOR
PARTICIPATING CHILDREN. OVC'S TRAINERS BUREAU IS
HELPING THAT DISTRICT TO IDENTIFY THE APPROPRIATE
TRAINER AND PAY FOR THAT PERSON'S TRAINING FEE, AS
WELL AS TRAVELING EXPENSES.
THESE ARE JUST A FEW EXAMPLES OF WAYS IN WHICH UNITED
STATES ATTORNEYS OFFICES AND THE OFFICE FOR VICTIMS OF
CRIME HAVE WORKED TOGETHER TO PROVIDE SERVICES TO
FEDERAL VICTIMS OF CRIME. OUR OFFICES ARE LINKED
CLOSELY IN WAYS YOU MIGHT NOT BE AWARE OF, AND THERE
ARE MANY THINGS THAT WE CAN DO TOGETHER -- WHICH I'LL
DESCRIBE MORE FULLY IN A MOMENT, TO IMPROVE SERVICES TO
VICTIMS OF CRIME.
WHERE DOES OVC'S MONEY COME FROM? A TRULY UNIQUE
AND INNOVATIVE SOURCE, CALLED THE CRIME VICTIMS FUND,
WHICH IS PAID FOR -- NOT BY TAXPAYERS -- BUT BY FEDERAL
CRIMINAL OFFENDERS. THE MONEY IS OFTEN COLLECTED BY
UNITED STATES ATTORNEYS' OFFICES LIKE YOURS AND THE
U.S. COURTS. THIS FUND, WHICH THE OFFICE FOR VICTIMS
OF CRIME ADMINISTERS, WAS ESTABLISHED IN 1984. ALMOST
ALL OF THE MONEY -- WHICH LAST YEAR AMOUNTED TO A
RECORD $233 MILLION -- IS DISTRIBUTED BACK TO THE
STATES TO HELP FUND TWO KINDS OF PROGRAMS: VICTIM
ASSISTANCE AND VICTIM COMPENSATION.
THE FUND HELPS PAY FOR COUNSELING FOR YOUNG
CHILDREN WHO HAVE BEEN SEXUALLY ABUSED; IT HELPS FUND
BATTERED WOMEN'S SHELTERS AND RAPE TREATMENT CENTERS;
AND IT PROVIDES SERVICES FOR THOSE INJURED BY DRUNK
DRIVERS, FOR VICTIMS OF ELDER ABUSE AND HATE AND BIAS
CRIMES, FOR SURVIVORS OF HOMICIDE VICTIMS, AND MANY
OTHERS.
THESE PROGRAMS WHICH RECEIVE OUR VOCA FUNDS THROUGH
THE STATES, MUST PROVIDE THE SAME SERVICES TO FEDERAL
CRIME VICTIMS AS THEY DO TO VICTIMS OF STATE CRIMES AND
ARE IMPORTANT RESOURCES FOR YOUR OFFICES.
VICTIM ASSISTANCE FUNDS HELP SUPPORT NEARLY 3,000
LOCAL VICTIM AGENCIES NATIONWIDE, WHICH PROVIDE
SERVICES TO MORE THAN 2 MILLION CRIME VICTIMS EACH
YEAR. THE CRIME VICTIMS FUND ALSO PROVIDES A
SIGNIFICANT PORTION OF VICTIM COMPENSATION FUNDING IN
THIS COUNTRY. THESE COMPENSATION FUNDS REIMBURSE
CRIME VICTIMS FOR OUT-OF-POCKET EXPENSES RESULTING FROM
THEIR VICTIMIZATION, INCLUDING MEDICAL BILLS, FUNERAL
COSTS, COUNSELING SERVICES, AND LOST WAGES. YOU SHOULD
TAKE ENORMOUS PRIDE IN THESE PROGRAMS WHICH HELP
PROVIDE JUSTICE AND HEALING FOR CRIME VICTIMS BECAUSE
YOUR EFFORTS HELP TO FUND THEM.
THE ATTORNEY GENERAL HAS MADE THE COLLECTION OF
THESE FUNDS A TOP PRIORITY WITHIN THE DEPARTMENT BY
EMPHASIZING ITS IMPORTANCE AT ALL APPROPRIATE FORUMS.
AND THIS PAST YEAR, THE CRIME VICTIMS FUND REACHED AN
ALL-TIME HIGH OF $233 MILLION --- $53 MILLION MORE THAN
THE PREVIOUS YEAR. (AS YOU CAN IMAGINE, I AM THE ENVY
OF EVERY ADMINISTRATOR IN WASHINGTON, D.C. --- MY
BUDGET WENT UP, AND MY FUNDS ARE NOT APPROPRIATED.) TO
FURTHER HIGHLIGHT THE FUND'S IMPORTANCE, GENERAL RENO
PARTICIPATES IN AN ANNUAL CRIME VICTIM FUND AWARD
CEREMONY -- DURING WHICH TIME SHE PRESENTS AWARDS TO
ABOUT A DOZEN FEDERAL EMPLOYEES WHO HAVE HAD AN
EXTRAORDINARY IMPACT ON THE FUND, INCLUDING ASSISTANT
U.S. ATTORNEYS AND MEMBERS OF FINANCIAL LITIGATION
DIVISIONS. ONE AWARD RECIPIENT LAST YEAR INCREASED
CASH COLLECTIONS IN HER DISTRICT BY 1,200% BY USING A
VARIETY OF INNOVATIVE RESEARCH AND COLLECTION
STRATEGIES.
OVC SETS ASIDE FUNDS EACH YEAR TO PROVIDE SERVICES
FOR VICTIMS REQUESTED BY U.S. ATTORNEYS' OFFICES. WE
DO THIS THROUGH THREE SEPARATE PROGRAMS WHICH I HAVE
ALLUDED TO: THE FEDERAL CRIME VICTIM ASSISTANCE FUND,
THE TRAINERS BUREAU, AND OUR CRISIS RESPONSE PROGRAM
CALLED THE IMMEDIATE RESPONSE TO EMERGING PROBLEMS
PROGRAM, BETTER KNOWN AS IREP.
THROUGH OUR FEDERAL CRIME VICTIM ASSISTANCE FUND,
OVC HAS APPROVED MORE THAN 70 REQUESTS SINCE FY 1993,
AND PROVIDED APPROXIMATELY $121,000 FOR SERVICES TO
FEDERAL CRIME VICTIMS. THE FUND MAY BE USED TO PAY FOR
SERVICES THAT RESPOND TO EMERGENCY NEEDS, INCLUDING
CRISIS INTERVENTION AND EMERGENCY FOOD, CLOTHING, AND
HOUSING, AS WELL AS SERVICES THAT HELP VICTIMS
PARTICIPATE IN JUDICIAL PROCEEDINGS, SUCH AS
TRANSPORTATION TO COURT.
THESE FUNDS ARE NOT INTENDED TO CREATE A SEPARATE
SYSTEM OF SERVICES FOR FEDERAL CRIME VICTIMS, BUT
RATHER TO SUPPORT ESSENTIAL DIRECT SERVICES TO THESE
VICTIMS WHEN NO OTHER RESOURCES ARE AVAILABLE. OUR
AUTHORIZING LEGISLATION DOES NOT PERMIT THIS FUND TO BE
USED, FOR EXAMPLE, FOR VICTIM AND WITNESS MANAGEMENT
AND PROTECTION EXPENSES OR NON-EMERGENCY SERVICES, SUCH
AS LONG TERM HOUSING. IF YOU HAVE NOT SEEN THEM
ALREADY, I WILL BE DISTRIBUTING COPIES OF THE PROGRAM'S
NEW GUIDELINES FOR THE USE OF THESE FUNDS.
I WOULD LIKE TO DESCRIBE A FEW EXAMPLES OF HOW THIS FUND HAS BEEN USED RECENTLY:
THIS MONTH, IN RESPONSE TO A REQUEST FROM THE DISTRICT OF NEW MEXICO, OVC PAID MILEAGE COSTS TO ALLOW THE MOTHER OF A MAN MURDERED ON THE LAGUNA PUEBLO TO TRAVEL FROM HER HOME IN RED LAKE, MINNESOTA TO ALBUQUERQUE, NEW MEXICO, TO ATTEND THE TRIAL OF THE DEFENDANT.
IN OCTOBER 1995, IN RESPONSE TO A REQUEST FROM THE DISTRICT OF HAWAII, OVC PAID CRISIS COUNSELING EXPENSES FOR A VICTIM WHO WAS SEXUALLY ASSAULTED AT SEA. THE FBI VICTIM/WITNESS COORDINATOR IN WASHINGTON, THE VICTIM'S STATE OF RESIDENCE, WORKED TO FIND SERVICES FOR THE VICTIM.
IN RESPONSE TO A RECENT REQUEST BY THE EASTERN
DISTRICT OF NEW YORK, OVC PAID TRAVEL AND PER DIEM
EXPENSES TO ALLOW A CHILD SEXUAL ABUSE VICTIM AND
HIS LEGAL GUARDIAN TO ATTEND THE SENTENCING OF THE
DEFENDANT.
I WOULD ALSO LIKE TO POINT OUT ONE INSTANCE WHERE VICTIM ASSISTANCE FUND SERVICES WERE DENIED AND EXPLAIN WHY:
OVC DENIED A REQUEST THIS MONTH TO PAY LONG-TERM
HOUSING AND PROTECTION EXPENSES FOR THREE CHINESE
JUVENILE IMMIGRANTS WHO WERE KIDNAPED, HELD
HOSTAGE, BEATEN, AND SEXUALLY ASSAULTED FOR ABOUT A
MONTH. THIS REQUEST WAS DENIED BECAUSE OVC FUNDS
CANNOT BE USED FOR LONG-TERM HOUSING OR PROTECTIVE
SERVICES.
I HOPE THAT THESE EXAMPLES HELP TO CLARIFY WHAT THE
VICTIM ASSISTANCE FUND CAN AND CANNOT BE USED FOR.
A SECOND SOURCE OF DIRECT ASSISTANCE TO U.S.
ATTORNEY'S OFFICES IS OVC'S TRAINERS BUREAU, WHICH
FUNDS EXPERTS TO TRAVEL TO YOUR DISTRICTS TO OFFER
SPECIALIZED TRAINING AND TECHNICAL ASSISTANCE IN
VICTIM-RELATED TOPICS. THESE MIGHT INCLUDE THE TRAUMA
OF VICTIMIZATION, CRISIS RESPONSE TEAM TRAINING,
ADVOCACY FOR VICTIMS IN THE CRIMINAL JUSTICE SYSTEM,
LEGAL RIGHTS OF VICTIMS, CRIME VICTIM COMPENSATION,
PROGRAM STANDARDS FOR VICTIM SERVICES, OR STRESS
MANAGEMENT FOR CARE GIVERS.
THE OVC TRAINERS BUREAU HAS SUPPORTED 20 REQUESTS
AT U.S. ATTORNEY-SPONSORED EVENTS. FOR EXAMPLE, THE
SOUTHERN DISTRICT OF TEXAS SOUGHT A TRAINER FOR A ONE-DAY IN-SERVICE TRAINING ON VICTIM NOTIFICATION
PROCEDURES AND VICTIMS' RIGHTS, WITH EMPHASIS ON THE
FEDERAL CRIME VICTIMS' BILL OF RIGHTS. THE DISTRICT OF
NORTH DAKOTA REQUESTED OVC TO FUND AN EXPERT TO HELP A
CONSORTIUM OF LOCAL AND FEDERAL AGENCIES TO IMPLEMENT A
MULTI-DISCIPLINARY VICTIM SERVICE PROTOCOL. THE LACK
OF COORDINATION BETWEEN AGENCIES HAD BEEN IDENTIFIED AS
THE NUMBER ONE CONCERN IN A STATEWIDE NEEDS ASSESSMENT.
THESE SERVICES ARE PROVIDED FREE OF CHARGE TO YOUR
DISTRICT. OVC PICKS UP THE COST OF THE TRAINERS'
CONSULTANT FEES, TRAVEL EXPENSES, AND PER DIEM. TO
REQUEST THESE TRAINERS BUREAU SERVICES, SIMPLY SUBMIT A
WRITTEN REQUEST SPECIFYING THE TYPE OF TRAINING OR
TECHNICAL ASSISTANCE NEEDED TO OVC.
FINALLY, SINCE 1994, OVC HAS PROVIDED EMERGENCY
TRAINING AND TECHNICAL ASSISTANCE TO COMMUNITIES
FOLLOWING LARGE-SCALE CRIME VICTIMIZATIONS. EMERGENCY
SERVICES, OFTEN PROVIDED BY CRISIS RESPONSE TEAMS, CAN
BE MOBILIZED WITHIN 24 TO 48 HOURS OF YOUR REQUEST.
FOR EXAMPLE, WITHIN HOURS OF THE MURRAH FEDERAL
BUILDING BOMBING IN OKLAHOMA CITY, IREP FUNDED A NINE-MEMBER CRISIS RESPONSE TEAM THAT PROVIDED DEBRIEFINGS
AND TRAININGS OF LOCAL SERVICE PROVIDERS AND EMERGENCY
SERVICES PERSONNEL. THE TEAM WORKED IN THE COMMAND
CENTER, DEBRIEFING RESCUE WORKERS AS THEY ROTATED OUT
OF THE BOMB SITE, TRAINING LOCAL CLERGY IN DEATH
NOTIFICATION, AND DEBRIEFING ANY OTHERS WHO REQUIRED
THOSE SERVICES. TWO ADDITIONAL OVC-SUPPORTED CRISIS
RESPONSE TEAMS FURTHER ASSISTED LAW ENFORCEMENT
PERSONNEL, AS WELL AS TEACHERS, COUNSELORS, AND SCHOOL
CHILDREN THROUGHOUT THE CITY WHO WERE AFFECTED BY THE
BOMBING. MORE THAN 2,000 DEBRIEFINGS FOR VICTIMS, FOR
EMERGENCY SERVICE PERSONNEL, AND FOR TEACHERS AND
SCHOOL CHILDREN WERE CONDUCTED BY THESE THREE TEAMS.
AT THE REQUEST OF U.S. ATTORNEY PAT RYAN, MY SPECIAL ASSISTANT AND I WENT TO OKLAHOMA CITY AND HELPED FORMULATE A PLAN TO: FIRST, IDENTIFY AND CONTACT ALL OF THE BOMBING VICTIMS, FOCUSING FIRST ON FAMILY MEMBERS OF THOSE WHO WERE KILLED AND SERIOUSLY INJURED; SECOND, TO CONNECT AND PUBLICIZE A 1-800 VICTIM ASSISTANCE HOTLINE; THIRD, TO BEGIN CALLING VICTIMS WHO HAD ALREADY BEEN IDENTIFIED TO SCHEDULE PERSONAL APPOINTMENTS; FOURTH, TO DEVELOP PACKETS OF MATERIALS REGARDING VICTIMS' RIGHTS AND AVAILABLE SERVICES; AND FINALLY, TO DEVELOP FORMS FOR VICTIM/WITNESS COORDINATORS TO USE DURING PHONE CONTACTS WITH VICTIMS. LATER I SENT ANOTHER OVC STAFF MEMBER TO CONTINUE TO ASSIST VICTIM/WITNESS COORDINATORS WITH THESE TASKS.
IREP ALSO HAS RESPONDED TO SMALLER, BUT NO LESS
DEVASTATING INCIDENTS, SUCH AS AN EIGHT FATALITY DRUNK
DRIVING CRASH INVOLVING MEMBERS OF THE RAMAH NAVAJO
TRIBE. IREP FUNDED A CRISIS RESPONSE TEAM THAT
INCLUDED NATIVE AMERICAN SERVICE PROVIDERS AND WAS
SPONSORED BY MOTHERS AGAINST DRUNK DRIVING. THE 7-PERSON TEAM PROVIDED SERVICES TO SURVIVING RELATIVES
AND MEMBERS OF THE RAMAH COMMUNITY DIRECTLY AS WELL AS
THROUGH A CALL-IN SHOW BROADCAST BY THE TRIBE'S RADIO
STATION.
IN ADDITION TO FUNDING SERVICES THAT YOU REQUEST
FOR CRIME VICTIMS, OVC ALSO FUNDS MANY TRAINING
OPPORTUNITIES FOR FEDERAL PROSECUTORS AND
VICTIM/WITNESS COORDINATORS. THESE TRAININGS OFTEN ARE
DEVELOPED IN RESPONSE TO REQUESTS FROM YOUR OFFICES.
IN 1994, OVC INITIATED THE DISTRICT SPECIFIC
TRAINING PROGRAM, WHICH FUNDS DISCIPLINE-SPECIFIC
WORKSHOPS AND CONFERENCES, SUCH AS THE MIDWEST HOSTAGE
NEGOTIATION TRAINING CONFERENCE I DISCUSSED EARLIER.
TRAININGS ARE PLANNED AND DESIGNED BY DISTRICTS TO MEET
THEIR UNIQUE NEEDS. THE FUNDS ALSO MAY SUPPORT
SCHOLARSHIPS FOR CONFERENCE PARTICIPANTS FROM REMOTE
AREAS. THESE TRAINING PROGRAMS TYPICALLY ASSIST U.S.
ATTORNEYS IN THEIR COMPLIANCE WITH FEDERAL CRIME
VICTIMS' LEGISLATION AND HELP IMPROVE THE RESPONSE OF
FEDERAL CRIMINAL JUSTICE, TRIBAL, MILITARY, AND OTHER
PERSONNEL WITHIN THEIR JURISDICTIONS TO THE NEEDS OF
FEDERAL CRIME VICTIMS.
TO DATE, OVC HAS PROVIDED $125,000 FOR U.S.
ATTORNEY-SPONSORED TRAINING PROGRAMS. FOR EXAMPLE,
OVC, THE BUREAU OF INDIAN AFFAIRS, AND THE DISTRICTS OF
ARIZONA, COLORADO, NEW MEXICO, AND UTAH JOINTLY
SPONSORED THE FOUR CORNERS INDIAN COUNTRY CONFERENCE IN
DURANGO, COLORADO LAST AUGUST. THE CONFERENCE,
ENTITLED "STOPPING THE CYCLE OF VIOLENCE," FEATURED
MULTI-DISCIPLINARY DISCUSSIONS ABOUT THE CRITICAL
ISSUES OF JUVENILE JUSTICE, CHILD ABUSE, DOMESTIC
VIOLENCE, GANGS, CULTURAL AWARENESS, AND VICTIM
ASSISTANCE.
IN JUNE, 1995, THE FEDERAL DISTRICTS IN TEXAS
SPONSORED A VICTIM ASSISTANCE CONFERENCE TO BRING
TOGETHER MILITARY AND FEDERAL CRIMINAL JUSTICE
PERSONNEL. MORE THAN 70 PARTICIPANTS, REPRESENTING 10
MILITARY INSTALLATIONS, SEVERAL FEDERAL LAW ENFORCEMENT
AGENCIES, AND VICTIM ASSISTANCE AGENCIES ATTENDED THE
TWO DAY CONFERENCE, WHICH SOUGHT TO IMPROVE THE
TREATMENT OF CRIME VICTIMS BY THE MILITARY CRIMINAL
JUSTICE SYSTEM.
OVC HAS PROVIDED OTHER CONFERENCE TRAINING SUPPORT.
SINCE 1988, OVC HAS SPONSORED TEAMS NOMINATED BY U.S.
ATTORNEYS' OFFICES TO ATTEND THE NATIONAL SYMPOSIUM ON
CHILD SEXUAL ABUSE IN HUNTSVILLE, ALABAMA. THE TEAMS
RECEIVE MULTIDISCIPLINARY TRAINING ON HANDLING CHILD
SEXUAL ABUSE CASES. IN CONJUNCTION WITH THE SYMPOSIUM,
OVC SPONSORS A SPECIAL FEDERAL TRAINING DAY THAT
FOCUSES ON FEDERAL CHILD SEXUAL ABUSE ISSUES. LAST
YEAR, MORE THAN 150 FEDERAL PROSECUTORS, INVESTIGATORS,
AND VICTIM-WITNESS COORDINATORS ATTENDED. I WILL AGAIN
SEEK NOMINATIONS FROM YOUR DISTRICT TO ATTEND THIS
YEAR'S CONFERENCE.
DURING THE PAST THREE YEARS, OVC JOINED WITH EOUSA
IN A UNIQUE COOPERATIVE AGREEMENT TO PROVIDE VICTIM
ASSISTANCE TRAINING EXPRESSLY FOR VICTIM-WITNESS
COORDINATORS. THESE "FOCUS ON THE FUTURE" CONFERENCES
HAVE PROVIDED COORDINATORS WITH BASIC TO ADVANCED
SKILLS TRAINING TRACKS.
VICTIM-WITNESS COORDINATORS TRULY ARE THE UNSUNG
HEROES OF THE FEDERAL CRIMINAL JUSTICE SYSTEM. THEY
CARRY ENORMOUS CASELOADS, BUT CONSISTENTLY GO ABOVE AND
BEYOND THE CALL OF DUTY TO ASSIST FEDERAL CRIME VICTIMS
DURING A CASE AND EVEN AFTER THE CASE HAS BEEN
COMPLETED. I SAW FIRSTHAND A GOOD EXAMPLE OF
EXTRAORDINARY WORK BY VICTIM/WITNESS COORDINATORS AFTER
THE OKLAHOMA CITY BOMBING. JOAN GAY OF THE DISTRICT OF
KANSAS AND GAYLA STEWART OF THE NORTHERN DISTRICT OF
OKLAHOMA SPENT WEEKS WORKING 18 HOUR DAYS TO ASSIST
DAHLIA LEHMAN, THE VICTIM/WITNESS COORDINATOR IN THE
WESTERN DISTRICT OF OKLAHOMA. THANKS TO THEIR
DEDICATION AND THE GENEROSITY OF THEIR U.S. ATTORNEYS
WHO ALLOWED THEM TO TAKE TIME TO WORK IN OKLAHOMA CITY,
HUNDREDS OF VICTIMS OF THE BOMBING LEARNED ABOUT THEIR
RIGHTS AND RECEIVED NEEDED SERVICES. I HOPE THAT YOU
WILL MAKE EVERY EFFORT TO GET TO KNOW YOUR VICTIM-WITNESS COORDINATOR WELL AND LET HER KNOW HOW MUCH HER
WORK IS VALUED.
FINALLY, I WANT TO BRIEFLY MENTION OUR WORK IN THE
AREA OF VICTIMS' RIGHTS. OVC IS RESPONSIBLE FOR
REVISING THE AG GUIDELINES FOR VICTIM AND WITNESS
ASSISTANCE TO ENSURE THAT THEY FULLY REFLECT NEW
VICTIM-WITNESS PROVISIONS IN THE LAW. THESE GUIDELINES
CONTAIN CRUCIAL INFORMATION AND REQUIREMENTS FOR
PROVIDING RIGHTS AND SERVICES TO CRIME VICTIMS AND I
URGE YOU TO FAMILIARIZE YOURSELF WITH THEM IF YOU
HAVEN'T ALREADY. BOTH THE GUIDELINES AND THE OFFICE OF
LEGAL EDUCATION LITIGATION SERIES MANUAL - CHAPTER 18
ON VICTIMS ISSUES CONTAIN AN EXCELLENT COMPILATION OF
MAJOR VICTIMS RIGHTS statutes WHICH WE DON'T NEED TO
REVIEW NOW. BUT I DO WANT TO HIGHLIGHT A COUPLE OF NEW
AREAS.
FIRST, I THINK THAT IT'S VERY IMPORTANT TO BECOME
FAMILIAR WITH THE PROVISIONS OF THE 1994 CRIME LAW
WHICH WENT INTO EFFECT A YEAR AGO AND WHICH EXPAND
VICTIMS' RIGHTS.
THE ACT PROVIDES THE RIGHT OF ALLOCUTION AT THE
TIME OF SENTENCING TO ALL VICTIMS OF VIOLENT CRIMES.
YOU SHOULD MAKE EVERY EFFORT TO INFORM THEM OF THIS NEW
RIGHT.
FRANKLY, I DON'T THINK THE FEDERAL LAW GOES FAR
ENOUGH. I THINK THAT THE RIGHT OF ALLOCUTION SHOULD
APPLY TO ALL CRIME VICTIMS. I KNOW FROM HAVING WORKED
WITH THOUSANDS OF VICTIMS THROUGHOUT THE YEARS THAT
IT'S VERY MUCH NOT ONLY A MATTER OF JUSTICE FOR THEM TO
BE HEARD --- TO HAVE THEIR DAY IN COURT --- BUT IT'S
ALSO VERY MUCH A PART OF THE HEALING PROCESS. AND IT'S
CRITICAL THAT THEY BE INFORMED OF THIS RIGHT SO THEY
CAN DECIDE TO EXERCISE IT OR NOT.
THE 1994 CRIME BILL ALSO PROVIDES FOR THE HEALTH
CONCERNS OF SEXUAL ASSAULT VICTIMS WHEN THE OFFENSE
POSES A RISK OF HIV TRANSMISSION. THESE VICTIMS HAVE
THE RIGHT TO HAVE THE ATTORNEY GENERAL PAY FOR THE COST
OF UP TO TWO ANONYMOUS AND CONFIDENTIAL TESTS, AS WELL
AS THE COST OF A COUNSELING SESSION BY A MEDICALLY-TRAINED PROFESSIONAL REGARDING THE ACCURACY OF SUCH
TESTS. AND VICTIMS HAVE THE RIGHT TO PETITION THE
COURT TO HAVE THE DEFENDANT SUBMIT PRETRIAL TO AIDS
TESTS AND TO HAVE THE RESULTS REVEALED TO THEM. A FORM
PETITION IS INCLUDED IN THE CHAPTER.
ANOTHER ISSUE I WANT TO EMPHASIZE IS THE IMPORTANCE
OF CONFERRING WITH VICTIMS THROUGHOUT THE PROCESS,
ESPECIALLY BEFORE ENTERING INTO A PLEA AGREEMENT. THAT
IS AN ISSUE THAT IS CRITICAL TO THEM, AND THEY REALLY
WANT TO BE HEARD BY YOU ON THE SUBJECT.
HAVING WORKED WITH CRIME VICTIMS FOR SO MANY YEARS,
I KNOW THAT THEY CONSIDER LAW ENFORCEMENT AND
PROSECUTORS TO BE THEIR ALLIES AND THEIR ADVOCATES,
EVEN THOUGH TECHNICALLY THEY REPRESENT THE "PEOPLE,"
NOT THE VICTIM. AND THE GREATEST FRUSTRATION TO
VICTIMS --- IS NOT WHEN THEY LOSE A JURY TRIAL --- BUT
WHEN A MEMBER OF "THEIR TEAM" LETS THEM DOWN -- WHEN
THE POLICE OR PROSECUTORS DON'T TREAT THEM WITH DIGNITY
OR IGNORE THEIR RIGHTS. I HOPE THAT EVERYONE IN THIS
ROOM WILL BEND OVER BACKWARDS NOT ONLY TO FOLLOW THE
LETTER OF THE LAW WHICH ADMITTEDLY IS SOMETIMES VAGUE -- BUT TO DO EVERYTHING YOU CAN TO TREAT VICTIMS WITH
DIGNITY AND RESPECT -- THE WAY YOU WOULD WANT TO BE
TREATED IF THE ROLES WERE REVERSED. THE QUESTION FOR
PROSECUTORS SHOULDN'T BE WHAT DO I HAVE TO DO? THE
QUESTION YOU SHOULD ASK YOURSELVES IS WHAT IS THE MOST
I CAN DO FOR THESE VICTIMS OF CRIME?
I WANT TO COMMENT FOR A MOMENT ABOUT THE JUVENILE
JUSTICE SYSTEM. IN TODAY'S JUVENILE JUSTICE SYSTEM,
VICTIMS CAN'T FIND OUT IF CRIMINALS WHO VICTIMIZED THEM
ARE IN JAIL, UNDER TREATMENT OR SUBJECTED TO A
PROTECTIVE ORDER. VICTIMS ARE NOT ALLOWED TO ATTEND
COURT HEARINGS OR TO BE CONSULTED ABOUT PLEA BARGAINS.
IN MOST CASES, THEY ARE NOT EVEN ALLOWED TO KNOW THE
JUVENILE'S NAME. THE NEW LAW WILL GIVE VICTIMS OF
CRIME ALL THE RIGHTS THEY HAVE IN THE ADULT COURT
SYSTEM, INCLUDING THE RIGHT TO BE CONSULTED ON PLEA
BARGAINS, SPEAK AT SENTENCING, AND BE NOTIFIED WHETHER
AN OFFENDER IS RELEASED FROM JAIL.
TODAY'S JUVENILE JUSTICE SYSTEM PREVENTS TEACHERS
FROM TALKING TO LOCAL POLICE ABOUT PENDING
INVESTIGATIONS INVOLVING JUVENILES. UNDER THIS BILL,
TEACHERS MAY TALK TO POLICE, STATE OFFICIALS MAY TALK
TO EACH OTHER AND ALL PROSECUTORIAL ACTIVITIES WILL BE
PLACED IN ONE OFFICE: THE DIVISION OF CRIMINAL JUSTICE,
WHICH WILL BE ABLE TO COORDINATE THE PROSECUTION OF
JUVENILES AND ADULTS WITHOUT BUREAUCRATIC OBSTACLES.
THIS BILL CHANGES THE CONFIDENTIALITY LAW BY
ALLOWING THE DISCLOSURE OF JUVENILE DELINQUENCY RECORDS
TO AGENCIES INVOLVED IN DELINQUENCY PROCEEDINGS OR
PROVIDING SERVICES TO THE CHILD.
THE BILL ALSO CREATES NEW VICTIMS' RIGHTS BY MAKING
THE INFORMATION FROM THE JUVENILE CASE RECORD AVAILABLE
TO THE VICTIM. THE LEGISLATION ALSO PROVIDES FOR
RESTITUTION TO THE VICTIM BY THE JUVENILE DELINQUENT
AND/OR HIS PARENT OR GUARDIAN.
I WANT TO LEAVE YOU WITH TWO THOUGHTS. THE
FIRST ONE IS I HOPE THAT YOU TAKE PRIDE IN THE
ACCOMPLISHMENTS OF THE CRIME VICTIMS FUND THAT YOU HELP
TO SUPPORT. NOT ONLY DOES IT PROVIDE CRUCIAL SERVICES
FOR MILLIONS OF CRIME VICTIMS, BUT IT ALSO FUNDS
PIONEERING PROGRAMS WHICH ARE THEN DUPLICATED IN OTHER
COMMUNITIES. VOCA FUNDS WERE USED TO BEGIN THE
CHILDREN'S ADVOCACY CENTER IN HUNTSVILLE, ALABAMA AND
NOW THERE ARE 250 OTHER CENTERS, MANY OF WHICH ALSO
RECEIVE FUNDING FROM US.
AND THIS TEAM CONCEPT OF HANDLING CASES IS NOW
BEING APPLIED IN SOME COMMUNITIES, NOT JUST TO CHILDREN
BUT TO ALL CRIME VICTIMS. JACKSONVILLE, FLORIDA, FOR
EXAMPLE, HAS A VICTIM SERVICES CENTER LOCATED IN A
WONDERFUL VICTORIAN HOUSE WHERE EVERY CRIME VICTIM CAN
COME TO RECEIVE THE SERVICES THEY NEED. OVC IS ALSO
FUNDING CRISIS RESPONSE TRAINING FOR STATES SO THAT
COMMUNITIES CAN BE BETTER PREPARED TO RESPOND TO MAJOR
CRIMINAL DISASTERS. AND WE HELP TO FUND AND SPREAD
INNOVATIVE PROJECTS LIKE THE VICTIM IMPACT CLASSES THAT
I MENTIONED AT THE CALIFORNIA YOUTH AUTHORITY.
I WANT TO END BY STRESSING THE IMPORTANCE OF
VICTIMS' VOICES IN ALL OF OUR WORK --- IN LAW
ENFORCEMENT AND PROSECUTOR AND JUDGES TRAININGS, IN
COURT, IN CORRECTIONAL FACILITIES, AND IN SCHOOLS, AND
IN SETTING PUBLIC POLICY. NO ONE HAS BEEN MORE
EFFECTIVE IN CHANGING PUBLIC POLICY THAN CRIME VICTIMS
THEMSELVES.
WE THINK OF THE LEADERS OF MOTHERS AGAINST DRUNK
DRIVING, LIKE CANDY LIGHTNER WHOSE DAUGHTER, CARI, WAS
KILLED AT 13 BY A REPEAT OFFENDER. MADD HAS HELPED
REDUCE ALCOHOL-RELATED FATALITIES BY 31% IN THE LAST 10
YEARS. WE THINK OF THE PARENTS OF MISSING CHILDREN,
LIKE JOHN WALSH WHOSE SON, ADAM, WAS KIDNAPED AND
KILLED WHEN HE WAS SIX, WHO HELPED TO ESTABLISH THE
CENTER FOR MISSING AND EXPLOITED CHILDREN WHICH HAS
RECOVERED CLOSE TO 30,000 CHILDREN SINCE 1984. AND I
THINK OF CHERYL BESS, ONE OF THE MOST REMARKABLE
SURVIVORS OF CRIME THAT I MET THIS PAST YEAR. TEN
YEARS AGO, CHERYL WAS A STRAIGHT-A STUDENT IN THE 9TH
GRADE. SHE DREAMED OF BECOMING A DOCTOR, AND WORKING
IN HER SOUTHERN CALIFORNIA, AFRICAN-AMERICAN COMMUNITY.
WHILE WALKING TO SCHOOL ON A BEAUTIFUL OCTOBER DAY,
CHERYL WAS OFFERED A RIDE BY THE JANITOR OF HER
BUILDING. UNBEKNOWNST TO HER, JACK OSCAR KING WAS A
REPEAT SEX OFFENDER ON PAROLE FOR RAPE AND THE
ATTEMPTED MURDER OF A NINE-YEAR-OLD GIRL. HE DROVE
CHERYL TO THE DESERT, WHERE HE SEXUALLY ASSAULTED HER,
THREW ACID ON HER FACE AND ARMS, AND LEFT HER TO DIE.
CHERYL TOLD HERSELF THAT SHE HAD TO SURVIVE BECAUSE HER
MOTHER WOULD NEVER RECOVER FROM HER DEATH. SHE
WANDERED FOR EIGHT HOURS BEFORE BEING RESCUED.
CHERYL IS BLIND, DEAF IN ONE EAR, AND PHYSICALLY
DISFIGURED BEYOND RECOGNITION. BUT HER ASSAILANT COULD
NOT STRIP HER OF HER VOICE, NOR COULD HE TAKE HER
OPTIMISTIC, DETERMINED SPIRIT. TODAY, CHERYL IS NOT
ONLY A MAGNIFICENT GOSPEL SINGER, A COLLEGE STUDENT,
AND THE HOST OF A RADIO TALK SHOW, BUT ALSO ONE OF THE
MOST POWERFUL ADVOCATES FOR VICTIMS RIGHTS AND SERVICES
IN THIS STATE. SHE RECEIVED A SPECIAL COURAGE AWARD
LAST APRIL FROM THE PRESIDENT AND THE ATTORNEY GENERAL.
SHE REMINDS US ALL THAT THE HUMAN SPIRIT CAN OVERCOME
ANY TRAGEDY, AND THAT ANYTHING IS POSSIBLE FOR CRIME
VICTIMS.
I WANT TO ASSURE EVERYONE HERE THAT AS YOU TRY TO PROVIDE THE BEST SERVICES POSSIBLE TO YOUR VICTIMS OF CRIME, YOU WILL ALWAYS HAVE A VOICE AND FIND A FRIEND AT THE OFFICE FOR VICTIMS OF CRIME.