Interviewing Skills for Elders and Adults with DisabilitiesSenior District Attorney Investigator Jerry N. VillanuevaCounty of San Bernardino

Skills and Techniques for the Interviewer

Know your victimdeserving of special consideration and protection

California Penal Code Section 368(a)(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protection provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and..

ContinuedTherefore LESS ABLE TO PROTECT THEMSELVES, TO UNDERSTAND OR REPORT CRIMINAL CONDUCT, OR TO TESTIFY IN COURT PROCEEDINGS ON THEIR OWN BEHALF.

ThereforeState Legislators have given us our lead!Lets not lose this opportunity!Educate yourselves to the special needs and abilities of your victim!Educate yourselves as to how you can better communicate with your victim!Educate yourselves to how special and deserving your victims truly are.

What will we learn?How to prepare for the interview.Issues to be addressed before the interview begins.Conducting the Mini-mental exam.Conducting The Interview.Issues to be addressed after the interview.

Lets get started!In a perfect world

Preparing for The Interview

Know the facts(not just the crime)Develop an understanding of the case and the role of each individual mentioned and how that person impacts the life of your victim. Respect the fact that the victim may still believe that the suspect is innocent, made a mistake, couldnt help themselves, etc.

Know your victim(Family and Care Provider)

Know the relationship with the victim?Be sure to ask the victim if they want the care provider or family member present?Why have someone present when the victim doesnt want them there?

Know your victim (Personal and Medical needs)What personal items might the victim need during the interview?What items of comfort might the victim need during the interview?What special communication devices, items, etc. will the victim need?

Know your victim(Documents)Police reportsAPS reportsMedical reportsRegional centerBank statementsCredit report

Have your questions preparedOur victims have already been victimized by the suspect (lets not do it again)Consider the fact that the victim has been preparing for your interview from the moment they learned of it.Respect your victim by being prepared.

Have all your Documentary EvidenceBe able to present to the victim each piece of evidence that will be needed?In a manner that is not confusing to the victim.In a manner that will not bring discomfort or embarrassment to the victim.

Meeting the victim

Get to know your victimIntroduce yourselfAsk their permission to touch.Ask the victim how they prefer to be addressed? First name? Last name?Explain the interview process.Talk about yourself.Ask what interests they have?Be sincere

Know your victimSpend time getting to know your victim.More than one interview is acceptable.More than two interviews is acceptable.Three?Consider a social visit?What ever it takes.

Understand and acceptVictims are often embarrassed or ashamed.Many victims are afraid to ask for help.Victims may be in denial.Victims may be protective of their privacy.

ContinuedVictims may be afraid to speak out, fearingIf they speak out they will lose their independence, and may be placed in a home.Victims already in a hospital or nursing home may fear displeasing staff, or being discharged if they report abuse.

Elders vs. Dependent Adults?Take your time.

Mentally Competent Elders?Easier to interview becauseEasier to get along with.More than likely they want your help.They are more willing to help you.They typically have better communication skills.In general, they make better witnesses.

Mentally Incompetent Elders?Tougher to interviewUnsure of victims physical reaction to questions?Unsure of victims answers?Difficult to understand or make sense of answers.Often unable to efficiently communicate.

Dependent Adults?Toughest to interview? (Not really)Depending upon the victims disability, this may not always be the case.Victim may be very competent mentally, yet, the physical disability makes communication difficult.Communication is possible.You wont know unless you try.

Before the Interview begins

One more time..Introduce yourself and explain to the victim what you are doing and why.Answer any questions they may have about the process.Tend to the victims personal needs.Evaluate the victims present mental and physical abilities.Introduce all others in the room.

Insure the victim that their own comfort, health and well being are the most important thing to you.If the victim becomes upset, uncomfortable, scared etc. STOP.If at all possible, reassure the victim and continue with the interview.

Conducting the Mini-Mental

HintsBe patient during the interview by allowing the victim time to:Hear the question Process the questionPrepare an answer Respond

More HintsBe professionalBe kindBe courteousBe helpfulBe respectfulMake them believe you are actually all of these things (even if you are not)

Mini-Mental ExamMini-Mental assessment to be conducted in (3) Parts(A) Long term memory(B) Short term memory(C) Current events

Long Term MemoryClarify these issues NOW.Does your victim use glasses? Can your victim read?Can your victim write?Can they sign their name?Do they need a Hearing aid?

Long Term MemoryThis is the time to begin proving your trustworthiness to the victim. (Just like the suspect)This is where you begin to relate to the victim. (Just like the suspect)Allow them the opportunity to talk. (Just like the suspect)

Long Term MemoryBe interestedBe sincereBe excitedBe attentiveBe respectfulAsk questionsShow interest

Sample questionsTalk to the victim about their life?Ask the victim about their hometown?Ask the victim about their jobs, careers, military service etc.Ask the victim about their education?Move the victim from the past into the present

Short Term MemoryBeginning the Mini-MentalThis is the time to use a lot of TactQuestions can be insulting to victimQuestions can be threatening to victimBe cautious and aware of changes in the victims demeanorBe prepared for victims anger, frustration and wrath!

Current EventsThe InterviewPreface with Crime report number etc.Ask the victim if they remember filing the report?If not, help refresh their memory by walking them through the Face SheetRead the name of the suspect and ask about their relationship

Ask the same questions you would normally ask

However, be prepared to ask the same question in a different manner, depending upon the abilities of your victim.

Show the victim the evidence (checks, documents, photos etc.)

Allow the victim time to review.Once again, be prepared to receive and document the answer in a different manner, depending upon the abilities of your victim.

Ending The InterviewBe prepared for questions from the victim. (if they dont remember)Be prepared for questions from the victim. (if they DO remember)Be prepared to defend your position re: the need for prosecution.Help the victim understand why we need their help.

Offer the victimReassurance of how well they did.A contact number in case the victim remembers other important facts at a later time.Remind the victim about the process and what they can expect to happen next.

Your EquipmentVideo cameraTripodAudio recorderBoom MicrophoneExtension cordPower stripBatteriesNotebookPensFelt tip markersPosse Box (hard writing surface)Magnifying glassRadio Shack hearing amplifier

Meeting the Human Requirements

Remember what your mother taught you

Treat People the way you would want to be treated!

Contact InformationJerry N. Villanueva412 W. Hospitality Lane #300San Bernardino, CA. 92415(909) 891-3337Jvillanueva@da.sbcounty.gov

Before the Interview Handout and Preparing for the InterviewLong Term Memory HandoutShort Term Memory Handout