Victim Psychology MCLE Final no notes
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Transcript of Victim Psychology MCLE Final no notes
Victim Psychology for Prosecutors
Giles H. Feinberg M.A.
Victim Advocate
Agenda
Victim Advocacy
Understand Symptoms
Memory & Trauma
Learn Useful Tips
Court & Clients
Build Connections & Relate to Victims
Advocacy Role
• Navigate the Criminal Justice System
• Provide Information and Resources
• Manage Client Expectations
The Duluth Model
Power & Control
• Victims of all
categorical types
have suffered
some loss of
power and
control
The Intersection of Law & Psych
Marsy’s Law, Victim Advocates, and ADA’s
work collaboratively to restore power and
control through information and choice
PC 868.5
Prosecuting witnesses in a case
shall be entitled, for support, to
the attendance of up to two
persons of his or her own
choosing at the preliminary
hearing and at the trial, or at a
juvenile court proceeding,
during the testimony of the
prosecuting witness.
PC 1191.1The victim, or up to two of the victim's parents or guardians if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express their views concerning the crime, the person responsible, and the need for restitution.
PC 13835
To provide services to meet the needs of
both victims and witnesses of crime
through the funding of local
comprehensive centers for victim and witness assistance.
Marsy’s Law
•Information/referral
•Notification
•Safety
•Restitution/Compensation
•Participation
Giving “Teeth” to Marsy’s Law
• I hereby state that I have received, read,
and fully understand my ‘Victim’s
Rights’ given to me by the San Francisco
District Attorney.
Goal of Marsy’s Law
• Victims’ rights, including the right to be
present and the right to be heard, are
crucial in helping victims integrate the
story of the trauma, and thus heal.
• California Constitution, Article I,
Section 28(b)• www.cdcr.ca.gov
Just-World Hypothesis
• A woman goes out to a club wearing stilettos and a miniskirt with no underwear. She gets pretty drunk and stumbles home in the wrong direction. She ends up lost in a bad neighborhood. She gets _________.
– Does society blame her in some way? See it as her fault? Was she asking for it?
• Youarenotsosmart.com
Concerns for the Testifying Victim
…Concerns
Serial Recall Task
…Concerns
…Concerns
…Concerns
Shame & Guilt
• “The news spread of my mugging
throughout the company and I was
repeatedly asked about what happened
by co-workers, supervisors and even by
people I barely knew. I felt extremely
embarrassed and distressed as I became
office gossip to so many people.”
The Apology
Cognitive Dissonance
• Cognitive Dissonance refers to a
situation involving conflicting attitudes,
beliefs or behaviors.
• This produces a feeling of discomfort leading to an alteration in one of the
attitudes, beliefs or behaviors to reduce
the discomfort and restore balance etc.
– Festinger (1957)• www.simplypsychology.org
Neurobiology of Trauma
Trauma Defined
• Physical, cognitive, & emotional
response to events & situations that are
distressing & overwhelm a person’s
existing or previous coping mechanisms.
• Your subjective experience (not the
facts/event) determine whether an event
is traumatic.
Brain Development
Neurobiology• Exposure to trauma results in a neural
network that leads to an automatic
response to any perceived threat.
• This response may make one feel like
they are “going crazy,” when it’s just the
reality of the impact of trauma on the
brain.
Full Brain Development at age 25
Neurobiology• Trauma may result in a neural network
that defends against any vulnerable
emotions by either shutting down or
dissociating.
Survivor Memory
• Memory decays over time
– Stories change
– Primacy
• Recalling the first items in series
– Recency
• Recalling the last items in a series
Structure in the Brain? Double Bonus Question!
Hippocampus
Olfactory Bulb
Testimony Challenges
• Weapon Focus
• Stressed State
• Misidentification
Possible Solution
Possible Solution
• A flashbulb memory is a highly detailed,
exceptionally vivid 'snapshot' of the
moment and circumstances in which a
piece of surprising and consequential (or
emotionally arousing) news was heard,
or experienced.
Also Consider when…
Triggered Crying
• Tearfulness may be a trigger of a loss of
power and control.
• Victims may give clearest insight into their mental state during the crime.
A Final Thought on Trauma
• “Estimator variables” are not under the
control of the criminal justice system
(such as ethnicity or stress)
• “System variables” are under the control
of the criminal justice system (such as
lineups and interrogations)
Grounding
Grounding
Serial Recall Task
References• Domestic Abuse Intervention Programs. (2011). http://www.theduluthmodel.org/training/wheels.html . 202
East Superior Street, Duluth, MN 55802
• Chris Wilson, Psy.D. (2013). [email protected] The Neurobiology of Trauma for Beginners:
what every practitioner needs to know. Legal Assistance for Crime Victims
• Joyce Dorado (2013), UCSF HEARTS, Child & Adolescent Services, UCSF/SFGH Promoting School Success
for Students Who Have Experienced Complex Trauma: Creating Trauma-Sensitive School Environments
• California Penal Code Section 868.5. http://law.onecle.com/california/penal/868.5.html (2014).
• Cognitive Dissonance. Saul McLeod (2008, updated 2014). http://www.simplypsychology.org/cognitive-
dissonance.html
• David McRaney. (2010). The Just-World Fallacy. http://youarenotsosmart.com/2010/06/07/the-just-world-
fallacy/