Increasing Safety at the Courthouse for Victims of Domestic Violence

Transcription

1 Increasing Safety at the Courthouse for Victims of Domestic Violence A presentation to the Virginia Sheriff s Assoc., April 24, 2009 Madelynn Herman Supreme Court of Virginia Office of the Executive Secretary Department of Judicial Planning 8/27/2010 1

2 If we cannot ensure the safety of all participants in the judicial process, we cannot maintain the integrity of the system, we cannot in sum establish justice, as mandated in the preamble of the constitution of the United States. A joint statement by Chief Justice Warren Burger and U.S. Attorney General William French Smith on March 11, 1982

3 Objectives Why things are different today Virginia domestic violence statistics How to increase safety: At the courthouse In the courtroom For a victim of domestic violence Maintaining a safe courthouse 8/27/2010 3

4 Recent factors that have increased security concerns An increase in self-represented litigants, especially in DV proceedings A rise in divorce proceedings, protection orders and violations of PO s An increase in the number of people with psychiatric or mental disability coming into the criminal justice system

5 Recent factors that have increased security concerns (continued) An increase in gun-related crimes A general increase in violence in society and toward government, institutions, and authority Contract security officers providing court security Tight budgets that don t allow for security officers in every courtroom

6 VA Domestic Violence Statistics In 2007, 25% of all homicides were related to domestic and intimate partner violence In 2007, 22,515 incidents of assault and battery against a family or household member were reported to law enforcement In 2007, 29,934 emergency protective orders for family abuse incidents were issued by magistrates

7 VA Domestic Violence Statistics In 1997, there were 26 arrests for protective order violations, in 2007, there were 3,138 (a 12,000% increase) In Henrico County, 5 out of 15 homicides were domestic related in 2005 Nationally, 1 in 4 women will be a victim of domestic violence in their lifetime

8 Why are there increased security concerns regarding domestic violence? Power and control as the central reason for domestic violence The system takes the power and control away from the defendant The most vulnerable time for the victim is when the defendant has been charged with a crime Emotions are running very high

9 Courthouse shootings are often intensely personal. Half the shootings involve family disputes such as child custody or child support, divorces, or no-contact order cases involving family members. Many of the shooters had been convicted or accused of spousal abuse. Don Constantine, Citizens Have a Right to Safety in the Courthouse, Justice System Journal, vol. 28, no. 1 (2007)

10 Increasing Safety at the Courthouse Limit the number of entrances to the courthouse/courtroom Security screening/metal detectors Create secured parking spaces for victims near court facilities, have adequate lighting Use video cameras to monitor courtrooms & hallways

11 Increasing Safety at the Courthouse Post signs that list prohibited items allowed in the courthouse and courtroom Post signs that all who enter the courtroom are subject to search Post signs that proceedings are being monitored and taped by surveillance cameras (incidences declined by 75%)

12 Increasing Safety in the Courtroom Minimize victim contact with the defendant Have the victim sit as far away from the defendant as possible Advise those entering the courtroom to remain seated at all times

13 Increasing Safety in the Courtroom Have panic buttons for judges and security personnel inside the courtroom Have victims and defendants enter and leave the courtroom through different doors and at different times Have a rule requiring the defendant to wait 20 minutes after victim leaves courtroom

14 Increasing Safety for the Victim Provide for separate waiting areas for victims and defendants If unaccompanied, assign court staff to stand between victim and offender Permit the victim to leave the courtroom first, provide secure hallways Be prepared to escort victims from the courtroom to their car

15 Maintaining a Safe Courthouse Keep track of threats and incidences Conduct security assessments & audits Establish policies, procedures, and protocols for safety

16 Maintaining a Safe Courthouse Establish a security committee to promote dialog between court staff and security personnel Conduct ongoing training for both court security staff and court staff Apply for grants that allow for enhancements to security equipment and staffing

17 Helpful Resources Court Security Resource Guide: A Practical Guide to the Practices, Procedures and Resources Available for Those Providing Court Security. National Sheriff`s Association Court Officers` & Deputies` Association (2008). Mini Symposium on Court Security. Justice System Journal, vol. 28, no. 1 (2007); Entry Screening: A Court s First Line of Defense, 2008 Future Trends in State Courts. National Center for State Courts (2008); Hathcock, Jessie. Improving the Security of Missouri Trial Courts. Institute for Court Management, May 2001; Security and the Courts Resource Guide. National Center for State Courts;

18 Thank you for your time and attention! Contact Information: Madelynn Herman