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Lethality Assessment
Page 27
Has a history of domestic violence
Has access to guns
Abuses the victim in public places
Holds obsessive or possessive beliefs or attitudes
Has made statements such as, “I’ll never let you go.”
Has attempted to strangle the victim
Threatens to kidnap, injure, or kill children
Repeatedly violates Orders of Protection
Assessing Threats (1)
Pre-Incident Indicators?
Assessing Threats (2)
• “rehearsals” of the act that is being threatened?
• the threat extend s to others (children, police, her new lover)?
• the threat involve murder, suicide or both?
• threat was made in the presence of other people? In writing? In a recorded phone conversation?
• she/he believe the threat?
• it is detailed and specific?
• the threatened act is consistent past or witnessed behavior?
Assessing Lethality (1)Warning Signs
Threats/Attempts of Homicide or Suicide
Fantasies of Homicide or Suicide
Weapons owned or available
“Ownership” of Victim
Obsessed with Victim or Family
Separation Violence – Stalking
Depression
Assessing Lethality (2)Other Issues to Consider
Access to Victim or Family
Hostage-Taking
Previous Contacts with Police
Drug/Alcohol Abuse
Offenders “perception of betrayal by
victim”
Offender exhibits significant changes
Assessing Lethality (3)Other Danger Signals
Increased severity and frequency of abuse
Rape
Battering during pregnancy
Violence toward children
Strangulation of victim
Cruelty to pets
Obsession with fire
Officer Response to High Lethality Risk
Protect Victims And
Hold Offenders Accountable
Why Lethality Assessment is so Important
Documents Risk Factors Used
to Determine Bail Bond
Bail Bond (1)
72-Hour No Contact Conditions of Bond – DV Specific
In place for any defendant who has been charged with criminal offense in which the victim was a family or household member as defined by the IDVA.
The defendant must “refrain” from contact or communications with the victim, and “refrain” from entering or remaining at the victim’s residence.
72-hours begin when defendant is released from custody.
I prefer a “no contact until further order of court” to attempt to prevent the inevitable pressures on victim to dismiss case.
Bail Bond (2)Special No Contact Condition of Bond – Not DV
Specific
A Judge orders a special condition that the defendant have no contact with a specific person, place, groups of people, etc. as a condition of bond.
If the victim is a family or household member a Violation of Bail Bond (VOBB) charge could be filed by the SA. Class A Misdemeanor.
If the victim is not a family or household member a State’s Attorney has several options (depending on the violation) such as immediately asking for bond to be increased, or asking for the matter to be set for hearing before the judge re-assesses the bond.
720 ILCS 5/32-10
725 ILCS 5/110-6
Bail Bond AssessmentsJudges MUST consider the following when
setting bond (Effective 2007)
History of violence, domestic violence, court order violations
Access to weapons or history of using weapons
History of drug and/or alcohol abuse, mental health issues
Offender and victim have currently separated
Offender stalked, surveilled, or isolated the victim
Offender has expressed suicidal or homicidal ideations
New Bischoff Bail Statute (1)
Effective January 1, 2009
Requires the court to order a risk assessment on any defendant charged with VOOP Some courts requiring this in 48 hour window before a bond is
set
Other courts requiring the assessment to be done as a condition of bond
One of the reasons we need the information requested in the previous slide (history of violence, death threats, etc.)
New Bischoff Bail Statute (2)
Based on information gathered in the risk assessment, the Court can order the defendant to wear a GPS device as a condition of bond.
Also can order the GPS device as a condition of any probation that may be granted.
Good Communication between Social services agencies and Law Enforcement is a MUST.
Training Exercise
Handling the Call:
Domestic Violence Vignettes
Stalking Scenario
“Everywhere I Go There He Is –
Am I Losing My Mind?”
ACKNOWLEDGEMENTS
We would like to take this opportunity to thank those Individuals and agencies who have assisted us in the development of this presentation:
- Mark Wynn, Wynn Consulting - www.markwynn.com
- 4th Judicial Circuit FVCC Law Enforcement Committee
- OVW Rural Grant Committee, 4th Judicial Circuit
This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority.
The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority.
Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.