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). chris@drchristopherwilson.com 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/