June 9-13, 2014 The University of Tennessee at Chattanooga



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June 9-13, 2014

The University of Tennessee at Chattanooga



Participant’s Manual

newtncoalitionlogo3cloor

Sponsored by:

The Tennessee Coalition to End Domestic and Sexual Violence

2 International Plaza Dr. Ste. 425


Nashville, TN 37217

www.tncoalition.org

615-386-9406

This project is funded under an agreement with the State of Tennessee Department of Finance and Administration, Office of Criminal Justice Programs, grant ID #4831.



Table of Contents

Chapter 1 Introductions and Overview……………………………………..…………1

Chapter 2 History of the Crime Victims’ Rights Movement in the United States……2

Chapter 3 Victims’ Rights Laws in the United States……………………………….32
- Special Topics Supplement: TN Crime Victims’ Compensation……….81

Chapter 4 Navigating the Justice System………………………………………..…..95


Chapter 5 Communication with Victims and Survivors………………………...…134
- Special Topics Supplement: Child Victimization……………………..159
- Special Topics Supplement: Sexual Assault……………………...…...199

Chapter 6 Impact of Crime on Victims………………………………………….....249

Chapter 7 Direct Services………………………………………………………......265
- Special Topics Supplement: Domestic Violence………………………293
- Special Topics Supplement: Rural Issues……………………………...362
- Special Topics Supplement: Victimization of
Individuals with Disabilities ……………………………………….….381

Chapter 8 Collaboration for Victims’ Rights and Services………………………...415

Chapter 9 Ethics in Victim Services………………………………………………..465

Chapter 10 Cultural and Spiritual Competence……………………………………...484

Chapter 11 Developing Resilience…………………………………………………..522

Chapter 1

Introduction

The National Victim Assistance Academy (NVAA) was established in 1995 by the Office for Victims of Crime (OVC) to offer an academic-based curriculum that emphasized foundation-level education in victimology and victims’ rights and services. The original NVAA was coordinated by the Victims’ Assistance Legal Organization (VALOR) in cooperation with four universities and was offered at as many as five sites simultaneously. Following a 2003 formal evaluation, OVC decided to formulate a new NVAA model, to revise and update the text and structure, and to standardize the curriculum. The NVAA was redesigned to include three instructional tracks, to better meet the training needs of those in the victim services field.

Track 1, Foundation-Level Training, is skill-based training that provides professionals and volunteers who assist victims and survivors of crime with a broad understanding of the victim services field and lays the groundwork for building a career in the victim services field.

As a result of this training, participants will learn about the history of the victim services field. They will also learn how to assist victims in attaining their basic rights as victims, how to navigate the criminal justice systems; how to communicate effectively with victims; how to effectively provide direct services to victims while recognizing cultural and spiritual issues that impact service; how to make ethical decisions; how to increase their resilience; and how to collaborate with other agencies to best provide services to victims.

The other NVAA Tracks are Track 2, Specialized Training, and Track 3, Leadership Institute.

Chapter 2

History of the Crime Victims’ Movement

in the United States

Steven Derene, Steve Walker, Ph.D., and John Stein, J.D.1



  • NVAA Module 2
    Learning Objectives


    • Identify the major social/political movements that contributed to the rise of the victims’ rights movement.

    • Describe three major federal victims’ rights laws.

    • List five national victim advocacy organizations.
    This chapter reviews the influence of ancient legal and social codes on today’s victims’ movement and provides an overview of movements that were precursors of the crime victims’ movement. The six stages of the movement are then delineated. Finally, the major milestones at both the federal and state level are summarized.

Today’s view of violent crime and victimization is quite different than in the 1970s. The nation’s emotional and legal reaction to criminals has changed dramatically. Why have personal and political responses changed during this period? This chapter will first summarize the early legal codes from which today’s victims’ rights evolved; then it will focus on the historical development of the crime victims’ movement and the reasons for the public’s more recently altered perceptions of crime and the treatment of crime victims.

In the last three decades, the crime victims’ movement has emerged as a powerful source of social, legal, and political change. Many early pioneers of the crime victims’ movement were influenced by the cultural environment created by the civil rights and antiwar movements. Meanwhile, the women’s movement, as well as the law and order movement, led more directly to the emergence of a clearly defined crime victims’ movement. The history of the movement can be divided into six stages, each denoting new developments in victim involvement and services, changes in service providers’ attitudes, new theoretical concepts, and ongoing legal changes. This description is, by necessity, not inclusive of all historical facts; rather, its purpose is to acquaint the reader with the zeitgeist, or spirit, of each stage of the crime victims’ movement.

EARLY LEGAL CODES

Modern legislative codes primarily have evolved from earlier legal codes as an attempt to define and deal with deviant behavior. The focus has predominantly been on the criminal and his or her motivation, not on the victim and his or her needs. Max Weber stated that the primary purpose of the law was to regulate the flow of human interaction in order to make the behavior of others predictable (as cited in Rheinstein, 1954). Historically, laws also serve other purposes: banishing private retribution, reflecting public opinion, deterring criminal acts, punishing offenders, and providing socioeconomic control (Siegel, 1989). These various purposes almost exclusively focus on altering the criminal’s behavior.

The question is how other systems have made room for the victim in this discussion of the purpose of the law. Roscoe Pound, a great modern legal scholar, believed that the law was malleable and a tool of social engineering (Pound, 1968). Pound believed that the law should change with societal changes and the advent of new ideas. He espoused a series of jural postulates that reflected the shared needs of society. In this context, the needs and rights of crime victims are appropriate aspects of any legal code, especially today, as victim issues have emerged since the 1970s. The following sections will detail how several ancient and modern societies have attempted to protect crime victims’ rights.

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