SAFER COMMUNITIES, STRONGER JUSTICE: ADJUDICATION …iwpr.org/wp-content/uploads/2018/12/ESS-Judicial-Module-1-Economic... · responding officers interviewed the parties. Nicole described

SAFER COMMUNITIES, STRONGER JUSTICE: ADJUDICATION WITH AN ECONOMIC LENS

MODULE 1: ECONOMIC SECURITY AND SAFETY

ESS PROJECT JUDICIAL TRAINING

THE ROLE OF THE JUDICIARY

Uphold law through victim restoration and offender court compliance

Ensure equal access to justice for all parties

Support constitutional rights of the parties

Accurately apply statutory and case law Restitution and Protection Orders Release conditions Enforcement

Responding to victims’ economic situation does

not signify bias or partiality to one party.


ADDRESSING ECONOMIC SECURITY IN THE CRIMINAL JUSTICE SYSTEM

Helps improve the parties’ ability to participate in the justice system

Helps explain victim behavior and the defendant’s scope of action

Helps hold offenders accountable Helps to decrease recidivism and

repeat cases

Restores victims financially with economic relief and restitution

Helps victims become or remain employed, at school, and/or in safe housing

Supports civil court or consumer rights actions involving the parties


LEARNING OBJECTIVES

Define economic security and its relationship to safety.

Describe the distinct and overlapping economic effects of domestic/ dating violence, sexual assault, and stalking, including how the effects may vary for underserved groups.

Examine how to effectively administer economic justice in cases of violence and abuse.


TRAINERS

Presenters Training Organization


THE ECONOMIC SECURITY FOR SURVIVORS PROJECT

The ESS project seeks to build, protect, and restore the economic security of survivors of intimate partner and sexual violence, and stalking so that they may be safe and free of abuse. ESS identifies barriers that threaten survivor economic security and safety and offers solutions based on data and proven best practices. https://iwpr.org/issue/special-websites/economic-security-survivors/

https://iwpr.org/issue/special-websites/economic-security-survivors/

CASE STUDY BACKGROUND: THE GORDON FAMILY

Discussion Questions: What economic effects did David’s abuse cause

for Nicole and Chris?

How could those costs affect their safety?

How could those effects influence your response?

ESS Judicial Training Module 1 Case Study

Institute for Women's Policy Research 1200 18th Street NW, Suite 301 | Washington, DC 20036 | Main: 202.785.5100 | www.iwpr.org

The Gordon Family’s Story – The Background

After years of abuse, Nicole Gordon had separated from her husband, David. Due to the physical violence and his presence and harassment at her office, Nicole got a domestic violence protection order. The order required David to stay away from their home, Nicole’s work, and their eight-year-old son Chris. Despite the order, Nicole still could not sleep. She changed the locks to the house and installed security equipment. They were in debt and were barely making ends meet after he ran up their credit cards. She was terrified that she would lose her job and health insurance after missing over a week of work to recover and avoid David. After the order was issued, David drained her bank account, saying it was still “his” money. He also sent threatening emails and text messages like “if you call the police, you’ll never see Chris again” and that filing the order was “the last nail in your coffin.”

Shortly after CPO was awarded, David showed up at Nicole’s home, slashed two tires, and broke three house windows. He smashed the locks on the door to get in and grabbed Nicole’s phone before she could call for help. He was yelling and throwing things at her and Chris. Fearing that his father would kill his mother, Chris called 911 from the back of the house. Dispatch notified the responding officers what Chris said and the noises they heard, that this was the third call in six months, and that the victim had a protection order against David. After securing the premises and ensuring that no one needed immediate medical care, the responding officers interviewed the parties. Nicole described the physical violence, and, when asked about anything else that had happened, she identified the destroyed property. They photographed her injuries, the broken property, and other damaged items. Nicole said she felt unsafe and wanted to go to her sister’s house and they advised her to gather items that she and Chris may need, gave her information on her rights, and referred her to an advocate.

The police arrested David for violating a protection order, property destruction, and assault. They submitted the initial report to the investigating detective and the prosecuting attorney and the probable cause affidavit to Judge Welman with the above evidence and observations.

Discussion Questions

What economic effects did David’s abuse cause for Nicole and Chris?

How could those costs affect their safety?

How could these costs and effects influence your response?

http://www.iwpr.org/


INTERSECTIONS OF ECONOMICS AND SAFETY

Victim Circumstances

Institutional Response

Culture


Vulnerability, Risk, and Insecurity

Economic Insecurity

as a Barrier to Safety

Economic Abuse

Economic Impact of Violence

ECONOMIC ASPECTS OF ABUSE

ECONOMIC FACTORS INFLUENCE DECISIONS

10© 2017 International Association of Chiefs of Police

ECONOMIC ABUSE

Preventing access to financial resources

ECONOMIC CONTROL: Restricting victims from using resources

ECONOMIC SABOTAGE: Preventing victims from obtaining resources

ECONOMIC EXPLOITATION:Exploiting the victim’s own resources

Source: Postmus, Plummer, & Stylianou 2015.

79%

88%

92%

60% 70% 80% 90% 100%

Rate of Different Forms of Economic Abuse


SHORT- AND LONG-TERM IMPACTS OF VIOLENCE

Direct Costs from Violence

Impacts ofEconomic Abuse

Indirect EconomicCosts of Abuse

• Physical health care costs• Injuries• Stress-related• Gynecological• Increased

insurance rates• Mental health costs• Damaged property• Justice system costs

• No access to finances • Unable to work/go to

school• Stolen paychecks• No access to car, phone,

computer, lease, etc.• Stolen identity• Unauthorized debt or

bankruptcy• Criminal activity/record

• Job loss • Lost wages/productivity • Loss of scholarship• Missed/retaken classes• Reproductive coercion• Eviction • Relocation costs• Security equipment • Replacing/repairing

property


ECONOMIC SECURITY

Critical for resiliency across one’s lifespan

Savings for Emergencies & the Future

Meeting Basic Needs

Economic Security


HOW MUCH DO YOU NEED TO EARN TO BE SECURE?Basic Economic Security Tables, 2014

(Workers with Employment-based Benefits)_____ County, _________, Selected Family Types

Monthly Expenses 1 Worker1 Worker,

1 Infant

1 Worker, 1 Preschooler, 1 Schoolchild

2 Workers, 1 Preschooler, 1 Schoolchild

HousingUtilitiesFoodTransportationChild CarePersonal & Household ItemsHealth CareEmergency SavingsRetirement SavingsTaxesTax CreditsMonthly Total (per Worker)Annual TotalHourly Wage (per Worker)

Note: "Benefits" include unemployment insurance and employment-based health insurance and retirement plans.Source: http://www.basiceconomicsecurity.org

Added Costs for Nicole:• Change locks: $151• Install surveillance: $1511• Replace tires: $278• Replace window: $250• Identity theft: $300• Health care: $578• Mental health care: $269• Housing: security deposit

http://www.basiceconomicsecurity.org/


ECONOMIC INSECURITY BY GENDER & RACE

56%40%

61%48% 43%

27%

46%

22%

44%60%

39%52% 57%

73%

54%

78%

All Men AllWomen

WhiteMen

WhiteWomen

BlackMen

BlackWomen

LatinoMen

LatinoWomen

US Economic Security and Insecurity Rates, Single Adults, by Gender, Race, Ethnicity, 2012

Source: Author's calculations; US Census Bureau, American Community Survey 2012 PUMS.Note: "Single adults" are individuals ages 18-64 living in 1-adult households, with and without children.

BEST Index


COMPOUNDING FACTORS & INTERSECTIONALITY

Race / Ethnicity DiscriminationGender

Identity

LocationLack of Resources

Sexual Orientation

Age Legal BarriersAttitudes / BeliefsDisability

Immigrant Status


IMPLEMENTING THE ECONOMIC LENSWHAT YOU CAN DO AND WHAT YOU’LL LEARN FROM THE REMAINING MODULES


POLICY ACTION POINT

EFFECT OF ECONOMIC FACTORS ON CASES

What economic factors are influencing victims’ decision to: Report to law enforcement?

Participate in a criminal case, including appearing in court?

Pursue civil justice and relief?

What economic reasons might victims have to not want to testify against an abuser?

18

Policy Action PointModify policy and practices that allow victims to be charged for violating “their own” orders of protection or for committing coerced or trafficking-related crimes as doing so undermines their safety.


INTERSECTIONS OF VICTIM TRAUMA AND ECONOMIC SECURITY

Potential Trauma Response Symptoms

Depression, emotional numbness, and/or anxiety

Difficulty sleeping or concentrating

Avoiding triggering places, people, and/or activity

Chronic pain and illness

Trauma Coping Mechanisms and Impact Interference with and/or avoidance of

work or school

Self-destructive behaviors, including physical self-harm or unsafe sexual activity

Substance abuse


CASE STUDY RESPONSE: THE GORDON FAMILY’S STORY

Discussion Questions: What economic components were surprising?

What responses had the greatest effect on the family’s safety and well-being?

What role can the court system play in furthering justice in these cases?

ESS Judicial Training Module 1 Case Study


The Gordon Family’s Story – The Response

At the initial appearance, the charges were read and David pled not guilty. Judge Welman set bail at $40,000 based on the protection order violation, the number of police calls involving the parties, and the extent to which the damage to the victim’s home and car risked her safety. The judge also instituted a criminal no contact order to cover all the same locations and methods as the civil order plus Nicole’s sister’s house where Nicole stayed following the incident.

Detective Jones interviewed Nicole again once she felt more stable. In addition to health costs, she provided receipts showing that she paid for the cell phone, TV, and other damaged items. Her phone and email revealed threatening messages and unauthorized GPS tracking installed. They asked if David had ever stolen her paychecks, taken her money, or made her miss work and she told them about her bank account, debt, and that David threatened to hurt Chris unless she gave him her financial passwords. The prosecution investigators also secured applications from the credit card company showing that her signature was forged. As a result, they also charged David with cyber-stalking, credit card fraud, and theft at the arraignment hearing.

An advocate helped Nicole enroll in the address confidentiality program and Judge Welman allowed a motion to redact her contact information from discovery. The judge also presided over a hearing in which he approved of the use of evidence of David’s prior “bad acts” to isolate and control Nicole through financial abuse. Nicole was summoned to testify in court, but she worried she would lose her job if she took more time off. The court-based victim advocate contacted her employer to explain the situation and help secure her leave. The advocate also connected her to the onsite child care facility for when Chris wasn’t in school, helped her figure out transportation during hearings since David had damaged her car, and shared information about her rights in the justice system. As a result, she was able to appear.

During the trial, the prosecution presented the economic evidence outlined above to prove economic crimes and effect. Law enforcement and the 911 tape testified to the damage and utterances, Nicole’s coworkers testified to the effect of the abuse on her work, and forensic experts testified to the theft and cyberstalking. An expert testified on the victim/offender dynamic. Judge Welman found David guilty of assault, property damage, stalking, and fraud.

The prosecution submitted Nicole’s Victim Impact Statement and the judge ordered restitution for the damaged items and lost wages during sentencing. He designated the time, place, and procedure to pay restitution and return her property. The court set up regular case reviews so that probation officers could immediately report if David did not comply with the court’s orders and police could respond efficiently. Judge Welman and the prosecutor also advised her to have her protection order modified in light of the criminal case findings. With the help of a civil attorney, she secured a new order granting her possession of the home, ordering him to continue car insurance payments, and excluding him from anywhere needed for their security.

To help Nicole recover economically, the advocate connected her to a legal services attorney. They used copies of the police and trial reports as evidence in a civil action to put the credit card debt under David’s name and to recover costs omitted by the restitution order and CVC. They also helped Nicole repair her credit so that she could rent a safe house and take out loans.



POINTS OF COURT ACTION

Pre-Disposition Disposition Sentencing & Enforcement

• Probable cause• Arraignment &

Release Conditions• Discovery• Access to the system

• Plea negotiations• Trial• Promoting

participation in the justice system

• Sentencing• Collecting relief• Monitoring compliance• Institutionalizing an

economic lens


SYSTEMS COORDINATION

Advocates Law Enforcement Attorneys Judges

Probation/Parole

ESS Judicial Training Module 1


Economic Intervention across the Criminal Justice System

LAW ENFORCEMENT

PROSECUTORS

ADVOCATES

PROBATION/PAROLE

JUDGES/COURT STAFF



UP NEXT: Module 2: Pre-Disposition

Length: 60 Minutes

This project was supported by Grant No. 2014-TA-AX-K433 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Documents

SAFER COMMUNITIES, STRONGER JUSTICE: ADJUDICATION …iwpr.org/wp-content/uploads/2018/12/ESS-Judicial-Module-1-Economic... · responding officers interviewed the parties. Nicole described