MILITARY POLICE BASIC OFFICER LEADERSHIP P COURSE STUDENT HANDOUT

Family Advocacy Law Enforcement Training Division (FALETD)

MP BOLC STUDENT HANDOUT TITLE 1. Domestic Violence / Family Advocacy 2. Responding to Victims of Trauma LP# HRS SECTION PAGE #

(191-7261) 4 (191-7285) 1

Section A/B pages 3-12 Section C Section D Section E Section F Section G Section H pages 12-13 pages 14-21 pages 21-26 pages 27-30 pages 30-37 pages 37-42

3. Dynamics of Child Abuse Investigations (191-7263) 2 4. Sexual Assault Response 5. Victim/Witness Assistance Program 6. Juvenile and Gang Offenses 7. Hate Crime Investigations (191-7266) 2 (191-7278) 1 (191-7265) 2 (191-7264) 1

_________

_READING

ASSIGNMENT FOR EACH LESSON____________________

1. Read pages 3-12 in student handout sections A: Domestic Violence and B: Family Advocacy Program/Case Review Committee. 2. Read pages 12-13 in student handout sections C: Responding to victims of Trauma. 3. Read pages 14-21 in student handout sections D: Dynamic of Child Abuse Investigations. 4. Read pages 21-26 in student handout section E: Sexual Assault Response. 5. Read pages 27-30 in student handout sections F: Victim/Witness Assistance Program. 6. Read pages 30-37 in student handout sections G: Juvenile and Gang Offenses. 7. Read pages 37-42 in student handout section H: Hate Crimes Investigations

Military Police Basic Officer Leadership Course Student Handout

A. DOMESTIC VIOLENCE
DoD Definition of Domestic Violence-An offense under the United States Code, the Uniform Code of Military Justice, or state law that involves the use, attempted use, or threatened use of force or violence against a person of the opposite sex, or a violation of a lawful order issued for the protection of a person of the opposite sex, who is (a) A current or former spouse; (b) A person with whom the abuser shares a child in common; or (c) A current or former intimate partner with whom the abuser shares or has shared a common domicile. DoD Definition of Domestic Abuse- Domestic Violence, or a pattern of behavior resulting in emotional / psychological abuse, economic control, and/or interference with personal liberty when such violence or abuse is directed toward a person of the opposite sex who is (a) A current or former spouse; (b) A person with whom the abuser shares a child in common; or (c) A current or former intimate partner with whom the abuser shares or has shared a common domicile. Domestic Disturbance- A crisis that has escalated to the point of police intervention and involves aggression and unpredictable behavior. Spouse Abuse- Assault, battery, threat to injure or kill, and any other unlawful act of force or violence. Emotional maltreatment - Conduct, which, although not criminal, is so offensive to the victimized spouse that a reasonable person would find such conduct abhorrent within a marital relationship. 4 Intervention Techniques 1. Mediation- when there has been no physical violence; utilize mediation allowing disputants to discuss how to work out problem(s) on their own. 2. Referral- The MP informs disputants of services available on the installation, which may assist them in resolving their marital problems. The MP (s) must be knowledgeable of these services on the installation. At a minimum, the MP(s) will refer disputants to installation FAPM who is knowledgeable of all assets available both on the installation and off post. 3. Separation- Ensure that MP separates disputants to avoid any further conflict. 4. Apprehension- effected anytime there is physical violence resulting in physical injury or property damage.

Cycle of Violence - Knowing the cycle of violence is a must in understanding domestic violence. Keep in mind that not everyone fits the picture perfectly. There is not an exact time frame that exists between the phases. Some phases may be short and others long. 3 Distinct Phases of the Cycle of Violence 1.Tension Building Phase- Rising tension, little episodes of violence - covered up quickly, may lash out for real or imagined wrongdoing, spouse stay out of others way, spouse lets abuser know that they accept the blame, spouse believes their future behavior will prevent anger from escalating (if abuser explodes), spouse assumes guilt, and spouse often identifies with aggressor's faulty reasoning 2. Explosion / Acute Battering Phase- Most violent and shortest cycle, high incidence of police fatalities when intervention occurs, usually starts with wanting to teach spouse a lesson, stops when abuser feels lesson has been learned, woman may reason that once over they can move to third phase- honeymoon, victim denies seriousness of injuries and refuses to seek immediate medical attention, and woman can usually describe what occurred during this phase with great detail. 3. Honeymoon Phase- Calm and loving respite, welcomed by both parties, as loving and kind as phase II was brutal and violent, victimization becomes complete, spouse believes abuser is sorry for what has occurred, abuser's worst fear is that the spouse will leave, abuser believes they can control themselves and it will not happen again, victim identifies with "good" side of their personality and hopes "bad" side will disappear, and most difficult time for victim to leave. Patterns of Violence Associated with Men 1. Slapping 2. Hitting 3. Grabbing 4. Acts that require physical dominance (i.e. pushing, choking, and /or battering) 5. Patterns of Violence Associated with Women 1. Cannot match male in physical strength. 2. When they initiate attacks or retaliate, they do so to the extreme. 3. Outnumber husbands 2-1 in hitting victims with hard object (i.e. lamp, ashtray, frying pan, etc.). Patterns of Occurrences 1 Predominate weapons are guns and knives. 2. Most dangerous violence frequently occurs in the kitchen and bedroom. 3. Days are Fridays and Saturdays. 4. Times are between 1700 and 2300. Characteristics of the Victim 1. Fear of living on public assistance, more physical assaults, loss of family, and divorce. 2. Conflict over divorce, pressing assault charges, and obtaining restraining order. 3. Hope that abuser reforms and situations change.

4. Shame of being battered (especially males). 5. Being economically dependent. 6. Has sympathy for abuser's expression of love/guilt. 7. Low self-esteem (long-term abuse-erosion). 8. Has self-doubt about self and ability to be loved. 9. Helplessness and no one able to help resolve predicament. 10. Isolation that is limited contact with friends and significant others. 11. Guilt Abuser Characteristics Feelings1. Jealousy 2. Anger -disproportionate to problem, and displaced towards small, animals, property or family members. 3. Low self-esteem - unachieved ideals/goals or self -disappointment in career. 4. Fear- abandonment and/or being cheated on. Abuser Behavior 1. Attempt to dominate 2. Poor impulse control. 3. Outside blame (spouse, drugs and/or alcohol). 4. Constantly demonstrates and seldom masks anger. 5. Frequent promises for future. 6. Poor social skills. 7. Describes spouse relationship as best ever. 8. Frequent accusations against mate. 9. Remains in contact with "own" family. 10. Possessive. 11. Low stress tolerance. 12. Uses sex as an act of aggression. First Responder Protocol Effective August 21, 2007 the Department of Defense issued Instruction DoDI 6400.06 outlining Law Enforcements Role in Responding to Domestic Violence. This portion of our training is directed to review these protocols as it relates to the first responder. Keep caller on line if possible, it not call the house just before patrol arrives. The following is what the Desk Sergeant should pass on to the patrolman. type of call, calling party, phone number, who, what, where, when why and how, protection orders, medical, criminal intelligence

MP should inquire if weapons are registered on post; request all prior incidents and type of incident; type of unit; any alcohol involvement; vehicle information; and ascertain if the abuser is still at scene. Who was involved: male/female, male/male, female/female,

parent/juvenile, juvenile/juvenile, elderly-age and relationship? The Desk Sergeant should contact someone from the suspects Unit as soon as possible. Emergency Response: Stop: MP should travel the most direct route and give the estimated time of arrival (ETA) to the scene. Obtain the location of back up and their (ETA). While enroute MP should observe cars departing the scene and suspicious vehicle parked along the street. Dont drive past quarters and park at least one house away (75ft)leave escape routecall out of service. If used emergency lights should be cut off at least 1 block away. When you get out of the vehicle MP must start thinking (acting) tacticallyhave a planuse hand signals observe light and noise disciplinedont bunch up (possible ambushlarge target verses small target, which is harder to hit? Be sure to use cover and concealment. Look and Listen: Gather Intel about the surround area which is called the rhythm of environment (cars, dogs, children, toys). Dont stand in front of windows. Observe which way the porch door will swing. Listen intently to conversations and noises from the inside. Identify how many are involved, the intensity level. Look for signs of children, pets, and the use of alcohol. Tactical Response: 1. Two officers minimum 2. Decide on approach 3. Plan contact Arrival and initial entry. 1. One officer at a time with a 2 second delay between each other. 2. Make no assumptions that the area is safe. 3. Scan/focus/and act all at the same time. 4. Identify all personnel at the scene (doing a sweep, pat down and cuff if needed). 5. Maintain control of the scene. 6. Separate/isolate individuals as much as possible Once Inside. 1. Identify the participants. A good way to take and keep control of a situation that has a lot of people is to obtain the ID cards of all persons present. 2. Remain alert for the arrival of neighbors and friends. Containment officer should keep these people out of the area. 3. Dont shake hands or let anyone touch you. By extending your arm in a greeting you leave yourself open and vulnerable to attack. 4. Remain ready means to always be alert for the unexpected. 5. Other MPs at the scene should assist in maintaining security

Fatal errors. 1. Carelessness: Lackadaisical 2. Apathy: Things never happen here. 3. Tombstone courage: They rush in. 4. Assumptions: Believing that they do what you tell them to do (Presumed Compliance) 5. Bad Positions: 6. Missing Danger signs 7. Failure to be aggressive: Committed to win. 8. Poor or no search 9. Failure to handcuff 10. Failure to retain weapon 11. Failure to train 12. Failure to maintain control ADDITIONAL INFORMATION: Law Enforcement Responsibilities 1. Office of Army Law Enforcement (OALE), DSPER is responsible for providing law enforcement policy and guidance for the investigation of spouse abuse. 2. Commander, USACIDC is responsible for investigating spouse abuse, which falls within the investigative responsibility of USACIDC as established in AR 195-2. Installation Provost Marshal Responsibilities 1. Serves or provides a representative to serve as a member of the installation Family Advocacy Case Review Committee (CRC). 2. Conduct initial investigation in spouse abuse cases involving suspected criminal activity IAW AR 190-30, AR 195-2, and AR 608-18. 3. Coordinate with civilian law enforcement agencies when incident occurs off the military installation or when assistance of civilian law enforcement is required to conclude an investigation. 4. Notification of reporting point of contact of all reports of spouse abuse (when MP station is not point of contact). 5. Provide a copy of the SIR to installation Family Advocacy Program Manager (FAPM) on those cases filed as spouse abuse. 6. Ensure crisis intervention training is provided for all MP personnel performing law enforcement duties. Training will be conducted in coordination with the FAPM and will cover physical and emotional trauma associated with spouse abuse and proper management procedures. 7. Support prevention and awareness efforts conducted by FAPM 8. Conduct a check of law enforcement records upon a request from the CRC to determine if alleged abusers have had past incidents of behavior requiring MP intervention.

B. FAMILY ADVOCACY PROGRAM/CASE REVIEW COMITTEE

Case Review Committee's Purpose and Composition 1. AR 608-18 defines the purpose and composition of an installation CRC. 2. The purpose of the CRC is to coordinate medical, dental, legal, law enforcement, and social services. Reporting, identification, investigation and treatment functions and command intervention from the initial report of spouse or child abuse to case closure. 3. The chairperson is normally the Chief, Social Work Services; however the chairperson may also be a staff member who has an interest in and knowledge of spouse and child abuse and is in a position to influence the case management process. 4. CRC composition includes: a. Chief, Social Work Services (Chairperson) b. SJA c. Family Advocacy Program Manager d. ASAP e. Pediatrician f. Case Worker g. Installation Chaplain h. Provost Marshal (representative) i. A-CID/OSI/NCIS/MC-CID (representative) 5. Case Review Committee Consultants: j. Psychiatrist k. Psychologist l. CDS Coordinator m. Dentac Commander n. Community Health Nurse o. Unit Commanders p. Youth Services Director q. Victim Advocate r. Civilian Supervisors s. School Officials

Consultants may be invited to attend on individual basis, but will not vote on case determinations. The Decision Tree Algorithm (DTA) The DTA was created to improve consistency of definitions and fairness of the Family Advocacy Program (FAP) Case Review Committee process. The algorithm applies the research based abuse definitions developed by State University of New York at Stony Brook. The algorithm has been tested with prior CRCs and has a 92% inter-reliability rating.

How the DTA works: The algorithm is set up to determine: 1) If an act of abuse or neglect occurred 2) The level of impact of the act on the victim. The act and impact must meet specified criteria for substantiation of an incident. Some exclusion may apply. 1. a) Adult (Intimate Partner) Physical Abuse The non-accidental use of physical force...pushing, shoving, slapping, grabbing, poking, hair pulling, scratching, pinching, restraining, shaking, throwing, biting, kicking, hitting with fist, stick, strap or other object, scalding, burning, poisoning, stabbing, applying force to throat, cutting off air supply, holding under water or using a weapon and

b) Significant impact on the intimate partner involving ANY of the following: 1. Any physical injury (including, but not limited to, pain that lasts at least four hours, bruises, cuts, sprains, broken bones, loss of consciousness). 2. Reasonable potential for more than inconsequential (minor or petty) Physical injury given the degree of force used and the physical environment in which acts occurred. 3. More than inconsequential fear reaction. 2. Exclusions: a. Acts committed during physical play, i.e. horseplay, wrestling, tackle football. b. Acts committed to Protect Self from Imminent Physical Harm I: Intimate Partner in the Act of Physical Force. c. Acts committed to Protect Self from Imminent Physical Harm II: Threat + History of More than Inconsequential Physical Injury. d. Acts committed to protect intimate partner or child from imminent physical harm. e. First Time Exclusion: Meets criteria; however, first time incident with no risk factors, inconsequential physical injury, minor psychological impact, and no prior community helper involvement (law enforcement, family advocacy program, child and /or adult protective services, behavioral health, military authorities, medical professionals, etc.) f. Requires 2/3 of voting members to determine that incident barely met criteria. Summary --Meets criterion A (non-accidental use of physical force) AND --Meet criterion B (significant impact; check below which criterion meet) 1 (any physical injury) 2 (reasonable potential for more than inconsequential physical injury)

3 (more than inconsequential fear reaction) --Meets criterion for exclusion Majority vote: After careful discussion and consideration, the committee then votes. The Decision of the majority rules. If the committee votes to substantiate the case, then a treatment plan is discussed and implemented. Training: The committee continues to strive to prevent spouse and child abuse through education and training. On-going training is a must even for the committee members. If the committee does not have any cases to review, the team may utilize this time for training. Case Review Committee Function 1. Assess reports of spouse and child abuse to identify potential family problems and intervene as necessary to prevent injury to the parties involved. 2. Obtain thorough medical and psychological evaluations of children, parents, or any other persons involved in abuse incidents reported to the CRC. 3. Complete and forward a DD Form 2486 (Child/Spouse Abuse Incident Report) to the Army Central Registry on all suspected and established spouse and child abuse cases. 4. Open and close cases or reported abuse and determine, based on the evidence, whether the case is substantiated, unsubstantiated, or suspected. 5. Report all suspected and established incidents of child abuse to the local Child Protective Services authorities pursuant to existing MOA. 6. Ensure unit commanders are notified 7. Refer family in treatment to gaining installations. 8. Consult with unit commanders on corrective measures 9. Identify cases requiring special precautions 10. Ensure each case is substantiated/unsubstantiated DA Family Advocacy Program Policy 1. Prevent Spouse abuse. 2. Treat families affected by spouse. 3. Ensure that professionally trained personnel intervene. 4. Protect victims of spouse abuse. DA Objectives 1. Prevent Spouse abuse. 2. Ensure prompt investigations 3. Encourage reporting of all instances of abuse 4. Protect victims of spouse abuse. ADDITIONAL INFORMATION: Determine initial disposition of each specific child abuse case discussed at CRC meetings. In addition: a. Designate case manager.

10

b. Request SJA designates legal counsel to represent the child. c. Conduct thorough psychological assessment and develop treatment plan. d. Review cases quarterly to monitor progress in each case and reassess treatment. e. Determine whether a civilian court or civilian law enforcement agency should intervene. f. Determine whether to report or refer a case to CPS or other civilian authorities for follow-up. g. Determine whether to recommend removal of children from the home. h. Provide recommendations for further disposition of the case to the appropriate CPS or other civilian agency, including details of planned follow-up by the Army. As a Provost Marshal and PM Operations Officer, you must become familiar with the provisions of AR 608-18 in order to determine the correct procedures to be utilized by MPs in response to domestic disturbances. At a minimum, procedural responsibilities should include receiving report, MP response and entry, intervention techniques, and Unit Commander Notification. MP Desk Sergeant Responsibilities The MP Desk Sergeant will be the primary person notified of an incident of spouse abuse or domestic disturbance. The desk sergeant should be responsible for: a. Obtaining all pertinent data from complainant (who, what, when, where, how and if weapons are involved). b. Description of on-going situation and request caller remain on line to relay changing events. c. Check weapons registration and if abuser is known, previous violations. d. Dispatch experienced patrols and relay all information available (at no time should a single MP or patrol respond to domestic disturbances e. Attempt to ascertain if weapons are involved, if not, are any present in the residence (guns) and or large pets (dogs). f. Provide any further support required of MPs at the scene. Responding MP Patrols Should: 1. Avoid making noise or alerting disputants of your arrival (blue lights/sirens). 2. Park away from residence or scene of disturbance. 3. Be stealth when approaching residence. This allows for MP to visually check residence for unusual activity and/or listen for disturbances. This may assist in establishing probable cause for further action. 4. Senior MP decides and discusses action to be taken by MPs prior to and upon entry. MP Patrol Entry 1. Have occupant open door and step outside. Ascertain if weapons are involved and if there are any injuries. Have the occupant escort the MP(s) back inside of residence. 2. Senior partner should take position, which allows greatest observation of inside (have occupant open door as wide as possible). 3. Senior partner directs who enters first. 4. If entry is refused and situation is calm, then the MP will contact the MP Desk Sergeant. The MP Desk Sergeant will then contact and have the Unit Commander/1SG

11

report to the scene to gain entry. If injuries occurred or someone is in danger of being injured, the MP(s) has lawful right to force entry. 5. Once inside separate disputants (good tactic is having everyone sit down). 6. MP must display calm, positive and helpful manner. MP Primary Goal is to Restore Order by: 1. Having disputants separated and facing away from each other. However, the MPs should have eye contact with each other. 2. Allowing disputants to explain what has occurred. 3. Being a good listener. 4. Respecting the disputant wishes, if they refuse to discuss past events. Unit Commander 1. Probably the most important tool for the MP in responding to domestic violence incidents is the aid/assistance, which can be provided by the unit commander. The MPs may want to enlist the unit commander at various stages during the initial response. As previously stated the unit commander can assist when entry is denied into government quarters. 2. Other types of assistance a unit commander can provide are as follows: a. Provide escort protection for victim utilizing unit resources. b. Arrive on the scene and based on assessment, direct service member to report to unit for billeting and temporarily restrict abuser. c. Assist victim with transportation to get to appointments for treatment. d. Assist victim in obtaining financial assistance.

C. RESPONDING TO VICTIMS OF TRAUMA

1. STATISTICS About 22.1% of the U.S. adult population uses some sort of mental health service each year. This is an understatement of the number of persons with mental health problems, as many people do not seek treatment. Some studies indicate that 32% of U.S. adults suffer from some sort of mental illness within their lifetime. 2. TERMS 1. Psychological Injury a. Easily identifiable- Usually comes from psychological trauma. 2. Mental Illness a. Any of various conditions characterized by impairment of an individuals normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors. 3. DEALING WITH PERSONS EXPOSED TO TRAUMA 1. Once determine you have a possible Emotionally Traumatized Person a. Back-up officers b. Take Calming steps a) lights, sirens, crowds

12

c. d. e. f. g. h. i. j.

Move slowly Assure that police are there to help COMMUNICATE on their level Do not threaten the person with arrest a) May incite a fight Avoid controversial topics Attempt to be truthful Never leave alone during interviews Do not just drop off at treatment facilities

4. PROTECTIVE CUSTODY Officer believes the person is dangerous to himself and/or others and there is a likelihood of serious harm presented by the person to him/herself or others. Examples (NOT LIMITED TO): 1. Statements by the subject indicating suicidal intentions or death threats; 2. Past history of mental illness or treatment; 3. Past history of threats to self or others; 4. Observations indicating suicidal or homicidal intentions such as suicide note, 911 calls, and comments to officers or others; 5. Evidence of excessive alcohol or drug use; 6. Statements by family members. 7. Document 8. Should be taken to the Emergency Room 9. EMS should transport in most cases 10. Officer(s) ride in back if a threat exists 11. Appropriate restraining devices 5. SUICIDE BY COP a. Provoke police into shooting them b. LA County Study a) 430 shootings b) 11% of all shootings were Suicide by Cop c. 1997, Moe Pergament story Try to calm; however, use the force necessary to stop the threat IAW AR 190-14 (Ability, Opportunity and Intent)

13

D. DYNAMICS OF CHILD ABUSE INVESTIGATIONS

AR 608-18, Family Advocacy Program, defines child abuse as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child. It does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. Major Categories of Child Abuse Child sexual maltreatment: A category of abusive behavior within the definition of child abuse that includes the rape, molestation, prostitution, or other such form of sexual exploitation of a child, or incest with a child or the employment, use, persuasion, inducement or enticement, simulation of such conduct. [This includes] the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child. It does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. Child abuse/physical maltreatment Physical harm, mistreatment, or injury of a child by a parent, guardian, foster parent, or caregiver, whether the caregiver is intrafamilial or extrafamilial, under circumstances indicating that the childs welfare is harmed or threatened. Such acts by a sibling, other Family member, or other person will be deemed to be abuse or maltreatment only when the individual is providing care under express or implied agreement with the parent, guardian, or foster parent. Acts such as grabbing, pushing, holding, slapping, choking, punching, kicking, sitting or standing upon, lifting and throwing, burning, immersing in hot liquids or pouring hot liquids upon, hitting with an object (such as a belt or electrical cord), and assaulting with a knife, firearm, or other weapon that caused or may cause bodily injuries. Such injuries include brain damage or skull fracture, subdural hemorrhage or hematoma, bone fracture, dislocations or sprains, internal injury, poisoning, burns or scalds, severe cuts, lacerations, bruises or welts. In infants and toddlers, abusive acts include shaking or twisting, which may cause brain damage, subdural hemorrhage, and hematoma. An injury does not have to be visible for physical maltreatment to be present. 3 Levels of Physical Abuse: Mild, Moderate, and Severe Mild- small bruises, welts, scratches, cuts, scars and bites Moderate- numerous bruises, minor burns, and single fractures Severe- large burns, central nervous system injuries, abdominal, multiple fractures and any life threatening trauma

14

1. Physical Abuse: a. Normal and natural b. Fixed objects vs. wrap around object c. Weapon of opportunity vs. family favorite weapon d. Accidental Vs non accidental --Accidental --Non-accidental Physical Abuse Characteristics 1. Unexplained bruises, welts, injuries in particular places where children dont normally get hurt. 2. Burns which leave outlines of objects that may have been used. 3. Child continuously hungry, dirty or unsuitably dressed for weather. Three Step Process for determining probability of an injury or abuse to a child 1. Listen to explanation. 2. Think about type of injury expected. 3. See the child. Behavioral indicators of abused children a. Unusually aggressive, hostile or angry b. Extremely withdrawn c. Repeatedly runs away d. Young child often left alone e. Behavioral indicators of abused children f. A change in behavior of a child may be indicative of physical abuse or neglect. g. Normally observed by parents, relatives, friends, and/or school officials. h. Behavioral indicators of abused children i. Some may include j. Overly compliant or passive will do anything asked by an adult. k. Afraid to talk or answer questions in front of parent(s) or suspect(s). l. Avoiding the suspect or refusal to be with suspect. m. Fear of all males, all females or all adults. n. Frequent unexplained crying. o. Poor peer relationships or deterioration in existing friendships. p. Behavioral indicators of abused children q. Some may include (cont) r. Unusual craving for physical affection. s. Unexplained or extreme aggressiveness, hostility or physical violence towards family members or other children. t. Early arrival, late departure and very few absences from school; even when ill. u. Change in school performance. v. Constant complaining of stomach aches or other illnesses.

15

w. Stuttering. x. Behavioral indicators of abused children y. Some may include z. Regressive behavior. aa. Return to accidents/bed-wetting bb. Thumb sucking cc. Carrying blanket dd. Otherwise acting younger than their age ee. Dressed inappropriately for the weather always wearing long sleeves. ff. Unusual/unexplained absences from school. 2. NeglectA type of child abuse/maltreatment whereby a child is deprived of needed age-appropriate care by act or omission of the childs parent, guardian, or caregiver; an employee of a residential facility; or a staff person providing out-of-home care under circumstances indicating that the childs welfare is harmed or threatened. 1. 2. 3. 4. 5. 6. 7. 8. 9. There are 9 Sub Categories of Neglect: Abandonment Lack of supervision Nutritional neglect Medical/Dental neglect Educational neglect Inappropriate or insufficient clothing Shelter neglect Emotional neglect Moral neglect a. Abandonment- A type of child neglect in which the caregiver is absent and does not intend to return or is away from the home for an extended period without having arranged for an appropriate surrogate caregiver. b. Lack of supervision- A type of child neglect characterized by the absence or inattention of the parent, guardian, foster parent, or other caregiver that result in injury to the child, in the child being unable to care for himself or herself, or in injury or serious threat of injury to another person because the childs behavior was not properly monitored. c. Nutritional neglect- Failure to provide proper food or diet for a child. d. Medical / dental neglect- A type of child neglect in which a parent or guardian refuses or fails to provide appropriate, medically indicated health care (medical, mental health, or dental) for the child although the parent is financially able to do so or was offered other means to do so. e. Educational neglect- A type of child neglect that includes knowingly allowing the child to have extended or frequent absences from school, neglecting to enroll the

16

child in some type of home schooling or public or private education, or preventing the child from attending school for other than justified reasons. f. Inappropriate or insufficient clothing- Failure to provide seasonal clothing. g. Shelter neglect- failure to allow child access to areas of their quarters. h. Emotional neglect- Refusal to interact with child, Failure to Thrive Syndrome. i. Moral neglect- Failure to teach proper morals or values (drug usage, stealing, assault). Indicators of Child Neglect a. Children are left alone or in the care of other children of an inappropriate age or mental capacity. b. The home lacks food or lacks nutritious foods. c. Lack of appropriate furnishings in the home (i.e., beds, linens etc.). d. Childrens clothing is filthy, worn, tattered, or inappropriate for weather conditions. e. Poor hygiene. a. Unwashed b. Severe diaper rashes f. Children have unattended medical conditions such as: a. Open, oozing sores b. Constant coughs or colds c. Failure to thrive extremely small for their age d. Lack of or behind with immunizations g. Parental indifference towards child(ren) Behavioral indicators of neglected children h. Begging for or stealing food i. Arriving at school early or leaving late j. Drug or alcohol addiction k. Engaging in delinquent acts l. Overly attached to a caring adult m. Engaging in any behavior to call attention to themselves, whether positive or negative 3. Child Emotional MaltreatmentActs or a pattern of acts, omissions or a pattern of omissions, or passive or passiveaggressive inattention to a childs emotional needs resulting in an adverse affect upon the childs psychological well-being. Maltreatment includes intentional berating, disparaging or other verbally abusive behavior toward the child, and violent acts that may not cause observable injury. An emotionally maltreated child manifests low self-esteem, chronic fear or anxiety, conduct disorders, affective disorders, or other cognitive or mental impairment.

17

6 Forms of Emotional Abuse a. b. c. d. e. f. Terrorism- creating a climate of fear or hostility Ignoring- failure to provide positive stimulation Corruption- engaging in illegal/immoral activity Isolation- failure to allow a child to interact or form friendships Exploitation- manipulation or forced activity. (An 8 year old fixing dinner). Rejection- failing to acknowledge a childs worth. Similar to ignoring except that parental figure demeans the childs accomplishment outright example: That is a horrible report card.

Indicators of Emotional Abuse: a. b. c. d. e. f. Child rocks, sucks thumb, or bites self inappropriately aggressive destructive to others or restricts play activities Suffers from speech or sleep disorders Demonstrates compulsions, obsessions phobias or hysteria Emotional Abuse

Behavioral Indicators g. Negative statements about self h. Shy, passive or compliant i. lags in physical, mental, or emotional development j. Self destructive behavior k. Highly aggressive l. Cruel to others m. Overly demanding n. Emotional Abuse Abuser Indicators o. Blame or put down child p. Cold/rejecting/ critical q. Indifferent to childs welfare or problems r. Teasing/name calling s. Shows preferential treatment t. Strict disciplinarians u. High expectations (childhood dreams) v. Insulting

4. Child Sexual Maltreatment - Sexual activity with a child for the purpose of sexual gratification of the alleged offender or some other individual. a. Exploitation. A type of sexual maltreatment in which the victim is made to participate in the sexual gratification of another person without direct physical contact between them. Exploitation includes forcing or encouraging a child to do any of the following: to expose the childs genitals or (if female) breasts, to look at another individuals genitals or (if

18

female) breasts, to observe anothers masturbatory activities, to view pornographic photographs or read pornographic literature, to hear sexually explicit speech, or to participate in sexual activity with another person, such as in pornography or prostitution, in which the alleged offender does not have direct physical contact with the child. b. Molestation. Fondling or stroking a childs breasts or genitals, oral sex, or attempted penetration of the childs vagina or rectum. c. Rape/intercourse. Sexual intercourse between an alleged offender and a child that involves the penetration of the vagina or rectum, however slight, by means of physical force. The penetration may result from emotionally manipulating the child or by taking advantage of a childs navet rather than physical force. d. Other sexual maltreatment. All other types of child sexual abuse or maltreatment are not included in the definitions of exploitation, molestation, or rape/intercourse. Indicators of Sexual Abuse 1. Mild Sexual Abuse a. Slight sexual innuendoes or provocative statements that are made to the child by a caretaker or non-caretaker. b. No physical contact, no readily apparent physical or emotional harm to child, and no medical or mental health treatment required. 2. Moderate Sexual Abuse a. Parent makes no effort to prevent the child from observing sexual behaviors of others. b. Adult exposes him/herself to the child but ceases if child objects. c. Caretaker has fondled the child or touched the breast or genital area for other than hygienic purposes. d. Physical contact that does not involve oral, vaginal, or anal penetration or physical injury. Short-term mental health of medical treatment (one time) may be indicated. Significant verbal or physical maltreatment may have been part of the experience. 3. Severe Sexual Abuse a. An adult or older child has engaged child in sexual intercourse, masturbation, or oral genital sex. b. Child has been engaged in physically dangerous or sadomasochist practices (even in the absence of intercourse). c. Child has been forced by an adult to engage in sexual activity with a child of the same age or younger or with an animal. Contact involves oral, vaginal, or anal penetration or physical injury. Long-term mental health or ongoing medical treatment may be indicated. Severe verbal threats or physical or emotional maltreatment may be present. 4. Behavioral indicators of sexually abused children In addition to behaviors indicated for physical abuse the following are some possible behaviors of sexually abused children: a. Acting out sexually with toys or other children b. Excessive masturbation

19

c. d. e. f. g. h. i.

French kissing Sexually provocative talk Seductive behavior towards adults Preoccupation with sexual organs of self or others Sexually explicit drawings Sexual knowledge beyond norm for age Sexual promiscuity ADDITIONAL INFORMATION:

DA Policy on Child Abuse is found in AR 608-18. The Policy is to: 1. Prevent child abuse. 2. Treat families affected. 3. Assure personnel are professionally trained. AR 608-18 assigns specific responsibilities to DA Law Enforcement Agencies 1. Office of Army Law Enforcement (OALE, DSPER) - Provides guidance for the investigation of spouse and child abuse. 2. Commander, USACIDC- Trains CID agents to investigate child sexual and physical abuse (USAMPS- Child Abuse Protection and Investigation Techniques) CAPIT Course. Establish guidance and policy pertaining to the investigation of child abuse. Ensures special agents specifically trained in interviewing victims of child sexual abuse are available to each installation. Child abuse falls within USACIDC purview. 3. AR 608-18 provides for mandatory notification of military police. SOP Considerations 1. Normally the MP Desk Sergeant will be the first MP to receive a report of child abuse. The Desk Sergeant should: a. Obtain critical information (who, what, when, where and how). b. Determine whether the child is in imminent danger of injury or death. If imminent danger, injury or death is likely, immediately dispatch a patrol to take the child into protective custody c. Taking of information to provide to investigators/CID. d. Obtain identity and location of complainant and their involvement in the incident. e. Dispatch patrol/MPI to location for further information. f. Contact USACIDC and inform them of the reported incident immediately. g. Conduct an MP previous offense check to identify if victim/abuser has had previous incidents. h. Make other notifications as required by command.

2. MP patrol responsibilities: a. Meet and discuss with the complainant the particulars surrounding the reported incident.

20

b. Inform MP desk sergeant immediately, if child is not with complainant and/or with parents. c. Identify (attempt to) others who may have information and pursue obtaining a statement from newly developed witnesses in order to determine if the child is in danger. d. Identify location where child is located. If outside home and not with parents, MP should respond to the child's locations and conduct a visual check of the victim to determine if there are injuries to the child so that protective custody can be accomplished. e. Use MPI assets to make initial response instead of MP. f. Coordinate with MTF commander in effort to establish procedures for MPs to respond to the MTF with a child victim for an immediate pediatric exam to determine whether abuse has occurred.

E. SEXUAL ASSAULT RESPONSE

Three main considerations when dealing with an incident of rape is to: 1. Protect the Victim 2. Protect the Evidence 3. Protect the Crime Scene 1. How do we define rape? Dictionary: The crime of forcing another person to submit to sexual intercourse. Article 120 - Rape a) Sexual act by any of the following: b) Force against another person. c) Causing grievous bodily harm. d) Threatening or placing in fear of death, grievous bodily harm, or kidnapping. e) Rendering another unconscious. f) Administering to another a drug that substantially impairs that persons ability to appraise or control conduct. Rape: Fact or Fiction? a) Fastest growing serious crime, both in occurrence and reporting. a. 80% of all rapes are planned. b) Men are rape victims. c) ART 120, UCMJ is gender biased. d) Sexual offenses and rape are becoming a greater problem in our military. If so, why? e) Greater number of women in military today than in the past. f) Victims less reluctant to report these crimes than were victims in the past. 2. Basic Patterns Used by a Rapist POWER: 1. Most common

21

2. Feels life is out of control. 3. No longer able to manipulate surroundings. 4. Controls women, thus his life. ANGER: 1. Full of anger and rage. Mad at the world, not women. 2. Victim is usually severely beaten prior to rape. 3. Degrade, humiliate, use abusive language. 4. Likely to use a weapon. SADISTIC: 1. Least common offender 2. Frequently tortures victim; takes erotic pleasure in their suffering 3. Frequently kill, maim or mutilate their victims. 4. Most dangerous. 3. Styles of Attack 1. Blitz: a) Stranger and violent. 2. Good Samaritan: a) Performs good deeds, gains confidence, then develops into blitz. 3. Impulse: a) Attack occurs on impulse, not often planned. 4. Date Rape/Casual Acquaintance: a) Most unreported. b) Known to victim. c) Victim assumes blame. d) Date rape drug? 4. Date Rape Drugs 1. GHB (gamma hydroxybutyric acid) Dizziness, vision problems, amnesia, unconsciousness, coma, death. 2. Rohypnol Amnesia, sleepiness, loss of muscle control, speech & motor problems, unconsciousness. 3. Ketamine Hallucinations, psychosis, memory problems, out-of-body experiences, numbness, loss of coordination, aggressive or violent behavior, cardiac arrest. Rohypnol: a) Roofies. b) Look like aspirin. c) Illegal. d) Sedative. e) Effects: f) 10x the strength of valium. g) Causes amnesia. h) No taste/odor when dissolved in drinks. i) Actively engaged in conduct- yet dont know it.
22

What is the most common date rape drug? a) b) c) d)

ALCOHOL!

Lowers inhibitions. Lowers judgment. May cause black outs and/or memory impairment or loss. May mask other drugs administered by offender.

5. Victim Characteristics: Rape = Violence + Trauma a) Fear, Anxiety, Anger, Shaking, Laughing, Calm, Crying Be cognizant of these responses. Do not inflict further emotional damage by failing to recognize these emotions as legitimate trauma characteristics. 6. Why dont victims report rape? a) Fear, Embarrassed, Desire for secrecy, No confidence in the system. 7. Sex Offenders The Stereotypes a) He's mean looking, and he carries some type of weapon. b) He stalks his victims like a predator, attacking women at night in parks and dark streets, or breaking into their homes. c) He leaves them physically brutalized and emotionally scarred. In most cases it is absolutely false. 8. The truth about sex offenders There is no one profile that would encapsulate the sex offender. They come in all shapes and sizes, occupations and backgrounds. They are doctors, lawyers, social workers, clergy, law enforcement, librarians, factory workers, unemployedetc. They are young, old, male, female, rich, poor, any race & ethnic group. Generally about 99% are like you and I. 9. Victim Stereotypes It is commonly believed that victims are young, good-looking, nave, innocent. In reality they are young and old, attractive, ugly, overweight, athletic, mothers, sisters, grandmothers, wives, or children. Victims of sexual assaults will respond differently to what has happened to them. Some will be angry, while others will be emotionally distraught and incapable of talking about the incident. Some will think they are at fault for the incident taking place. Some will be in denial that it happened. 10. Attitude and Beliefs Attitudes and personal beliefs must be put in check. Victims will detect if you do not believe them, and may be reluctant to provide information about the incident. You cannot judge them because of the way they are dressed, or the way they may have been acting prior to the sexual assault. Keep in mind that the victim DID NOT ASK or DESERVED to be sexually assaulted.

23

10. Why report it? Victims question why they should report these crimes because they think that no one is going to believe them! Theyve seen television programs that portray the victim as helpless and disturbed, or they know a friend who was not believed by the police and they reason that they dont want to be perceived or treated in the same way. So they withhold information or maybe overcompensate with embellishments that later prove them to be less than honest. Police must be aware of the forces and pressure that are on a victim of rape so that they dont push them into this predicament. 12. Rape Myths a) Most are false reports. b) Rape is a sexual crime. c) She asked for it. d) No injuries, no rape. e) Victims should be hysterical. 13. Rape and the Community. a) Report suspicious activities. b) Increased patrols. c) Telephonic inquiries. d) Town hall meetings. e) Demand for crime prevention. When a rape occurs in the community there is an increased need for patrol and the community to report all suspicious activities. After a report of rape occurs there will be an increase in telephonic inquiries about the rape. Did MPs catch them? Is it safe for us? How have you increased security in the housing areas? Etc. Town hall meeting are a good place for folk to cut up. Mrs. Jones will really be on your case about the MPs eating at Burger King, speeding in the housing area, etc. to pass a negative perception upon the police. If they were doing their jobs maybe these rapes wouldnt be happeningetc. 14. Available MP Resources. a) On-duty MPs. b) On-call MPs. c) Off-duty MPs. 15. Response Protocols Response to these types of crimes is critical A proper response will assist the investigation and preserve evidence both at the scene and on the victim and suspect. There should be set protocols on how the response will be conducted. The Army is in the process of changing their response to sexual assaults. They are moving towards a team approach with the well being of the victim being a primary concern. 1. Receive and confirm the transmission from the dispatcher: a) Verify:
24

a. Location of the scene b. Point of contact or victim name 2. Proceed by the most direct route to the location a. Use of emergency equipment will be dictated by local policies. 3. Arrival at the scene a. Verify the location and inform dispatch 4. Survey the scene a) Render first aid, if required b) Stop any actions which may destroy evidence a. Victim washing themselves or clothing items b. Cleaning of the crime scene c. Rain or snow washing away evidence if at an outdoor scene 5. Conduct a preliminary investigation a) Conduct a brief interview of the victim a. Attempt to determine what happened and who was involved. Do not try to get graphic details of the incident, just who the suspect was or a description. b) Identify any obvious physical injuries sustained by the victim. c) Establish boundaries of the crime scene. 6. Establish crime scene security a) CID or other investigators will process the crime scene b) Have victim/witnesses moved from the crime scene c) If you observe possible items of evidence, note their location and inform investigators upon their arrival. 7. Brief the desk sergeant/supervisor on the situation and await further instructions 8. If directed, transport the victim or arrange for transportation of the victim to the appropriate medical facility a) Arrange for a friend or family member of victim to obtain a change of clothes for the victim b) Ensure victim is immediately placed in a private waiting area or treatment room, away from public view 16. Desk Sergeant Responsibilities a. MP desk sergeant should accomplish the following while the victim is on the telephone: a) Record time and date receiving the report. b) Name of individual making report and relationship to incident (if not victim, spouse or family member) c) Obtain victims name injuries and medical needs. d) Inquire as to victim's injuries and medical needs. e) Ascertain if anyone else is there to assist the victim. f) Identify and or give description of subject.

25

g) Location of subject. a. Identify and or give description of subject. b. Location of subject. Advise victim help is on the way and keep victim on the telephone (this ensures victim will not enter shower and destroy critical evidence). Reassure the victim that help is on the way, and continue efforts to help the victim remain calm. c. Dispatch MP patrols and notifies USACIDC Special Duty Agent. 17. MP Patrol Responsibilities. j. Primary responsibilities Aid victim/protect crime scene. a) Medical attention for victim (hidden injuries). b) Protection of evidence (semen, blood, skin, fabric, saliva, hair, etc.). c) Conduct interview with victim to clarify information: 1. Name. 2. Location 3. Description 4. Type of vehicle 5. Injuries d) Female - recommendation only/not required (ask victim). e) Identify possible witnesses. f) Second MP Patrol secures exterior of crime scene: 1. Windows. 2. Walkways. 3. Interior stairwell. g) Initial interview with victim limited: 1. Clarify information relayed to D/Sgt. 2. Obtain description of suspect. 3. Ascertain type of vehicle. 4. Document injuries on victim. 18. Other MP Support. a) K-9 assist in conducting search for suspect. b) MPI assist with victim protection and securing crime scene. c) SRT/SWAT provide quick reaction/large crime scene. d) Division/Combat SPT MP Company assist with large scale searches and related tasks requiring large-scale response. e) SJA f) Housing g) ACS h) CDS i) MTF j) Chaplain k) Veterinary Services

26

F. VICTIM WITNESS ASSISTANCE PROGRAM

1. LEGISLATIVE BACKGROUND a) VICTIM/WITNESS PROTECTION ACT 1982 b) VICTIM OF CRIMES ACT 1984 c) VICTIM RIGHTS/RESTITUTION ACT 1984 d) 9. DOD DIRECTIVE 1030.1 a) CHAPTER 18, AR 27-10 b) DoD Guidance c) The necessary role of crime victims and witnesses in the criminal justice process should be enhanced and protected. d) DoD components shall do all that is possible within limits of available resources to assist victims and witnesses of crimes. e) Particular attention should be paid to victims of serious, violent crime, including child abuse, domestic violence, and sexual misconduct 10. RIGHTS a) TREATED WITH FAIRNESS AND RESPECT b) PROTECTED c) NOTIFIED OF ALL PROCEEDINGS d) PRESENT AT ALL PROCEEDINGS e) CONFER WITH ATTORNEY f) RESTITUTION g) INFORMATION 11. OSJA Responsibilities a) Provides overall supervision of VWAP b) Designates VWL c) Training a. Commanders b. SJAs c. Law Enforcement Personnel. d) Publicize VWAP e) Ensure that apparent victims and witnesses of offenses are provided the name, location, and telephone number of VWL 12. Victim-Witness Liaison a) Role of VWL is one of facilitator and coordinator b) Generally NOT the responsibility of the VWL to personally provide specific victim/witness services 13. Initial Information & Services a) Medical treatment b) Restitution information & assistance c) Transitional Compensation

27

d) Public & private counseling, treatment, and support programs e) Prohibition against intimidation & harassment f) Criminal justice process & their role in it 14. The Paper Trail a) DD Form 2701 - Initial information b) DD Form 2702 - Court-Martial information c) DD Form 2703 - Post Trial information d) DD Form 2704 - Certification and election concerning inmate status e) DD Form 2705 - Notification of inmate status f) DD Form 2706 - Annual report on VW assistance 15. During the Investigation a) Status of investigation b) Arrest of suspected offender c) Decision not to prosecute d) Preferral or referral of charges 16. Prior to Court-Martial a) Transportation b) Parking c) Child care d) Lodging e) Translators 17. During Prosecution a) Initial appearance a. Pre-trial confinement b. Article 32 Hearing b) Release from pretrial confinement c) Consultation concerning decision not to prefer charges d) Explanation of c-m process e) Schedule of court proceedings f) Consultation concerning the decision to dismiss charges or pre-trial agreement g) Notification of disposition h) Private waiting area i) Property return j) Victim Impact Statement 18. REPORTING a) DAILY b) QUARTERLY c) CALENDAR YR d) 15 MAR of each year

28

19. Transitional Compensation Purpose: a) To provide assistance to family members of personnel separated from the military for dependent abuse. b) To remove disincentives to reporting dependent abuse. 20. Eligibility (a) Service Member: a) Has to have been on active duty more than 30 days and b) Separated by court martial sentence that includes a dependent-abuse offense, or c) Administratively separated if the basis includes a dependent-abuse offense, or d) Sentenced to forfeiture of all pay & allowances by court martial convicting SM of a dependent-abuse offense. 21. Eligibility (b) Spouse: a) must be married to SM when the offense occurred. b) forfeits eligibility if: a. spouse remarries, b. spouse cohabitates with SM, or c. spouse actively participated in the dependent abuse offense. c) Spousal forfeiture from the above list forfeits benefits paid for children living with the spouse. 22. Eligibility (c) Child: a) Must be dependent of SM upon SMs conviction or administrative separation. b) Forfeits eligibility if living with (1) SM or (2) SMs spouse who has forfeited eligibility. c) If under 18, payments only go to a court-appointed guardian or a natural parent with legal custody. 23. Transitional Compensation a) Currently $1,067 for a spouse and $265 for each child at home. (Dependency and indemnity rates) Jan 2010 b) Payment to Child(ren) when in c) custody of legal guardian: a. One child $452 b. Two children $649 c. Three children $846 d. $289 per child; for more than three children, if child is over 18 years old; $174 per child if child is under 18 years of age. 24. Benefits a) Commissary & PX/BX--full privileges while receiving TC. b) Full privileges while receiving transitional compensation.

29

25. Length of Entitlement Transitional Compensation paid for un-served portion of obligated active duty service, but... a) Payments paid: a. No > 36 months b. No < 12 months b) Payments begin: a. Approval of court martial, or b. Commander initiates administrative separation action. 26. COMPENSATION ENDS a) REMARRIAGE b) COHABITATION c) ACTIVE PARTICIPANT d) ANNUAL CERTIFICATION e) RECOUPMENT-- 25 YRS IN PRISON AND UP TO $1OO,OOO FINE

G. JUVENILE AND GANG OFFENSES

1. Juvenile is defined as: 1. Person who has not reached the age of 18 2. Not a member of the armed forces 3. Not a spouse of a member of the armed forces 2. Juvenile delinquent- is a juvenile who has been adjudicated in the juvenile courts by a juvenile judge and determined to be delinquent in behavior. 1. Adjudication occurs when the juvenile has fallen into one or both of the following categories: a. Law violator- behavior that would be considered a criminal act of committed by an adult. b. Status offender- behavior that would not be criminal if committed by an adult, however, socially unacceptable and when committed by a juvenile is considered to be of official concern (runaway, truancy, curfew, alcohol abusers) 3. Crimes that can only be committed by juveniles due to their status a. Runaway b. Truancy c. Alcohol / tobacco use or possession d. Unruly, uncontrollable behavior e. Curfew violations These misbehaviors are unlawful for children, but not unlawful for adults. It is the status of childhood that allows children to be the subject of a status offense.

30

1. Juvenile Justice System- is a complex unit under the state jurisdiction, consisting of three formal components, which serves the purpose of rehabilitating juvenile offenders in an effort to help them to become positive contributors to their communities. 4. Three Formal Components of the Juvenile Justice System 1. Police- provides the formal input into the juvenile system in the form of offenses committed or offenders apprehended. 2. Courts- Processes the offenders once referred to the courts for adjudication. 3. Corrections-Monitors (including probation, institutionalization and parole) and is responsible for ensuring the rehabilitative process is completed. 5. Strategies of the Juvenile Justice System 1. Diversion- Offenders are diverted by the police to social agencies and no referral is made to the juvenile courts. 2. Adjudication- Offenders are referred to the courts. 3. Sentencing to probation rather than incarceration. 6. Contributing Factors to Delinquency in the Military a) Absentee Parent Syndrome b) Poverty c) Dropping out of School d) Labeling e) Public Perception of juveniles via Media f) Adverse Peer Pressure 7. Delinquency and the Military Community 1. Advantages in Combating Delinquency: a) Structured environment b) Absence of poverty c) Low unemployment 2. Disadvantages to Military Families: a) No Regulation b) No Army-wide program c) Wide range of offenses d) Drain on resourcesbecause of all the special training and additional personnel needed to combat juvenile delinquency 3. Authority and Jurisdiction a) Granted by the Installation Commander b) Delineates Authority to detain for: a. For involvement in a serious offense b. If parents are not available c. Awaiting legal custody transfer

31

4. Detention of Juveniles Away from Public View a) Away from Normal Police Operations b) Preferably supervised by a Police Officer c) NOT in correctional facilities d) NOT in the same facility with military offenders or adults. 5. Where can you detain Juveniles? a) Not prohibited from placing them in detention cells with approval from the Installation Commander b) Hospital Wards under some circumstances, but not as a habit. Hospitals are not receptive to placing juveniles on their wards

GANGS
1. Why do our kids join gangs? a) b) c) d) e) Status not otherwise achieved. Fellowship and brotherhood not found in the home. Protection from other gangs in the neighborhood. Intimidation. Group acceptance.

2. Maslows Hierarchy. Gang vs. Family. a) Gang replaces family. b) Gang provides the basic needs: a. Love. b. Discipline/order/structure. c. Food/shelter/finances. 3. At-Risk Categories. a) Wanna-bes/Gonna-bes. b) Meet partial criteria for membership. c) Without intervention, will gravitate to associate and member. d) Sometimes the most dangerous. a. Out to prove loyalty and heart. DEFINITION: A street gang*: a) A street gang is a group of individuals who may or may not have control over a certain territory in the community. b) Commits crimes individually or collectively. * According to Penal Code Section 186. A criminal street gang is defined as any organization,
association or group of three or more persons, whether formal or informal, which (1) has continuity of purpose, (2) seeks a group identity, and (3) has members who individually or collectively engage in or have engaged in a pattern of criminal activity. (Reference section 186.22(f) of the California Penal Code).

32

4. Gang Principles. a) b) c) d) e) Unity Loyalty Only the Strong Survive Reward Identity

5. Gang Activities. a) Non-violent Parties. a. School-related activities include: vandalism, arson, extortion, intimidation, and graffiti paintings. b) Violent crimes: Robbery, burglary, gang rape, drive-by shootings, and murder. 6. Criminal Street Gangs a) Ongoing group or organization. a. Formal or informal association. b. Three or more members. 7. Gang Associate. a) Admits to gang association. b) Meets partial criteria. a. The gang member is not fully vested in the gang and cannot be considered a full member. They may meet some requirements but have not been proven, for example, by a test of the heart e.g. conducting a drive by shooting, etc. 8. Gang Member. Identify a gang member via: a) Self-admission. b) Admission of parent/guardian. c) Association with known gang members. d) Arrested with known gang members. e) Physical evidence or photographs. f) Identified by informant. 9. Fact or Fiction: a) Gangs are a product of the community. b) They are members of the same community they intimidate. c) Today, they exist in virtually every community. d) A gang could have as few as three members or as many as thousands of members, including the very young and those of middle age. 10. To investigate gangs, you must first: a) Define gangs. b) Determine who is a gang member. c) Determine how gangs affect the military community.

33

d) Recognize: a. Characteristics. b. Structure. c. Types. d. Clothing. e. Graffiti. f. Tattoos. e) Understand Recruiting and initiations. f) Complete Investigations. 11. Criminal Investigation a) Initial Investigation b) Document gang member presence. c) Determine gang involvement. d) Determine weapons used. e) Photographs. f) Graffiti in area. g) Clothing of victim. h) Photos of crowd. i) Photos of vehicles. 12. The Armys Definition a) Two or more people who gather together. b) Identify themselves as a group c) Engage in criminal activity 13. Tools Against Gangs in the Military is the primary reference on gangs in the military. The two primary statements regarding gangs are: a) Participation: Military personnel must reject participation in extremist organizations and activities. b) Extremist organizations and activities are ones that advocate racial, gender, or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, sex, religion or national origin; advocate the use of or use force or violence or unlawful means to deprive individuals their rights under the United States Constitution or the Laws of the United States, or any state, by unlawful means.
AR 600-20, Para 4-12, A, dated 20 December 1996:

14. Characteristics. a) Respect equals fear. b) Weakness is equal to: a) Kindness. b) Courtesy. c) Benefit of the doubt. d) Does not apply to street plea bargain. a) Something in return. e) Barter system.
34

15. Structure Hard Core Gang Members Four Groups. a. O/G Involved in top level leadership, ex-convicts and repeat offenders. b. G- Displays gang colors identity, ages range from 16-22 years old. c. B/G Members who range from 12-14 years of age. d. T/G Very young members, ages range from 9-12 years. e. Associates Socialize for status, recognition, and protection; less likely to have police record; visible in the community. f. Peripheral (marginal) Join and leave gang as their need for the gang arises; often commit crimes; not privy to inner activities. g. Recruit (Wanna-be) Emulate and want to join; most dangerous of group; fall guys. 16. Female Gangs. a) 6,900 gang members. b) 10-15% of gang population. c) 11-18 years old. d) Gang Banging vs. Motherhood. Female gang bangers usually choose motherhood over gang activities and involvement. There is no true sustainability for these women, age 21-25 because they want to have children and raise a family. You usually wont see and established female gang, just women who are affiliated with male gangs. 17. Gang Recruiting. Factors influencing membership: a) Home life. b) School environment. c) Criminal history. d) Incarceration. e) Family/generational gang involvement. f) Morals/values/social needs. g) Mental illness. 18. Gang Recruiting/Initiation. a) Beat-in, jump-in, courted-in, walk the line. b) Work/missions criminal act, assault, robbery, usually a felony. c) Bless-in (recruiting drive). d) Sex-in females only, rolling dice, leads to rivalry. e) Test of heart drive-by, property crime. 19. How do we combat gangs? a) Education of law enforcement. b) Collation of information gathered. c) Identification of the crimes and development of informants. d) Foundation for developing case strategies for an assault on the threat to the safety and well being of those citizens not involved in the gang life style.

35

20. Violent/Non-Violent Crimes. a) Homicides. b) Drive-by shootings. c) Assaults/batteries. d) Witness intimidation. e) Extortion, arson, weapons, and explosives. f) Burglary. g) Theft. h) Auto theft. i) Graffiti. j) Credit card/money order fraud. k) Counterfeiting. l) Recruiting. m) Criminal Activities. 21. Gang Crime Motives. a) Money. b) Retaliation. c) Gang wars. d) Obtaining weapons. e) Advertise existence. f) Build reputation. g) (Respect/Intimidation). h) Fear. i) Rival gangs. j) Community. k) Witnesses. l) Law enforcement. 21. Gang Sources of Information. a) Confidential informant. b) Gang members. c) Rival gangs. d) Gang associates. e) Witnesses vs. suspects. f) Girlfriends. g) Boyfriends. 22. Gang Suppression. a) Gang sweeps. b) Zero tolerance. c) Multi-agency efforts. d) Target specific gang areas. e) On-view violations (under-age smoking/ alcohol). f) Disorderly conduct. g) Littering. h) Loitering.
36

i) j) k) l)

Field interviews. Curfews/truancy. Covert interviews. Undercover agents.

H. HATE CRIMES INVESTIGATIONS

1. UCR defines Bias A preformed negative opinion or attitude about: Disability, Ethnicity, National Origin, Race, Sexual Orientation, or Religion 2. Why the increase? a) Growing pattern of economic prejudice. b) Unprecedented number of immigrants. c) Higher visibility of targeted groups. d) Increasing lack of social preparedness. e) Increased number of terrorist attacks both at home and abroad. 3. Who commits the crimes? a) Offenders targeting a particular group. b) Offenders who are unremarkable under ordinary circumstances. c) Offenders who fear: a. Demographic changes. b. Shift to a service economy. c. Negative stereotypes. d. Growing diversity. 5. Hate Crimes are Committed for the purpose of deterring the exercise of any right or privilege under the laws of the Constitution of the United States, and are generally related to life, liberty, or the pursuit of happiness. a) b) c) d) Legally prohibited activity motivated by a person(s) being different. Directed against members of a specific group. Most do not involve organized hate groups. Usually committed under ordinary circumstances.

6. Hate Crimes are an act of Intimidation: a) Harassment. b) Physical force or threat of physical force 7. Perpetrated against a: a) Person. b) Family. c) Property. d) Supporter.

37

8. Hate Crimes are motivated in part or in whole by hostility based on: a) Race/color. b) Ethnicity/nation origin/ancestry. c) Religion. d) Sexual orientation. e) Gender. f) Disability. g) Hate Crimes h) Uniquely violent and assaultive. i) Traumatic to victims. j) A threat to community stability. k) A potential threat for communities and police departments. 9. Studies show hate crimes are: a) Assaultive. b) Violent. c) Increase in severity unless there is intervention. d) Committed by groups of perpetrators. e) Committed by strangers. f) More traumatic to the victim. g) Terrorize entire communities. 10. Hate Crime Injuries a) Physical injuries range from minor abrasions to murder. b) Psychological injuries can be the most traumatic injuries suffered. 11. Military and Hate Crimes a) 1986 Army and Marine Corps members participated in KKK activities. b) February 1990 Five Air Force Security Police were discharged for active participation in the KKK. One of the five was a chief recruiter and led crossburning activities in Denton, Texas. c) 1991 Army Sergeant and three others pled guilty to weapons charges and conspiracy to stockpiling hardware for use by white supremacists. Arsenal included land mines, machine guns, TNT, and anti-aircraft weaponry. d) 1993 Four airmen in Alaska were discharged for burning a cross and using racial slurs. e) 1995 Two Army soldiers committed racially motivated murders at Ft. Bragg. 12. Lessons Learned a) There is nothing routine about a hate crime. b) Can result in a public crisis of confidence and impede combat readiness. c) Must maintain control of the barracks. d) Indicators are usually present but often missed. e) Extremism policies are not understood. f) Command attention drives behavior underground.

38

13. Legal Considerations of Hate Crimes a) Present a particularly difficult challenge to law enforcement due to violence, social disruption, randomness, serial nature, and difficulty in solving. b) Successful implementation of hate crime laws in a crucial step. 14. Investigation/Prosecution Goals a) Achieve uniformity in reporting (Federal Hate Crimes Statistics Act). b) Recognize the elements. c) Understand response techniques and victim considerations. d) Recognize the importance of multiple reviews. e) Be familiar with the law and investigative strategies. f) Know the value of good community relations. 15. Legalities a) Federal law is geared toward conspiracy and State penalty enhancement statutes are generally geared toward individual random acts. b) Federal law is covered by the Hate Crimes Statistics Act of 1990. c) Generally, civil remedies are available under both State and Federal law. Civil remedies may include injunctive relief, compensatory and punitive damages, and attorneys fees. This should encourage victims to bring civil suits. d) It is important to know the statute involved and the elements of the offense to determine if a crime has been committed. e) Case law interprets the statutes. f) Evidentiary considerations are vital as they contribute to the admissibility of evidence. Admissible evidence includes the organizations the offender belongs to and the words they spoke. g) If a threat is involved, a hate crime has occurredthreats are not a protected expression. 1. The government has a special obligation to rid society of the two volatile ingredients that combine to become hate crimes (a) A violent form of criminality and (b) An act of discrimination. 2. Hate crime laws are an effective Constitutional weapon in Americas arsenal to combat criminal discrimination. 3. Hate crimes are those acts where an offender, because of the actual or perceived group characteristic of another person, intentionally targets a person or property. 4. Hate crime laws generally protect on the basis of race, religion, and ethnicity, and in some states, sexual orientation, gender, and disability. 16. Distinctions a) Hate crimes are a distinct category of offenses that are simply more dangerous and risky to the stability of a civilized society than other offenses; therefore, it is thoroughly appropriate to punish them more harshly. b) Hate crimes twice as likely to result in hospitalization of victim. c) More likely to involve groups, serial attacks, and risk of retaliatory violence.

39

d) Laws punish violence and discrimination. e) Supreme Court has held acts of insidious discrimination cause unique evils that the government has a compelling interest to prevent. f) Accordingly, like violence or other types of potentially expressive activities that produce special harms distinct from their communicative impact, such practices are entitled to no Constitutional protection [Roberts v. United States Jaycees, 468 U.S. 609, 628 (1984)]. g) The discriminatory and terroristic effects of hate crimes create fear and distrust along already fragile inter-group lines in a way that other crimes do not. h) Instills terror in entire affected group. i) Majority of arrests are juveniles. j) Change the way other crimes are punished graffiti or vandalism. k) Laws quickly forgotten and rarely used. 17. Federal Hate Crime Statutes There are four (4) principal federal crime statutes directed at racially motivated violence. (1) Three (3) are directed toward private individuals: (a) 18 USC Section 241, (b) 18 USC Section 245, and (c) 42 USC Section 3631. (2) One, 18 USC Section 242, prohibits violations by public authorities. 18. 18 USC Section 241 Elements of proof for racially motivated violence as set forth in 18 USC Section 241 are: a) Two or more persons must conspire. b) Purpose to injure, oppress, threaten, or intimidate. c) One or more victim inhabitant of US. d) Directed at free exercise or enjoyment of a right or privilege secured by the Constitution. 19. Reporting Hate Crimes a) UCR report partial picture. b) Not all hate crimes are reported by victims. c) Not all states report accurately. d) Reporting sometimes incomplete. e) Command Authority 20. Military Guidelines DOD Directive 1325.6, Guidelines for Handling Dissent and Protest Activities among Members of the Armed Forces. Military personnel, duty bound to uphold the Constitution must reject participation in [supremacist] organizations [the] system of rank and command, the requirements of trust and cohesiveness among service members, and the discipline

40

essential to military units demand that service personnel reject the goals of such. Casper Weinberger, Secretary of Defense, 8 Sep 86. 21. Command Authority a) To prohibit military personnel from engaging or participating in any activity they feel will affect the good order and discipline or morale within the command. b) This includes, but is not limited to: a. Authority to order the removal of symbols, flags, and/or posters. b. Placing areas and/or activities off-limits. c. Participation that poses a threat to health, safety, and/or security of military personnel. 22. Prohibitions a) Participating in public demonstrations or rallies. b) Attending a meeting or activity with the knowledge that it involves an extremist cause when: a. On or off duty, b. In uniform, c. In a foreign country, d. It constitutes a breach of law and order, and/or e. Violence is likely. c) Fund-raising activities. a) Recruiting or training members (including encouraging soldiers to join). b) Creating, organizing, or taking a visible leadership role. c) Distributing literature or other media on or off a military installation. 23. Command Options UCMJ may include, but is not limited to: 1. Article 92 - Failure to obey lawful order. 2. Article 116 Riot or breach of peace. 3. Article 117 Provoking speeches or gestures. 4. Article 134 General article, specifically, conduct which is prejudicial to good order and discipline or morale. 24. What jobs are they requesting? a) Recruitment b) Prior military service. c) AOL.com use women. d) What are the average gender, age, and race of a military member? Answer: 18-25 year old white male. 25. Responsibilities of Responding Officers a) Respond promptly. b) Apprehend perpetrator or keep incident from escalating. c) Notify supervisor. d) Preserve the crime scene. e) Stabilize the victim. f) Maintain non-critical, non-judgmental attitude.
41

g) h) i) j) k)

Permit the victim to ventilate. Be supportive throughout the process. Provide the victim with information on community resources. Conduct a preliminary investigation. Collect evidence of involvement of an organized group.

26. Dealing with the Victim a) Be empathetic and supportive. b) Attempt to calm the victim. c) Not interview in public. d) Reassure the victim. e) Allow victim to vent. f) Consider safety of victim and property. g) Not personalize the victims anger. h) Help the victim focus. i) Walk victim through procedures. j) Provide information. k) Ask what else the victim needs. l) Not leave the victim alone. m) Not act as if on time constraint. n) Not look at a watch. o) Sit if appropriate, but not on edge of sofa or chair. p) Seek translator if needed. q) Be non-judgmental. r) Use total listening. 27. Hate Crime Indicator Objective facts, circumstances, or patterns attending a criminal act(s), which standing alone or in conjunction with other facts or circumstances, suggest that the offenders actions were motivated in whole or in part by any form of bias. 28. Criteria for Recognition a) Motivation of perpetrator. b) Absence of motive. c) Perception of victim. d) Display of offensive symbols, words, or acts. e) Date and time of occurrence. f) Totality of circumstances.

42

---------------------------INSTRUCTOR CONTACT INFORMATION---------------------

ERIC L JACKSON FALETD U.S. Army Military Police School Attn: ATSJ-TE Fort Leonard Wood, MO 65583 Email: eric.lynn.jackson@us.army.mil Phone: DSN 676-7780 CIV: (573) 563-7780 Fax: DSN 676-8062 or (573)563-8062

DONNA D. FERGUSON FALETD U.S. Army Military Police School Attn: ATSJ-TE Fort Leonard Wood, MO 65583 Email: donna.d.ferguson@us.army.mil Phone: DSN 676-7868 CIV: (573) 563-7868 Fax: DSN 676-8062 or (573)563-8062

43