Lethality Assessment Program

What is LAP?  11 question instrument used by first responders on a domestic violence call  Identifies victims of domestic violence who are at the greatest risk of being killed  Gets them out of harm’s way by immediate contact with domestic violence services.

Protocol  LAP used in cases of domestic violence between intimate partners when a first responder believes:  There has been an assault or other act of violence  The victim faces danger once the first responder leaves  When the call is a repeat between the parties or to the home  When the first responder’s gut tells him the situation is dangerous

Protocol  The victim is taken to a safe, private place  The victim is asked the questions, simply and in order  If the victim screens as high danger  First responder will advise victim that people in her situation have been killed  First responder will call 24 hour domestic violence hotline

Protocol  First responder will give information to worker on hotline  First responder will encourage victim to speak with the hotline worker.  Victim speaks to hotline worker, hands phone back to first responder for instructions.

Protocol  Victim refuses to speak with hotline, first responder calls hotline anyway  Obtains safety plan and tries to get victim to give a phone number to hotline worker

Background  Developed by Maryland Network Against Domestic Violence  Using research from Dr. Jacqueline Campbell  Validated Danger Assessment Tool  Now used in 100% Maryland Jurisdictions  30+ other states

Implementation  Police – domestic violence calls will take about 15 minutes longer  Domestic Violence Services- they must have a 24 hour hotline  Domestic Violence Services – must be prepared to take on more clients

Implementation  NEED HELP? MDNADV has training grants available

LAP AND THE PROSECUTION OF DOMESTIC VIOLENCE CASES

Pitfalls of Prosecution  Victim makes police report  Goes back to abuser in long span between arrest and trial  Refuses to appear  Disappears  Appears and refuses to testify  Testifies that he/she cant remember or lied to police officer

LAP Keeps Victims Engaged  Immediate counseling and/or shelter  Available for interview soon after arrest  Give prosecutor fuller picture of problem  Answers on questionnaire bring on discussion in initial interview with prosecutor and/or victim witness advocates

Bond Hearings  (A)  Person shall be admitted to bail unless there is probable cause to believe:  Liberty will cause unreasonable danger to himself or the public  Victims answers on LAP can help convince a magistrate or judge to set no bond  LAP questions (1,2,3,4,5,9,11)

Bond Hearings  (B)  Presumption against Bond for certain crimes of Violence  Defendant must rebut assumption to receive bond

Bond Hearings  LAP helps to negate defendant’s case to overcome presumption against bond  History and characteristics of person (LAP questions 1,2,3,5,11)  Physical and mental conditions (LAP question 6,9)  Employment (LAP question 8)  Past conduct (LAP questions 1,2,3,5,9,11)

Bond Hearings   If bond is set, LAP gives ammunition to set bond at a higher amount or give stringent conditions to bond.  Factors:  Employment (LAP question 8)  Person likely to obstruct or attempt to obstruct justice  Person likely to threaten, injure, intimidate witness or victim. (LAP questions 1,2,3,4, 5, 11)

Trial  LAP may bring back the recanting witness  If witness becomes reluctant to testify near trial  Remind her of answers on LAP  Remind her of conversation with Advocates  Show her pictures taken on the date of the incident

Sentencing  Information on LAP helps prosecutors with sentencing decisions.  Problems identified in LAP give basis for probation conditions.  Request for longer jail or prison sentence

Sentencing  First Offender Treatment for those charged with Assault and Battery of a Family Member.  LAP answers may give prosecutor better idea of victim situation and the advisability of recommending this disposition in lieu of jail time or probation.

Protective Orders  Emergency Protective Order  LAP can help LEOs show there is probable danger of a further such act being committed by the respondent against the victim Victim witness advocates find LAP helpful when going with victims to procure preliminary and permanent protective orders.

Questions?  Lori B. Galbraith  Chief Deputy Commonwealth’s Attorney  307 Albemarle Drive, Suite 200A  Chesapeake, VA 