Lethality Assessment Program. What is LAP? 11 question instrument used by first responders on a...
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Transcript of Lethality Assessment Program. What is LAP? 11 question instrument used by first responders on a...
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 ToolNow used in 100% Maryland
Jurisdictions30+ 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
19.2-120 (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
19.2-120 (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 19.2-121 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 18.2-57.3 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 19.2-152.8 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 23322 757-382-3200