Victim Risk Analysis / Threat Assessment (DRAFT) Research Paper for CrJu 4430 Victimology Dr. Stan Crowder Acknowledgement: This paper was developed from three main sources. In an effort to improve the reading and understanding of this document, the author has not cited the material; rather, the author gratefully acknowledges the adaptation of the material taken from the sources below. 1. Threat Assessment Guide: Evaluating and Analyzing Criminal Extremist Groups published by the California Department of Justice, April 2002. 2. Criminal Profiling: An Introduction to Behavioral Evidence Analysis by Brent Turvey. 3. Field Manual 100-14, Risk Management, HQ, Department of the Army, April 1998. General: Risk management is the process of identifying, assessing, and controlling risks arising from operational factors and making decisions based on safety. Risk is characterized by the probability and severity of a potential loss resulting from presence of an adversary or some other hazardous condition. Perception of risk varies. Victim Risk Analysis and Threat Assessment evaluates the characteristics of the crime by focusing on the victim. Victim Risk Analysis and Threat Assessment is a two-part process resulting in one written assessment. The Victim Risk Analysis evaluates the characteristics of the victim, analyzes the risks, and measures violence potential. The threat assessment determines a strategy to posit how the crime could have been prevented, could have been neutralized by the victim, and or what steps can be taken by society, law enforcement, and or potential victims so this type of crime will not be repeated. The Victim Risk Analysis is a part of the Threat Assessment; in other words, you cannot complete the Threshold Assessment without first completing the Victim Risk Analysis. The learning goal is an understanding of tactical or strategic plans that may overcome the threat to victims. A good assessment contributes to the detection, investigation, and prosecution of criminal offenders. Steps: The researcher must collect reliable intelligence and information on the case, the victim, and the offender. The researcher must interpret the information and assess the risks to the victim and threat potential of the offender. Examinations of the victim and offender include: capabilities (both physical and mental), determination, motivation, intentions, commitment, violence potential, and target methodology. 1. 1. Intelligence Gathering. Answering who, what, when, where, why, and how forms the basis for your research. Intelligence gathering does not equal Google! a. Collection. Your collection of intelligence about the case must be planned and focused. You need to be looking for trends, activities, actions, and dynamics. 1. Personal Contact. It may be possible to interview the victim or offender. However, this opens up new wounds for victims and offenders lie. A better idea would be to attempt to talk to the prosecutor, defense attorney, arresting officer, or original investigator. 2. CJ System. Police records, court records, probation officer files, correctional data may be available on your offender. 3. Public Data Sources. Lexus/Nexus searches, local newspaper files, news sites (FOX, ABC, etc), and micro-film (for old cases) are available. 4. Identify Hazards. A hazard is an actual or potential condition where injury, illness, or death can occur. The analyst must consider possible hazards that may be encountered by the victim and the offender. a. Examine weather, lighting, terrain (environment), avenues of approach, potential witnesses (or additional victims), and equipment (use of a car, weapon, or mask). b. Evaluation. Information should be evaluated to measure the reliability of the source and estimate the validity. 1. Assess hazards. Risk is the chance of hazard or bad consequences. Examine hazards in terms of probability and severity. Is there a reasonable expectation of something happening? What is the degree of injury, illness, loss, or damage? c. Collation. Separating fact from fiction and sifting out useless and non-relevant information depends on examinations of information completed in an orderly manner to establish relationships and disconnected elements. 1. Consider a Link Matrix Diagram to help you clarify associations and information. 2. Recognition of information that could or should have alerted, warned, or provided advanced information must be examined and possibly inferred. 2. d. Analysis. Convert your bits and pieces of information into an assessment that has meaning. Develop precise and valid inferences from the available information. What could have been done; should have been done; should never have happened; could have been prevent (how); and what can guide law enforcement in the next case. Without analysis you have just provided another re-hash of previously known material (although not necessarily linked as well as you have). 1. Tactical Analysis examines and determines specific criminal activity with the goal of neutralizing it. The activities of the criminal and victim are examined up to 24 hours before the crime. What activity and influences resulted in the criminal being where the victim was at the time of incident? 2. Strategic Analysis: Based on the tactical analysis, provide an informed judgment on how to neutralize the capabilities and violence potential of the offender and how to better prepare the next victim for an encounter with a similar offender. e. Reporting. Examine how the crime was reported to law enforcement. What actions can be taken by a victim or society to ensure better reporting? How well is the law enforcement report written and does it accurately reveal the crime, the victim actions, the criminal actions, and law enforcement actions? Is the law enforcement report a court worthy document? Can a future jurist read the report and understand the facts. Does the report answer the required questions of a basic investigation: who, what, when, where, and how? (Note: why is not necessary, but may be included). f. Dissemination. How and when did the media get information on the case? Was the media information correct? What was not reported that law enforcement kept close-hold (at least for some time)? Did law enforcement seek all the information they needed? 2. Risk Analysis. A complete threat assessment analyzes the risks to the victim and the risk taking by the offender. a. Victim Risk. Victim risk examines and defines the amount of exposure to the possibility of suffering harm or loss. Note that victims are not responsible for offender acts and are not to be blamed for being responsible for crimes committed against them. Everyone is vulnerable to some degree. How does the victim place themselves in danger? 3. 1. Categorizing Victim Risk. a. Low Risk Victim. A person’s personal, professional, and social life does not normally expose them to suffering harm or loss. b. Medium Risk Victim. A person’s personal, professional, and social life can expose them to suffering harm or loss. c. High Risk Victim. A person’s personal, professional, and social life always exposes them to suffering harm or loss. 2. Victim Lifestyle Risk. What is the risk to the victim based on their personality and personal, professional, and social environments? Who is the victim and how do they relate to hazards in their environment? Examine prevalent personality traits of the victim that may set them up for danger. Examples: aggressiveness, anger, sexual behavior, emotional stability, phobias, addictive issues, and self-destructive behavior. 3. Victim Incident Risk. What was the risk present at the moment of victim and offender were linked together? What was the victim’s state of mind and what environmental hazards contributed to the scene? 4. Location and Time of Occurrence. Was the victim in a place of where criminal activity is the norm? How close (physically and virtually) was assistance to the victim? Could the victim be physically isolated from others? Was it dark or light? Were other people present or should there be others present? 5. Number of Victims. Did the amount of victims have an impact on safety or vulnerability? 6. Intoxicants. Was the victim under the influence of alcohol or drugs? b. Offender Risk. Offender risk examines and defines the amount of exposure to harm, loss, identification, or capture the offender perceives when meeting or taking a victim. What obstacles have to overcome in order to acquire the victim while avoid identification or capture? What actions did the offender take to overcome those obstacles? 1. Modus Operandi Risk. MO risk examines ability of the offender by determining the amount of skill, planning, and precautionary acts before, during, and after the crime to garner the victim and avoid detection. 4. a. Low MO Risk. Low risk for offenders is reflected in expert skill, planning, and precautionary acts. Examples of low risk for offenders include: taking victims who will not be missed or, at least, not missed for a long time; using locations where they (offenders) can hide and where few witnesses are near; taking of strangers; taking victim to secluded area; and choosing locations a great distance from where the offender lives or works. b. High MO Risk. High risk for offenders is reflected by displaying no skill, poor planning, and no precautionary acts. Examples of high risk for offenders includes: taking of a victim is a well-lighted area with several witnesses and failing to cover their face or tag number on their get-away car. 2. Offender Incident Risk. Offender incident risk is determined by examining the amount of exposure to harm or loss the offender perceived during the event. As with MO risk, an offender who attempts a sexual assault in front of the police station is at a high risk of harm; conversely, an offender that attacks only at dark in a rural state park is at a low risk of harm or loss (at least from the offender’s perspective). 3. Threat Assessment. The completion of the risk analysis paves the way for the production of a threat assessment. A threat assessment details the priorities and informs potential victims and law enforcement in advance of criminal acts. The threat assessment examines intervention techniques, consequences of intervention, and crime prevention. Threat assessments attempt to measure the threatened harm, likelihood of an occurrence, and the immediacy of harm to a potential victim. a. Capability and Probability Factor. What is the history of crime in the area being examined? Has law enforcement taken any action or is the opportunity for crime the same? Have arrests been made in this area? Is contact with law enforcement an expectation for the offender in this area? When is the best time for crime in this area? What associated locations might contribute to crime (bars, night clubs, massage parlors, strip clubs, etc.)? Has the neighborhood retaliated against crime and criminals in the past? Is there a magnitude and attitude of threatened harm in this area? Is there a low value on life in this area? 5. b. Potential Targets. Who and what are the potential targets to criminals? Are symbolic targets (as perceived by the offender) available (examples: prostitutes or clergy)? Are targets “in the public eye,” in other words in view of neighbors, business cameras, or witnesses? Are government facilities or businesses in the area that might attract law enforcement officials to the area? 1. Vulnerability. Vulnerability refers to the susceptibleness of a victim and the amount of resistance a potential victim might display. Are targets easy to access and controllable? Is there an inherent or exploitable weakness in potential victims (examples: mentally challenged or children)? How and why are victims susceptible? 2. Intervention. What is the response time by law enforcement to the area of operations chosen by the offender? Are potential victims armed? Do businesses in the area use security guards? Are closed circuit television cameras mounted within eye-sight of the crime scene? 4. Risk Analysis/Threat Assessment Report Format. Ensure you examine each area from the victim and offender perspective. a. Introduction. b. Characters and Characteristics. c. Criminal Predicate. d. Warning Signs. e. Target. f. Consequences. g. Conclusion. h. Recommendations. 6.