Chapter Fourteen
- 1. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crisis Intervention William Harmening Roosevelt University Harmening, Crisis Intervention: The Criminal Justice Response to Chaos, Mayhem, and Disaster Chapter 14 CRISIS IN THE COURTROOM
- 2. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 14.1 14.2 14.3 14.4 To list and define the various types of crisis that can occur in a courtroom. To describe the obstacles to maintaining a secure courtroom. To explain the risk continuum and the use of risk assessment techniques. To summarize both reactive and proactive courtroom security measures. CHAPTER OBJECTIVES
- 3. To list and define the various types of crisis that can occur in a courtroom. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 14.1
- 4. 14.1 Crisis in the Courtroom OVERVIEW • Between 1980 and 1993 there 3,096 threatening communications and assaults made against federal judges. • Between 1997 and 1998 there were 700 inappropriate or threatening communications to federal judges. • In a survey of Pennsylvania judges, 12 reported that they had been attacked in their own courtroom, and 533 had been the target of threats. • A Youtube.com search using the terms “courtroom fight” revealed 515 videos. A search using the terms “judge attacked” revealed 1060 videos. • A National Institute for Occupational Safety and Health revealed that Deputy sheriffs and courtroom bailiffs trailed only taxi drivers for the highest workplace homicide rate.
- 5. 14.1 Crisis in the Courtroom OVERVIEW • The courtroom is a breeding ground for crisis, as emotions run high, and oftentimes the target of revenge is sitting only feet away. • It is a constant juggling act to protect those in the courtroom without defeating the constitutional principles of a free and open trial, due process for civil litigants, and the ability of a defendant to face his or her accusers as an innocent person till proven guilty. • The courtroom must be free of circumstances that may be considered prejudicial, such as shackles, handcuffs, and even jail clothing while criminal defendants are in the presence of a jury.
- 6. To describe the obstacles to maintaining a secure courtroom. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 14.2
- 7. 14.2 Obstacles Obstacles to a Safe Courtroom • The Problem of Funding There is a misperception that a courtroom must be a safe place due to the presence of security personnel. Those holding the purse strings are less inclined to appropriate funds. • The Problem of Preparedness In many jurisdictions, courtroom security is carried out by retired police officers who are no longer physically and mentally prepared for the task. There is also a lack of training. • The Problem of Complacency Without constant training, it becomes easy for security personnel, especially in smaller jurisdictions, to become complacent. • The Problem of an Unsafe Infrastructure Many older courts facilities simply were not designed with safety and security in mind.
- 8. To explain the risk continuum and the use of risk assessment techniques. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 14.3
- 9. 14.3 Assessing Risk The Risk Continuum It is critical that court personnel assess the risk of any given proceeding. This risk assessment is based on a number of factors; • Criminal vs. Civil? • Will victims or their families be present? • Is there a chance for long term incarceration or death? • Is someone losing their property of children? • Does defendant have a violent history? • Has the defendant talked of or attempted escape? • Are there gang affiliations involved?
- 10. 14.3 Assessing Risk The Minnesota Model Many courtroom facilities have adopted the Risk Assessment Profile developed by the state of Minnesota Conference of Judges (1997). It begins by looking at the inherent risk level of a proceeding.
- 11. 14.3 Assessing Risk RISK CIVIL TRIAL CRIMINAL TRIAL LOW • Class Actions • Defendant not present MODERATE • Jury Trials. • Prisoner Petitions. • Pro Se Actions. • High-profile/ Media Intensified. • Threat Assessment/ • Moderate Rating • Strong Identification and Ideological views with known threat groups • Defendant not in custody – on bond. • Threat assessment – Moderate rating. • High-profile/ Media intensified. • Probation or parole violators. • Highly emotional/ Inner- relationships. • Multiple defendants. • Repeat offender(s). • Anti-Society behavioral characteristics. HIGH • Highly emotional/ Inner- relationships • Associated violent history or actions • Threat assessment – high rating • Strong identification and • Ideologicalviews with known Threatgroups. • Threat assessment – High rating. • Escapee from custody or commitment. • Violent actions/ Outbursts while in custody. • Defense or plea based on insanity. • Mass or serial sexual predator. • Murderer/ contract killer. • Protected witness. • Multiple defendants. • Defendants with violent criminal history. The Minnesota Model It then takes into consideration the inherent risk level of the participants to the proceeding. Each proceeding is then assigned a baseline risk level, and this level determines the level of staffing by security personnel. Level 1 – Low Level 2 – Moderate Level 3 – High Level 4 – High (with enhanced security).
- 12. 14.3 Assessing Risk Inconvenience Frustration Fear Directed Anger Profiling the Potential Emotional Response Another method of profiling is to look at the potential emotional response of the participants rather than the type of proceeding.
- 13. 14.3 Assessing Risk Inconvenience Frustration Fear Directed Anger Profiling the Potential Emotional Response Another method of profiling is to look at the potential emotional response of the participants rather than the type of proceeding. EX: Traffic ticket, most misdemeanor offenses, sentencing to probation for minor offenses, small claims.
- 14. 14.3 Assessing Risk Inconvenience Frustration Fear Directed Anger Profiling the Potential Emotional Response Another method of profiling is to look at the potential emotional response of the participants rather than the type of proceeding. EX: Being sued, Tax court, property disputes, marital disputes, family services hearings.
- 15. 14.3 Assessing Risk Inconvenience Frustration Fear Directed Anger Profiling the Potential Emotional Response Another method of profiling is to look at the potential emotional response of the participants rather than the type of proceeding. EX: Typically involves a fear of losing something; child custody, contentious divorces, long-term or death penalty sentencing, losing property to a government entity.
- 16. 14.3 Assessing Risk Inconvenience Frustration Fear Directed Anger Profiling the Potential Emotional Response Another method of profiling is to look at the potential emotional response of the participants rather than the type of proceeding. EX: Any proceeding where a participant’s anger toward a specific person is apparent; the most contentious divorce cases, cases involving threats against the judge, prosecutors, or cops, family members of victims present, opposing gang members present, anti-government types, volatile civil disputes.
- 17. 14.3 Assessing Risk Inconvenience Frustration Fear Directed Anger Profiling the Potential Emotional Response Another method of profiling is to look at the potential emotional response of the participants rather than the type of proceeding. The potential emotionality of a proceeding serves as a baseline for the deployment of resources. The level of emotionality is determined through intelligence gathering, proceeding type, and past interactions with the participants.
- 18. 14.3 Assessing Risk A Comprehensive Profiling Scheme This scheme provides a baseline risk level based on all factors; participants, proceeding type, and potential emotionality. CIVIL FAMILY CIVIL ECONOMIC CIVIL PROTECTIVE CRIMINAL NON- VIOLENT CRIMINAL VIOLENT NON-ELEVATED • Non-contested divorce • Family services- compliant parties • Bankruptcy • Small claims • Product liability • Protective Order- petitioner only • Initial appearance • Misdemeanor trial • Video arraignment • Status hearing ELEVATED • Contested divorce • Family services-non compliant parties • Parental rights • Foreclosure • IRS proceedings • Tax protestors • partner lawsuits • Seizures/ forfeitures • Land disputes • Protective order- defendant present • Involuntary commitments • High profile/ media • Defendant in custody • Victims present • Verdict/ Sentencing • Contempt of Court • Trial – Defendant in custody • Victim family present • Bond hearing • Initial appearance • Gang affiliation • Verdict DANGEROUS • Contested divorce- Child custody or prior threats • Family services-child removal • Tax protestor-prior threats • Lawsuits-prior threats • Protective order- defendant present w/ prior threats • Significant fraud- victims present • Victims present-prior threat against defendant • Verdict-victim family present • Sentencing • Defendant testimony • Opposing gang present Under this scheme there are 15 risk environments, with a predetermined resource allocation for each, with additional resources allocated as needed and as circumstances change.
- 19. To summarize both reactive and proactive courtroom security measures. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 14.4
- 20. 14.4 Security Measures Proactive Measures Prisoner Transport – 1. Prisoners should be transported in a caged vehicle with a barrier between them and the security personnel. 2. Each transport should include at least two security personnel. 3. Both the prisoner and the transport vehicle should be fully searched prior to every transport. 4. Prisoners must be kept under observation at all times. 5. Prisoners should never have their restraints removed until safely inside the building and in a secure location.
- 21. 14.4 Security Measures Proactive Measures Pre and Post-Hearing Activities 1. Once inside the court facility, detained prisoners should be held in a secure holding cell until being escorted to and from the courtroom. 2. Clothing changes should take place inside the holding cell. 3. At no time should an unrestrained prisoner be left alone with a single security officer. 4. When taken to or from the courtroom, prisoners should be moved in restraints by a secure route, and by at least two security guards. Restraints should not be removed until just outside the courtroom door. Prisoners should not be allowed to talk to anyone but their lawyers and security personnel.
- 22. 14.4 Security Measures Proactive Measures Courtroom Security • Level One: No security recommended unless special circumstances call for it. • Level Two: At least one security officer should be present. • level Three: At least two security officers should be present • Level Four: At least three security officers should be present. These requirements are in addition to those security officers escorting and guarding detained prisoners. When detained prisoners are present, facilities follow a one-on-one-plus-one standard. This means that for every detained prisoner, there should be a security officer detailed specifically to them, with at least one additional officer in the courtroom over and above those detailed to protect the courtroom. So for example, a level three hearing with two detained defendants would require 2 courtroom officers plus 2 transport officers plus 1 additional = 5 officers.
- 23. 14.4 Security Measures Proactive Measures Courtroom Security Inside the courtroom, officers should be positioned to intercept any sudden advances toward the judge, jury, or witness, as well as to block any possible escape routes by a detained defendant.
- 24. 14.4 Security Measures Reactive Measures Crisis Alerts • Code Green – A security officer signals this code when tensions are rising inside the courtroom and the potential for violence is increasing. • Code Blue – Signals violence inside the courtroom, such as a fight. Reinforcements respond quickly and in force. • Code Red – Signals an escaped prisoner. Facility immediately locked down. • Code White – Signals that weapons have been used. Additional officers are able to respond with appropriate caution. • Code Orange – Signals a hostage situation.
- 25. 14.4 Security Measures Reactive Measures Crisis Alerts All security personnel are trained in what to do in the event any of these alerts are sounded. Also, all judges receive the same training, and are able to signal the same alerts, usually through a silent alarm system. All security personnel have communication devices with a central dispatch center. Additionally, in the event of a crisis, there is a predetermined command structure in place. Crisis intervention then = Communication + Command Structure + Response Protocols
- 26. 14.4 Security Measures Trends in Courtroom Safety Video Arraignment The court system is limited in its ability to keep a criminal defendant from being present in the courtroom. However during ARRAIGNMENT they are able to. This is typically a very short hearing during which the judge advises the defendant of the charges against them, and asks how they wish to plead. Many jurisdictions are now doing arraignments of detained prisoners via video-conferencing. The defendant never leaves the jail. This reduces the possible danger of bringing unrestrained prisoners into the courtroom at a very early point in their incarceration, a time which is typically very tense as the reality of their circumstances hits them fully. The use of this method has been criticized.
- 27. 14.4 Security Measures Trends in Courtroom Safety New Courthouse Design New courthouses are being designed with safety in mind. They are designed to maximize the containment of a crisis by: 1. Minimizing opportunities for escape 2. Maximizing the safety of judges 3. Preventing contact between detained prisoners and the public
- 28. 14.4 Security Measures Trends in Courtroom Safety New Courthouse Design One of the most important elements of design is the flow pattern. This involves circulation patterns inside the building that never cross or comingle. • The Public Circulation System – This system allows for public access through a public entrance to all public service areas inside the building. People move through this zone unescorted. • The Restricted Circulation System – These areas are off limits to the public. It includes courtrooms (locked except during hearings), Judge’s chambers, and security officers’ areas. This zone includes a secure parking garage for judges, with a secure walkway and elevators between the garage and their chambers. • The Secure Circulation System – This is the zone reserved for prisoner transport. It runs from a secure sally port to holding cells outside the courtrooms. The corresponding walkways and elevators never cross or comingle the other zones.
- 29. 14.4 Security Measures Trends in Courtroom Safety Other Design Considerations • Each courtroom should have a clear separation between the spectator area and the area where the lawyers and participants sit. This may be accomplished with a short partition wall, or even bullet proof glass. • The Judge’s bench should of a height and configuration that impedes a hostile advance by someone, and should be equipped with some type of silent duress alarm. • Courtroom furniture should be designed without hidden recesses where guns or other weapons could be hidden.
- 30. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The courtroom is a very dangerous place due to emotions running high and people facing the loss of their freedom or life. It is a place where the need for high levels of security comes face to face with a defendant’s Constitutional guarantees. Traditionally, obstacles to maintaining a safe courtroom have included a lack of funding, a lack of preparedness, complacency, and an unsafe infrastructure. There are many systems and protocols that have been developed to enhance the safety of a court facility. These protocols relate to prisoner transport, the number of security officers needed in the courtroom, alert systems, and new court room design standards. CHAPTER SUMMARY 14.1 14.2 14.4 To insure a safe courtroom, security personnel must assess the risk of a hearing based on the hearing type, the probability of high emotions, and the defendant’s history and behavior. The risk assessment provides a baseline measure for allocating resources. 14.3
- 31. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved DISCUSSION QUESTIONS 1. Perhaps one way to make courtrooms safer in America is to disallow any and all observers during a hearing except by closed-circuit television. Discuss your views on this. Would such a move violate some principle of American justice in your view? 2. Research on the Internet a particular case of courtroom violence and discuss what went wrong and how it could have been avoided. 3. Discuss the practice of letting detained defendants change into civilian clothing prior to their trial, and how it relates to the concept of “prejudice.”