Who is a Missing Person? 

who is a missing person?

This question came across social media to me recently and the question had me thinking about all the permutations of “the missing.” Is there a true definition? Is there an official “Journal of the Missing”, published monthly and doled out to all library shelves at University libraries? A quick internet search revealed nothing.  This is a niche that few have studied in any depth with the exception of grass root non-profit organizations. They, in fact, are the experts with honed skills through “being in the trenches “and figuring out what truly is needed, how to assist the families of the missing, building collaborations with law enforcement and other organizations in order to do everything possible to effect a rescue versus a search for remains.  The CUE Center for Missing Persons stands out among such organizations.

At its core, how do we know someone is missing?

On a personal level, I believe that if someone cares for another person, has a personal tie to them, and that person has not been located in several hours, to days, months, years,  that is a “heart definition” of a missing person. Are there people who go missing intentionally? YES!  Are there people who go missing unintentionally by virtue of circumstances beyond their control? Yes! Should we judge as to if their gone missing status was preventable? NEVER, because one mis-step or series of bad decisions and we could be there is “a New York minute!

Legal Definition (According to US Legal.com) A missing person is a person 18 years old or older whose disappearance is possibly not voluntary, or a child whose whereabouts are unknown to the child’s legal custodian, the circumstances of whose absence indicate that:

  1. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; or
  2. The child voluntarily left the care and control of the child’s legal custodian without the custodian’s consent and without intent to return.
  3. State agencies work to coordinate reports of missing persons with federal agencies, such as the National Crime Information Center (NCIC).
  4. In states with an Amber Alert Plan, parents of a missing or abducted child can contact their local police or sheriff’s department to file a Missing Person Report. If a child is missing and believed to be in danger, there is no 24-hour waiting period.  The law enforcement agency will immediately enter information about the missing child into the Missing Person’s database and the National Crime Information Center’s Missing Person File.

Participating law enforcement agencies can request an Amber Alert if their investigation determines that the child’s disappearance meets the Amber Alert criteria.

Types and Examples of Missing Persons:

Every missing person is somebody’s child…

Other Categories:

We also have men and women missing as a consequence of prostitution, “survival on the street” essentially often hiding in plain sight, fighting their demons, trying to survive.

Another huge category of the missing is attributed to Intimate Partner Violence. We need only to go to SusanMurphy-Milano.Com to see the thousands of examples she left for us!

And on and on….

Suffice it to say, the reasons for going missing are many and varied. If we care for humanity, our hearts are big enough to hold all of the reasons. It matters not why in the final analysis. It only matters that we find them and help them back to a “new normal.”

CUE Center for Missing PersonsIf you know of a missing person, please file a report with the police and then contact the CUE Center for Missing persons, a national non-profit organization.  To support their work: http://www.ncmissingpersons.org/donate/

 

Who is a Missing Person?

 

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Crime Victimization & Victim Impact: Nuts & Bolts and Some “Intangibles”

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Just keeping afloat in 2018, takes incredible fortitude and courage. Seemingly at every turn we see violence, sadness, corruption, natural disaster, loss of morality, indifference and a general dumbing down of standards that used to be impenetrable. When we have such forces as our backdrop for life, our yardstick, how do we possibly deal with our personal devastation in the aftermath of crime? How do we personally keep afloat and find a sense of hope? It is the hardest challenge we will ever face!

Who Does a Better Job?

Although we have made great strides with the infrastructure of victim advocacy over the years, the humanity, the compassion and support and the going the extra mile often lags behind when it comes to governmental services perpetually faced with financial cuts. In my opinion, it is the grass roots non-profit organizations who have figured out how to do more with less and make friends with community partners and survivors of crime who appear to be better equipped to provide the services most needed.

Nuts & Bolts of Victim Impact Statement:

During the sentencing phase of a trial or board of pardons and parole hearing, a crime victim is metaphorically standing at the crossroads of their forever after existence. That person hopefully has given much thought and has decided what is truly important to convey to the court or BPP officials individually, or collectively, with the assistance of a paid advocate or fellow survivor.  As the surviving victim, you should ask yourself before you even attempt to compose a statement, what should be my primary focus? What do I really want?

A review of possible options:

  • The emotional impact and devastation of my loss;
  • Financial  restitution;
  • Requesting a verbal or written apology from the offender;
  • Having the opportunity to add new  information to the formal record with the potential of altering the length and provisions of sentencing;
  • Using this forum for emotional release;
  • Describing the future legacy of your murdered loved one;
  • Educating judicial officials regarding your unique needs and nuances of the process which were previously overlooked but very important to you;
  • Expressing forgiveness to “a higher power” as a way of self-healing;

Other Considerations:

  • In the State of Connecticut when delivering your victim impact statement, you are not limited regarding the length of time, nor is the content edited in any way, according to our Board of Pardons and Parole website and personal experience.
  • In the State of South Carolina, a videotaped statement cannot exceed five minutes in the case of one victim, ten minutes for multiple victims.
  • (Be sure to check with your state as rules vary from state to state.)
  • Physical Environment – During a court sentencing, you will be facing the judge with the defendant behind you or to the right or left of you as you make your presentation.  Your statement is part of the official court record, or hearing.
  • Restitution and Compensation (From the National Center for Victims of Crime) Increasing the likelihood that restitution will be ordered:  Victims can do two things to increase the likelihood that restitution will be ordered in their case: gather information about their financial loss, and request that restitution be ordered.  To increase the chances that restitution will be ordered, victims should make sure their victim impact statement includes a summary of the out-of-pocket expenses resulting from the crime
  • The difference between restitution and compensation: While restitution is court-ordered payment from a convicted offender, crime victim compensation is a state government program that pays many of the out-of-pocket expenses of victims of violent crime even when there is no arrest or prosecution. Ordinarily, to be eligible for compensation the victim is required to report the offense within a certain amount of time, cooperate in the investigation and prosecution, and file an application within a set time. The expenses covered by compensation vary and are usually set by state law. All compensation programs cover medical expenses, most cover counseling, and very few cover any property loss.
  • In comparison, restitution can only be ordered in cases where someone has been convicted. However, restitution can be ordered in almost any case (although courts may be required to order it only for certain offenses), and can be ordered for a wider variety of losses, including property loss. A victim cannot collect both compensation and restitution for the same losses.
  • Technology- Videoconferencing is a concept that has existed since 1996. The clear leader in this area appears to be the State of Michigan. They began in 2004 with the Department of Corrections bringing the total of videoconferencing sites to 64, including five “telemed” sites. Imagine never having to leave prison grounds for prisoner –immigration hearings, dietician and mental health appointments! This is an up and coming industry of vast proportions.  MDs  can even use electronic stethoscopes to listen to heart and lungs and view x-rays instantly! Viola! This is all in the name of reducing costs and increasing efficiency!
  • Is there a line in the sand that needs to be drawn to say that victims of crime also need these innovative heath care services, particularly the elderly after having suffered their tremendous losses? Indeed!
  • “Intangibles”- meaning loss of productivity, medical care, mental health, use of public safety services, property loss, “tangible losses”, “quality of life” loss .  The problem is, the data available is so old – from the National Institute of Justice – January 1996, and can only be used as a general reference. Basically, 19 years ago…
  • Estimates of monetary values, including lost wages were in the range of $500,000 to $7 million;

What is Pain and Suffering and Quality of life really worth?

  • In 1996, violent crime was 3% of all medical spending and 14% of injury related spending and 10-20% of mental health expenditures in the U.S.
  • At that time, losses per incident of criminal victimization (including attempts) looked like this for fatal crimes including rape and murder-
  • Loss of productivity- $1,000,000;
  • Medical Care /Ambulance- $16,300;
  • Social-Victim Services- 0
  • Mental Health – $4,800;
  • Police & Fire Services – $1,300;
  • Property Loss/Damage – $120.00
  • Murder “Tangible Losses (Subtotal) “$1,030.000
  • “Intangible Quality of Life Losses” $1,910.00;
  • Total = $2,940.000

(Reference for above from: https://www.ncjrs.gov/pdffiles/victcost.pdf)

Victim Impact Statement Assistance Service

 

One can assume that for today’s standards, the current cost of living and the escalation of spree and mass murder, these figures may be triple or more per incident. (In my humble opinion)

I do not put much faith in numbers, for they can always be manipulated to serve ones’ point of view, human error is rampant and they do not tell the whole story. I believe that an investment in people and their true life stories illuminate our understanding and pave the way for change far better than what a calculator reveals.

In some cases, the surviving victims may be too emotionally distraught, or may not have the ability to correctly express their feelings. A professional who has experience as a victim of crime, as well as assisting others through trials, can help you put your thoughts into a professionally written statement, and coach you on your delivery in court.

If you are anticipating the task of victim impact statement writing with trepidation, perhaps I can assist.


DonnaGore-2

 

To schedule a presentation with me at your future event or  conference please contact:

ImaginePublicity,  Telephone: 843.808.0859  Email:  contact@imaginepublicity.com

Victim, Survivor, Thriver: A New Perspective on Grief

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From my perspective, after nearly 37 years, I take comfort in the knowledge that through the devastation left by the murder of my father, I have been able to thrive, bring comfort, knowledge and assistance to others in entirely different ways than I ever thought possible!

Over the past several years, mentors, including Susan Murphy Milano, homicide survivor and nationally known Intimate Partner Violence Expert and Advocate, Delilah Jones, President of ImaginePublicity, and Monica Caison, Founder of the CUE Center for Missing Persons, have given me opportunities and have made indelible marks on my life.  Thankfully, each of them has helped me graduate to true thriver mode in a myriad of ways. And, so can you!  

I would like to share the contents of a unique and valuable concept, with credit given to Dr. Barbara Whitfield a thalantologist (An expert in the study of death and dying). This chart is vital to the understanding of this progressive, useful concept.

As the theory goes, after having experienced a trauma, a person progresses, or gets stuck in a progression, from being labeled a ”victim,” then a ”survivor, followed by a “thriver.”

Upon discovering this material, I was delighted to identify myself as a “thriver” in nearly every category! Reading from left to right (Refer to chart)  from victim, to survivor to thriver, you can really see the progression of less needy, more independence and self-confidence in a person’s healing progression.

I challenge each reader to determine where they fit here and now on this chart. It is a perfect way to determine your emotional health goals. It is truly a map for post traumatic growth. Once you realize this, bask in your progress!

    From Victim to Survivor to Thriver

 

Victim Survivor Thriver
Doesn’t deserve nice things or trying for the “good life.” Struggling for reasons & chance to heal Gratitude for everything in life.
Low self esteem/shame/unworthy Sees self as wounded & healing Sees self as an overflowing miracle
Hyper vigilant Using tools to learn to relax Gratitude for new life
Alone Seeking help Oneness
Feels Selfish Deserves to seek help Proud of Healthy Self caring
Damaged Naming what happened Was wounded & now healing
Confusion & numbness Learning to grieve, grieving past ungrieved trauma Grieving at current losses
Overwhelmed by past Naming & grieving what happened Living in the present
Hopeless Hopeful Faith in self & life
Uses outer world to hide from self Stays with emotional pain Understands that emotional pain will pass & brings new insights
Hides their story Not afraid to tell their story to safe people. Beyond telling their story, but always aware they have created their own healing with HP
Believes everyone else is better, stronger, less damaged Comes out of hiding to hear others & have compassion for them & eventually self Lives with an open heart for self & others
Often wounded by unsafe others Learning how to protect self by share, check, share Protects self from unsafe others
Places own needs last Learning healthy needs (See Healing the Child Within & Gift to Myself) Places self first realizing that is the only way to function & eventually help others
Creates one drama after another See patterns Creates peace
Believes suffering is the human condition Feeling some relief, knows they need to continue in recovery Finds joy in peace
Serious all the time Beginning to laugh Seeing the humor in life
Uses inappropriate humor, including teasing Feels associated painful feelings instead Uses healthy humor
Uncomfortable, numb or angry around toxic people Increasing awareness of pain & dynamics Healthy boundaries around toxic people, incl. relatives
Lives in the past Aware of patterns Lives in the Now
Angry at religion Understanding the difference between religion & personal spirituality Enjoys personal relationship with the God of their understanding
Suspicious of therapists– projects Sees therapist as guide during projections Sees reality as their projection & owns it.
Needs people & chemicals to believe they are all right Glimpses of self-acceptance & fun without others Feels authentic & connected, Whole
“Depression” Movement of feelings Aliveness

 

 

©Barbara Whitfield 2003

 

 

Catalyst for Change- Victim Impact Statement Resonates Across the Halls of Washington D.C. & with the Inspector General of Homeland Security 

 

The following narrative is a heartfelt account of a mother who lost many opportunities to guide and nurture a daughter who was re-establishing her life.

Wendy Hartling

Wendy Hartling (photo courtesy FOX Insider)

Consider the ordeal and evolution of Wendy Hartling of Norwich, CT.

  • Just a year ago, Wendy was  “just an ordinary citizen” and resident of Connecticut;
  • She was thrust into a whirlwind of circumstances which includes the murder of her 25 year old daughter, Casey Chadwick on June 15, 2015, after her body was discovered stuffed in a living room closet by an illegal immigrant and multiple felon;
  • With the assistance of dedicated advocates including her attorney, Chester Fairlie and the Connecticut Congressional delegation,  her case has served as the catalyst for change regarding the innumerable deportation failures of ICE – The U.S. Immigration and Customs Enforcement Agency;
  • As overwhelming as it is, Wendy has become a local advocate and national spokesperson for her daughter and for all persons who have been re-victimized by the failures of ICE.

The murder of Casey Chadwick is a stunning example of the domino effect at its very worst. Worse than bureaucracy, indifference, incompetence and misplaced priorities, it costs the lives of valuable human beings and allows a vicious, nearly two time murderer to come to the U.S. illegally three times to carry out his crimes! This can no longer be tolerated! 

Wendy’s Testimony at the House of Representatives COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

Hello. My name is Wendy Hartlng. My life will never be the same after June 15, 2015. I am here on behalf of my daughter Casey who was stabbed to death and stuffed into a closet by a criminal alien, Jean Jacques. He was found guilty of attempted murder in 1996 and served sixteen years in Connecticut Prison. He should have been automatically deported by Immigration and Customs Enforcement when he was released from prison. Instead he killed Casey on June 15, 2015 and was found guilty of her murder after a trial. My hope is that he never gets out of prison.

According to laws passed by Congress, Jacques should have been deported. ICE had him in custody and detention three times. Tragically, ICE released him three times and he killed Casey just a few months after his last release by ICE. From defensive wounds we know that Casey fought courageously and that she suffered greatly before her death. If ICE and Homeland Security had done their job Casey would not have died and I would not be here as part of the club of Homicide Survivors which no parent wants to join.

My Attorney Chester Fairlie has written an article on the failure of deportation of criminal aliens. I would like to submit a copy of the article s part of my testimony. Mr. Fairlie states “This miscarriage of the deportation process contributed to the death of Casey Chadwick and caused grief and suffering to her parents and friends.” I understand that the Inspector General of Homeland Security has undertaken a full investigation of the Jacques failed deportation case and we are awaiting the report.

My daughter was loved so much by family and friends. Over three hundred people came to her wake. Casey and I were very close. She called and texted me every day. I can no longer talk to my daughter, hold her, hug her or just simply hang out with her or go out to eat which was one of her favorite things to do. This breaks my heart every second of every day. Casey’s best friend for thirteen years Crysta who came with me on this trip as support is devastated as is Casey’s boyfriend.

This is what I have lost. I can’t watch her walk down the aisle on the arm of her father. She will never have the chance of becoming a Mom, something she was thinking of before her death. She will never see her two nephews grow up or go to her siblings’ weddings. She will never again be at our family functions and holidays.

The tragedy of Casey’s death is not an isolated case and is occurring frighteningly often around the country.

Something has to be done to fix this horrible problem. I would never want any family to have to go through this. The pain is always with me. My heart is broken. I go to a Survivors of Homicide group which is very helpful.  An important thing I learned was that the pain will never go away. I have to learn to live with it. I am trying but it is the hardest thing for me in my entire life.

I was not prepared for Casey’s sudden death and I am doing the best I can. I was not prepared to become a Victim Advocate in her honor and I am doing the best I can. Thank you for listening.

Casey Chadwick

Casey Chadwick (photo courtesy FOX 61)

Commentary

The emotional upheaval of homicide is compounded by the task of crafting a cohesive, personal and impactful statement for the sentencing phase of a trial, or parole/pardons hearing. Wendy will utilize her public hearing testimony above as her victim impact statement.  Her wish is to become a long time advocate for this issue on behalf of Casey’s memory.

As a fellow homicide survivor, I believe that the most compelling aspects of her statement are: what she has learned “… that the pain will never go away and that I have to lean to live with it” and the fact that she was not prepared for the sudden death of her daughter, Casey, not prepared for this level of advocacy required to get justice. I ask you, how could anyone be prepared if they were in her shoes? 

If you have sufficient times – several weeks to months to prepare and require assistance with your victim impact statement, your investment in my customized victim impact writing service could be just what you’re looking for!

https://donnagore.com/victim-impact-statement-assistance/

Important Reference Information:

http://fixdeportation.org/ Chester Fairlie’s Website;

Former Shattered Lives Radio Shows on this topic:

  1. http://www.blogtalkradio.com/insidelenz/2015/10/24/shattered-lives-illegal-immigrant-spared-deportation-murders-ct-woman
  2. http://www.blogtalkradio.com/insidelenz/2016/05/21/shattered-lives-atty-chester-fairlie–government-secrecy-ice