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Tuesday, November 29, 2022

Helping Assaulted First Responders During Legal Prosecutions

Occupational violence against firefighters and emergency medical services (EMS) workers is widespread. The Centers for Disease Control and Prevention reported that about 3,500 EMS workers received hospital treatment in 2017 for injuries resulting from work-related violence.

The U.S. Fire Administration documented the causes of violence to firefighters and first responders in the 2017 guide, Mitigation of Occupational Violence to Firefighters and EMS Responders. More than half and sometimes as many as 93% of EMS responders reported that they had experienced verbal or physical violence at least once in their careers.

Another study in 2016 that captured interviews and focus groups with first responders injured in assaults found that many believed their attackers do not face real consequences in the judicial system for their actions. Even where state statutes define EMS as belonging to a “protected class” and assaults are subsequently charged as a felony, convictions are rare.

Seeking to explore the theme of first responder dissatisfaction with the prosecutorial process, a group of researchers looked at how first responder assault cases that come before the Philadelphia District Attorney’s office are processed. Pennsylvania has a felonious assault statute to address such violence.

Research findings: common hindrances to prosecution

  1. Intent to cause bodily harm may be difficult to prove. If a patient becomes violent but has a mental illness, drug or alcohol intoxication, or some other medical condition, it may be difficult for the prosecutor to prove they intended to hurt the first responder. If there was no weapon or premeditation involved, then a felony charge is unlikely.
  2. A responder’s level of investment may be insufficient. It may be difficult for a first responder to dedicate the time needed for court appearances. Their absences cause prosecutors to feel the case is not important.
  3. Some responders aren’t prepared to testify in court. Responders may not be as familiar with the judicial process as prosecutors and judges think they are. Preparation before testifying in court is critical to get a satisfying outcome for the victim.
  4. Judicial sentencing discretion. Some judges may be influenced by a belief that violence against responders is just “a part of the job.” They may also be lenient on an offender since a felony conviction can have life-altering consequences. If a first-time offender appears to be someone who can be rehabilitated, that also makes a felony conviction a less desirable outcome.

Read more at the U.S. Fire Administration

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The Government Technology & Services Coalition's Homeland Security Today (HSToday) is the premier news and information resource for the homeland security community, dedicated to elevating the discussions and insights that can support a safe and secure nation. A non-profit magazine and media platform, HSToday provides readers with the whole story, placing facts and comments in context to inform debate and drive realistic solutions to some of the nation’s most vexing security challenges.

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