BJS 2019 National Survey of Prosecutors Instrument: 3/18/2020
Thank you for participating in the National Survey of Prosecutors Cognitive Test. Please track:
The total time it takes for you to complete the survey
The time it took you to complete section C of the survey
If there are questions that are too difficult to answer, please flag the questions and estimate the amount of time it would take you to retrieve the information.
If an answer is “0 (zero)” or “none”, please enter a 0 (zero).
If you cannot provide an exact count for a question, provide an estimate and check the estimate box.
Section A: Staffing and Services
A1. In what year did the current chief prosecutor first assume the official duties of chief prosecutor for this office?
The chief prosecutor is the elected or State-appointed head of the prosecutorial district.
If there was an interruption in the chief prosecutor’s term, please select the most recent year elected or appointed.
_____ [YEAR ELECTED OR APPOINTED]
A2. As of September 30, 2019, is the chief prosecutor a full-time or part-time employee of your office?
[ ] Full Time
[ ] Part time
A3. As of September 30, 2019, is the chief prosecutor male or female?
[ ] Male
[ ] Female
A4a. Please provide the ethnicity of the chief prosecutor as of September 30, 2019.
[ ] Spanish, Hispanic, or Latino
[ ] Not Spanish, Hispanic, or Latino
A4b. Please provide the race of the chief prosecutor as of September 30, 2019. Please select all that apply.
[ ] White
[ ] Black or African American
[ ] American Indian or Alaska Native
[ ] Asian
[ ] Native Hawaiian or Other Pacific Islander
[ ] Other (Please specify):___________________________________
A5. For the pay period that included September 30, 2019, how many full- and part-time litigating attorneys were employed in your office? If none, enter “0.” If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If you do not track this information, please check the ‘Do not track this information’ box. A litigating attorney is an attorney who carries an assigned caseload (e.g., assistant prosecutors, civil attorneys).
_______ Full-time litigating attorneys [ ] Estimate
_______ Part-time litigating attorneys [ ] Estimate
_______ TOTAL NUMBER OF LITIGATING ATTORNEYS (Sum of A5a and A5b) [ ] Estimate
[ ] Do not track this information
A6. For the pay period that included September 30, 2019, how many full-time litigating attorneys were male and female? If none, enter “0.” If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If you do not track this information, please check the ‘Do not track this information’ box. The total number of male and female litigating attorneys should sum to the total in column A5c.
A litigating attorney is an attorney who carries an assigned caseload.
_______ Male litigating attorneys [ ] Estimate
_______ Female litigating attorneys [ ] Estimate
[ ] Do not track this information
A7. Please provide the number of full-time litigating attorneys by race and ethnicity who were employed by your office during the pay period including September 30, 2019. If none, enter “0.” If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If you do not track this information, please check the ‘Do not track this information’ box. The total number of litigating attorneys should sum to the total in column A5c.
A litigating attorney is an attorney who carries an assigned caseload.
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[ ] Do not track this information |
A8-A9. During the pay period ending September 30, 2019, how many of the following types of non-attorney staff were employed in your office? If none, enter “0.” If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If you do not track this information, please check the ‘Do not track this information’ box.
Full-time staff: Enter the number of full-time personnel according to their PRIMARY job responsibility for the pay period that included September 30, 2019. Count each full-time employee only once. If full-time staff perform more than one job function, enter their count in the job category where they spend most of their time.
Part-time staff: Enter the number of employees who work fewer hours than your standard work week, including employees in job-sharing arrangements, according to their PRIMARY job responsibility for the pay period that included September 30, 2019. Count each part-time employee only once. If part-time staff perform more than one job function, enter their count in the job category where they spend most of their time.
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Staff position |
A8. Number Full-time |
A9. Number Part-time |
A person who investigates crime for the prosecutor’s office, interviews witnesses, and evaluates evidence |
_____ [ ] Estimate
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_____ [ ] Estimate
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b. Victim/ witness staff A professional who supports crime victims and witnesses by promoting rights, assessing needs, and linking to support services. Please include paid staff only, and include anyone in your office whose main tasks are to assist victims (e.g., advocates, compensation claims processors). |
_____ [ ] Estimate
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_____ [ ] Estimate
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c. Support staff Examples include administrative staff, clerical staff, human resources, paralegals, information technology (IT) staff, accounting staff, etc. |
_____ [ ] Estimate
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_____ [ ] Estimate
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d. Review/redaction staff Staff member(s) whose position is devoted to the review and redaction of digital evidence |
_____ [ ] Estimate
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_____ [ ] Estimate
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e. TOTAL ACTUAL STAFF (sum of rows a through d)
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_____ [ ] Estimate
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[ ] Do not track this information |
A10. Please provide the minimum and maximum dollar amounts that best encompass the range of entry-level salaries of full-time litigating attorneys hired by your office during the 12-month period ending on September 30, 2019. If there is no range, please provide the same value for the minimum and maximum entry-level salaries.
$_______.00 [MINIMUM]
$_______.00 [MAXIMUM]
[ ] Estimate
A11. During the 12-month period ending on September 30, 2019, how many full-time litigating attorneys were hired by your office and how many separated from your office? If none, enter “0.” If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If you do not track this information, please check the ‘Do not track this information’ box.
A litigating attorney is an attorney who carries an assigned caseload.
_______ Full-time litigating attorneys hired [ ] Estimate
_______ Full-time litigating attorneys separated [ ] Estimate
[ ] Do not track this information
A12. How many attorneys are required to work an on-call position at any given time? If none, enter “0.” If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If you do not track this information, please check the ‘Do not track this information’ box.
An on-call position is one where the attorney is required to respond at any time in a 24-hour period.
________ [NUMBER ATTORNEYS]
[ ] Estimate
[ ] Do not track this information
A13. Are staff in your office responsible for any of the following non-litigating activities? Select (X) all that apply.
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Activities |
1. Yes –Attorney(s) |
2. Yes – Other staff |
3. No |
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A14. Does your office provide any direct victim assistance or referrals for victims or their families in any of the following situations? Select (X) all that apply.
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1. Provide direct victim assistance Someone on your staff is providing victim assistance
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2. Provide referrals for victims or their families Someone on your staff refers the person to an outside organization
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3. Not Provided |
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Section B: Budget
B1. During the fiscal year including September 30, 2019, what were the total operating expenditures of your office, excluding capital outlays for construction? If you are uncertain, please provide your best estimate and check the ‘estimate’ box.
Operating expenditures or budget are defined as all recurring fixed and variable costs associated with the management and administration of your system. It does not include non-recurring fixed capital costs such as building construction and major equipment purchases.
Total office expenditures during the fiscal year that included September 30, 2019:
$ _____________. 00 [OFFICE EXPENDITURES]
[ ] Estimate
B2. From which of the following sources did your office receive funding during the fiscal year including September 30, 2019? Select Yes or No for each option.
Please consider only direct revenue from these sources.
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No |
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B3. [IF QUESTION B2e (Grant Funding) = Yes]:
How much direct revenue did you receive in the form of grant funding during the fiscal year including September 30, 2019? If you cannot provide an exact amount, please provide an estimate and check the estimate box. If you do not track this information, please check the ‘Do not track this information’ box.
$ _____________. 00 [DIRECT REVENUE]
[ ] Estimate
[ ] Do not track this information
Section C: Caseload
C1. During the 12-month period ending on September 30, 2019, did your office have either formal or informal policies for case-processing related to the following? Select Yes or No for each option.
A policy is a shared understanding, written or unwritten, among attorneys in the office relating to how a case or type of case is processed.
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C2. During the 12-month period ending on September 30, 2019, did your office prosecute the following types of felony offenses? Select Yes or No for each option.
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No |
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C3. During the 12-month period ending on September 30, 2019, did your office have jurisdiction for the prosecution of criminal cases (misdemeanor and/or felonies) occurring on tribal lands?
The term “tribal lands” includes areas also labeled Indian Country, federal or state recognized reservations, trust lands, Alaska Native villages, and/or tribal communities.
[ ] YES
[ ] NO
C4. During the 12-month period ending on September 30, 2019, did your office have a digital/electronic case management system?
[ ] YES
[ ] NO
C5. During the 12-month period ending on September 30, 2019, was your office responsible for prosecuting or litigating the following case types? Select Yes or No for each option.
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No |
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C6a. If your office was responsible for prosecuting or litigating civil matters during this time period, how many times did your office act as counsel for the plaintiff (state or county)?
_____________ [PLAINTIFF]
[ ] Estimate
[ ] Do not track this information
C6b. If your office was responsible for prosecuting or litigating civil matters during this time period, how many times did your office act as counsel for the defendant?
_____________ [DEFENDANT]
[ ] Estimate
[ ] Do not track this information
C7. Does your jurisdiction allow police to file cases directly in court without prosecutorial review (including traffic, municipal, and infraction cases)?
[ ] Yes
[ ] No [SKIP DIRECTLY TO C9]
C8a. [IF YES] After a case is filed directly in court by the police, does your office then handle those cases?
[ ] Yes
[ ] No [SKIP DIRECTLY TO C9]
C8b. [IF YES] If your office handles cases that were filed directly in court by the police, how many of those cases did your office prosecute without review in the 12-month period ending on September 30, 2019?
_____________ [NO REVIEW]
[ ] Estimate
[ ] Do not track this information
C9a. In the 12 months ending on September 30, 2019, how regularly did your office prosecute cases referred for the following public order offenses?
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Prosecution was almost always pursued |
Prosecution was pursued more than half the time |
Prosecution was pursued less than half the time |
Prosecution was rarely or never pursued |
My office has jurisdiction but no cases of this type were referred to my office |
My office has no jurisdiction over this offense |
Public Order Offenses |
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Driving under the influence of alcohol |
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Driving under the influence of marijuana |
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Driving with a suspended license |
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Fare evasion, including turnstile jumping, etc. |
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Drinking in public, or open container |
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Public intoxication |
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Disorderly conduct |
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Resisting arrest |
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Vagrancy |
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Public urination/defecation |
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Prostitution |
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C9b. In the 12 months ending on September 30, 2019, how regularly did your office prosecute cases referred for the following drug offenses?
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Prosecution was almost always pursued |
Prosecution was pursued more than half the time |
Prosecution was pursued less than half the time |
Prosecution was rarely or never pursued |
My office has jurisdiction but no cases of this type were referred to my office |
My office has no jurisdiction over this offense |
Drug Offenses |
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Smoking marijuana in public |
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Marijuana possession |
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Marijuana possession with intent to distribute |
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C9c. In the 12 months ending on September 30, 2019, how regularly did your office prosecute cases referred for the following property offenses?
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Prosecution was almost always pursued |
Prosecution was pursued more than half the time |
Prosecution was pursued less than half the time |
Prosecution was rarely or never pursued |
My office has jurisdiction but no cases of this type were referred to my office |
My office has no jurisdiction over this offense |
Property Offenses |
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Breaking and entering |
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Breaking into a motor vehicle |
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Shoplifting |
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Pickpocketing or purse-snatching |
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Possession of stolen property |
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Criminal trespassing |
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Vandalism/intentional damage to property |
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C10. What if any effect did offender characteristics have when deciding whether to prosecute these offenses? Please check only ONE box per horizontal row.
Offender had prior offenses
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[ ] More likely to prosecute |
[ ] Less likely to prosecute |
[ ] No effect on decision |
Offender was intellectually disabled |
[ ] More likely to prosecute |
[ ] Less likely to prosecute |
[ ] No effect on decision |
Offender was a non-U.S. citizen |
[ ] More likely to prosecute |
[ ] Less likely to prosecute |
[ ] No effect on decision |
Offender was a minor
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[ ] More likely to prosecute |
[ ] Less likely to prosecute |
[ ] No effect on decision |
Other characteristics (specify): |
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C11. In the 1st column below, please indicate the number of cases reviewed by your office during the 12-months ending September 30, 2019. Next, please indicate the number of each type of case in Columns 2 through 3 for which your office was responsible during the 12-month period ending on September 30, 2019. The sum of Columns 2 through 3 should not exceed the number in Column 1. If you are uncertain, please provide your best estimate and check the estimate box. Check NA if your office is not responsible for prosecuting or litigating these types of cases – Not selected in question C5.
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1. Number of cases reviewed by office during 12-months ending 9/30/19 |
2. Number of cases filed in court
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3. Number of cases diverted/declined
(Diverted post arrest prior to filing in court / Prosecuting party does not pursue charges) |
4. NA Not selected in question C5 |
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traffic) |
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C12.
Of the cases filed in court (reported in the second column of
question C11), how many were concluded by…
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1. Number of cases concluded by court or jury trial
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2. Number of cases concluded by plea
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3. Number of cases referred to Problem-Solving Court
(Court dockets designed to serve a particular group of offenses or offenders)
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4. Number of cases concluded by Nolle prosequi or dismissal
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5. NA Not reported in question C5 |
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C13. Of the felony cases concluded by court or jury trial (reported in the first column of question C12 for felony matters), how many resulted in… If you are uncertain, please provide your best estimate and check the estimate box.
_______ Conviction on one or more charges [ ] Estimate
_______ Not guilty/ acquittal on all charges [ ] Estimate
_______ Mistrial [ ] Estimate
_______ Other [ ] Estimate
[ ] Do not track this information
C14. If values were entered in C13d above (Other), please describe the other way that the felony cases were concluded:
________________________________________________________________________________________
Section D: Evidence in Prosecution
D1. During the 12-month period ending on September 30, 2019, what percentage of the felony cases reported in question C11a, column 2 did your office prosecute that involved the collection, analysis, review, and/or admission of the following types of digital evidence? If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If your office did not collect, analyze, review, and/or admit the following types of digital evidence, please mark the percentage as 0.
Digital evidence includes information that is stored, transmitted or received on an electronic device. |
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D2. During the 12-month period ending on September 30, 2019, what percentage of the felony cases reported in C11a, column 2 did your office prosecute that involved the collection, analysis, review, and/or admission of the following types of forensic evidence? If you are uncertain, please provide your best estimate and check the ‘estimate’ box. If your office did not collect, analyze, review, and/or admit the following types of forensic evidence, please mark the percentage as 0. |
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D3. Does your office have an established policy on how digital evidence is provided to defense attorneys?
[ ] Yes
[ ] No – [IF NO, SKIP TO QUESTION D4]
D3a. If your office has an established policy on the sharing of digital evidence with defense attorneys, what is the usual method by which this information is shared? Please select only the most frequently used method.
[ ] Digital platform only (e.g., www.evidence.com)
[ ] Hard handoff only (e.g., CD or USB flash drive)
[ ] Both platform and hard handoff
[ ] Method of sharing depends on specifics of case
D4. During the fiscal year that included September 30, 2019, what were the total expenditures of your office for the storage of digital evidence (including licensing fees, maintenance fees, IT support, and storage costs)? If you are uncertain, please provide your best estimate and check the estimate box.
$ _____________. 00 [EXPENDITURES]
[ ] Estimate
D5. During the fiscal year that included September 30, 2019, what were the expenditures of your office for the physical storage of forensic evidence? If you are uncertain, please provide your best estimate and check the estimate box.
$ _____________. 00 [EXPENDITURES]
[ ] Estimate
Section E: Diversion Programs and Specialty Courts
E1. Within your jurisdiction, do individuals in the following positions refer offenders to diversion programs? Select Yes or No for each option.
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c. Prosecutor [IF NO, GO TO QUESTION E3] |
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d. Someone else. Please describe: _________________________ |
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e. Referrals are mandated by statute |
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E2. During the 12-month period ending on September 30, 2019, did your jurisdiction divert the following types of offenses from prosecution prior to adjudication? Select (X) all that apply.
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Yes – Felony cases |
Yes – Misdemeanor cases |
No |
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E3. Within your jurisdiction, do individuals in the following positions refer offenders to problem-solving courts? Select Yes or No for each option.
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a. Judge |
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b. Law enforcement |
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d. Someone else. Please describe: _________________________ |
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e. Referrals are mandated by statute |
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E4. To what types of problem-solving courts do you refer offenders? Select Yes or No for each option.
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E5. Is the prosecutor expected to monitor cases that are referred to problem-solving courts?
[ ] Yes – A member of the prosecutor’s office is present and is responsible for monitoring PSC cases
[ ] Yes – Prosecutors are not required to be present, but do receive reports from PSC teams and are expected to provide some feedback
[ ] No – Prosecutor only knows if the defendant completes the court or is terminated from the court [IF SELECTED, YOU HAVE COMPLETED THIS SURVEY. THANK YOU FOR YOUR TIME.]
E6. How are prosecutors assigned to the problem-solving courts?
[ ] Original prosecutor assigned to case is responsible for handling case while in problem-solving court
[ ] Dedicated prosecutor(s) are assigned to all cases in one specific problem-solving court (e.g., one prosecutor for drug, one prosecutor for veterans, one prosecutor for DWI)
[ ] Dedicated prosecutor(s) are assigned to all cases in multiple problem-solving courts (e.g. one prosecutor for drug, veterans and DWI courts)
Return the survey to RTI by email, mail, or fax to the addresses listed in the email or letter that accompanied this survey.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Grossman, Ruth |
File Modified | 0000-00-00 |
File Created | 2021-01-14 |