Electronic Discovery

Prosecutors are obligated to provide timely and complete discovery, particularly with regard to exculpatory and impeachment material. The discovery process can be complex and time consuming. Failure to properly record the discovery documents provided to the defense can jeopardize cases and put prosecutors at risk of being charged with ethical violations. Thus, prosecutors are turning to technology to streamline the discovery process and to create a reliable record of what was turned over to the defense and when.

Author(s): Kristine Hamann, PCE

As police departments across the United States embrace the use of police body-worn cameras (“BWCs”), it is imperative that prosecutors be involved in the uptake process as early as possible. The cameras will inevitably capture a great deal of evidentiary material that will be used in every type of criminal prosecution. Thus, systems and policies must be developed to ensure that this evidence is properly captured and delivered to the prosecutor in a timely and usable way.

Author(s): Kristine Hamann, PCE

Prosecutors are obligated to provide timely and complete discovery, particularly with regard to exculpatory and impeachment material. The discovery process can be complex and time consuming. Failure to properly record discovery documents provided to the defense can jeopardize cases and put prosecutors at risk of being charged with ethical violations.

Montgomery County District Attorney’s Office (Conroe, TX)

Population: 607,391 | Number of Full-Time Prosecutors: 50 | Contact Information

The Montgomery County District Attorney’s Office has developed a Pre-Crime Unit (PCU) with Innovative Prosecution Solution grant funds, which targets the sources of prescription drug abuse through aggressive and responsible investigations and prosecutions to combat increases in drug overdose and drugged driving. The PCU team consists of a prosecutor, investigator, and paralegal.

Are You Prepared?

Disaster has hit prosecutors’ offices in a variety of ways: flooding (East Baton Rouge, Houston), hurricanes (New Orleans, Miami), fire (Missouri; New Jersey) and terrorism (New York). Even less destructive forces, like a snow storm, can impede a prosecutor’s office ability to function. Planning in advance of an emergency is critical for the safety of employees and for assuring that essential work can continue. Here are three areas for consideration:

Author(s): Kristine Hamann, Rebecca Rader Brown

In May 2013, a Colorado man fails to show up to work. Concerned, the man’s boss visits his house, where the man’s roommate refuses to let the boss enter. The boss contacts the police, who launch a missing person investigation. Using cell tower technology, police are able to approximate the missing man’s location in the hours leading up to his disappearance.

Office of the Worcester County District Attorney (Middle District Attorney) (Worcester, MA)

Population: 830,000 | Number of Full-Time Prosecutors: 88 | Contact Information

The Middle District Attorney’s Office has established the Worcester County Overdose Death Response Initiative funded by an Innovative Prosecution Solutions (IPS) grant, modeled after a similar initiative in Richmond County, New York, to investigate all fatal opioid overdoses as potential homicides. Researchers at Fitchburg State University are conducting data analysis, which will help the team develop geographic investigation and prosecution strategies.

Milwaukee County District Attorney’s Office (Milwaukee, WI)

Population: 600,000 | Number of Full-Time Prosecutors: 120 | Contact Information

With assistance from an Innovative Prosecution Solutions (IPS) grant, the Milwaukee County District Attorney’s Office has hired an Opioid Community Prosecutor to improve opioid trafficking and death investigations and connect overdose victims with needed services. This special prosecutor works closely with the West Allis Police Department Drug Unit and the Wisconsin Department of Corrections to build cases and identify people who need treatment for addiction.

Shelby County District Attorney General’s Office (Memphis, TN)

Population: 935,760 | Number of Full-Time Prosecutors: 112 | Contact Information

Through an Innovative Prosecution Solutions initiative, the Shelby County District Attorney General’s Office and its partners at the Memphis Police Department and the University of Memphis are working together to investigate fatal and nonfatal opiate overdoses through use of mobile Cellebrite technology known as UFED InField. This enables detectives to extract data from overdose victims’ cell phones at the scene, expediting identification of the victim’s supplier.

Wayne County Prosecutor’s Office (Detroit, MI)

Population: 1,793,561 | Number of Full-Time Prosecutors: 180 | Contact Information

The Wayne County Prosecutor’s Office (WCPO) is working to prevent opioid-related overdose deaths by utilizing data science to locate and prioritize hotspots of overlapping opioid-related activity and violent crime, eliminating the threshold for case referrals to WCPO’s drug unit, and employing a one-person grand jury to streamline investigations of opioid-related overdose cases.