The Conscious Prosecutor: Interactive Implicit Bias Toolkit for Prosecutors

Authors: PCE and National Black Prosecutors Association

As we know, prosecutors must be fact-based and fair in the pursuit of justice. Prosecutors cannot base their judgements on whim, bias or hunches. Studies have shown that all people have implicit biases that could influence their decisions. Training can help prosecutors to understand this issue and provide strategies for assuring that prosecutorial decisions are based on the facts and not predisposed by irrelevant implicit biases.

Here are some articles and a podcast about good prosecutors:

The Boss Didn’t Play Politics – New York Law Journal (12/16/2016) Read

Criminally Yours: What Makes a Good DA -Above The Law (10/17/2016) Read

Davidson County District Attorney’s Office (Nashville, TN)

Population: 715,884 | Number of Full-Time Prosecutors: 75 | Contact Information

The Davidson County District Attorney’s Office (DCDA) expanded their identification of human trafficking victims/survivors to increase access to services and improve prosecution of traffickers. DCDA received funding from Innovative Prosecution Solutions (IPS) to improve a validated Trafficking Victim Identification Tool and partner with the county probation department to expand screening of potential victims.

Wayne County Prosecutor’s Office (Detroit, MI)

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

In order to reduce violence, The Wayne County Prosecutor’s Office has established a dedicated team to respond to all non-fatal shootings (NFS) in one of its high need precincts. A vertically assigned team from the prosecutor’s office is responsible for the case from the initial incident through final judicial resolution.

Cook County State’s Attorney (Chicago, IL)

Population: 5,211,000 | Number of Full-Time Prosecutors: 900 | Contact Information

In response to its jurisdiction’s increasing rise in shootings and homicides, The Cook County State’s Attorney’s Office (SAO) utilized Innovative Prosecution Solutions (IPS) resources to identify and prosecute individuals who are most likely to engage in gun-related offenses in six of Chicago’s neighborhoods most impacted by gun violence.

Author(s): Bradley Altvater, PCE

Criminals are increasingly using shadowy corners of the internet to mask their identities and conduct illicit activities. Marketplaces on the “dark web” facilitate a range of criminal activities, including human trafficking and the distribution of child pornography. However, law enforcement and prosecutors are not helpless in the fight against these new criminal tactics.

Video evidence is exploding. Surveillance videos, YouTube clips, smart phone recordings and body worn camera videos are frequently part of the evidence in a case. This primer provides guidance for managing video evidence in the office and for introducing it in court. Read

Prosecutors, Police and Public Forensic Laboratories Working Together

Forensic evidence is an increasingly important part of a criminal case. As a result, it is critical for prosecutors and police to work closely with their public forensic laboratories to understand its procedures and the reliability of its tests. A Customer Working Group is an excellent way to achieve this goal.

On September 19, 2016, the President’s Council of Advisors on Science and Technology (PCAST) issued a 174-page report titled “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods”. Read

The PCAST Report does not bind any prosecutors or any courts, but it contains arguments that defense attorneys will use to exclude certain forensic evidence.  These motions have already begun.

Author(s): Kristine Hamann, Rebecca Rader Brown

A prosecutor’s core mission is and has always been to promote justice and to protect the community by ensuring public safety. Over the past 30 years, the way prosecutors approach this mission has evolved. In place of the old, reactive criminal justice model, prosecutors and police are using new methods and evidence to take a proactive, broader approach to preventing, investigating, and prosecuting crime.