National Best Practices Meeting

May 19, 2016 — Volume 12

Boston – July 19 and July 20, 2016

BP Committees around the nation are spearheading exciting initiatives. Come to share ideas, get energized and enjoy each other’s company.

Author(s): Hamann, Greenberg-Chao

Prosecutors have a core mission to protect the community and ensure justice when enforcing the law. Traditionally, a prosecutor’s role was a limited and relatively passive one – to evaluate and prosecute arrests made by the police But over the last forty years, there has been a dramatic transformation and expansion of prosecutors’ mission, to not only vigorously prosecute criminal cases, but also to engage in crime prevention, problem solving and community partnerships.

Author(s): PCE, CDAA

Digital evidence includes evidence retrieved from cell phones, computers, surveillance cameras, and social media sites. PCE can provide information on how digital evidence is captured, preserved and authenticated for use in court, as well as information to assist prosecutors with addressing emerging issues, such as police worn cameras.

New Study: Expanded Eyewitness Jury Instruction Makes Jurors Suspicious of Any Eyewitness — Even in Strong Cases

Defense attorneys are increasingly seeking expanded jury instructions on the reliability of eyewitnesses in lieu of calling a defense expert. A recent study in New Jersey has demonstrated that jurors who received these instructions “indiscriminately discounted ‘weak’ and ‘strong’ testimony in equal measure.”

“Making a Murderer” has triggered much discussion about the criminal justice system.  However, it has also raised questions about the ethics of investigative reporting. The recent New Yorker article below makes the point that “a private investigative project, bound by no rules of procedure, is answerable only to ratings and the ethics of its makers.”

Dead Certainty, How ‘Making a Murderer’ Goes Wrong, The New Yorker (1/25/16) Read

January 28, 2016 — Volume 6

Secure In Our Convictions:
Using New Evidence To Strengthen Prosecution 
Prosecutors’ Center for Excellence, January 2016. Click here

Benefits and Challenges of New Evidence: With the focus on erroneous convictions of the past, there has been little discussion of the improvements in science and technology that are enabling police and prosecutors to get their cases right in the first instance. Time and again this new evidence is being used in jurisdictions of all sizes to verify the guilt of a suspect or to exonerate an innocent suspect. However, with these benefits come serious challenges. Prosecutors must find the manpower, technical knowledge, and funds to keep pace with the changing technologies and the deluge of digital evidence. Pre-existing budget cuts and diminishing labor pools often compound these hurdles.

January 14, 2016 — Volume 5

Police departments around the country are purchasing body worn cameras (BWC) at an accelerating pace. Prosecutors should get involved in this process as early as possible. Here is a brief overview of some of the issues prosecutors may consider. Also attached is a selection of model policies, articles and reports that provide more detailed information.

Office of the Attorney General for the District of Columbia (Washington, DC) 

Population: 689,545 | Number of Full-Time Prosecutors: 280 | Contact Information

Through a grant from Innovative Prosecution Solutions, the District of Columbia’s Office of the Attorney General (DCOAG) has created and implemented a restorative justice (RJ) program aimed at reducing the risk of reoffending among individuals between the ages of 12 and 24 who have committed low-level offenses (e.g., unlawful entry, theft). Upon the victim’s consent, DCOAG facilitates a mediation process between the victim, the offender, and their families.

Miami-Dade State Attorney’s Office (Miami, FL)

Population: 2,752,000 | Number of Full-Time Prosecutors: 300 | Contact Information

To address an increase in Juvenile homicides, shootings, and violent crime in the Miami area, the Miami-Dade State Attorney’s Office embedded a multidisciplinary team funded by Innovative Prosecution Solutions in a local police station.

Jackson County Prosecutor’s Office (Kansas City, MO)

Population: 700,310 | Number of Full-Time Prosecutors: 65 | Contact Information

To address the proliferation of violent crime and gun use, the Jackson County Prosecuting Attorney’s Office (JCPAO) adopted a vertical prosecution protocol for crimes of violence. Instead of assigning isolated functions, prosecutors were given a case from referral to final disposition. JCPAO used Innovative Prosecution Solutions to fund regional, vertical prosecution for violent offenses occurring in areas most impacted by violence.