Jury Instructions v. Expert Testimony

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.

December 15, 2015 – Volume 4

Since 2014, Apple and Google’s new operating systems automatically encrypt their phones. This means that if law enforcement does not have the password, Apple or Google can no longer access the phone, even with a court ordered search warrant. The encryption may apply to some computers and laptops as well. So if a murder victim never divulged his or her passcode to anyone, or if a suspect refuses to disclose his passcode, the potential evidence or clues on the phone may remain permanently inaccessible.

May 28, 2015 – Volume 3

Shaken Baby Syndrome and the broader category of Abusive Head Trauma is a well-accepted and evidence-based diagnosis. Physicians who regularly work with pediatric patients and who are on the front lines diagnosing the cause of injuries to children, as well as respected and established medical associations, confirm that violent whiplash shaking of a young child’s head can cause serious and even fatal brain injury. In spite of recent media coverage and claims from some physicians, there have been no new scientific advancements that have undercut the viability of either diagnosis. Needless to say, any shaken baby/abusive head trauma prosecution should be accompanied by evidence that the accused party was the cause of the injury.

Circuit Attorney’s Office of St. Louis (St. Louis, MO)

Population: 318,070 | Number of Full-Time Prosecutors: 60 | Contact Information

The St. Louis Circuit Attorney’s Office has implemented a diversion program, supported by Innovative Prosecution Solutions, for defendants ages 18 to 25 who presented a moderate risk of re-offense. Participants are selected using the Ohio Risk Assessment System and a strict set of eligibility criteria. Once in the program, the young adults plead guilty to the crimes committed, regularly appear before a diversion judge, and are monitored by experienced probation officers.