The Committee: Established in 2013, the NCCDA Best Practices Committee includes both elected district attorneys and senior assistant district attorneys, who represent a diverse collection of the state’s districts. The committee recommends procedures that enhance the truth-seeking function critical to all investigations and prosecutions; analyzes ethical issues and generates updates for prosecutors on cases and rules that affect the ethical obligations of prosecutors; and develops efficient and effective management procedures and guidelines for the processing of certain case types and issues.
The Committee: The KCDAA’s Best Practices Committee has 20 members, both elected district attorneys and assistant prosecutors representing small, medium and large jurisdictions from different parts of the state. The committee meets in person at least four times per year and corresponds over email or by conference calls in the intervening months. For an overview of the committee, click here.
This eyewitness identification toolkit provides prosecutors with an overview of the research behind witness memory and offers guidance for developing identification procedures. Prosecutors should take the lead in making sure that the identification procedures used in their state yield reliable, admissible evidence. The first step is to learn what procedures their police departments are using and to determine if they are fair and reliable.
Prosecutors’ Center for Excellence is available to prosecutors to offer further assistance on the issues briefly described below.
Encryption of smartphones and other digital media has thwarted law enforcement’s ability to keep communities safe. Even with a lawfully issued search warrant, the information requested cannot be accessed from encrypted phones. This loss of evidence is referred to as “Going Dark.”
To demonstrate the real dangers of Going Dark, we need to hear about your affected cases. Helpful examples include cases where evidence in a smart phone is unattainable due to encryption, but could have been critical in solving cases such as a homicide, a robbery, a lost child, or a terrorist attack.
Implicit Bias Toolkit for Prosecutors
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.
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.
Prosecutor-focused courses in law schools are an excellent way for prosecutors to expose law students to their work and to have students available to do research on prosecution issues. Statewide Best Practices Committees have benefited from working with their local law schools to develop classes that can focus on emerging issues and policy questions.