Did You Know? Archive

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.

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

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.

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. 

One of the many benefits of being part of the Best Practices network is the ability to share information with prosecutors across the country about promising programs and how to implement them. Prosecutors’ Center for Excellence (PCE) held a two-day conference in Boston on July 19 and 20, 2016 with prosecutors from 17 states in attendance. One topic was how to create community programs on a shoe string.

Here is a sampling of the varied – and excellent – programs highlighted during the meeting:

An often difficult decision faced by prosecutors is whether to use evidence provided by a so-called jailhouse informant. Individuals, when incarcerated, may let their guard down with other inmates and speak freely about the crime with which they have been charged. They may also (perhaps falsely) claim to have committed some heinous act simply in an effort to “impress” fellow inmates. At the same time, inmates facing other charges may try to barter with law enforcement, providing information allegedly learned from a fellow inmate in exchange for some benefit, such as a lesser sentence.

Witness intimidation and witness tampering can occur in any case, from simple misdemeanors to homicides. It has a variety of consequences from the silencing of an entire community, to the murder of a witness, to the recantation of truthful testimony. Though witness intimidation is an insidious problem, there are strategies throughout the investigation and prosecution of a case that can help to keep a witness safe and reduce the impact of intimidation.

June 30, 2016 — Volume 15

There has been great scrutiny of police-involved fatalities and how they are handled by prosecutors. Here are four thoughtful approaches by prosecutors on how they have reported their findings when no criminal charges are brought (in alphabetical order by jurisdiction). Three articles on this subject are also included.