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Prosecutor Priorities, Challenges, and Solutions

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Prosecutor Priorities, Challenges, and Solutions C O R P O R A T I O N Prosecutor Priorities, Challenges, and Solutions Daniel S. Lawrence, Camille Gourdet, Duren Banks, Michael G. Planty, Dulani Woods, Brian A. Jackson SUMMARY State and local prosecutors face an ever-increasing array of Key Findings challenges and responsibilities, including recruiting and The panelists retaining talented and diverse prosecutors and handling, • recognized that research to better understand ways to storing, and using growing bodies of evidence generated improve staff recruitment, training, and retention would best through modern technology. Some of these issues have support many of the challenges that prosecutors face. emerged recently, while others represent ongoing chal- lenges to prosecutors that have been complicated by recent • advised that prosecutors are challenged by the inadequate technology or emerging trends. Although crime levels are at or inconsistent collection of data and other information that their lowest in more than 25 years, prosecutors face signifi- is shared among agencies, their partners, and the com- cant challenges from, for example, persistent violent crime munity, as well as by emerging digital and forensic tech- in urban areas, difficulties in obtaining the technical capa- nologies. Prosecutors need guidance on maximizing case bilities necessary to identify and prevent cybercrime, and investigation and trial resources. the opioid epidemic that has devastated communities across • recommended identifying promising practices to prevent the United States. Prosecutors are expected to deliver fair and respond to witness intimidation and tampering, which and legitimate justice in their decisionmaking while balanc- are pervasive in the criminal justice system and directly ing aspects of budgets and resources, working with increas- affect outcomes. ingly larger volumes of digital and electronic evidence that • recommended conducting research into the most-promising have developed from technological advancements (such as practices for collecting and disclosing officer misconduct social media platforms), partnering with communities and and discipline issues, as well as reporting disclosure obliga- other entities, and being held accountable for their actions tions related to the Brady and Giglio standards. and differing litigation strategies. State and local prosecutors around the country • recommended more research on engaging the community continue to contend with very high caseloads and com- and determining whether different combinations of problem- paratively lower salaries than practicing attorneys in other solving and litigation strategies can reduce crime. settings. These realities can make both the retention and the ongoing professional development of prosecuting attorneys a challenge. With the advent of such technology as social media and body-worn cameras, prosecutors must contend with large volumes of digital information and must determine the admissibility of evidence based on not just its probative value but also whether a proper chain of custody was established and followed. Similarly, although the rise of predictive analytics and other data science tools can provide new insights to increase fairness and promote justice, these kinds of risk assessment measures are not foolproof. Moreover, advances in forensic science have brought new capabilities that can be critical to a case, but the time required to properly conduct 2 the testing may fall outside the statutory time frame by which a pressing challenges prosecutors and various actors within the prosecutor must make charging decisions. criminal justice system face. These conversations are designed In addition to new technological advancements, the to help NIJ prioritize areas in which further research could demands placed on a prosecutor have increased. Under the directly affect the capacity and daily work of criminal jus- key Supreme Court cases outlining these standards, the scope tice practitioners and to promote a fairer, more efficient, and of potentially exculpatory evidence that must be disclosed more just criminal justice system. A previous report supported to the defense under the Brady and Giglio standards and the under this grant succinctly summarizes the purpose of the ethical guidelines that prosecutors must follow under the rules of professional conduct have both expanded over time Workshop Participants (Brady v. Maryland, 1963; Giglio v. United States, 1972; Abel, Jethro Antoine 2015). Moreover, the increasing volume of potentially relevant Center for Court Innovation digital information, video footage, and other information from Matt Bailey technological devices and tools can significantly add to the White House Office of Management and Budget amount of time needed to sufficiently examine and investigate Justin Bingham the evidence in order to make decisions about whether to drop City of Spokane (Wash.) Prosecutor’s Office or pursue a case. This can be especially challenging because the staffing and other resources in prosecutors’ offices have Sunita Doddamani Macomb County (Mich.) Prosecutor’s Office not necessarily kept pace with these increasing demands. In addition, because high-profile wrongful conviction cases have Cynthia Garza eroded trust in some communities, prosecutors sometimes Dallas County (Tex.) District Attorney’s Office operate under increased scrutiny. In combination, these circum- Kristine Hamann stances can make the work of prosecutors more challenging Prosecutors Center for Excellence in certain types of criminal cases in which witness coopera- Robert Hood tion and input from the community are essential to bringing a Association of Prosecuting Attorneys strong case. Jason Kalish These are just some of the challenges that prosecutors face Maricopa County (Ariz.) Attorney’s Office in their work today. Although these challenges may be specific to a single entity within the criminal justice system, they can David LaBahn Association of Prosecuting Attorneys greatly affect the criminal justice system as a whole because prosecutors represent the key link between the police and Patrick Muscat correction systems. Addressing the needs of prosecutors could Wayne County (Mich.) Prosecutor’s Office therefore contribute to improving the efficiency, legitimacy, and Kimberly Overton administration of justice within prosecutors’ offices and the North Carolina Conference of District Attorneys criminal justice system, as well as in the eyes of the victims and Bryan Porter the community. Commonwealth of Virginia Attorney’s Office On behalf of the National Institute of Justice (NIJ), RTI Melissa Redmon International and the RAND Corporation convened a prosecu- Fulton County (Ga.) District Attorney’s Office tors’ workshop in March 2018 as part of the Priority Crimi- nal Justice Needs Initiative. Through the workshop and this Michael Sachs Manhattan (N.Y.) District Attorney’s Office accompanying report, we seek to complement and build on the important work of the National Law Enforcement and Cor- Matthew Saniie rections Technology Center, as well as previous NIJ-funded Cook County (Ill.) State Attorney’s Office reports and research into the needs of prosecutors. The Priority Vicki Vial-Taylor Criminal Justice Needs Initiative regularly convenes work- Hennepin County (Minn.) Attorney’s Office shops to bring together experts, practitioners, scientists, and John Wilkinson key stakeholders to identify and candidly describe the most- AEquitas 3 prosecutor-focused workshop and resulting report: “The result 2014; Kroepsch, 2016; Leary, 2016; Monagas and Monagas, of these efforts is a set of prioritized needs, providing a menu of 2016; Oliver and Batra, 2015; Pruitt and Showman, 2014; innovation options for addressing key problems or capitalizing Scheck, 2017; Taubman, 2015; Thompson, 2017; Trehan, 2014; on emerging opportunities” specific to prosecutors (Jackson, Walsh, 2013; Wandler, 2016; Wright, 2012). Russo, et al., 2015, p. xv). This report describes priority areas that a panel of prosecu- The purpose of this report is twofold: to identify the most- torial experts recommended for new or continuing research. pressing challenges that prosecutors face today and to prioritize RTI International and the RAND Corporation convened the future research needs that could help mitigate some of these workshop panel in March 2018. The workshop discussion challenges to enhance the capacity of state and local prosecu- was purposely broad to cover many topics within a prosecu- tors in the United States. The intended audience includes NIJ tor’s functions and objectives. We examined academic and staff, state and local prosecutors, criminal justice researchers, law review articles in emerging and evolving areas of law and data scientists, and the general public. fielded a short survey with participants ahead of the meeting The panel was designed to examine the challenges associ- to define the topic areas for the workshop. From this work, we ated with prosecutorial work and identify the technology and identified a preliminary list of prosecutor-related needs and other needs that, if met, can help prosecutors respond to those innovations, which anchored the discussion during the panel. challenges. The 17 core participants in the workshop included We organized these into the following four categories: six members from academic, training, or nonprofit institutes • Case screening and investigation. Examples of needs who focus on prosecutorial work; two city prosecutors; two and innovations in this category include evolving
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