Democratic Governance of Policing in Manhattan the Role of Elected Prosecutors. Jessica de Grazia

Transcription

1 Democratic Governance of Policing in Manhattan the Role of Elected Prosecutors by Jessica de Grazia

2 HMICPS Report on Yorkshire- Humberside CPS Region Despite good governance at Group level there is a need to improve aspects of casework handling and decision-making at the charging stage and throughout the life of a case, across both Areas. In too many cases, there was a lack of considered analysis by lawyers of evidential factors. Moving cases on to the next stage, often at the last minute, was seen as the imperative, which meant that either weak ones were not made stronger or were not discontinued until late in the process.

3 2. The Design Flaws The police have a monopoly on investigation, and for various reasons, do not do it that well in too many cases, whilst the prosecutors lack a monopoly of the prosecution function. Most jury trials are still out-sourced to the independent bar, which means that prosecutors do not develop the expertise to advice the police on how to build a strong case. A prosecutor learns what a good case looks like by trying cases in front of a jury.

4 3. To avoid getting lost in translation What is an investigation? The collection and analysis of information and evidence to determine, whether a crime was committed and, if so, what crime(s) by whom, against whom, with the ultimate purpose of proving guilt beyond a reasonable doubt (being sure).

5 4 When do investigations take place? Before ARREST Between charge and the end of the trial Between arrest and CHARGE

6 5 The weak links in every investigation system The police do not know what evidence is required to build a strong case because they are not responsible for trying cases They lose the will to gather evidence after charge.

7 6 U.S. (Manhattan) model Police and prosecutors share investigative powers. Much of what we regard as good American policing is actually good American prosecution. The only investigative unit in NYC with any information on Krueger and his operations was the small homicide investigating squad working out of the office of Manhattan District Attorney Robert Morgenthau. For years, with only fitful help from the NYPD, Morgenthau s team had been going after the drug syndicates.

8 7 George Z Medalie, former ADA, Manhattan DA s Office; U.S Attorney Southern District of NY; Justice, NYS Court of Appeals, 48 th Annual Conference of the American Bar Association, [The gangster] is many localities has a political value. He is a source of both legal and illegal voting in return for whatever favours politics may confer upon him, including extricating him from legal difficulties. If society is to be afforded a fighting chance to encompass the racket, it must organise a skilled investigating agency capable of long-sustained effort. Close cooperation and constant initiative by the prosecutor are indispensable. The better tradition frowns upon the prosecutor who expects his case to be served up to him on the proverbial silver platter. Under a single responsible head, the investigating and prosecuting units will naturally cooperate in the building of cases. Too often are we compelled to observe the sorry spectacle of indifference by police and prosecutors toward the other s activities.

9 8 Governor Lehman appoints Special Prosecutor to investigate organised crime and corrruption, 1935 NYC Mayor LaGuardia ordered Police Commissioner to give Special Prosecutor his pick of the NYPD to establish a special squad of 63 detectives. Special Prosecutor allowed to bypass civil service requirements to hire 20 lawyers, 10 investigators, 4 process servers, 4 clerks, 2 grand jury reporters, 19 stenographers, 2 phone operators and 4 messengers. Special Delivery, Governor

10 9 Special Prosecutor Thomas E Dewey, subsequently elected Manhattan DA

11 10 The Manhattan model, 2013 Investigation hard wired into all complex case work through specialist bureaus that use DA and NYPD investigative resources.. Special Victims Bureau Cybercrime and Identity Theft Bureau Forensic Sciences/Cold Case Unit Hate Crimes Unit Vehicular Crimes Unit Violent Criminal Enterprises Unit Public Assistance Fraud Unit Public Integrity Unit Major Economic Crimes The Rackets Bureau Official Corruption Bureau Asset Forfeiture Money Laundering and Tax Crimes Crime Strategies Unit

12 11 The Official Corruption Unit The Official Corruption Unit investigates and prosecutes New York City police officers and other uniformed public servants for perjury, bribe receiving, official misconduct, larceny, falsifying business records, and offenses involving the sale and possession of narcotics, etc. Assistant District Attorneys in the Unit conduct complex and challenging investigations which involve the proactive use of confidential informants, undercover law enforcement agents, and cooperating defendants. Assistants and DANY investigators assigned to the Official Corruption Unit conduct investigations in conjunction with police personnel assigned to the Internal Affairs Bureau of the New York City Police Department.

13 12 DA Investigative Resources Used to build cases from scratch, and also to close the gaps. NYPD DA Detective Squad now a small percent of the total DA investigative resource DA Investigators, full police powers, same training (Police Academy), but a staff job Analysts Forensic accountants Computer Forensic experts Paralegals