Embed Size (px)
Citation preview
Prosecutor 101
MICHAEL W. MELITOOFFICE of the COLORADO ATTORNEY GENERALSPECIAL PROSECUTION UNITMay 8, 2012
WHAT’S THE POINT?
• Why prosecute crime?- Stop the conduct- Punishment- General deterrence- Specific deterrence- Enforce community expectations- Educate public- Protect Society
conduct
Criminal Charging Decisions
• Factors– Need for further
investigation– Nature of the Offender– Nature of the Offense– Motive– Traditional Crimes– Voluntary
Disclosure/Compliance
– Cooperation with law enforcement
– Preventative Measures Taken Subsequent
• Filed Directly with the Court– Statutory language– No facts
• Results in acquisition of Defendant to appear in court– Arrest– Summons
Charging by Information/Complaint
Pros/Cons of Information
• Pros
– Speed
– Flexibility
– Charging decisions made only by the prosecutorial team
• Cons
– Preliminary hearings
– Increases motion practice
Charging by Indictment
• Evidence presented to Grand Jury
• Indictment drafted for Grand Jury
• Deliberation to determine probable cause
• Upon finding of probable cause, filed with court
• Supervising court can order arrest and set bond amount
Pros/Cons of Indictment• Cons
– Requires presentation of case
– Indictments must contain facts relied upon to indict
– Grand Juries are juries
• Pros– No Preliminary Hearing
– True Bill (usually)
– Avoid allegations of malicious prosecution
– Lessens Motion Practice
– Evidentiary Rules
– Lack of Cross Examination
– Grand Juries are juries
• Investigations/Provide information for Search Warrants or Subpoenas◄
• Charging Methods-Complaint/Information/Grand Jury ◄
• Pre-trial Hearings/Evidentiary Hearings ◄
• Trial ◄
• Sentencing ◄
You Will be Involved in:
The Criminal Process
Ultimately the Prosecutor Needs Jury
Appeal• Give the case “APPEAL” (no pun intended)
– Law & Order, JAG, Alley McBeal, A Few Good Men– Traffic Court is not exciting– Exploding things are exciting
• Why should the jury care?
• Theme/Story/Motive
Goals of Prosecutors•Fairness
•Achieve Compliance with the Law
•Deter wrongful behavior
•Teach Public
•Create or foster Initiative
•Punish
•Other
• Contact the prosecutor to meet
• Review ALL relevant writings
• Know your issues and your piece of the puzzle
• “I don’t know”… is OK…
• Bobby Knight: “5P’s”
PREPARATION
• • Prosecutors are Prosecutors are actuallyactually nice nice peoplepeople
•• Counter your ANXIETYCounter your ANXIETY─ Thorough preparationThorough preparation─ Discuss weaknesses of your case Discuss weaknesses of your case ─ Show the hard work of your Show the hard work of your
company/agency to protect your company/agency to protect your company and/or the public company and/or the public
COMMON FINANCIAL CRIMES
1.Theft, § 18-4-401
2.Forgery, § 18-5-102
3.Attempt to Influence a Public Servant, § 18-8-306
4.Identity Theft, § 18-5-902
5.Tax Crimes (Evasion/Failure to Pay) § 39-21-118
6.Money Laundering § 18-5-309
7.Colorado Organized Crime Control Act,
§ 18-17-101 et seq.
WHERE TO FIND COCCA Cases?
W T F COCCA Cases?
Violation Of The Colorado Organized Crime Control Act—Participation In An
Enterprise
• 1. in the State of Colorado, at or about the date and placed charged,
• 2. while employed by, or associated with any enterprise,
• 3. knowingly,• 4. conducted or participated, directly or indirectly,
in such enterprise, through a pattern of racketeering activity.
Criminal Criminal EnterprisEnterprisee
AA
Criminal Behavior
Who are the targets?
“Bummer of a birthmark, Hal”– Gary Larson
THE COURTROOM
COMING TO COURT
• Check in• Sequestration• Refresh your recollection• Proper Conduct• Bring a book/Ipod
• Dress as a professional
• If your agency/company regularly wears a uniform, wear it
• Look like you have been to court before
• First impression key to your credibility
DRESSING FOR COURT
Discovery• Civil Discovery
– Work Product
– Attorney/Client
– Any other privileged material
• Criminal Discovery– Rule 16
– Work Product
– …but “Brady Material”
Government has the burden of proofGovernment has the burden of proof─ ─ Must prove guilt beyond a Must prove guilt beyond a reasonable doubtreasonable doubt
─ ─ ““. . . proof of such a convincing . . . proof of such a convincing character that, after consideration, character that, after consideration, you would be willing to rely and act you would be willing to rely and act upon it without hesitation in your upon it without hesitation in your important affairs. A defendant is important affairs. A defendant is never to be never to be convicted on mere on mere suspicion or conjecture.”suspicion or conjecture.”
POINTERS
• Discuss uncertainties• Mistakes will be made, keep an
open mind, we will…• Opinions vs. Fact… tell us
which • Be eager to do more
investigation when requested
• Let the Justice System do its job
─ Honesty
─ Track all Evidence
• It is not a game or a contest
Sentencing Options
• Incarceration
• Probation
• Fines
• Restitution
• Debarment (A civil action for defendants and corporate defendants)
• Other options
