Presentation is loading. Please wait.

Presentation is loading. Please wait.

The Charging Function of the Prosecutor Dean Mary Galvin, Retired States Attorney Kevin T. Kane, Chief States Attorney Sentencing and Parole Review Task.

Similar presentations


Presentation on theme: "The Charging Function of the Prosecutor Dean Mary Galvin, Retired States Attorney Kevin T. Kane, Chief States Attorney Sentencing and Parole Review Task."— Presentation transcript:

1 The Charging Function of the Prosecutor Dean Mary Galvin, Retired States Attorney Kevin T. Kane, Chief States Attorney Sentencing and Parole Review Task Force

2 The Public Prosecutor Connecticut First by Statute Connecticut First by Statute Replaced Private ProsecutorsReplaced Private Prosecutors Responsibility to Do JusticeResponsibility to Do Justice

3

4 The Charging Function

5 3.8 Special Responsibilities Of the Prosecutor The prosecutor should exercise his/her discretion to file only those charges which he/she considers to be consistent with the interests of justice.

6 NDAA Prosecution Standards

7 NDAA Charging Standards Factors which may be considered in the charging decision include:

8 Factors to Consider a. The probability of conviction;a. The probability of conviction; b. The nature of the offense;b. The nature of the offense; c. The characteristics of the offender;c. The characteristics of the offender; d. Possible deterrent value of prosecution to the offender and society in general;d. Possible deterrent value of prosecution to the offender and society in general;

9 Factors to Consider e. Likelihood of prosecution by another criminal justice authority;e. Likelihood of prosecution by another criminal justice authority; f. The willingness of the offender to cooperate with law enforcement;f. The willingness of the offender to cooperate with law enforcement; g. Aid to other criminal justice goals through non-prosecution;g. Aid to other criminal justice goals through non-prosecution; h. The interests of the victim;h. The interests of the victim;

10 Factors to Consider i. Possible improper motives of a victim or witness;i. Possible improper motives of a victim or witness; j. The availability of adequate civil remedies;j. The availability of adequate civil remedies; k. The age of the offense;k. The age of the offense; l. Undue hardship caused to the accused;l. Undue hardship caused to the accused;

11 Factors to Consider m. A history of non-enforcement of a statute;m. A history of non-enforcement of a statute; n. Excessive cost of prosecution in relation to the seriousness of the offense;n. Excessive cost of prosecution in relation to the seriousness of the offense; o. Recommendations of the involved law enforcement agency;o. Recommendations of the involved law enforcement agency;

12 Factors to Consider p. The expressed desire of an offender to release potential civil claims against victims, witnesses, law enforcement agencies and their personnel, and the prosecutor and his personnel, where such desire is expressed after the opportunity to obtain advice from counsel and is knowing and voluntary; andp. The expressed desire of an offender to release potential civil claims against victims, witnesses, law enforcement agencies and their personnel, and the prosecutor and his personnel, where such desire is expressed after the opportunity to obtain advice from counsel and is knowing and voluntary; and q. Any mitigating circumstances.q. Any mitigating circumstances.

13 Diversionary Programs

14 Designed to suspend prosecutionDesigned to suspend prosecution Require education, treatment, community service, or other programsRequire education, treatment, community service, or other programs Which, if completed successfully, will result in the suspension of the chargesWhich, if completed successfully, will result in the suspension of the charges

15 Alcohol Education Program (AEP) Operation of a vehicle or vessel under the influenceOperation of a vehicle or vessel under the influence Operation by a person under age 20 in which the BAC is above.02Operation by a person under age 20 in which the BAC is above.02 With no past MV Felonies or DUIWith no past MV Felonies or DUI

16 Accelerated Rehabilitation (AR) For 1 st offenders on non-serious offensesFor 1 st offenders on non-serious offenses Cannot be used for:Cannot be used for: - A or B Felony, except larceny - Certain C Felonies - DUI - Any crime or MV violation resulting in the death of another

17 Community Service Labor Program (CSLP) For drug offenders who have minimal or no prior drug convictions for possession offensesFor drug offenders who have minimal or no prior drug convictions for possession offenses

18 Drug and Alcohol Dependency (Suspension of Prosecution) For substance dependent defendants who are likely to benefit from treatmentFor substance dependent defendants who are likely to benefit from treatment

19 Drug Education Program To provide education on less serious drug offensesTo provide education on less serious drug offenses

20 Family Violence Education Program (FVEP) To provide treatment for family violence involving physical harm or threat of physical harm where the defendant is charged with D felonyTo provide treatment for family violence involving physical harm or threat of physical harm where the defendant is charged with D felony Cannot be use for class A, B, or C feloniesCannot be use for class A, B, or C felonies

21 School Violence Prevention Program (SVPP) For secondary school students with the use or threat of physical violence on school propertyFor secondary school students with the use or threat of physical violence on school property

22 Youthful Offender Program (YO) For people aged 16 and 17 to avoid a record of convictionFor people aged 16 and 17 to avoid a record of conviction Closed CourtroomClosed Courtroom

23 Persistent Offender Statutes

24 Authorized Felony Sentences Class AClass A - Murder 25 to life (60) - All others 10 to 25 Class BClass B - 53a-55a 5 to 40 - All others 1 to 20 *except for 5 specified crimes where it is 50 to 20

25 Authorized Felony Sentences Class CClass C - Most are 1 to 10 *except for section 53a-56a which is 3 to 10 Class DClass D - Most are 1 to 5 *except for specified offenses where it is 3 to 5 and 53a-216 where it is 5 UnclassifiedUnclassified - In accordance with statute defining the crime

26 Persistent Dangerous Felony Offender 53a-40 Sentence enhancement:Sentence enhancement: - Not more than 40 years, or if two priors not more than life imprisonment

27 Persistent Dangerous Sexual Offender 53a-40 Sentence enhancement:Sentence enhancement: - A sentence of imprisonment and special parole which together constitute a life sentence

28 Persistent Serious Felony Offender 53a-40 Sentence enhancement:Sentence enhancement: - A sentence of imprisonment for the next more serious degree of felony

29 Persistent Serious Sexual Offender 53a-40 Sentence enhancement:Sentence enhancement: - A sentence of imprisonment and special parole which together constitute a maximum sentence for the next more serious degree of felony

30 Persistent Larceny Offender 53a-40 Sentence enhancement:Sentence enhancement: - A sentence for a class D felony (5 years)

31 Persistent Felony Offender 53a-40 Sentence enhancement:Sentence enhancement: - A sentence of imprisonment for the next more serious degree of felony and at least 3 years to serve and 3 years of sentence may not be suspended or reduced by court

32 Persistent Offender of Crimes Involving Bigotry or Bias 53a-40a Sentence enhancement:Sentence enhancement: - A sentence of imprisonment for the next more serious degree of misdemeanor (for a class A misdemeanor a sentence for a class D felony)

33 Persistent Offender of Crimes Involving Stalking, Trespass, Threatening, Harassment, Violation of a Protective Order or a Restraining Order 53a-40d Sentence enhancement:Sentence enhancement: - A sentence of imprisonment for the next more serious degree of felony and at least 3 years to serve and 3 years of sentence may not be suspended or reduced by court

34 Persistent Operating while Under the Influence- Felony Offender 53a-40f Sentence enhancement:Sentence enhancement: - A sentence of imprisonment for the next more serious degree of felony

35 Mandatory Minimums

36 Jessicas Law Jessicas Law establishes new sentences for sex offenses against children under 13 years of age;

37 Jessicas Law A new class A felony of aggravated sexual assault of a minor (victim under 13 years of age), with a mandatory minimum term of imprisonment of 25 years for a first offense, 50 years for any subsequent offense;A new class A felony of aggravated sexual assault of a minor (victim under 13 years of age), with a mandatory minimum term of imprisonment of 25 years for a first offense, 50 years for any subsequent offense;

38 Jessicas Law A MM of 5 years imprisonment for Risk of Injury to a Minor (section 53 21) if the victim is under thirteen years of age;A MM of 5 years imprisonment for Risk of Injury to a Minor (section 53 21) if the victim is under thirteen years of age;

39 Jessicas Law The felony of enticing a minor (section 53a 90) is a class B felony if the victim is under 13 years of age, with a MM term of imprisonment of 5 years for a first offense and 10 years for a subsequent offense.The felony of enticing a minor (section 53a 90) is a class B felony if the victim is under 13 years of age, with a MM term of imprisonment of 5 years for a first offense and 10 years for a subsequent offense.

40 Jessicas Law Employing a minor in an obscene performance (section 53a 196a) is a class A felony with a MM term of imprisonment of 10 years.Employing a minor in an obscene performance (section 53a 196a) is a class A felony with a MM term of imprisonment of 10 years.

41 Jessicas Law Importing child pornography (section 53a 196c) and first degree possession of child pornography (section 53a 196d), both class B felonies, now each carry a MM term of imprisonment of 5 years.Importing child pornography (section 53a 196c) and first degree possession of child pornography (section 53a 196d), both class B felonies, now each carry a MM term of imprisonment of 5 years.

42 Jessicas Law Possession of child pornography in the second degree, a class C felony, now has a MM term of imprisonment of 2 years.Possession of child pornography in the second degree, a class C felony, now has a MM term of imprisonment of 2 years.

43 Jessicas Law Possession of child pornography in the third degree, a class D felony, now carries a MM term of imprisonment of one year.Possession of child pornography in the third degree, a class D felony, now carries a MM term of imprisonment of one year.

44 BurglaryBurglary 1 st degree with a deadly weapon, explosive or dangerous instrument 53a-1011 st degree with a deadly weapon, explosive or dangerous instrument 53a years 2 nd degree with a firearm 53a-102a2 nd degree with a firearm 53a-102a - 1 year 3 rd degree with a firearm 53a-103a3 rd degree with a firearm 53a-103a - 1 year

45 AssaultAssault 1 st degree 53a-591 st degree 53a years if a deadly or dangerous instrument is used - 10 years if the victim is under 10 or a witness 1 st degree of the elderly, blind, disabled, pregnant or mentally retarded 53a-59a1 st degree of the elderly, blind, disabled, pregnant or mentally retarded 53a-59a - 5 years

46 AssaultAssault 2 nd degree with a firearm 53a-60a2 nd degree with a firearm 53a-60a - 1 year 2 nd degree of the elderly, blind, disabled, pregnant or mentally retarded 53a-60b2 nd degree of the elderly, blind, disabled, pregnant or mentally retarded 53a-60b - 2 years 2 nd degree with a firearm of the elderly, blind, disabled, pregnant or mentally retarded 53a-60c2 nd degree with a firearm of the elderly, blind, disabled, pregnant or mentally retarded 53a-60c - 3 years

47 The Charging Function Difficult and ComplicatedDifficult and Complicated Requires Legal Experience and TrainingRequires Legal Experience and Training Impacts Victims, Convictions, Sentencing, and ReleaseImpacts Victims, Convictions, Sentencing, and Release

48 DOC- July 1, 2007 Statistics Incarcerated Sentenced Population Top Ten Offenses VOP or CD 1,957 Sale Hall./Narc. 1,706 Poss. of Narcotics 771 Robbery 1 st 762 Murder538

49 Assault 1 st 518 Burglary 3 rd 490 Conspiracy457 Sexual Assault 1 st 454 Criminal Attempt 399 DOC- July 1, 2007 Statistics Incarcerated Sentenced Population Top Ten Offenses

50 "[The prosecutor] is in a peculiar and very definite sense the servant of the law... It is as much his duty to refrain from improper methods... as to use every legitimate means to bring about a just [conviction]." Berger v. United States, 295 U.S. 78 (1935)


Download ppt "The Charging Function of the Prosecutor Dean Mary Galvin, Retired States Attorney Kevin T. Kane, Chief States Attorney Sentencing and Parole Review Task."

Similar presentations


Ads by Google