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Case for Proactive Prosecution

NCJ Number
139243
Journal
Criminal Justice Journal Volume: 13 Issue: 2 Dated: (Spring 1992) Pages: 389-397
Author(s)
W A Williams
Date Published
1992
Length
9 pages
Annotation
The combination of vertical prosecution and proactive prosecution in the Gang Prosecution Unit of the San Diego County (Calif.) District Attorney's Office represents a national model in the efforts to rapidly identify, prosecute, and remove perpetrators of gang violence from the community.
Abstract
The effort is part of the State's Gang Violence Suppression Program, which was established in 1981 by the California legislature. The law requires that the caseloads for investigators and prosecutors assigned to gang-related cases be significantly lower than the standard office caseload for felony cases to allow for the necessary depth of investigation and witness protection services. The gang unit uses vertical prosecution, in that the prosecutor who does the initial filing or makes the initial court appearance in a gang-related case makes all subsequent court appearances in the case until its conclusion. In San Diego, prosecutors go into the field alongside police officers to aid in gathering intelligence, pursuing gang suppression, and conducting case investigation. The prosecutors involved in this field work are able to successfully gather, assemble, and present the facts. The advantages of this approach outweigh any disadvantages, but it may disappear due to fears of civil liability for acts performed outside the traditional courtroom setting. Footnotes

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