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TARGETED PROSECUTION - THE CAREER CRIMINAL - ORLEANS PARISH, LOUISIANA

NCJ Number
55450
Author(s)
J S DAHMANN; J L LACY
Date Published
1977
Length
101 pages
Annotation
THIS CASE STUDY IN ORLEANS PARISH, LA., IS PART OF A NATIONAL EVALUATION OF THE LEAA CAREER CRIMINAL PROGRAM TO DETERMINE IF TARGETING RESOURCES ON THE PROSECUTION OF SERIOUS REPEAT OFFENDERS REDUCES LOCAL CRIME.
Abstract
TARGETED PROSECUTION IS THE ASSIGNMENT OF EXPERIENCED DEPUTIES TO DIRECT RESOURCES AND SPECIAL ATTENTION TO THE PROSECUTION AND CONVICTION OF A SMALL NUMBER OF DEFENDANTS. TARGETED PROSECUTION HAS BEEN ENCOURAGED BY LEAA'S PROGRAM TO EFFECT IMPROVEMENTS IN THE LOCAL PROSECUTION OF CAREER CRIMINALS. FUNDS ARE PROVIDED TO LOCAL PROSECUTORS TO IDENTIFY DEFENDANTS WHO APPEAR TO HAVE ESTABLISHED A CONSISTENT SERIOUS PATTERN OF CRIMINAL BEHAVIOR AND WHO ARE ASSUMED TO BE RESPONSIBLE FOR A SIZABLE AMOUNT OF CRIMINAL ACTIVITY. UNLIKE MANY JURISDICTIONS, THE STRUCTURE OF CRIMINAL JUSTICE ADMINISTRATION IN ORLEANS PARISH IS SIMPLE AND STRAIGHTFORWARD. COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM ARE LAW ENFORCEMENT (RESPONSIBILITY OF THE NEW ORLEANS POLICE DEPARTMENT), PROSECUTION OF STATE LAW OFFENSES (FELONIES AND MISDEMEANORS) BY THE DISTRICT ATTORNEY'S OFFICE, CRIMINAL DEFENSE OF INDIGENTS, COURT PROCESS FOR CRIMINAL MATTERS (JURISDICTIONALLY UNIFIED IN THE CRIMINAL DISTRICT COURT), AND CORRECTIONS (PERSONS SENTENCED TO TERMS OF UP TO 10 YEARS INCARCERATION IN THE LOCAL PRISON). NINE PRINCIPAL STEPS IN THE PROCESSING OF FELONY CASES ARE ARREST AND BOOKING BY THE POLICE DEPARTMENT, INITIAL APPEARANCE OF A DEFENDANT IN THE MAGISTRATE'S SECTION OF THE CRIMINAL DISTRICT COURT FOR BOND SETTING, PRELIMINARY EXAMINATION OF THE FELONY IN THE MAGISTRATE'S SECTION, DETERMINATION BY PROSECUTOR OF CHARGE, FILING OF BILL OF INFORMATION OR PRESENTATION TO AND HANDING UP OF INDICTMENT BY THE GRAND JURY, ARRAIGNMENT IN THE CRIMINAL DISTRICT COURT BASED ON INFORMATION OR INDICTMENT, PRETRIAL MOTIONS AND PLEADINGS, TRIAL, AND SENTENCING. FEATURES OF THE CRIMINAL JUSTICE SYSTEM AND ASPECTS OF PROSECUTION THAT AFFECT CAREER CRIMINALS ARE THE UNCOMPLICATED COURT PROCESS, THE SINGLE COURT SYSTEM, AND METHODS OF ROUTINE CASE MANAGEMENT EMPLOYED BY THE PROSECUTION THAT ARE AMENABLE TO THE SYSTEMATIC PRIORITIZATION OF CASES. CASES ARE IDENTIFIED AND REFERRED TO THE CAREER CRIMINAL BUREAU OF THE PARISH IN TWO WAYS: (1) THE ARRESTING, INVESTIGATING, OR BOOKING POLICE OFFICER RECOGNIZES A CASE AS MEETING CAREER CRIMINAL CRITERIA; OR (2) SCREENING IDENTIFIES A CASE AS ONE INVOLVING A CAREER CRIMINAL DURING CASE INTAKE. CAREER CRIMINAL PROSECUTION IS DISTINGUISHED FROM ROUTINE CRIMINAL PROSECUTION IN TERMS OF MORE EXPERIENCED ATTORNEYS, LOWER CASELOADS FOR ATTORNEY STAFF, EARLY AND ACTIVE INTERVENTION IN CASE PROSECUTION, CONTINUOUS CASE REPRESENTATION, AND PRIORITY IN DOCKETING. THE EFFECT OF DIFFERENT CAREER CRIMINAL PROSECUTION ACTIONS ON THE PROCESSING OF CAREER CRIMINALS AND CRIME LEVELS IN THE PARISH IS TO BE EXAMINED IN SUBSEQUENT STAGES OF THE NATIONAL EVALUATION. SUPPORTING TABLES AND FIGURES ARE INCLUDED. (DEP)