Department of Law FY18 Criminal Division 02/13/17 John Skidmore Criminal Division Director James Scott Juneau District Attorney

“Prosecute all cases involving violation of state law…” Criminal Division 02/13/17 “Prosecute all cases involving violation of state law…” See AS 44.23.020(4)(b)

FY14-FY17 Criminal Budget 02/13/17

Impacts of Budget Cuts on Services 02/13/17 Capacity to prosecute misdemeanors is down 33% or 6,863 from 2013 Capacity for felony prosecutions down 3% or 187 4

The Duty of a Prosecutor 02/13/17 The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. -Canons of professional ethics: Canon 5. American Bar Association (1908). The prosecutor may prosecute with earnestness and vigor – indeed he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one. -Justice George Southerland, Berger v. United States, 295 U.S. 78, 88 (1935).

Stages of a Criminal Prosecution 02/13/17 Investigation Informal Referral Formal Referral Screening Pretrial Litigation Pretrial Resolution Trial Post Trial Litigation It is the duty and obligation of the District Attorney to ensure that citizen’s constitutional rights are safeguarded at every step of the criminal prosecution.

Investigation Scene View Advise on legal and constitutional issues 02/13/17 Scene View Advise on legal and constitutional issues Search Warrant Applications

Informal Referral Domestic Violence Charging Decisions 02/13/17 Domestic Violence Charging Decisions Arrest decisions

Formal Referral Creation of the file Legal/factual analysis 02/13/17 Creation of the file Legal/factual analysis Victim contact Charged Case Clerical/administrative obligations Grand Jury Practice Uncharged Case Clerical/administrative tasks

Pre-Trial Litigation Arraignment Bail Hearings Discovery 02/13/17 Arraignment Bail Hearings Discovery Pretrial Motion Practice

Pre-Trial Motions Suppress and Dismiss Challenges to Indictment 02/13/17 Suppress and Dismiss Challenges to Indictment In Limine Petitions for review ____________________________________________________________ Clerical Obligations Evidentiary Hearings Pretrial litigation ensures that the evidence admitted at trial violates neither the defendants rights, nor those of the victim.

Pre-Trial Resolutions 02/13/17 “The disposition of criminal charges by agreement between the prosecutor and the accused…is an essential component of the administration of justice. Properly administered, it is to be encouraged. If every criminal charge were subjected to a full-scale trial, the States and the Federal Government would need to multiply by many times the number of judges and court facilities.” -Chief Justice Warren Burger, Santobello v. New York, 404 U.S. 257 (1971).

Trial Preparation Reviewing and organizing evidence 02/13/17 Reviewing and organizing evidence Victim / witness contact, travel, accommodations Creating and organizing exhibits Researching and drafting jury instructions

Trial Jury Selection Opening statement and case-in-chief 02/13/17 Jury Selection Opening statement and case-in-chief Rebuttal and closing statement ______________________________ Witness and exhibit coordination Mid-trial motion practice

Sentencing Sentencing Memoranda, Argument Presentation of evidence 02/13/17 Sentencing Memoranda, Argument Presentation of evidence Victim participation Restitution litigation

Post-Trial Litigation 02/13/17 Motions for a new trial Appeals – Merit / Sentence Post Conviction review Writs of Habeas Corpus

-Adam Smith, The Wealth of Nations (1776). “Justice, however, never was in reality administered gratis in any country.” -Adam Smith, The Wealth of Nations (1776). 02/13/17