Community Gun Violence Prosecution Update
Violent crime increased in 2001 for the first time in a decade, according to a recently released FBI report. The numbers of murders increased 2.5% nationally over 2002, and firearms were the primary weapon of choice to facilitate these murders.
APRI continues its work to equip prosecutors with skills and strategies to combat gun violence. Between May and October 2002, APRI conducted five trainings on Fundamentals of Firearms Prosecutions, at the Ernest F. Hollings National Advocacy Center, in Columbia, South Carolina, reaching nearly 300 prosecutors and faculty members from jurisdictions across America. These courses were funded by Department of Justice-Bureau of Justice Assistance and supported by Project Safe Neighborhoods.
Currently, APRI is developing a new course which will build on the “Fundamentals” course by focusing on the development, implementation and evaluation of community gun violence prosecution initiatives. It is anticipated this course will be offered four times next year and train over 400 prosecutors. Theses courses will particularly emphasize the important role of the community in designing and implementing successful gun violence reduction strategies.
Additionally, APRI has written a second monograph, Combating Gun Violence: Promising Practices for America’s Prosecutors, which reviews successful practices and strategies used in a number of communities nationally. This monograph will be published in November and will also be available on APRI’s website.
APRI continues to partner with the U.S. Department of Justice, the Bureau of Alcohol, Tobacco and Firearms, the National Crime Prevention Council, and the International Association of Chiefs of Police to offer “Project Safe Neighborhoods Enforcement Training,” a three-day course geared to increase successful firearms interdiction and prosecution through a multi-disciplinary perspective. The next course will be offered in Cleveland, Ohio in December.
APRI also participates in the “Project Safe Neighborhoods Strategic Problem Solving Training.” This two-day course is designed to assist researchers in collecting crime data which prosecutors and law enforcement will use to develop effective strategies to reduce gun violence in their communities. This course will be offered in Destin, FL in November and Los Angeles in December.
Watch APRI’s website for announcements of the dates and locations of future trainings.
Prosecutor Cross-Designation
By Stephane Latour,
Special Assistant U.S. Attorney, Philadelphia District Attorney’s Office
Title 28 U.S.C. Section 543 gives the Attorney General the authority to appoint local prosecutors as Special Assistant United States Attorneys. Time limits for appointments are discretionary, and are generally set by the Executive Office for United States Attorneys. The SAUSA has all the power and authority of an assistant U.S. attorney, and is charged with prosecuting offenses against the United States.
In this capacity, the SAUSA screens local cases appropriate for federal adoption, prosecutes those cases federally, and acts as a liaison between the prosecutor’s office and the United States attorney’s office. Cases typically accepted for federal prosecution are those where an analogous or relevant federal law exists to charge the offender.
Under Project Safe Neighborhoods, illegal gun possession cases are reviewed for federal prosecution. Not every gun case can be federally prosecuted, however. It is the role of the SAUSA to review each case and determine which jurisdiction is better suited to prosecute. Among the factors taken into consideration are: 1) strength of the case, 2) criminal history of the offender, 3) detention of the offender, and 4) the possible sentence the offender may receive. Cases typically prosecuted federally are those involving repeat offenders. These offenders are classified as “Armed Career Criminals,” if they have two or more convictions for either a crime of violence or drugs.
Once jurisdiction is decided, there are three methods through which a case may enter the system. The primary tool is the grand jury, which is an investigative as well as a charging body. It is the duty of the SAUSA to present evidence to the grand jury for it to make a determination of probable cause. If the grand jury determines that probable cause exists, it indicts the offender.
An information is the second method, used in cases not punishable by more than one year in prison. If punishment exceeds one year, this method may be used if the defendant agrees to waive formal indictment by the grand jury. The final method is by way of complaint and warrant. Here, a magistrate judge makes an initial determination of probable cause, but does not supplant the grand jury’s responsibility of making the final determination. Once in the system, the case proceeds until its final outcome by way of trial or non-trial disposition.
Prosecuting a case federally has several advantages. First, the federal government has resources not typically available at the local level. If a case needs further investigation, the various federal agencies have the means and time to do so. Secondly, the grand jury can use its powers to subpoena records or compel testimony from witnesses. Also, detaining repeat offenders prior to trial is much easier due to the presumption that these offenders are a danger to the community or a flight risk. Finally, the sentencing guidelines and mandatory minimums for illegal gun possession cases are more severe and as such, encourage guilty pleas and cooperation from the offenders.
This stated, the job of the SAUSA is not without conflict. The SAUSA answers to two offices, and must remember to balance the interests of both in ensuring the proper disposition of the case. Notwithstanding this dilemma, SAUSAs are rewarded every day. The ability to practice in both forums—working with federal agencies, overseeing investigations and seeing the fruits of their hard work when career offenders are properly sentenced—make this unique job fulfilling.
Community Outreach—”Operation Cease-Fire”
By Phil Archer,
Assistant State’s Attorney, Titusville, FL
Norman Wolfinger, State Attorney for the Eighteenth Judicial Circuit, Brevard and Seminole Counties, Florida, believes strongly that community outreach is perhaps the most important element in the success of a gun violence program. Community outreach and public awareness are cornerstones of the program begun under State Attorney Wolfinger and given the name “Operation Cease-Fire.” Mr. Wolfinger has challenged his team to create and implement effective strategies that will communicate to the community—and, more importantly, to potential offenders—the message that gun violence will not be tolerated.
Team members have recently begun to implement two new promising strategies under Operation Cease-Fire. First, “strike force” teams are being organized that will respond to a neighborhood or other area within 24 hours of a firearm incident. The team will go door to door, handing out flyers providing brief information about the incident. In addition, these flyers will contain the Operation Cease-Fire logo, the slogan “Federal Time for Gun Crime,” a statement about Operation Cease-Fire coming to the jurisdiction, and several telephone numbers to provide tips on the crime or to request more information about Operation Cease-Fire.
This strategy serves several purposes. First, it lets the community and potential offenders know about the program. Going door to door allows the team member to introduce the program and answer questions while the topic is immediately salient. Further, it sends a message that acts of gun violence will trigger a response from Operation Cease-Fire and lead to heightened scrutiny of the area. The team can directly assure neighborhood residents that action is being taken and that such acts of gun violence will not be tolerated.
Another strategy is alerting the community to the program’s successes. For example, three of the first defendants indicted under Operation Cease-Fire recently pled to federal charges less than 60 days from the date the federal authorities took custody.
—far less time than it usually takes in the state system, which frequently allows defendants to be out on bond committing other crimes. To get the word out, the team printed 200 flyers with the defendants’ names and information about how quickly the system worked, along with the Operation Cease-fire logo, and information numbers. In bold letters was displayed the slogan, “Federal Time for Gun Crime.” These brochures were distributed in areas where defendants lived or visited.
It is also important to let local law enforcement know about the program’s success. A separate congratulatory flyer was created for law enforcement partners, and the team made sure every officer received one. Plans are to send out this type of information every time there is a successful event with the program to keep the community informed. When law enforcement and community partners know that the program works, they are much more likely to become involved.
PSN National Conference
Join us at the Project Safe Neighborhoods National Conference, January 30 – February 1, 2003, in Philadelphia. President George Bush and Attorney General John Ashcroft are invited to address the conference. This conference will enable PSN partners from all facets of gun crime reduction to meet and learn from each other, and APRI will be teaching several workshops. For further details about the conference, contact the GVP at (703) 518-4394.
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