Virginia Association of Commonwealth’s Attorneys Committee on Justice and Professionalism Overview

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The Committee: The Virginia Association of Commonwealth’s Attorneys (VACA) Committee on Justice and Professionalism, established in September of 2014, serves as a forum for Virginia prosecutors to share information, collaborate on case reviews, remain current on legal and investigative trends, and avoid erroneous convictions. Committee members include elected Commonwealth’s Attorneys and deputies from a diverse range of counties and cities throughout Virginia. The committee had initially been funded in part by a grant from the Bureau of Justice Assistance, and now is supported by VACA.

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Getting the Word Out

Newsletters and Annual Reports

One way prosecutors can get the word out about what they do and how they serve their communities is through newsletters and annual reports. Here are a few examples from prosecutors around the country.

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North Carolina Conference of District Attorneys (NCCDA)

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The Committee: Established in 2013, the NCCDA Best Practices Committee includes both elected district attorneys and senior assistant district attorneys, who represent a diverse collection of the state’s districts. The committee recommends procedures that enhance the truth-seeking function critical to all investigations and prosecutions; analyzes ethical issues and generates updates for prosecutors on cases and rules that affect the ethical obligations of prosecutors; and develops efficient and effective management procedures and guidelines for the processing of certain case types and issues.

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Kansas County & District Attorneys Association’s Best Practices Committee Overview

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The Committee: The KCDAA’s Best Practices Committee has 20 members, both elected district attorneys and assistant prosecutors representing small, medium and large jurisdictions from different parts of the state. The committee meets in person at least four times per year and corresponds over email or by conference calls in the intervening months. For an overview of the committee, click here.

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We Need Examples of Cases Hindered By “Going Dark”

Encryption of smartphones and other digital media has thwarted law enforcement’s ability to keep communities safe. Even with a lawfully issued search warrant, the information requested cannot be accessed from encrypted phones. This loss of evidence is referred to as “Going Dark.”

To demonstrate the real dangers of Going Dark, we need to hear about your affected cases. Helpful examples include cases where evidence in a smart phone is unattainable due to encryption, but could have been critical in solving cases such as a homicide, a robbery, a lost child, or a terrorist attack.

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Jury Instructions v. Expert Testimony

New Study: Expanded Eyewitness Jury Instruction Makes Jurors Suspicious of Any Eyewitness — Even in Strong Cases

Defense attorneys are increasingly seeking expanded jury instructions on the reliability of eyewitnesses in lieu of calling a defense expert. A recent study in New Jersey has demonstrated that jurors who received these instructions “indiscriminately discounted ‘weak’ and ‘strong’ testimony in equal measure.”

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‘Making a Murderer’ and the Ethics of a Private Investigative Project

“Making a Murderer” has triggered much discussion about the criminal justice system.  However, it has also raised questions about the ethics of investigative reporting. The recent New Yorker article below makes the point that “a private investigative project, bound by no rules of procedure, is answerable only to ratings and the ethics of its makers.”

Dead Certainty, How ‘Making a Murderer’ Goes Wrong, The New Yorker (1/25/16) Read

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