NCJ Number
58976
Date Published
1977
Length
48 pages
Annotation
RECOMMENDATIONS FOR IMPROVING THE PRETRIAL EFFECTIVENESS OF THE SPECIAL PROSECUTIONS DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL OF NEW MEXICO, AS DEVELOPED BY A CONSULTANT, ARE PRESENTED.
Abstract
THREE AREAS WERE EVALUATED INCLUDING CASE SELECTION FOR PROSECUTION, CASE EVALUATION FOR PROSECUTION, AND JURY SELECTION IN POLITICAL CORRUPTION CASES. THE REPORT REPRRESENTS THE CONCLUSIONS OF THE CONSULTANT BASED UPON HIS WORK FOR THE PERIOD MAY THROUGH SEPTEMBER, 1977. IT IS RECOMMENDED THAT THE PRESENT PROFESSIONAL STAFF BE EXPANDED BY ONE FULL-TIME ATTORNEY AND LAW STUDENT AIDS, A MEMBER OF THE CLERICAL STAFF BE TRAINED AS A 'COMPLAINT SPECIALIST', AND A FORM BE DEVELOPED TO ENSURE THAT ALL PERTINENT INFORMATION IS OBTAINED BY THE COMPLAINT SPECIALIST. THE ATTORNEY GENERAL SHOULD INITIATE SESSIONS WITH OTHER APPROPRIATE AGENCIES FOCUSING ON SOURCES OF WIDESPREAD OR INADEQUATE COMPLIANCE WHICH FREQUENTLY GIVE RISE TO ALLEGED VIOLATIONS AND COMPLAINTS. WHEN AN INVESTIGATION HAS REACHED THE STAGE WHERE A DECISION MUST BE MADE WHETHER CHARGES SHOULD ACTUALLY BE FILED BY THE DIVISION, IT SHOULD BE SUBJECTED TO INTERNAL EVALUATION IN THE ATTORNEY GENERAL'S OFFICE, AS IS THE PRESENT PROCEDURE. IN ADDITION, SPECIFIC WRITTEN CRITERIA SHOULD BE ESTABLISHED BY THE OFFICE FOR ITS OWN INTERNAL GUIDANCE IN EVALUATING SUCH CASES. IF IT IS DETERMINED THAT PROSECUTION IS WARRANTED, THE CASE SHOULD BE CRITIQUED BY AN ATTORNEY OF ANOTHER DIVISION AS IF HE WERE A DEFENSE LAWYER PLANNING TO DEFEND THE ACCUSED; AREAS REQUIRING FURTHER INVESTIGATION WOULD THUS BE IDENTIFIED AT AN EARLY STAGE. FINALLY, SCIENTIFIC JURY SELECTION TECHNIQUES IMPLEMENTING THE USE OF MATHEMATICAL MODELS ARE RECOMMENDED. APPENDIX AND FOOTNOTE REFERENCES INCLUDED. (LWM)