The Unethical Quest for ‘Successful Prosecutions’
The ABA’s Criminal Justice Standards for the Prosecution Function state:
“The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances. The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.”
Ignoring this ethical mandate, some prosecutors now support the use of “victim-centered,” “trauma-informed,” and “Start By Believing” methods because they remove the presumption of innocence, promote one-sided investigations, and support biased investigative reports. Prosecutors have a phrase that rationalizes the use of such unethical methods: “successful prosecution,” which of course means the suspect, innocent or not, is convicted of the crime.
Following are examples of such programs that justify their use because they support “successful prosecutions:”
- International Association of Chiefs of Police: Sexual Assault Incident Reports: Investigative Strategies https://www.theiacp.org/sites/default/files/all/s/SexualAssaultGuidelines.pdf
- “The goal of these guidelines is to support officers and departments in preparing sexual assault cases for successful prosecution through detailed case documentation and thorough investigations.”
- “Most victims experience continuing trauma which may affect their physical, emotional, social, and economic state of being.”
- University of Kansas: Trauma-Informed Sexual Assault Investigations:
- “This course will…help you understand how victim trauma can impact the response, investigation, and prosecution of sexual assault.” https://www.enrole.com/kupce/jsp/course.jsp?categoryId=10030&courseId=TISAI
- Michigan Sheriff’s Association: Comprehensive Sexual Assault Investigations from Victim Interview to Prosecution: Never Again a ‘He-said, She-said” https://mivan.org/2020/10/28/comprehensive-sexual-assault-investigations-from-victim-interview-to-prosecution-never-again-a-he-said-she-said/
- “how to write meaningful reports that enhance the likelihood of successful prosecution”
- Illinois Family Violence Coordinating Councils: Implementing a Trauma-Informed Approach to Sexual Assault for Illinois Law Enforcement
- The Sexual Assault Incident Procedure Act “was passed to encourage more sexual assault victims to come forward and increase the successful prosecution of sexual assault crimes throughout the state…. It will help explain why being trauma informed is crucial when interviewing victims of all violent crimes, including sexual assault.” http://www.icjia.state.il.us/ifvcc/ifvcc-news/implementing-a-trauma-informed-approach-to-sexual-assault-for-illinois-law-enforcement
- VAWnet: Addressing Trauma in DV/SA Investigations & Prosecutions:
- “the presenters will provide guidance for developing trauma-informed interview strategies that capture the evidence necessary to enable a successful prosecution.” https://vawnet.org/events/virtual-training-addressing-trauma-dvsa-investigations-prosecutions