Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
55033439
label
Community Prosecuting
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
55033439
sourceUrl
contentType
document
title
Community Prosecuting
citationUrl
collections
Records of the Domestic Policy Council (Clinton Administration)
Tom Freedman's Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
55033439
levelOfDescription
fileUnit
otherTitles
42-t-7367475-20150274S-007-008-2017
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
2bf398deee545a95
ocrText
criminal justice processes as a means of problem-solving,
approach developed by Marion County, Ind., Prosecutor
a trend that only accelerated during the 20th century.
Scott Newman that places assistant district attorneys di-
This pattern finally appears to have run its course.
rectly in selected Indianapolis neighborhood police sta-
Today, the watchword is "community prosecution," a
tions. In that program, street-level prosecutors collabo-
new set of strategies developed and practiced by Democ-
rate closely with community police officers and citizens.
ratic and Republican prosecutors alike in cities across
They have done everything from closing down crack
America. Taking its cue from community policing, com-
houses to teaching "Legal Lives" courses to neighbor-
munity prosecution emphasizes crime prevention as
hood fifth-graders.
well as enforcement, and attention to quality-of-life is-
Elsewhere in America, Travis County, Texas, District
sues as well as violent crime.
Attorney Ronald Earle has taken the lead in creating the
Community prosecutors act on the authority of the
Community Justice Program, a set of countywide insti-
community: They listen to the priorities voiced by citi-
tutions that plan and coordinate crime prevention, treat-
zens themselves and tailor prosecution accordingly. They
ment, and law enforcement activities. In addition, Earle
also work beyond the narrow bounds of prosecution, tak-
also has formed Neighborhood Conference Committees,
ing the lead in building public safety coalitions that in-
panels of trained citizen volunteers who hear selected
volve police and other criminal justice agencies, elected
cases involving neighborhood juveniles. Working close-
officials, community groups, local businesses, schools,
ly with the juveniles' parents, the committees write con-
churches, and residents. These networks often identify or
tracts that may require an offender, for example, to make
provide alternatives to incarceration when it is appropri-
restitution or work with a mentor. Finally, adopting a
ate for the offender and community alike, such as sub-
basic restorative justice approach, Earle secured passage
stance-abuse treatment, mediation, restitution, or com-
of a state law that authorized the creation of Community
munity service. But don't mistake this openness to
Justice Centers to house low-level offenders sentenced to
rehabilitation and swift punishment short of imprison-
a period of incarceration. Only recently opened, the
ment as another example of softness on crime. Communi-
Travis County center offers a comprehensive program to
ty prosecutors can and do aggressively prosecute habitu-
help reintegrate local offenders into the community
al offenders and perpetrators of violent crimes.
upon release.
In Jackson County, Mo., Prosecutor Claire McCaskill
Community Prosecution in Action
oversees a comprehensive anti-drug program known as
COMBAT that has prevention, treatment, and law en-
In Boston, community prosecution takes various forms.
forcement components. She also recently helped start an
Suffolk County District Attorney Ralph Martin, a
anti-truancy program that both provides families with
Republican, and Massachusetts Attorney General Scott
help and, significantly, attempts to develop greater lev-
Harshbarger, a Democrat, have jointly created several
els of accountability and responsibility among parents.
Safe Neighborhood Initiatives, which base community
These and other community prosecution efforts are
prosecutors like David Coffey in targeted neighbor-
making a difference. They are breaking down barriers
hoods. The prosecutors get to know their assigned com-
between law-abiding citizens and their government that
munities' residents and crime problems well. They meet
have built up over decades, and they are imbuing those
regularly with crime watch groups, neighborhood asso-
citizens with a sense of responsibility for maintaining
ciations, and citizen advisory councils. They also work
safety in their own neighborhoods-a change that will
with police, corrections, and probation officials on
do more good for our cities in the long run than any ac-
everything from sting operations and warrant sweeps,
tions by police or prosecutors.
to mediation services, safety education for the elderly,
Without prosecutors on board, the reductions in
youth activities, and alcohol abuse programs targeted at
crime that are now occurring around the country cannot
liquor stores. The results are convincing: In East Boston,
be sustained. But with their leadership and involvement,
for example, crime is down (18 percent in 1996), prose-
we may yet see the full extent of what can be achieved to
cution rates are up (nearly 90 percent of offenders arrest-
restore order and reduce crime in our neighborhoods.
ed last year through the Safe Neighborhood Initiative
were prosecuted), and residents and merchants say the
streets are safer.
The Safe Neighborhoods Initiative isn't the only ex-
Catherine Coles is co-author with George Kelling of Fixing
ample of community prosecution in Boston. In the Com-
Broken Windows (The Free Press, 1996). An urban anthro-
munity Based Juvenile Justice Program, prosecutors con-
pologist, lawyer, and research associate at Harvard
fer with middle school and high school officials to
University's Kennedy School of Government, she is complet-
identify and assist youth at risk to themselves. These
ing a National Institute of Justice study of community-based
same prosecutors are active in the courtroom, prosecut-
prosecution and policing in Austin, Texas; Boston;
ing more resistant juvenile offenders to protect other stu-
Indianapolis; and Kansas City, Mo. A shorter version of this
dents and the community. Boston also plans to adopt an
article originally appeared in the Boston Sunday Herald.
THE NEW DEMOCRAT
21
ESSAYS AND COMMENT
STREET FIGHTING MAN
In Courts and D.A.'s Offices, "Community Prosecution" Is the New Watchword
BY CATHERINE COLES
C
rime in Boston is dropping at a
worked shoulder-to-shoulder with
remarkable rate. Violent crime
them on Friday and Saturday nights,
by juveniles has declined by 80
not just in the courtroom but on the
percent since 1990, and not a single
streets and in the local police station.
youth was murdered with a firearm
during 1996. Much of the credit, of
Reversing Decades of Citizen
course, goes to the Boston Police De-
Alienation
partment, which is earning national
and international praise for the cre-
Community-based, problem-oriented
ative crime-prevention partnerships it
prosecution is taking its rightful place
is forging with neighborhoods and
alongside community policing as a
community groups. It's quite a turn-
powerful force in crime prevention
about: Just four years ago, a blue-rib-
and reduction. Prosecutors possess
bon citizens commission was excoriating the department
legal knowledge required by police and citizens. They
for failing to plan and implement "community policing"
have access to judges and courts, and they carry the ball
strategies, which recast the police officer's role as some-
beyond the arrest stage, whether it be in prosecuting
one who works with a neighborhood's residents to pre-
quality-of-life offenses or violent crimes. Moreover, be-
vent crime, rather than someone who simply reacts to it
cause they are elected, prosecutors are the only criminal
after the fact.
justice officials directly accountable to the public.
As noteworthy as the department's achievements are,
The community prosecution movement is reconnect-
however, something even more dramatic is happening
ing law-abiding citizens with criminal justice processes
in Boston: A parallel, silent revolution is also occurring
from which they have become increasingly alienated in
in prosecution.
recent years. As was true for police, prosecutors' adop-
Just as police have returned to a community model of
tion of a problem-solving approach that seeks to prevent
policing, so too are prosecutors moving out of their of-
crime and improve the quality of life in neighbor-
fices and courtrooms and into the streets. For example,
hoods-as opposed to one that concentrates solely on
on the May 1995 weekend when Boston metropolitan,
processing crimes already committed-represents a re-
transit, and housing police staged their first joint "zero
turn to historical roots.
tolerance" sweep in East Boston focused on "quality of
Historian Allen Steinberg provides rich accounts of
life" issues such as prostitution, public drinking, and dis-
19th century private prosecution in which citizens them-
orderly conduct, Assistant District Attorney David Cof-
selves, in the absence of a professional police force,
fey was at their side. Coffey had worked for months in
turned to prosecution to settle disputes, maintain order,
advance with citizens, police, and the district court judge
and protect themselves. Many poor and working-class
who would handle the anticipated arrests, and he was
litigants brought matters large and small directly to the
committed to prosecuting the cases that would result.
criminal courts-running the gamut from disputes be-
Around 50 arrests were made over the weekend. By Sun-
tween tenants about noise to larceny and assault. During
day, police were picking up the word on the streets-of-
the second half of the 19th century, with the creation of
fenders knew something was up, and they were lying
professional police forces with broad powers of arrest,
low. Residents of a troubled housing development in the
state prosecutors increasingly assumed responsibility for
area reported it was far quieter than usual. And police
dealing with the cases brought to them by the police.
expressed amazement and delight that Coffey had
With this change, citizens began to lose direct access to
20
MAY/JUNE 1997
FROM NDAA/APRI
(TUE) 06. 10'97 12:51/ST. 12:47/NO. 3560946664 P 1/47
FAX
Date
06/10/97
Number of pages including cover sheet
TO:
Mary Smith
FROM:
Heike Gramckow, PhD., Director,
Domestic Policy Council
Management and Program
Room 213 1/2
Development
American Prosecutors Research
Institute
99 Canal Center Plaza, #510
Phone
202-456-5571
Alexandria, VA 22314
Fax Phone
202-456-7431
CC:
Phone
703-519-1647
Fax Phone
703-549-6259
REMARKS:
Urgent
For your review
Reply ASAP
Please Comment
Mary, the following pages describe some of the most developed community prosecution efforts established in the US. I am
also including a short article that is about to be published in "State Government". Call me if you need any additional
information. Heike
Commun Proseculturs
FROM NDAA/APRI
(TUE) 06. 10 97 12:51/ST. 12:47/NO. 3560946664 P 2/47
Prosecutors turn to prevention
Community oriented prosecution is creating safer communities across the country.
by Heike P. Gramckow
A skateboard park is the latest attraction for teen-agers in a Portland, Ore., neighborhood.
Young people cnjoy their sport, patrol the area and keep it clean. In contrast, months
earlier young skateboarders were trespassing, littering, destroying and spray painting
property at the same sitc, owned by a cement manufacturer who frequently called police
to chase them away. The skateboard park, built with the help of the same manufacturer. is
a result of an agreement among teen-agers, local business and government agencies.
Perhaps most surprisingly. the local prosecutor for Multnomah County, Michael Schrunk,
initiated and facilitated this cooperation.
Similarly, many prosccutors across the country are rethinking their roles and paying more
attention to preventing crime and improving neighborhood safety. These prosecutors
recognize that criminal procedures alone do little to break the cyclc of violence. Instead,
people feel safer and criminal activity declines when a neighborhood's quality of life
improves. Tom Reilly, district attorney in Middlesex County, Mass., said, "We have
worked to make the best use of the resources we already have. The result is what 1 call the
Middlesex Community Based Justice Program. At the heart of the program is the
recognition that the conventional approach the criminal justice system has taken to the
problem of youth violence is, in these times, a recipe for failure."
To a large extent, prosecutors and courts are responding TO the movement toward
community policing and are going beyond the restrictions of criminal law. Prosecutors
reach out to schools with drug education and coordinate youth activities. They also are
applying civil sanctions and city statutes to rid communities of crack houses. Prosecutors
are focusing on reducing crime and creating safer neighborhoods goals that are a
natural part of a prosecutor's mandate.
In most places, community prosecution is experimental. The few jurisdictions with more
experience are doing well. Community prosecution. first implemented in the 1990s in
Portland, Ore., today is a household term there. Prosecutors work closely with the
community and some have established neighborhood offices. Reflecting community
support, local businesses funded the first prosecutor working out of a Portland
neighborhood office.
Un
Jurisdictions throughout the country share similar experiences. Community prosecution is
taking place in suburban and rural areas, such as Howard County, Md.: midsize and large
cities, like Kings County (Brookline) (STATE?), Marion County (Indianapolis), Ind., and
Middlesex County, Mass. "We are beginning to sec signs of other communities wanting to
replicate our Community Justice Council structure," said Ronald Earle, district attorney in
Davis County (Austin), Texas.
FROM NDAA/APRT
(TUE) 06. 10 97 12:52/ST. 12:47/NO. 3560946664 P 3/47
Prosecutors are cngaging in nontraditional activities such as building partnerships with
other public and private agencies, and developing preventive measures and alternatives to
formal criminal justice procedures. These efforts can improve victims' and community
satisfaction with government.
Several state agencies are using community-oriented prosccution as part of a broader
problem-oriented approach to creating safer neighborhoods. In Maryland, the Cabinet
Council on Criminal and Juvenile Justice, under the leadership of Gov. Parris Glendening,
funded an initiative for targeted neighborhoods. The Hotspot Communities Initiative
supports comprehensive neighborhood strategies to reduce crime and public fear of crime in
high-crime arcas. Police, prosecutors and other criminal justice and state and local
government agencies take a concerted approach to the areas. Community involvement and
problem solving are at the basc of this effort and community policing and community
prosecution are core components.
Similarly, the Iowa attorney general's office plans to train prosecutors throughout Iowa on
community-oriented work. A representative of the office participated in training and
technical assistance efforts provided by the American Prosecutors Research Institute.
State agencies can provide training, support team approaches and require a community
orientation as a condition for receiving state block grants. State attorney general's offices
can provide training and resources, such as liaison attorneys and staff. They can help
establish a network among local prosecutors and help connect them with state agencies that
serve local communities. State assistance is important for rural prosecutors who generally
have few resources. In addition, the mandate of many state agencies, such as state police,
corrections and state courts, includes providing services closely related to the work of local
criminal justice agencies. Other state agencies, including state parks and environmental
regulators, have a mandate to provide services that influence ал area's quality of life. If
these agencics also take a community- and problem-oriented approach. they can strengthen
local efforts and share resources, thus increasing public satisfaction with state services.
State agencies that become more problem oriented and responsive to the public quickly
recognize these benefits. State governments that subscribe to Total Quality Management
will find the community-oriented approach a natural extension of these efforts.
Resources
The American Prosecutors Research Institute, the research affiliate of the National
District Attorneys Association, offers information, training and technical assistance on
community oriented prosecution. For more information, contact APRI, 99 Canal Center
Plaza, Suite 510, Alexandria, Va. 22314, (703) 549-4253.
law R C)
Heike Gramckow, who holds a doctorate in (??), is American Prosecutors Research
Institute's director for management and program development. She has directed and
conducted studies related to program management and evaluation of police, prosecution and
courts, and organizational analyses of state and local criminal justice systems. She is the
author and co-author of several book chapters, articles and reports related to community
policing, prosecution, crime prevention and criminal justice issues.
FROM NDAA/APRI
(TUE) 06. 10 97 12:52/ST. 12:47/NO. 3560946664 P 4/47
Howard County Seeks to Erase Graffiti, Other
wn
a.
Piece
of
washingtonpost.com
History.
I home page 1 site Index 1 search 1 help I
Inside
Howard County Seeks to
washingtonpost
Erase Graffiti, Other
Washington World Section:
Metro news, community
Quality-of-Life Crimes
information, entertainment
listings and reviews, local
economy news and local sports.
By Fern Shen
Washington Post Staff Writer
All stories and columns from the
Sunday, May 4 1997; Page B01
Metro section of this morning's
Washington Post and an image of
The Washington Post
the Metro section front.
Someone had spray-painted the letters "SPC" all over a
convenience store in the suburban Howard County community of
Columbia. Big deal. It's the kind of obnoxious-but-low-level
crime that is usually handled in District Court, along with minor
traffic infractions.
But the alleged graffiti writer was linked to other graffiti -- on a
high school scoreboard, highway overpasses, an 18-wheeler. His
home was searched. Evidence was seized. SPC was said to stand
for "Satan's Perfect Child." Christopher Falk, 23, of Columbia,
was arrested and charged with 16 counts of malicious
destruction. This month, he faces a jury trial in Circuit Court.
Why the tough treatment?
Because the crime is precisely the kind of quality-of-life
diminisher targeted by the "community justice" program,
established last year by the state's attorney's office in Howard
County and by an increasing number of prosecutors nationwide.
Those prosecutors focus on crimes that "really stick in people's
craws," said Sang W. Oh, a prosecutor in the Howard County
state's attorney's office.
Such programs have been criticized by defense attorneys as
overkill, showy public relations gestures that divert resources
from serious crimes.
"Why don't they concentrate on rapes and murders?" said Falk's
attorney, William Hale, of Silver Spring. "They acted like the
Gestapo; they treated him like a war criminal. It's ridiculous."
But petty crimes are not so easily dismissed by the people
victimized by them, said Oh, one of two assistant state's
http://www.washingtonpost.com/wp-srv/WPlate/1997-05/04/133L-0S0497-idx.html
5/5/97
FROM NDAA/APRI
(TUE) 06. 10 97 12:53/ST. 12:47/NO. 3560946664 P 5/47
Howard County Seeks to Erase Graffiti, Other
attorneys assigned to the new Howard County program.
"I don't know any one of my neighbors who have been raped or
murdered, but I know plenty whose mailboxes got run over, who
had sleds stolen from the back yard or whose cars got hit by kids
who were drinking," Oh said.
Modeled after the community policing concept and often referred
to as "community prosecution," the programs place prosecutors
in neighborhoods to listen to residents' complaints about
vandalism, threatening behavior, small-time drug trafficking,
petty theft and similar crimes.
"This is how prosecutors will work with communities in the
future," said State's Attorney Marna McLendon (R), who
initiated the program on a pilot basis in two Columbia villages,
Harper's Choice and Wilde Lake.
Prosecutors have been logging long hours at neighborhood
meetings and in the schools, because juveniles are involved in
many of the crimes they confront
Similar programs have been established in the District; Chicago;
New York; Kansas City, Mo.; Cambridge, Mass., and many
other cities, where residents and law enforcement officials have
struggled to find a more effective way to combat "nuisance
crimes."
"What you're seeing is the prosecutors redefining their roles a
little bit, so that they're not just responsible for responding to
crimes, for processing cases, but more for preventing crime,"
said Heike Gramcow, director of management and program
development for the American Prosecutors' Research Institute,
the research arm of the National District Attorneys Association.
The prosecutors who run a six-year-old program in Portland,
Ore., say the community has seen results as they closed crack
houses and helped neighborhoods get the speed bumps they
wanted.
In Northeast Washington, where U.S. Attorney Eric H. Holder
Jr. set up a community prosecution pilot program last year, cases
have run the gamut from serious crimes, such as murders in
particular neighborhoods, to nuisances, such as abandoned
automobiles and rat infestation.
"We're trying to be there for people, but also to give people a
sense [of], `This is your neighborhood; you've got to tell us
what's going on,'" said Brenda Johnson, deputy chief of the
District's community prosecution section.
http://www.washingtonpost.com/wp-srv/WPlate/1997-05/04/133L-050497idx.html
5/5/97
FROM NDAA/APRI
(TUE) 06. 10'97 12:53/ST. 12:47/NO. 3560946664 P 6/47
Howard County Seeks to Erase Graffiti, Other
In a neighborhood plagued by youths shooting at each other,
prosecutors cracked down, partly by charging some of the youths
but also by bringing in their mothers for a stem lecture, Johnson
said. In another instance, Johnson recalled, she helped an elderly
woman complaining about a trashed-filled lot by calling up the
property owner and lambasting her for her negligence.
"We do a lot of that -- shaming people into doing right," Johnson
said.
In the same way, Oh, in Howard County, is looking for a
low-key but more effective way to deal with a knife-carrying
homeless man who has been intimidating shoppers at one of the
village centers.
"My first move will be to try and get the liquor store there to
stop selling him liquor. If he doesn't stop, I could get the other
merchants there to lean on him," Oh said. Prosecutors also might
also seek addiction services for the man or get his family
involved, Oh said.
Columbia residents came up with a solution themselves in the
case of a vacant lot where people were gathering to drink and
deal drugs: They circulated a petition to have the lot legally
designated as "open space," meaning it had to close at 10 p.m.
Oh researched the procedure in the law books and pushed their
proposal through all the necessary agencies. Now police can
force people off the lot after hours and ticket violators.
"Being in the position I was," Oh said, "I could grease the skids."
Oh's efforts in the graffiti case, however, seem overly harsh to
Christopher Falk's relatives, who say the county is making him "a
scapegoat."
"They decided to add all the graffiti in Columbia to his case,"
said Falk's mother, Geraldine Falk, whose son lives with her. "I
don't even know if he did it or not. But do they really have to go
to such an extent for something so minor? I think they just don't
have enough to do."
Oh, however, said his efforts are meant to send "a strong
message of deterrence."
"We want it understood this [graffiti] will not be tolerated," he
said. "That's a sentiment that I got loud and clear from the
community."
Ordinarily, such a case would have remained in District Court,
Oh said, where an offender probably would receive a suspended
sentence or probation before judgment, meaning the person
http://www.washingtonpost.com/wp-srv/WPlate/1997-05/04/133L-050497-idx.hml
5/5/97
FROM NDAA/APRI
(TUE) 06. 10'97 12:53/ST. 12:47/NO. 3560946664 P 7/47
Howard County Seeks to Erase Graffiti, Other
Page 4 of 4
would not have a criminal record.
Oh, however, plans to seek sizable restitution and some "more
appropriate punishment."
"The things I'm hearing people talk about are old-fashioned
punishments, like making the person go out and repaint where
they'd painted," Oh said. "I like the sound of that."
©
Copyright 1997 The Washington Post Company
Back to the top
washingtonpost.com
I home page I site Index I search I help I
http:/www.washingtonpstcon/wp-srv/WPlte/19705/04/13L-050497-idxhtml
5/5/97
FROM NDAA/APRI
(TUE) 06. 10'97 12:53/ST. 12:47/NO. 3560946664 P 8/47
MULTNOMAH COUNTY (PORTLAND), OREGON
FROM NDAA/APRI
(TUE) 06. 10 97 12:53/ST. 12:47/NO. 3560946664 F 9/47
"o
STORNEY
MICHAEL D. SCHRUNK, District Attorney for Multnomah County
600 County Courthouse
Portland, Oregon 97204
(503) 248-3162
TROMAN
THE NEIGHBORHOOD D.A. PROGRAM
The Neighborhood D.A. Program is designed to solve community crime problems. The
program assigns a deputy district attorney to a specific geographic area with the charge to
identify:
the major public safety problems in the area,
the key individuals, groups and organizations wanting to improve the area, and
the existing resources within the community that can be used to resolve the
problems.
GOAL
The goal of the program is to improve the "quality of life" within the neighborhood or business
district. This is accomplished by developing and implementing long term strategies that attack
"maintenance and order" crimes such as theft and vandalism, car prowls, street disorder crimes,
and illegal camping.
The program is currently in place in five geographic areas within Multnomah County. The
program began in November of 1990 in the Lloyd District. In April of 1991 a second program
was put in place in the residential communities of North and Northeast Portland. In January of
1993 the third program was established in the Central Business District of Portland, in
November, 1993 the fourth program began in the City of Gresham and, in August of 1994, the
fifth program began operation in the residential neighborhoods of Southeast Portland.
The long term goal is to have a Neighborhood D.A. Program in each of the six districts of the
county so that every community has access to the program and services.
FROM NDAA/APRI
(TUE) 06. 10 97 12:54/ST. 12:47/NO. 3560946664 P 10/47
ACTIVITIES
The Neighborhood D.A. expands the boundaries of the prosecutor role by focusing on solving
groups of crimes rather than focusing on individual cases as presecution is traditionally done.
The activities a deputy in the Neighborhood D.A. Program performs are wide ranging. They
include reviewing criminal cases originating in each district, identifying priority crime issues
within the district and working with multiple public safety groups and committees within each
district on specific crime issues. The crime issues deputies have worked on include car theft,
purse snatch, drugs, prostitution, illegal camping, street disorder, and trespass. In addition,
deputies have developed partnership agreements among public and private organizations which
define responsibilities and actions for partners within districts. Examples include the Old
Town/Chinatown Partnership Agreement and the Pioneer Square Partnership Agreement. They
have also worked with groups on public policy issues such as weapons in schools, restrictions
on sales of alcoholic beverages in neighborhoods, and nuisance abatement ordinances.
Training is a key activity performed by the Neighborhood D.A. Program. The deputies provide
extensive training to police officers, private security personnel, and citizen groups. Issues
covered include trespass laws, report preparation, restraining orders, and other legal tools used
by the criminal justice system. The deputies perform 2 similar role for business owners and
managers by consulting with them on potential solutions to local crime problems.
RESULTS
Though in place for varying degrees of time the program is having noticeable effects within
communities. In one district with the Neighborhood D.A. Program there was a major problem
with illegal camping. Following the development and implementation of a successful interdiction
strategy, illegal camping was eliminated along with the need to use expensive criminal justice
system resources (arrest, investigation and prosecution) to combat the problem. Similar
strategies involving street disorder offenses, illegal dumping and other "quality of life" issues
have met with success as well.
FROM NDAA/APRI
(TUE) 06. 10'97 12:54/ST. 12:47/NO. 3560946664 P 11/47
NEW YORK COUNTY (MANHATTAN), NEW YORK
FROM NDAA/APRI
(TUE) 06. 10'97 12:54/ST. 12:47/NO. 3560946664 P 12/47
No Time to Wait,
No Time to Waste:
The Middlesex Community Based
Justice Program
Middlesex District Attorney's Office
District Attorney Tom Reilly
FROM NDAA/APRI
(TUE) 06. 10 97 12:54/ST. 12:47/NO. 3560946664 P 13/47
The Middlesex Community Based Justice Program:
Priority Prosecution of Young, Violent Offenders
The numbers teil part of the story. The most recent statistics from the Department of
Justice report that arrests of juveniles for violent crimes increased by 50% berween 1987 and
1991. In the same period, arrests of juveniles for murder increased by 85%. One in five high
school students reported carrying 2 weapon somewhere, at least once, in the month before
another recent survey. Young people are also the most common victims of violent crime:
persons age 20 or younger are twice 25 likely to be victims of violent crime as others, and
teenagers are more likely to be victims of violent crime in or around school than in any other
place. Crime statistics in Middlesex County reflect this disturbing national rrend. In 1991 and
1992, young offenders committed nearly 70% of all crimes against victims. Fifteen of the 35
persons charged with homicides in Middlesex County in 1991 and 1992 were 21 or younger.
But these statistics tell only part of the story. Parents, teachers, school administrators,
police officers, judges, probation officers, correction officials and prosecutors-among others-
know all too well the names and faces behind the numbers. We have a front row seat on the
problem of youth violence. We have talked with the parents of the MIT student stabbed to death
by a 16 year old in a senseless robbery netting $3. We have watched as disputes that
- 1 -
FROM NDAA/APRI
(TUE) 06. 10' 97 12:54/ST. 12:47/NO. 3560946664 P 14/47
once might have led to shoving matches or fistfights are now resolved by guns or knives. We
have seen the poison of racism divide schools and communities, and lead to beatings, shootings
and stabbings. And we have seen young men and women, some of great ability and promise,
struggle to choose berween right and wrong, often against strong odds and without support as
home.
This crisis of violence by and between young people has led to a number of proposals for
action. Some have focused on the need for economic development, to ensure that young people,
especially those who live in urban areas, see alternatives to the false promise of easy money
from robbery or drugs. Others focus on punitive measures-new laws and new prisons. What
most of the proposals have in common is a call for a massive infusion of new resources to
address youth violence. But on the front line, we know that resources are scarce. We have no
time to wait and no time to waste.
Here in Middlesex County, we have worked to make the best use of the resources we
already have. The result is what I call the Middlesex Community Based Justice Program. At the
heart of the program is the recognition that the conventional approach the criminal justice
system has taken to the problem of youth violence is, in these times, a recipe for failure.
Without close coordination and, most importantly, the cooperation that results from sharing
information, no single institution-not the schools, not the police, not the courts, and not
corrections-stands a chance of controlling youth violence. With real cooperation. however,
there is much that can be done
- 2 -
FROM NDAA/APRI
(TUE) 06. 10 97 12:55/ST. 12:47/NO. 3560946664 P 15/47
What is Community Based Justice?
The Middlesex Community Based Justice Program begins by accepting the fact that the
institutions traditionally expected by society to control anti-social behavior by young people
-police, prosecutors, courts and corrections-can no longer do the job alone. In 1993, more than
35,000 criminal cases were initiated in Middiesex County. The traditional approach to law
enforcement treats each of those cases separately, and divides the responsibility for each of those
cases among different institutions, each with its own mission. Police make the arrest
Prosecutors present the evidence in court Judges, with the help of recommendations by
probation officers, impose sentence, and corrections officials are responsible for the defendant
until he is returned to society. When one case is over, the police, the prosecutor, the count, and
corrections each move on to the next case. This case-specific approach, coupled with the rigid
-division of responsibilities between the major criminal justice institutions, has led directly to the
revolving door system of justice that is so often and so justifiably criticized by the public. One
police officer does not know what other officers know about an offender. Prosecutors, even
those in the same office, do not know what other prosecutors know about the accused. Judges
and probation officers possess only limited information about what a defendant has done in the
past Put simply, the police, the prosecutors and the Court do not know what each other knows,
and no one in the criminal justice system is likely to know what is perhaps the most important
- 3 -
FROM NDAA/APRI
(TUE) 06. 10 97 12:55/ST. 12:47/NO. 3560946664 P 16/47
fact: what impact does a particular offender-especially a young, violent offender-have on his
school, his neighborhood and his community? Each case is simply processed, and the enormous
cascloads guarantee that many young offenders will slip through the cracks, receive little or no
sanction or supervision as a result of the offense they have committed, and conclude that the
criminal justice system is 2 joke that they need pay no attention to. The result is good for no
one. II does not protect the public, and it does not do what we all should expect the criminal
justice system to do: deter young people who commit crimes from committing new and perhaps
more serious offenses.
The Middlesex Community Based Justice Program represents a purposeful and dramatic
break from the conventional approach. The break from simply processing cases is illustrated by
the Community Based Justice Program's four basic tenets, each a departure from business as
usual in the criminal justice system. The four bedrock principles of the program are these:
1. The criminal justice system can address the problem of youth violence only if
certain cases are treated as Priority Prosecutions and singled out for special
attention, so that they are not lost in the crush of overwhelming numbers;
2. All the social institutions with information about young people headed for
trouble-schools, police, prosecutors, probation officers, youth and social
service professionals and community members-must share that information,
so that the criminal justice system can treat as Priority Prosecutions cases
involving those individuals most likely to pose a threat to the community;
3. The criminal justice system must focus on the offender, not simply the specific
offense, and impose individualized sanctions, designed to deter that offender
from further anti-social conduct; and
The criminal justice system must impose increasingly serious sanctions on an
young offender who continues to commit offenses.
4 -
FROM NDAA/APRI
(TUE) 06. 10 97 12:55/ST. 12:47/NO. 3560946664 P 17/47
How Does Community Based Justice Work?
In each participating community, the heart of the Middlesex Community Based Justice
Program is a community task force. Each week, the members of the task force-school officials,
police, prosecutors, probation officers, corrections officials, youth service and social service
professionals and, in some cases, community representatives- meet to share information about
what is happening in their community. The meetings are not academic discussions about
combating youth violence. They are working sessions, focusing on specific events and particular
individuals whose conduct pases a threat to schools, neighborhoods, and communities. In a
typical meeting, police report what they know about 2 particular criminal event: a shooting,
stabbing, or fight, for example; school officials report about disturbances on school grounds, as
well as what they have learned in the school about what has happened-or what they fear may
happen-ourside of the school; and prosecutors report on the status of court cases involving
individuals who have been identified by members of the task force as deserving special attention.
The prime tool for each of the task forces is a Priority Prosecution List. The Priority
Prosecution List addresses by name the individuals whom members of the task force have
identified as that community's most scrious violent youths. Young offenders eam a place on the
Priority Prosecution List by their own violent conduct-by carrying weapons, by fighting, by
threatening victims and intimidating witnesses, or by committing racially motivated
assault-and the presence of representatives from across the social spectrum reduces the
prospect that any anti-social conduct by these young offenders will go unnoticed.
5 -
FROM NDAA/APRI
(TUE) 06. 10'97 12:55/ST. 12:47/NO. 3560946664 P 18/47
Each week, the List reports on the status of the court cases of the individuals identified
as priority defendants. The members of the task force share information about particular
offenders and work to reach a consensus about what should be done to address a particular
young person's anti-social conduct The list ensures that the members of the task force are
accountable to one another to follow though on promised actions and effectively prevents
individuals who have been identified as threats to public safety from slipping though the cracks
of the criminal justice system.
The District Attorney's Office devotes special attention to Priority Prosecution cases by
assigning them to prosecutors who treat them as their most important cases; by ensuring that
prosecutors have all relevant information about an offender-not just information about a
specific case-when they argue bail; by providing investigative resources not likely to be given
a case that has not been designated a priority; and by ensuring that the judge, at the time of
sentencing, knows full well who the individual before the court is and why the community task
force has identified him as a threat to the community. The police do not conduct surveillance of
individuals on the list, stop and frisk them, or solicit them to commit criminal acts. Once those
individuals do commit criminal acts, however, the task force ensures that the criminal justice
system works at its best, not its worst, when it deals with their cases.
This does not mean that the District Attorney's Office seeks maximum sentences in
every Priority Prosecution case. Instead, the emphasis is on showing the young offender that the
- 6
FROM NDAA/APRI
(TUE) 06. 10' 97 12:56/ST. 12:47/NO. 3560946664 P 19/47
criminal justice system does have teeth. The clear preference is to seek the imposition of that
sentence that the members of the task force believe will be sufficient to deter future anti-social
conduct Often times, a disposition such as probation or a suspended sentence may be sufficient
to deter future criminal activity, and identification of an offender as a community priority will
ensure that the probation department will devote special attention to that young person's case. If,
however, the young offender does not respond to sanctions that leave him on the street, and,
despite court-ordered supervision, commits a new crime, the District Attorney's Office will not
hesitate to take extraordinary action to show him that his conduct is being closely momitored
For example, the District Attorney's Office will commonly move to revoke an offender's bail if
he commits an offense while on release, and will likewise argue for incarceration when a young
criminal has failed to conform his conduct to the law despite being on probation.
The Community Based Justice Program also seeks to reach out to young people at risk, to
offer them alternatives to crime, violence and gangs. Again, the goal is to tap into existing
community resources. In Lowell, the District Attorney's Office has worked with the Cambodian
Mutual Assistance Association to keep Southeast Asian teens in school. In Somerville, the
community task force works closely with the police department's community policing program,
providing opportunities for activity other than violence to young people in the city's parks and
playgrounds, especially in the summer. And in Malden, a police officer and a high school vice
principal work the streets on weekend nights, ensuring that young people know
-7-
FROM NDAA/APRI
(TUE) 06. 10 97 12:56/ST. 12:47/NO. 3560946664 P 20/47
that the school and the police are working together to keep the schools, the neighborhood and the
community safe.
Does it Work?
The members of the community task forces, who make the time to focus on identifying
and dealing with young offenders, believe that it does. And the young offenders themselves see
the difference. Take the case of the 18-year-old Somerville high school student and hockey team
member who beat 2 14-year-old black boy with a hockey stick No serious injury resulted, and
the conventional approach to criminal justice would likely have resulted in no more than a slap
on the wrist. Members of the Somerville community task force could document, however, that
this young man was a leader of a racist gang-the Notre Dame gang-who took pride in telling
others that the "ND" on the ball caps they wore stood for the racist slogan "Niggers Die". The
District Attorney's Office indicted the case for prosecution in Superior Court, worked closely
with the schools and police to make sure that the victim would testify, and assembled evidence
for the judge at that the time of sentencing that persuaded him that this young offender belonged
in state prison That is where he is today. You can bet that he believes that the Community
Based Justice Program works, and so do the other members of the Notre Dame gang..
In Cambridge, the community task force identified a young man known as "Cheesecake"
-then only 16-as the leader of a gang that was responsible for substantial levels of street level
. 8 -
FROM NDAA/APRI
(TUE) 06. 10' 97 12:56/ST. 12:47/NO. 3560946664 P 21/47
drug dealing and street violence. When he was arrested for drug and firearms offenses, the
District Attorney's Office moved to transfer his case from juvenile court to the adult system, and,
because of the information prosecutors possessed and presented, Cheesecake was transferred to
the adult system. When he failed to appear for trial, police mounted an all-out effort to find him
and, when they did, he too was sentenced to state prison. Cheesecake knows that the
Community Based justice Program works.
In Malden, school and police officiais knew that one 18-year-old repeatedly abused
young women, and then intimidated them, so that they would not come forward and testify
against him. When he threatened one young woman, members of the Malden community task
force worked together to encourage that young woman to stay with the case. The young woman
did testify, and the 18-year-old was sentenced to the mandatory one-year-term of incarceration
for unlawful possession of a firearm. They both know that the Community Based Justice
Program works.
Just as important-perhaps even more important-than these success stories are the stories
that community task force members can tell about violent behavior that has been prevented by
the Community Based Justice Program. In Somerville, to take just one example, a group of eight
young men seemed to be headed straight down the path of continuing, escalating anti-social
behavior. They were identified as priorities, and the community task force kicked into action.
- 9 -
FROM NDAA/APRI
(TUE) 06. 10 97 12:56/ST. 12:47/NO. 3560946664 P 22/47
They were convicted of offenses in the Somerville District Court, and placed on strict
probationary terms, including working with a police officer over the summer. The members of
the task force have their fingers crossed, but they expect that the seven of the eight will graduate
from Somerville High on schedule without further incident.
Final Thoughts
For many, the problem of youth violence seems too large, too complicated, and too
persistent to do anything about. I believe that the problem is too large, too complicated, and too
persistent to ignore. We have no time to wait for the country to address the social problems that
cause young people to turn to violence. We have no time to waste hoping that new resources
will be available to help us. The Middlesex Community Based Justice program is no panacea,
but it does offer a way for us to do something now, before another generation of young people
turns to violence, and before another generation of victims suffers the consequences.
Tom Reilly
Middlesex District Attorney
March 8, 1994
-10-
FROM NDAA/APRI
(TUE) 06. 10 97 12:57/ST. 12:47/NO. 3560946664 P 23/47
THE
STATE
OF
MARION COUNTY PROSECUTING ATTORNEY
OF
INDIANA
SCOTT C. NEWMAN, PROSECUTOR
CITY-COUNTY BUILDING, SUITE 560
200 EAST WASHINGTON STREET
1816
INDIANAPOLIS, INDIANA 46204-3363
PHONE (317) 327-3522 FAX (317) 327-5409 TDD (317) 327-5186
The Marion County Prosecutor's Office
Street-Level Advocacy Initiative
Introduction
Marion County, Indiana, is a metropolitan area of
approximately 750, 000 residents encompassing Indianapolis and some
other smaller municipalities. Marion county has many law
enforcement agencies within it, the two largest of which are the
Indianapolis Police Department (IPD) and the Marion County
Sheriff's Department. The jurisdiction of IPD covers the broadest
area of the county and includes diverse racial and socioeconomic
neighborhoods; the Sheriff's Department covers an area that
surrounds IPD's jurisdiction and is more suburban in nature. IPD
divides its patrol service area into four large districts; the
Sheriff's department is divided into two large areas. The
"community policing" idea was implemented by IPD in 1992, and is
currently being carried out on a smaller scale in the Sheriff's
Department.
As the amount of drug activity in the county increased, and as
violent crime associated with drug activity became more visible,
the Marion County Prosecutor's Office (MCPO) in August of 1993,
laid the groundwork for a "community prosecution" program covering
one geographically designated areas serviced by the Indianapolis
Police Department (IPD) This area, covering IPD's North District,
was selected because of the commitment of the then-Deputy Chief to
the community policing concept, the involvement of some established
and active neighborhood associations, a racially and
socioeconomically diverse population, and a significant drug
problem in areas much in need of rehabilitation.
MCPO committed one experienced deputy prosecutor two days per
week whose initial activities included on-site screening and filing
of arrests and warrant requests, liaison and training
responsibilities for IPD officers in the district, establishing
relationships with existing neighborhood groups, creating a legal
education program in public schools in the district, and developing
proactive crime prevention programs tailored to the needs of
specific neighborhoods.
FROM NDAA/APRI
(TUE) 10' 97 12:57/ST. 12:47/NO. 3560946664 P 24/47
Current Program Personnel
The Prosecutor of Marion County, Scott C. Newman, since taking
office in January of 1995, has expanded the idea of community
prosecution SC that, currently, there are full-time
prosecutors assigned as "street-level prosecutors" for each of
IPD's four patrol service districts. Two paralegals, assigned
full-time responsibilities in two IPD districts each, help the four
prosecutors. There is also a full-time nuisance abatement
prosecutor who works with and is helped by the neighborhood
prosecutors in the city's multi-agency nuisance abatement
initiative that will be described fully in a later section.
Current Program Overview
MCPO's community prosecution model emphasizes a proactive
approach to crime prevention and community intervention, as well as
creation of close relationships with other governmental agencies,
law enforcement, and neighborhood organizations. The key to the
program is information-sharing, communication, problem-solving, and
increasing access to and availability of prosecution programs in
the neighborhoods. Major program emphasis is placed upon targeting
high-risk neighborhoods and criminals in those areas, and working
with law enforcement and affected neighborhoods to create
innovative strategies involving thorough investigation, aggressive
prosecution (including "vertical" prosecution), and crime
prevention. In short, the main goal is to improve the quality of
life for the citizens of Marion County.
Program Components: FOCUS ON TARGET AREAS, PROACTIVE PARTNERSHIPS
BETWEEN LAW ENFORCEMENT, COMMUNITY AND BUSINESSES, SOLVE PROBLEMS,
IMPROVE PUBLIC SAFETY and ENHANCE QUALITY OF LIFE IN THE COMMUNITY.
A. Street-level Prosecutor The street-level prosecutor is
assigned to work in one IPD district and works directly from an
office located out in the district at the roll-call site.
Responsibilities of this prosecutor include screening and filing of
district detective arrests and warrant requests, assisting
detectives with investigative concerns, responding to law
enforcement issues about prosecution, legal education and training,
and generally functioning as a liaison between that district
service area and MCPO. Other responsibilities include
acting as a liaison with neighborhood organizations, responding to
community concerns, assisting neighborhoods in creating crime
prevention strategies, and attending neighborhood meetings. These
street-level advocates also work with businesses, schools,
churches, and other governmental agencies, pursuing ways of
improving the quality of life in the community.
B. Street-level Paralegal- These indíviduals help the street-
level prosecutor in all aspects of MCPO's street-level advocacy
program.
FROM NDAA/APRI
(TUE) 06. 10 97 12:57/ST. 12:47/NO. 3560946664 P 25/47
Quality of Life Initiatives/ Incorporation of Varied Enforcement
Methods:
C. Nuisance Abatement The goal of the nuisance abatement
program is to improve the health, safety and welfare of the Marion
County area by creatively and aggressively enforcing existing
nuisance statutes and applicable ordinances by means of a multi-
agency task force. Members of the task force include:
-Marion County Prosecutor's Office
United States Attorney's Office
- City Legal Department
- Mayor's Office
- Health and Hospital Corporation
- Indianapolis Police Department
- Narcotics Branch
- vice Branch
- Community Liaison officer
- Forfeiture Division
- Marion County Sheriff's Department
- Narcotics Division
- Vice Division
- Forfeiture Division
- Indianapolis Fire Department
- Zoning Investigators
- Department of Metropolitan Development
- Department of Public Works/Transportation
The task force assists in neighborhood rehabilitation and
revitalization by eradicating open air drug dealing and drug
houses. Houses where drugs are kept and sold and where drug
offenders congregate for using and selling controlled substances
create a serious threat to the communities in which they exist.
Additionally, the task force acknowledges that the criminal nature
of those houses creates a substantial infringement and obstruction
to the free use of surrounding properties. Such interference with
the comfort and enjoyment of life and property is actionable under
Indiana law as a nuisance. The task force identifies offending
houses and, where possible, works with and encourages the property
owners to take corrective action to prevent illegal activity from
occurring on those premises. Where this is not successful, the
task force acts on behalf of the neighborhoods and uses all
possible legal remedies to eliminate "drug houses" from Marion
County.
Some of those legal remedies involve law enforcement tactics
as well as enforcement of and compliance with existing ordinances
and statutes, including the following:
-Housing Code Enforcement
- Fire Code Enforcement
Health and Safety Code Enforcement
- Law Enforcement Strategy
- -Tenant Evictions by Landlords
FROM NDAA/APRI
(TUE) 06. 10 97 12:58/ST. 12:47/NO. 3560946664 P 26/47
- Forfeiture Actions
- Civil Nuisance Abatement Actions
- Comprehensive Civil R.I.C.O. Actions
- Aesthetic Improvements
- Environmental Improvements
The procedure employed by the task force involves the
following steps:
1. Property is identified, either by a call from a private
citizen or neighborhood association, or via law enforcement
detection (i.e., street officers, road deputies or narcotics
investigators) In addition, the task force has been involved
in targeting various properties for nuisance abatement work
based upon both visible and empirical evidence of drug
activity.
2. Property is photographed.
3. Property ownership is identified, including tenant status.
4. All available information relating to the particular parcel
of property is documented, including investigating liens on
the property and all criminal reports involving incidents
occurring on the parcel.
5. All available information relating to the owner and/or
tenants of the parcel is compiled for future documentation and
abatement discussions with the landowner.
6. If the property has been abandoned, it is inspected by
Health and Hospital Corporation and the Indianapolis Fire
Department and all violations are posted. Future action for
demolition may be sought after this point if rehabilitation is
not possible.
7. If the property is identified by the neighborhood or owner
as a place at which drug activity exists but there is an
absence of criminal reports, narcotics officers target the
property for surveillance and/or execution of search warrants
and all other law enforcement measures available to narcotics
investigation. If the narcotics officers are successful in
their investigation, arrests are made and cases vigorously
prosecuted to conviction. The street-level prosecutor assigned
to the area in which the property is located closely follows
these cases.
8. Once a pattern of drug activity or other criminal behavior
is established, the deputy prosecutor sends a letter to the
owner of the property outlining all of the information
obtained and listing the steps necessary for the abatement of
the nuisance. The letter gives the owner ten (10) days within
which to abate the nuisance or obtain compliance with the
relevant ordinances or codes or, if necessary, evict offending
FROM NDAA/APRI
(TUE) 06. 10 97 12:58/ST. 12:47/NO. 3560946664 P 27/47
tenants. Informal discussions and cooperation between the
landowner and the deputy prosecutor and members of the task
force lead to an expeditious abatement of the nuisance.
9. The deputy prosecutor, in negotiations with the owner,
attempts to abate the nuisance for the benefit of the
neighbors and the community. Sometimes, the appropriate
settlement may involve forfeiture of the property interest and
eventual sale, or the property's return to the appropriate
neighborhood agency for rehabilitation. In addition,
demolition of the property may be the only option in some cases.
10. Should the landowner fail to respond, the deputy
prosecutor requests by letter to the Indianapolis Fire
Department, Health and Hospital Corporation and any other
appropriate agency, that a coordinated inspection of the
target property be performed and citations for fire and
housing code violations given where necessary. Tenants are
removed from the house until deficiencies are corrected where
health and safety considerations require it. Copies of the
citations are forwarded to the deputy prosecutor and further
attempts to talk with the property owner are made to
encourage them to abate the nuisance.
11. Those landowners who refuse to cooperate in the abatement
of a nuisance are subject to a lawsuit filed by the Marion
County Prosecutor's Office or City Legal Department alleging
all violations of ordinance or state law. At the time of the
filing of the lawsuit, the deputy prosecutor seeks an
emergency restraining order preventing the owner and/or
tenants from using the property in a criminal manner.
Subsequent incidents of drug or other criminal activity on the
property results in the deputy prosecutor requesting sanctions
for contempt of court against the owner and tenants. Remedies
may include damages, abatement and injunctions where
necessary.
12. If appropriate, a forfeiture action is also pursued in
cases in which the evidence proves that the owner had
knowledge of or was an accessory to the illegal activity
occurring on the property.
13. If appropriate, a civil R.I.C.O. action may also be
pursued where evidence establishes a pattern of criminal
activity by the landowner involving the particular parcel.
The role of the deputy prosecutor in the nuísance abatement
area consists of organizing and using all available legal means to
abate nuisances and provide neighborhoods with a safe, clean and
healthy place to live in Marion County. This involves
meeting with landlords and neighborhood associations to listen to
the problems that exist within the community. It also involves
working with law enforcement and all other city and county agencies
to determine the variety of resources available to the
FROM NDAA/APRI
(TUE) 06. 10 97 12:58/ST. 12:47/NO. 3560946664 P 28/47
neighborhoods. Finally, it involves encouraging the passage of
legislation in the nuisance area involving expedited evictions,
expanded standing provisions for civil actions and various other
criminal legislation to supplement the street-level efforts of
nuisance abatement.
Besides aggressive nuisance abatement work, the deputy
prosecutor also appears on behalf of the state at the Alcohol
Beverage Board of Marion County, on the local and state levels.
Acting upon criminal investigations or neighborhood complaints, the
deputy prosécutor remonstrates against an applicant's obtaining,
renewing or transferring a liquor license. This is a facet of the
street-level prosecution that targets commercial enterprises
(liquor stores and taverns) on whose property illegal activity is
occurring which is negatively affecting the community.
CRIME PREVENTION/ QUALITY OF LIFE INITIATIVE
D. "Neighborhood Impact Program This program targets
specific neighborhoods or "beats" with substantial drug activity,
providing neighborhoods with direct access and input into felony
cases filed in Marion County's Drug Court. When a drug arrest is
made in one of the targeted beats, a neighborhood impact statement
form is sent to the neighborhood representative for completion and
return to MCPO. The form explores how the defendant's drug
activity affects the quality of life in the neighborhood.
Information contained in the form is incorporated into the
presentence report that the judge in Drug Court uses to decide what
sentence to impose.
Another component of this program is Neighborhood Impact
Teams. These teams, consisting of the neighborhood representatives,
IPD officers from the particular "beat," and the neighborhood
prosecutor and paralegal, evaluate the effectiveness of the
neighborhood impact statements, discuss crime trends and how to
abate them, and generally attempt to foster better communication
between MCPO, IPD and the neighborhood.
PROACTIVE PARTNERSHIP INITIATIVE
E. "Block-at-a-Time" ("BAT") Cards This is a postcard-
sized document created for distribution to law enforcement,
neighborhood groups and individuals. It is a means of
communicating the concerns of an indívidual, business,
neighborhood, or law enforcement officer to the neighborhood
prosecutor for discussion and prioritization with appropriate
individuals or agencies. The card requests information about the
specific type of problem from drug activity to loud music,
loitering or curfew violations, and provides space for information
on law enforcement involvement and documentation of follow-up
action taken by MCPO.
FROM NDAA/APRI
(TUE) 06. 10 97 12:59/ST. 12:47/NO. 3560946664 F 29/47
QUALITY OF LIFE INITIATIVE
DIRECT INTERACTION W/COMMUNITY
F.
"Crackback"
Tour
This ongoing program involves MCPO,
law enforcement and neighbors, who board buses and drive to and
hold open rallies in some of the worst open-air drug dealing and
crack houses in Marion County. Participants carry banners, chant
antí-drug slogans, use bullhorns, music, and extra lighting to let
the drug dealers know that they are being watched and to disrupt
the drug dealing occurring in those areas. The Prosecutor is also
establishing a schedule of "street-comer Prosecutor's offices"
outside the drug houses, and has involved area churches and Cub
Scout troops to provide youth participation, musical performances
("A Chorus Against Crack"), and the like.
PROACTIVE PARTNERSHIP
G. Mediation and conflict resolution program This program
involves referrals to a trained mediator at MCPO for the purpose of
intervention in neighborhood disputes that involve low-level
vandalism or violence in an attempt to keep disputes from
escalating. The mediator makes contacts with all parties involved
in the dispute and requests their involvement in a mediation
session to discuss and resolve disputes. Referrals may be made by
prosecutors, law enforcement, citizens OI judges.
QUALITY OF LIFE INITIATIVE
H. Community Victim Advocacy This program involves having
a MCPO victim advocate assigned to provide victim advocacy
services, shelter or counseling referrals, domestic violence
information, and to answer questions about filing cases, court
procedure, and MCPO's domestic violence and family advocacy
services, in a neighborhood community or service center. One of
the future goals of this program is to expand these services to
provide víctims the opportunity of swearing out citizen complaints
and completing citizen intake at locations in the neighborhoods.
PROACTIVE PARTNERSHIP INITIATIVE DIRECT COMMUNITY INTERACTION
I. "Case Watch" This is a tracking program whereby street-
level prosecutors, when making a screening and charging decision,
notify the assigned prosecutor that this case or defendant should
be targeted or "watched." The assigned prosecutor then follows up
with the neighborhood prosecutor at crucial stages in the
proceeding SO that interested neighbors can follow the progress of
the case. Certain cases are also targeted or "watched" at the
request of neighborhoods or concerned citizens, who in turn are
asked by MCPO or IPD to alert them if the defendant is seen in the
area again, most likely violating a stay-away order. Neighborhoods
are provided with photos and names of individuals ordered to stay
away so that violations can be reported and additional charges
filed and/or bonds revoked.
3.
Court Watch This program (still in the formative
stages), while created through a joint effort of IPD's Crime Watch
FROM NDAA/APRI
(TUE) 06. 10 97 12:59/ST. 12:47/NO. 3560946664 P 30/47
program, the Mayor's Office and MCPO, requires substantial
involvement of the neighborhood prosecutor and paralegal. Citizens
involved follow cases in court, attending hearings, trials and
sentencings, and make known their concerns about this defendant and
how his or her behavior affects the quality of life in a
neighborhood. Citizens are also encouraged to provide suggestions
for improving the administration of justice generally. MCPO is
involved in providing specific court date information, ensuring
that the court prosecutor is aware that the neighbors will attend
hearings, communicating with neighborhood representatives about the
status of a case, end assisting in training neighborhood
representatives about the criminal justice system and courts and
court proceedings.
CRIME PREVENTION/PROACTIVE PARTNERSHIP EDUCATION
K. Legal Lives Adopted from = Brooklyn, New York program
for 5th grade students, deputy prosecutors are assigned to a 5th
grade class for an entire school year to teach young people about
the criminal justice system, to help them learn to think critically
in difficult situations, and to learn to understand the
consequences of the choices they make. Through role-playing, young
people learn about drugs, guns, gangs, and making tough decisions
which build self-esteem. The culmination of the program is a mock
trial that the students prepare and perform the roles of lawyers,
judge and witnesses.
EDUCATION/CRIME PREVENTION/PROACTIVE PARTNERSHIP
L. Safe Schools In this program, deputy prosecutors are
assigned as liaisons to area high schools and middle schools to
answer questions about juvenile issues, be available to speak to
classes, and to give each school a contact person for criminal
justice concerns. Safe school liaisons will be encouraged to work
with school officials to conduct safety surveys and inventories
regarding such problems as gang activity, gun possession and drugs,
and to develop explicit strategies for addressing identified
problems.
Future Directions
Within the next six months, Prosecutor Newman will expand the
street-level prosecution program to add two additional neighborhood
prosecutors for both of the districts serviced by the Marion County
Sheriff's Department. Also, plans are underway to assign felony
cases in the Marion County Drug Court to prosecutors solely
according to the geographic divisions used by IPD and the Sheriff's
Department, SO that each prosecutor in drug court would prosecute
only those cases occurring in one law enforcement service area.
Prosecutor Newman also plans to prosecute juvenile cases. by
assigning cases in the four courts of the Marion County Juvenile
Court system by geographic area. Each court would be assigned
cases from one of IPD's four service districts, and the two
FROM NDAA/APRI
(TUE) 06. 10 97 12:59/ST. 12:47/NO. 3560946664 P 31/47
Sheriff's districts would be assigned to one or two courts, as
needed to balance caseloads evenly among the four courts.
A long term goal will see the Marion County Municipal and D
felony courts having cases assigned by geographic area, as well.
These assignments will create teams of street-level prosecutors
working together on crime problems, prevention, and strategies in
one area serviced by one district of IPD or of the Sheriff's
Department. The Prosecutor intends to use the opportunity provided
by an impending statutory court reorganization/consolidation
(including new court leadership) to pilot Marion County's first
fully-integrated neighborhood/quality-of-iife court.
Conclusion and Critical Success Factors
The "Street-Level-Advocacy" emphasis has made significant
progress toward shifting the paradigm of prosecution in Marion
County, Indiana, during the first six months of 1995, all within
existing budgetary resources. Several short-term tasks remain for
this year, including successful, geographically-based
reorganization of the narcotics and juvenile divisions of the
office, expansion of the project into the Sheriff's jurisdiction,
and the piloting of a fully-integrated neighborhood-based
mísdemeanor court.
Critical to the success of this initiative by the Prosecutor
in the longer term are (1) success in altering the culture of the
Prosecutor's Office so as to value neighborhood accountability at
all levels; (2) the ability of neighborhood-based prosecutors to
meet rising community expectations through creative approaches to
crime and disorder reduction, and effective channeling of
information to deputy prosecutors within the reactive divisions of
the office; (3) the Prosecutor's ability to convince courts to
simplify and support geographically-based reorganization efforts;
(4) the design and application of greatly enhanced criminal justice
data analysis tools (with geographical and demographic emphasis) as
an aid both to strategic planning and evaluation; (5) the securing
of sufficient funding to promote initiatives in data analysis and
outcomes measurement, as well as adequate staffing for meaningful
geographic coverage; and (6) the ability of the office to
demonstrate and document tangible successes in the reduction of
fear and disorder in discrete neighborhoods, by adding value beyond
what can be offered by a merely efficient, skilled and aggressive
case-based operation.
FROM NDAA/APRI
(TUE) 06. 10'97 13:00/ST. 12:47/NO. 3560946664 P 32/47
COMMUNITY PROSECUTION:
Building Partnerships Among Communities,
Police, and Prosecutors
NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE
ROBERT M. MORGENTHAU
DISTRICT ATTORNEY
NEW YORK COUNTY
AUGUST, 1993
(TUE) 06. 97 13:00/ST. 12:47/NO. 3560946664 P 33/47
NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE
COMMUNITY PROSECUTION
Community policing. implemented recently in New York City and a number of other
large meuopolitan areas, refocuses police resources to address the particular needs of
different neighborhoods. Addressing the underlying problems contributing to crime,
increasing police visibility, and developing cooperative relationships between police and
community members is intended to accomplish long term reductions in crime. However,
these improvements will be achieved and sustained only if the rest of the criminal justice
system supports the strategies undertaken by police. This is especially true of urban areas
overrun by drug trafficking or impacted by violent crimes and other serious offenses
committed by organized groups or repeat offenders. Community-based crime prevention
techniques, alone, are unlikely to be successful in neighborhoods where residents fear
reprisal from drug gangs and other predatory criminals for cooperating with law
enforcement. Prosecutors must assist police and community members by providing the
leadership and legal experise necessary for undertaking long-term, in-depth investigations
of gangs and high-rate dangerous offenders responsible for the elevated incidence of
violence. Essential to preventing crime is creating the conditions that result in the high
probability that those who commit crimes will be caught and brought to justice.
The New York County District Attorney's Office proposes 2 strategy - emphasizing
partnerships among prosecutors, police, and communities -- to identify crime patterns and
trends much sooner than previously possible, analyze these patterns proactively, develop
solutions which prevent crime and ensure swift and certain judgment, implement these
solutions, and measure the resulting impact on the community. This is a comprehensive and
coordinated response which will: (1) integrate community policing strategies with
community-based prosecution to increase the certainty of judgment and to prevent crime
from recurring, (2) concentrate law enforcement resources in order to target repeat offenders
and remove not only street-level drug dealers but also their suppliers, and (3) establish
programs to ensure the long term revitalization of the neighborhood.
This strategy enhances traditional enforcement efforts through public education,
recruitment of concerned individuals as well as commercial and not-for-profit organizations,
and greater inter-agency cooperation. Community Prosecurion is essentially an information
intensive strategy. It depends on sharing knowledge and data obtained from a wide range
of sources - in many cases, new or untraditional sources from outside the criminal justice
system. Critical to the success of this strategy, therefore, is a state-of-the-art information
- 1 -
FROM NDAA/APRI
(TUE) 06. 10 97 13:00/ST. 12:47/NO. 3560946664 P 34/47
Community Prosecution
New York County District Anorney's Office
management system whose primary objective will be to aid problem identification and
resource deployment to solve crime problems specific to each neighborhood.
Manhattan's Community Prosecution Program
Long committed to involving community members in combatting drugs and crime,
the New York County District Attorney's Office has developed 2 Community Prosecution
Program which integrates the strengths of community policing with the skills and legal
expertise of the local prosecutor's office. This program recognizes that crime problems vary
from one community to the next and will also change over time, calling for different types
of law enforcement resources and expertise. The proposed Community Prosecution Program
is therefore based on 2 highly flexible and responsive organizational structure which permits
the District Attorney to direct resources to each community's most pressing problems and
to vary the response as needs change. At the same time, this Program preserves the
independent nature of the District Anorney's Office which is essential to maintain the
public's confidence in the fairness of the criminal justice system.
Manhattan's Community Prosecution Program is based on three essential components:
(1) an active Community Affairs Unit, (2) Project Focus, consisting of small teams of
prosecutors which can be deployed to targeted neighborhoods, and (3) 2 Community-Oriented
Information System. The office's Community Affairs Unit, with a professional staff of a
dozen community liaisons, is primarily responsible for developing and maintaining lines of
communication with community groups, tenant associations, schools, and business, civic, and
religious organizations. Unicue in its proactive approach and its emphasis on problem
assessment and community involvement, Project Focus teams utilize a project management
approach to eliminate the sources of violent and serious crime in targeted geographic areas.
In support of these efforts, the office is developing a Community-Oriented Information
System to enable decision-makers to evaluate 2 wide spectrum of information across various
dimensions, including geographic anzlysis of crime patterns and case outcomes.
The office's Trial Division, consisting of 350 attorneys, is responsible for prosecuting
the vast majority of Manhattan's arrests, which are assigned to prosecutors on a rotating
basis. Vertical prosecution, where one prosecutor has responsibility for each case from the
initial investigation to the final disposition, ensures the continuity of case management which
is especially critical to ensuring successful outcomes. The Community Prosecution Program
operates in concert with the rest of the Trial Division, essentially as an overlay which can
be deployed as needed to enhance the investigation and prosecution of crime problems unique
to particular neighborhoods. Community Affairs staff enlist the assistance of community
members and ensure the flow of information between prosecutors and the community,
essential to the success of Project Focus. The Community-Oriented Information System
- 2 -
FROM NDAA/APRI
(TUE) 06. 10 97 13:01/ST. 12:47/NO. 3560946664 P 35/47
New York County District Attorney's Office
Community Prosecution
provides 2 flexible and responsive means for collecting, analyzing, and reporting information and
obtained from community members, law enforcement agencies, other external sources,
the many internal sources of information including AJIS, the office's main case tracking
system. Continuous monitoring of crime. problems and patterns throughout the office's
jurisdiction permits the identification of neighborhoods whose needs can best be addressed
by Project Focus teams.
Community Affairs Unit
The New York County District Attorney's Office is 2 strong proponent of
incorporating the community in fighting crime. In 1985, the office established the
Community Affairs Unit. which has developed 2 wide range of alternative, community-based
law enforcement strategies. The unit works closely with block associations, tenants
organizations, and other groups to identify their most pressing crime problems. Community
Affairs staff train law-abiding citizens to assist the criminal justice system in solving these
problems. During the past eight years. the unit has worked closely with - and in some cases
heloed organize = number of community groups, including Save Our Streets, Youth Force,
and the Parent Leadership Project, which have contributed substantially to a better quality
of life in the city.
The unit's staff of a dozen community associates are organized in two teams,
representing northern and southern Manhattan. Each associate is assigned to 2 specific
geographic area and is responsible for the office's relations with residents, businesses, and
organizations within this area. Community associates, often accompanied by 2 senior
assistant district attorney, routinely attend meetings of Community Boards, block
associations, public housing tenant groups, senior citizens groups, and other organizations,
where they represent the office, listen to the concerns of community members, and inform
them of the status of specific cases and of various law enforcement initiatives. The associate
relays concerns about 2 specific incident or defendant to the appropriate prosecutor handling
the case. Where patterns in criminal behavior are noted by the community, the associate
works with precinct commanders and with prosecutors to enhance enforcement and
prosecution efforts 2S well as with other city agencies to improve services to the community
as needed.
At community meetings, associates instruct residents how to report crime, who to
contact, and what alternatives they may pursue, including victim-witness services, domestic
violence counseling, and eviction of drug-dealing tenants. Community associates are also
available to assist communities in organizing tenant or resident patrols and other anti-crime
activities. In addition, coun monitor training is provided to all interested residents who are
invited to observe the proceedings in housing and criminal courts. Court monitoring is both
- 3 -
FROM NDAA/APRI
(TUE) 06. 10 97 13:01/ST. 12:47/NO. 3560946664 P 36/47
Community Prosecution
New York County Distric: Amoriey's Office
an effective and very popular means by which the community can continue to be engaged
in and informed of the criminal justice system's response to its concerns.
The Community Affairs Unit also coordinates a comprehensive, law-related
educational program for youths called "Legal Bound,' including classroom presentations and
bilingual drug prevention lectures ai over 250 Manhattan schools, mock trial competitions,
and a seven-week Summer Internship Program providing students invaluable work experience
and exposure to the workings of the legal system. Building on this expertise, the office has
designed a law-related curriculum which engages teenagers in discussions about drugs and
the role of law enforcement in their community. This curriculum, which teachers in public
and private schools throughout Manhattan are trained to use. deals with the operation of the
criminal justice system and covers 2 wide range of issues from how to report crime to the
consequences of illegal drug use. The first section of this curriculum addresses issues raised
by the Rodney King incident in Los Angeles last summer, including: the use of force by
police officers, when it is justified and when it is not, how an individual is protected by civil
rights and due process, and how police misconduct should be reported if it occurs.
Project Focus
Initially, much of the information obtained by Community Affairs staff was used for
tactical purposes, typically involving the investigation and prosecution of specific cases. In
1990, this office launched Project Focus in order to address the surge in crime in northern
Manhattan by using community-generated information to achieve strategic as well as racrical
objectives. In collaboration with the New York City Police Department, Project Focus
gathers intelligence with a view toward eliminating the sources of violent crime in targeted
geographic areas. Project Focus is unique in its proactive approach and its emphasis on
problem assessment and community involvement.
The Project Focus team collects intelligence on ongoing criminal activity and
monitors and coordinates law enforcement efforts within a well defined geographic area.
Individual assistant district attomeys concentrate their efforts on the unique crime problems
of specific neighborhoods corresponding to the patrol areas or beats assigned to community
police officers. Date is gathered from 2 wide variety of sources, including community and
tenant groups, landlords, police reports, executed search warrants, and this office's
Community Affairs Unit and Adult Justice Information System. Using this information, the
Project Focus team develops an intelligence base enabling it to identify an area's most active
criminals and to track current patterns of criminal activity. Prosecutors work with police to
establish goals, identify the specific law enforcement resources to be deployed, and design
an implementation plan which focuses on the most pressing crime problems in each
community. This approach has led to the successful prosecution of leaders of drug gangs
- 4 -
FROM NDAA/APRI
(TUE) 06. 10 97 13:01/ST. 12:47/NO. 3560946664 P 37/47
Community Prosecution
New York County District Anorgey's Office
who have terrorized individual buildings and entire city blocks. In several cases. community
information has helped obtain lengthy prison sentences for gang leaders who are known to
be responsible for 2 number of violent crimes but have no previous criminal record.
The benefits of Project Focus go beyond the immediate neighborhoods that the
program targets. Members of organized criminal gangs often commit vioient crimes in areas
outside of their usual turf. And, because Project Focus assistant district attorneys share
intelligence on criminal organizations with other prosecutors working in this office -- and in
other boroughs 25 well - information that is gathered for Project Focus can often be used
to soive homicides and other serious crimes that have occurred all over the city. For
example, information gathered for Project Focus' efforts in the 34th Precinct was
instrumental in obtaining 2 44-count indictment against 2 violent and heavily armed cocaine
trafficking organization that terrorized residents of West 157th Street. This group
intimidated and even killed law-abiding citizens who tried to interfere with their operations.
By coordinating the efforts of police and prosecutors, Project Focus helps to dismantle the
gangs that are the cause of much of the city's violent crime, thereby avoiding the
displacement effect which sometimes occurs after police "sweeps" drive criminal activity into
surrounding neighborhoods.
The 34th Precinct was chosen 2S the initial target of this pilot program because of the
extremely high level of violent crime in that community. During the Dast few years, the
34th Precinct has led the city with the most murders. Law enforcement intelligence indicates
that up to two-thirds of these homicides are drug-related. However, because witnesses to
such homicides are commonly inreatened or intimidated by gang members, fewer than half
of all murders that occur in the 34th Precinct are ever solved. Project Focus, working
closely with both beat cops and the community, has already begun to have an impact: felony
crimes decreased both in 1991 and 1992, representing a significant new trend after four years
of sharply increasing crime rates. The number of reported crimes in the 34th Precinct is
now at its lowest point since 1988. Largely because of this success, the office is now
planning to deploy two more Project Focus teams in other neighborhoods in Manhattan.
Community-Oriented Information System
The Community Prosecution Program is essentially an information intensive initiative.
It recognizes the value of collecting, processing, and reporting 2 much larger quantity of
information from 2 much wider variety of sources than ever before. Therefore, information
management and information systems lie at the very core of this strategy.
Community Prosecution's emphasis on problem identification or needs assessment as
well as on program evaluation requires new forms of information support. Essential to its
- 5 -
FROM NDAA/APRI
(TUE) 06. 10 97 13:02/ST. 12:47/NO. 3560946664 P 38/47
Compunity Prosecution
New York County District Attorney's Office
success is not only new hardware and software but also people -- well trained information
specialists or analysts who will facilitate access to and use of information tools for
prosecutors and other law enforcement personnel. The identification of neighborhood crime
problems, for example, requires experience, creativity, and instinct -- which computers by
themselves cannot supply. These information specialists will be deployed flexibly to work
25 members of teams on a project management basis. They will support the work of the
Project Focus teams through their knowledge of outside data sources and their ability to
design specialized data collection efforts, to integrate external and internal data, and to
produce useful and easily understood reports.
Transaction-based information systems such 25 traditional case tracking systems have
served prosecutors well during the past two decades. These systems provide timely and
accurate data on individual cases as well as data aggregated 2t various organizational levels
for management purposes. However, the information systems necessary to support
Community Prosecution must be able to:
(1)
Support problem identification, program evaluation, and information sharing
with external actors, and
(2)
Support these functions at three levels: strategic planning (i.e., assessing
long-term trends among multiple jurisdictions), managing organizational
resources (i.e., where, how, and when to deploy Project Focus teams), and
managing operations (i.e., problem identification at the neighborhood level).
Problem identification requires the ability to analyze crimes and other "incidents" across a
wide variety of dimensions. Prosecutors must be able to aggregate and disaggregate, or
"slice and dice," data in order to identify crime patterns by: crime type, geographic
location, criminal history, relationships among known suspects, etc. In addition, data used
by prosecutors increasingly comes from external sources. The computing platform
(hardware and software) must therefore permit the ability to manipulate and link data from
external sources in different formats with internal information systems. Three key features
of the Community-Oriented Information System include:
(1)
Geocoded data -- coding all major databases to permit geographic analysis.
(2)
SQL-based platform -- using Structured Query Language (SQL) database
management systems to permit internal and external computer systems running
different software to communicate and exchange data easily.
(3)
Flexible structure -- consisting of a core of centralized information augmented
by decentralized data collection, analysis, and reporting capabilities.
- 6 -
FROM NDAA/APRI
(TUE) 06. 10 97 13:02/ST. 12:47/NO. 3560946664 P 39/47
Community Prosecution
New York County District Anorgey's Office
These three features are central to the design of a wide array of applications incorporated in
the Community-Oriented Information System. Described below are several examples:
Intelligence Tracking System (ITS) The office has produced a database management
system specifically designed to meet the needs of prosecutors and investigators. ITS
facilitates data collection and enhances the ability to analyze large quantities of data for
patterns which provide insight to crime problems. For example, a database of executed
search warrants can be linked to 2 database maintained by Community Affairs which includes
reports by community members of drug trafficking retail locations.. Prosecutors can then
determine if police have already targeted any of these locations, what evidence was
uncovered, and which locations should now be targeted for additional, enhanced enforcement
efforts. Status: Fully operational.
Mobile Computing -- Portable personal computers with modems and printers which
facilitate specialized data collection efforts and provide links to internal systems for staff 21
off-site locations. The office's senior assistants now use the Homicide Notebook (a portable
PC, printer, and modem), designed to assist them in investigating homicides in the field.
While working at crime scenes, in neighborhoods, or at police precincts, prosecutors can
access the same information systems and services they can access via their desktop PCs. For
example, they can dial in to the office's case tracking system from any remote location and
verify the current status of any case or group of cases, investigate a suspect's criminal
history, and generate search warrants, material witness orders, and many other legal
documents quickly and easily. Status: Fully operational.
Contact Manager System -- This system is designed to track all contacts made
between the office's Community Affairs staff and outside organizations. The Contact
Manager System provides a number of useful tools, enabling staff to document contacts,
assign and monitor projects and individual tasks, and produce routine activity reports. One
of its most outstanding features is its flexibility -- the system is designed to adapt to the
changing needs of the unit and of community organizations. Status: In development --
prototype has been completed and fully operational system is expected in three IO six months.
Program Evaluation/Community Feedback -- Geocoded information systems will
permit routine and ad hoc monitoring of crime and case processing trends by geographic
area, however defined: precincts, community districts, school districts, or specially chosen
"Larget areas." For example, if a community group identified a new 3-block area as recently
inundated by drug dealing, the information system could be easily queried for all arrests and
case dispositions originating from that location for the past several years. In addition, all
new arrests from this area could be monitored and their current status or dispositions
reported back to the community. Status: In systems planning and analysis phase.
- 7
FROM NDAA/APRI
(TUE) 06. 10 97 13:03/ST. 12:47/NO. 3560946664 P 40/47
Community Prosecution
New York County District Attorney's Office
Executive Information System -- A computerized system that provides executive legal
staff with easy access to internal and external information that is relevant to the office's
overall objectives. Geocoded data will permit senior managers to review strategic
information by geographic location in addition to other variables of interest. For example,
the Trial Division Chief might be able to monitor the current status of ail homicide cases
with the capability of examining information by precinct, community district, or city block
as readily as by Trial Bureau or assigned ADA. Status: In systems planning and analysis
phase.
*
*
As prosecutors seek to be more responsive to the diverse needs of communities within
their jurisdictions, they are increasingly in need of more sophisticated and adaptable tools
to manage information. Prosecutors must be able to identify problems 20 the neighborhood
level, decide how to deploy limited resources, and evaluate the impact of community-based
initiatives. As a result, new forms of information management are required. The New York
County District Attorney's Office is dedicated to developing the information tools necessary
to meet this challenge.
- 8 -
FROM NDAA/APRI
(TUE) 06. 97 13:03/ST. 12:47/NO. 3560946664 P 41/47
TEXAS PROBATION
Vol. XI, No. 1
5
COMMUNITY JUSTICE: THE AUSTIN EXPERIENCE
by
Ronald Earle
Travis County District Attorney
Austin. Texas
The Crime Problem
The Concept of Community Justice
There is a rapidly developing consensus about crime. Those of
Community Justice is an effort to reweave the fabric of com-
us who daily deal with criminal behavior are learning what the
munity by forging a partnership between local governmental
public probably already knew. that punishment. by itself, does
entities. the private sector, and community groups to facilitate
little to change behavior. Typically. persons from high-risk ar-
the performance by private citizens of the functions that were
cas who commit crimes in OUT cities are sent to state prison units
once performed by the extended family. neighborhood, and
in isolated rural aréas where they become part of a community of
school. It consists of a matrix of programs designed to increase
criminals with a support system that reinforces their criminal
cooperation, coordination, and collaboration among and between
behavior. Once released, they return to our communities as
citizens, their local governments city, county, and state - and
tougher. angrier, more skillful criminals, graduates of what are.
private enterprise. The focus of the programs at the most intense,
in effect, colleges for crime. They often commit other crimes, are
private, and personal level is the development of the kind of
caught again, and are sent through the system again. As 2 strat-
caring relationships between individuals that form the basis of
egy for reducing and controlling crime, this is senseless, danger-
community and which can only happen through the sharing of
us, and expensive, and it works for nobody except those who
pain and joy. Such sharing once was part of the warp and woof of
make a living from the prison industry.
community, but as the community's fabric has frayed, the per-
Punishment, or the threat of it, operates as a deterrent mostly
sonal sharing of lives has diminished. and the resulting erosion
to those who are not disposed to commit crimes in the first place.
of the quality of our public life is profound. The solution is to
It works well for us, nice folks say; all that is needed for it to
replenish our social capital. and that is what we have set out to
work well with criminals and those at risk of criminal behavior
do.
is just more of it. It would be nice if it were that simple. All we
Government involvement in much of this process is through
would have to do would be to make sure we have enough prison
the Community Justice Council, which consists of ten clected
space for every offender and see to it that prison was as unpleas-
officials, including prosecutors, legislators, city council and
ant as possible. We've pretty much done that in Texas, at least
school board members, and judges, who formulate the commu-
for now. And the crime rate is down. for now. But it's coming
nity justice plan for Austin and Travis County. They are advised
back. because we have done nothing about the conditions that
in this effon by the Community Justice Task Force, which con-
cause crime in the first place.
sists of fifteen appointed officials, among whom are the Chief of
Dysfunctional families tom by domestic violence and child
the Austin Police Department, the Superintendent of the Austin
abuse; substance abuse; economic instability: deteriorating neigh-
Independent School District, and the directors of the Juvenile
borhoods - all are related to and form a negative interdepen-
and Adult Probation Departments. Connecting these agencies
dence with each other and with ethics abuse at the top that
and entities to the community is the Neighborhood Protection
trickles down like acid rain. These are the true causes of crime.
Action Committee, which consists of twenty-five citizen activ-
There is no way to put and keep all the criminals in jail because,
ists chosen from the neighborhoods.
just as an untended garden keeps on producing weeds, our eroded
Most governmental entities in Austin and Travis County seek
communities sprout crop after crop of criminals. The punish-
to reach out 10 the community, and many of those efforts, like the
ment we mete out to any given offender, no matter how severe,
Community Justice Center, have sprung from the Community
has no more effect on his replacement than the fate of one weed
Justice Council planning process. Others, like the Appropriate
has on its successor.
Punishment Team, the Child Protection Team, the Children's
The only way to realistically impact crime is to strengthen the
Advocacy Center, and others have risen out of the work of
ammunity. That can only be done by rewcaving the fabric of
individual agencies, such as the District Attorney's office. To-
immunity. That fabric consists of family, extended family,
gether. they represent an effort to create connections between
neighborhood, school, church. workplace that matrix of threads
people by building a loom upon which to reconnect the threads
carefully woven over the years (centuries, in some cases) that
of community.
gives meaning to our lives. It is that web of relationships - the
ethics infrastructure - that regulates behavior. not the law.
FROM NDAA/APRI
(TUE) 06. 10 97 13:03/ST. 12:47/NO. 3560946664 P 42/47
Vol. XI. No. 1
JOURNAL OF THE TEXAS PROBATION ASSOCIATION
Goals and Objectives
That's changing now. however. We're beginning to realize
that maybe our forebears had the right idea when they made
Crime and other social dysfunctions necessitate intervention
protection of the community ateam effort. After all. crime comes
by the community acting through its government. Increasingly,
from community. and community is the place to stop it. This is
however. government is disjointed from itself and from commu-
the idea behind the Community Justice Council.
nity. People feel more and more isolated from each other and
The mission of the Community Justice Council is to "em-
from their government. and as a result take less and less owner-
power neighborhoods and individual citizens to create and main-
ship of either social problems or solutions. even though the
tain a safe community which cherishes individual freedom." The
effects of the problems are gradually destroying our quality of
mission of the Travis County community justice planning pro-
life. Proposed solutions mostly involve doing more of what
cess is, in turn, to "increase public safety and reduce crime
we've done in the past which we know doesn't work. Crime is a
through coordinated systems of law enforcement, vicum ser-
function of dispirited and croded neighborhoods with little in the
vices, programs and incarceration for both juveniles and adults.
way of either social capital or the hope that comes with it
in full partnership with the community."
Community Justice is an effort to use the opportunities for inter-
This active partnership is attained through myriad working
vention provided by crime and related social dysfunctions as
groups and committees which represent a vertical integration of
tools 10 begin the process of rebuilding the social capital upon
elected and appointed criminal justice officials. service delivery
which community is based.
professionals and private citizens who work together to propose
The goal of community justice is to engage the entire commu-
and develop new programs and initiatives. recommend changes
nity in the effort to rebuild social capital by reweaving the fabric
to improve existing systems, or both. Utilizing trained facilita-
of community. The objectives are: 1) to develop and maintain
tors and structured results-oriented work processes. these work-
collaborative and cooperative relationships among and between
ing groups and committees are generally formed around a specific
entities of government; 2) to establish partnerships among coor-
issue needing attention and are charged with reporting back to
dinated government entities and private enterprise: and. 3) to
the Community Justice Council with proposals for change and
create opportunities for citizen interaction and involvement with
action plans for implementation.
each other, private enterprise, and government entities to ad-
dress issues of crime and related-social dysfunction.
Community Jastice Pilot Program
The community justice pilot program is the cornerstone of our
Program Components
efforts to holistically and comprehensively address the risk-
taking behaviors of low-level drug and property offenders. Its
Each troubled life that comes through our child protective
focus is a community corrections facility located adjacent to 2
service agencies, juvenile halls. jails. courts and prisons is a
high-risk area
broken thread that we cannot afford to leave banging. Nor can
The Community Justice Center initiative seeks to change the
government directly provide the extensive and intensive caring,
status quo by developing innovative and holistic approaches to
tough, personal confrontations, interactions. support networks
correcuing criminal behavior. We believe this can be achieved by
and sheer human involvements upon which behavior change and
improving and increasing the collaborative efforts between indi-
recovery seem significantly to depend Yes every broken thread
vidual citizens, private enterprise, the community. and govern-
is an opportunity for those who are affected by that life to con-
ment to reach high-risk families. youth. offenders, and
nect with it and each other as they come together to deal with the
ex-offenders.
problems presented. Progress toward the goal of rebuilding so-
The community justice pilot program began with citizen in-
cial capital is evidenced by the number and nature of programs
put Citizens helped evaluate and select a site for the Center and
we have developed that bring people together in common effort
are involved in assessing the facility design and programming
between government citizens, and the private sector.
plans. The District Attorney and members of the Commission-
eTS' Court held a series of public hearings to talk about the
The Community Justice Council of Travis County
concept and gain citizen input. Once the site was selected, ap-
- A Structural Model For A Community-Wide Response To
proximately two dozen individual neighborhood meetings were
held to discuss citizen concerns and questions with their county
Crime
Jail and prison overcrowding has resulted in new ideas about
commissioner.
what to do with people who commit crimes. Most of these innova-
While the center is under construction, over 100 community
tions are focused on community-based corrections and involve 2
and private enterprise volunteers are helping county government
change in how we have come to view our criminal justice system.
to develop successful strategies for the transition of offenders
That is what we call the apparatus we use for protection from
from the Center into society. These volunteers are focusing on
crime the criminal justice system- but it is not really a system.
five major areas. housing, employment, continued substance
in reality it is a loose-knit collection of independent, autono-
abuse counseling, life and family skills, and education. These
us offices, agencies, and individuals each with a separate
citizens are developing strategies and identifying needed re-
J duty. The public, who pays for it and for whose safety the
sources to ensure the success of the transition program.
system exists, has not been directly involved in the system since
Everybody involved recognizes that in order LO realize the full
the days when it was each citizen's duty to mount the watch or
continuum of sanctions and services needed to attempt a reduc-
tion in recidivism through radically changing the behavior of
ride in posses.
FROM NDAA/APRI
(TUE) 06. 10 97 13:04/ST. :47/NO. 3560946664 P 43/47
TEXAS PROBATION
Vol. XI. No. 1
8
offenders. we must leverage existing community resources -
The Appropriate Punishment Team is composed of a sheriff
both financial and human. These resources can include in-kind
office jail counselor, a pre-trial services coun officer, a commu-
ervices and contributions from partner agencies as well as vol-
nity supervision and corrections officer. a secretary, a paralegal,
unleers working in a variety of capacities.
a victim/witness counselor, an assistant district attorney, and a
Volunteers are key to a successful and gradual transition of
deputy district clerk. Each member performs a unique function
offenders into the community. Once offenders are released from
within the team, collecting valuable information about the de-
the Community Justice Center. continuing correctional support
fendant which is later shared at a meeting. The members also
is central to preventing repeat offenses. As public dollars be-
bring their individual experience and knowledge within their
come tighter, we cannot look to government funding alone to
field of expertise to the meeting. Utilizing this information and
support such efforts. If community justice is to succeed, each of
insight. 2 recommendation on punishment is formulated for each
us and our institutions-reighborhood centers. churches, schools,
defendant with consideration to public safety, his criminal his-
employers has a role to play in reducing recidivism within our
tory. and his indivídualized needs. (Note: Sec the July 1995 issue
community through commitments of our time. talents. and physi-
of Texas Probation for additional information concerning the
cal and/or programmatic resources.
Appropriate Punishment Team).
In developing the initial proposal for the community justice
pilot program. the Community Justice Council and T2sk Force
SHORT Program
held a joint meeting where each constituent agency was asked to
Drug Abuse/Dependency Program
bring to the table any contributions they might be able to make.
This is a new kind of drag court that treats the offender as an
Over 2 million dollars in in-kind services and 10,000 person
addict rather than as a criminal and strives to reduce drug-law
hours were proposed.
violations by reducing addiction. The judge takes an active,
Community members have already voluntecred many hours
leadership role in treatment. An array of therapeutic approaches
to this effort through service on working groups and committees
and supportive resources (e.g., education and job training) are
developing the concept of the pilot program. selecting the site
provided to make the program responsive to a broad range of
for the Community Justice Center, developing and reviewing the
levels and types of drug addiction. Frequent urinalysis is used to
request for proposals for the facility design and programming
promote the client's self-responsibility. The promise of having
components for the Center, presenting letters of support to the
the charge dismissed when treatment is successfully completed
state for our pilot program. helping with community education
provides a strong incentive for the client to stick with the pro-
nd awareness of the program. and presently by participating on
gram and make the kinds of behavioral changes that lead to a life
ansition teams developing community-based offender transi-
free of drug addiction and crime.
tion components in eleven substantive areas of endeavor.
SHORT is a collaborative effect involving the Austin Police
Another crucial volunteer component is that of the faith com-
Department: Travis County Jail; Municipal Jail; Premial Ser-
munity. We believe behavioral rehabilitation will not occur with-
vices, which is the fiscal and programs administrative entity for
out some son of spiritual change at the person's very core. The
SHORT: the District Artorney: defense attorneys appointed to
local faith community has been and continues to be a highly
the Diversion Court and paid by the District Court; District
active and crucial part of our efforts. This is evidenced by the
Judges; the Municipal Court which provides a courtroom for
involvement of interdenominational faith coalitions, such as
SHORT; Austin-Travis County Mental Health and Mental Rc-
Austin Interfaith. as well as faith-specific leaders such as the
tardation (MHMR) serving as the treatment provider for SHORT;
Catholic Diocese of Austin and Baptist Ministers Union. Addi-
American Institute for Learning and SER Jobs for Progress which
tionally. a group of religious leaders from high-risk crime areas
can provide GED preparation and job training programs for
came together almost two years ago to begin discussions with us
program participants; and, city. county, and state government
on developing a spiritual component for the Center. This group
entities which provide funding for the program. such as the grant
has evolved into an interdenominational team that is now work-
awarded for SHORT by the State's Narcotic Control Program in
ing on the spiritual change component for the center.
October 1994.
Appropriate Punishment Team (APT)
Juvenile Agency Coordinating Committee (JACC)
The Appropriate Punishment Team (APT) is an interagency
In Travis County, as in most jurisdictions, responsibility for
program designed to provide quick and suitable punishment rec-
responding 10 juvenile crime and youth development issues is
ommendations for accused felons incarcerated in the Travis County
spread among various independent agencies and entities which
Jail. The primary goals of the APT program are reduction of future
report to different elected officials or bodies of elected officials.
criminal behavior through the recommendation of sentences ap-
Coordination of effort and the development of collaborative
propriate to the defendant and crime and reduction in the length of
strategies by these agencies are crucial to the provision of an
iail time between an offender's arrest and case disposition.
effective system-wide response to juvenile crime.
APT provides other benefits beyond these goals such as more
The Juvenile Agency Coordinaung Committee (JACC) is a
mplete information on defendants earlier in the justice pro-
standing committee of the Community Juslice Council estab-
cess. the reduction of grand jury workload. the increased partici-
lished to ensure that juvenile justice policies in the Austin/Travis
pation of victims of crime, and improved communication and
County area are coordinated and that intervention strategies are
cooperation between county agencies and members of the crimi-
developed, implemented and monitored as a system-wide col-
nal justice community. It is a collaborative process.
laboration. JACC promotes community-based juvenile programs
FROM NDAA/APRI
(TUE)
06.
10
13:05/ST.
12:47/NO.
3560946664
P
44/47
JOURNAL OF THE TEXAS PROBATION ASSOCIATION
9
Vol. XI, No. 1
and consists of both elected and appointed representatives of
mary interest in the protection of children. The community and
local city. county and state governmental offices. including the
the agencies which deal with child abuse are strongly committed
school board and the juvenile court. JACC's primary purpose is
to a collaborative approach to the problem in order to avoid the
to provide consistent policy oversight and to coordinate the
"revictimization" of children by the system itself and to better
operations of the agencies involved in the juvenile justice sys-
meel their respective mandates.
This revictimization occurs when the child victim is forced to
tem.
tell his or her story over and over again to representatives in each
Neighborhood Conference Committees
agency involved in child abuse investigations. Such interviews
Because of the increase in the number of crimes being com-
often take place in strange and forbidding environments.
mitted by juveniles as well as an increase in the level of violence.
Revictimization is further aggravated when the agency represen-
communities are being called upon to respond to the problem of
tatives do not communicate with one another. The child is often
juvenile crime in a different manner than in the past.
left with the feeling that. since the victimization by the system is
The neighborhood conference committes is 2 project that brings
worse than that which brought them into the system, they made
the juvenile justice system and neighborhood community mem-
a mistake in telling about the abuse in the first place; or worse
hers together in 2 joint effort to resolve problems for certain non-
still. the child tells of the abuse only to be returned to an abusive
violent juvenile offenders. Travis County Juvenile Court focuses
situation.
the vast majority of its resources on repeat and serious felony
To improve the system's response to children. the community
offenders. This results in a lack of timely and meaningful sanc-
and the agencies which deal with abused and neglected children
tions for minor offenders which in turn contributes to the rising
established the Child Protection Team in 1991. With the forma-
number of repeat offenders. Neighborhood Conference Com-
üon of this Team, member agencies and the community made
mittees are an innovative alternative to the formal juvenils jus-
their commiument to collaboration a reality and began to work
tice system that sends certain children back to their own
together on a daily basis. Because of this collaboration, children
neighborhoods for resolution of problem behavior.
are now better served by the system that was put in place to
The Committee process will involve intervention, contract
protect them. The mission of the Travis County Child Protection
and follow-up. In this process the juvenile and his or her parents
Team (CPT) is to more effectively protect the children of this
meet with a panel of community members to discuss problem
community by consolidating the community. investigative, legal
behavior and enter into a contract with the juvenile that outlines
and social services provided by the Travis County District
2 plan for the juvenile to improve his/her conduct. The juvenile
Attorney's Office. Travis County Sheriff's Office, Austin Police
is then monitored by a committee member for completion of the
Department, their respective Victim Services Divisions. the
contract requirements. Depending on compliance, the case can
Travis County Children's Advocacy Center and the Texas De-
bc closed or referred on for formal juvenile court involvement
partment of Protective and Regulatory Services (Child Protec-
tive Services) into one collaborative effort.
Appropriate Corrections Teams (ACT)
All of the above entities work together in the same building
Appropriate Corrections Teams are made up of a prosecutor,
with the exception of the Children's Advocacy Center staff who
police officer. juvenile probation officer, and a citizen volunteer
work at the Center itself. All referrals concerning children in
who would collaborate and devise a corrections plan for a first-
Travis County come into this location and are cross-referred
time juvenile offender.
among agencies. All interviews of children under twelve years
This program is designed to maximize the probability of reha-
of age are conducted at the Center and all the professionals who
bilitation at the time of the first offense. The goal of the Team
are assigned to investigate the case go to the Center and meet
would be to make expeditious and comprehensive recommenda-
prior to and during the interview of the child. Much collabora-
tions for case disposition, including punishment, treatment, or a
tion also occurs at the CPT site between attorneys, law enforce-
combination of the two. The concept would seek to make more
ment officers and caseworkers.
consistent, appropriate use of the resources available to juve-
This collaborative working arrangement has proven to be very
niles and to deter the juvenile from re-entering the system at a
beneficial to the quality of investigations and has led to better
later date. This program would seck to involve the community in
joint decisions with regard to child protection and criminal pros-
the process and provide greater emphasis to the rights of victims
ecution. Without a doubt, one of the greatest benefits is the
and public safety. The sharing of this decision-making also brings
removal of barriers between the entities. After working together
together divergent philosophies of police officers. juvenile pro-
for only 2 short time the walls between the agencies came down
bation officers. prosecutors, and citizens.
and the Child Protection Team actually became one organiza-
tion, not merely a group of its components; it became a synergis-
Travis County Child Protection Team
tic experience where the whole was greater than the sum of its
Child abuse is a significant social issue facing our community.
parts.
in 1994, over 1.300 confirmed cases of abuse and neglea were
investigated is Travis County.
Travis County Children's Advocacy Center
The system for dealing with child abuse in Travis County
The Children's Advocacy Center represents the investment of
consists of a network of government agencies with distinct indi-
the community in the future of its children. The mission of the
vidual mandates under the law but whose collective goal is the
Center is to provide the place where members of the community
protection of children. The community, too, has a distinct, pri-
can show their commitment to our children through community
FROM NDAA/APRI
(TUE) 06. 10' 97 13:05/ST. 12:47/NO. 3560946664 P 45/47
TEXAS PROBATION
Val. XI, No. 1
10
involvement and participation in the intervention, coordination
group working alone can: how and why children are dying in
and delivery of services to children. As a non-profit, facility-
their community.
based community organization governed by an independent
Board of Directors. the Center provides the voice of the commu-
Expected Results and Performance Measures
nity in its efforts to protect children.
The facility serves as a neutral, child-friendly environment for
The expected result of these myriad efforts is an increase in
interviewing children about abuse or neglect Through collabo-
the level of public safety as a result of the rebuilding of our
ration with other Child Protection Team members, the Center
social capital. Each program component tracks unique measures
secks to prevent the re-victimization of the child by the system
to monitor performance against its own stated goals and objec-
by minimizing the trauma surrounding the interview and reduc-
tives. The most commonly used measure among components is
ing the number of times a child must be interviewed. Advocacy
a reduction in the level of recidivism, which is subject to di-
Center counselors conduct forensic interviews of child victims
verse and often conflicting interpretations. The Community Jus-
or witnesses.
tice Council is working to define more global performance
The Center also provides counseling and support services,
measures that will allow us to judge the balance, comprehen-
information and referral for services to families. volunteer ser-
siveness, and efficacy of the community justice model. For ex-
vices, community education and advocacy for children. The
ample, the involvement of more citizens in matters of local
Center is currently providing a place where medical exams.
concern increases the connections between people, which raises
treatment and referrals for follow-up care are provided to vic-
the public's perception of safety, which in turn makes safer
tims by specialists Responsibilities also include facilitating joint
neighborhoods. Comprehensive community justice does not
investigations and interviews among member agencies. coordi-
lend itself to traditional measures of "success" as used in the
nating multi-disciplinary case staffings, assisting with multi-
criminal justice arena.
disciplinary training, and providing case review, case follow-up
The Community Justice Council is embarking on 2 unique
and case tracking. The Center also provides a Court School
exercise to devise more effective measures for the community
program to assist parents and children who are involved in the
justice continuum as a whole, We hope to develop a road map
court system. The Children's Advocacy Center is a full member
that allows flexibility in adapting to changing circumstances and
of the Child Protection Team and collaborates with other mem-
environments. assesses the efficacy of programs in terms of the
bers of the Team as the community representative.
goal of community justice, including an increased feeling of
public safety in the community. and provides us with a strategic
ravis County Child Death Review Team
and reasonable direction as a community for years to come.
The Travis County Child Death Review Team is a multi-
disciplinary panel of professionals including police officers, pros-
Successes and Accomplishments
ecutors, social workers, and medical personnel who come
The result of our efforts is a growing inclusion of community
together to review all deaths of children under 18 occurring in
into a collaborative criminal justice process. These efforts have
Travis County. Its purpose is to improve communication among
paid off for our community with the following accomplishments:
all professionals who may be involved or have an interest in how
From 1993 to 1994, our overall crime rate declined 19%
children are dying in the community in order to improve inves-
in Austin and Travis County, a more dramatic decline
tigations. child protection and prosecution, and help identify
than any other city in Texas or the United States.
preventable child deaths so that appropriate measures can be
The development of an infrastructure for citizen partici-
taken within the community.
pation in criminal justice processes, including a training
The Travis County Team meets for two hours at the Children's
course for lay citizens on criminal justice issues.
Advocacy Center every other month and reviews deaths that
Sponsorship of a serics of community forums to hear
occurred over a specified two month period. The case list for
citizens' concerns about neighborhood crime, which
review is mailed out before each review and Team members
spawned the development and implementation of 2 neigh-
bring all records they have on that child 10 the review meeting.
borhood cleanup program utilizing adult and juvenile
Information on the child and family is shared and discussed at
probationers in partnership with community groups.
the meeting.
Development and implementation of a drug diversion
The Child Death Review Team addresses public education in
coun for Travis County. called the SHORT program.
the area of preventable child deaths. For example, through our
Development and implementation of a process for more
reviews. it was determined that a large number of children in
efficient case management of offenders with mental im-
Travis County were dying as a result of automobile accidents
pairments.
where no safety belts were used. This data caused the Team to
Development and implementation of a request for pro-
launch a public campaign to educate parents and caretakers about
posal ("RFP") and 2 review process for requests submit-
IC importance of the use of safety belts. The Team, in conjunc-
ted by entities for funding of community corrections
on with the Travis County Children's Advocacy Center, put
programs through the local community justice plan.
together a public service announcement 10 address child fatali-
Co-sponsorship of a vear long television series on the
lies from automobile accidents.
community's response to juvenile crime with the local
Through the sharing of information and expertise. this Team
PBS affiliate, utilizing a deliberative discussion model
is uniquely qualified to understand what no single agency or
featuring lay citizens.
FROM NDAA/APRI
(TUE) 06. 10' 97 13:06/ST. 12:47/NO. 3560946664 P 46/47
Vol. XI. No. 1
Participation in the Austin/Travis County Community
Implementation Issues
Task Group on Curfew Options. a grass-roots project
The implementation of community justice has presented our
aimed at developing neighborhood-based prevention and
Community Justice Council with unique issues. Clearly. re-
sanctioning options for curfew violators.
sources are an issue with any new initiative. as they are with any
Development of recommendations for improvements in
traditional response to crime. However, we have sought to lever-
the local juvenile justice system
age the resources of the community through in-kind contribu-
Ongoing development and implementation of correctional
Lions and volunteer time.
systems, law enforcement and judicial components to the
A second issue we have faced has been the buy-in to the
city's graffiti abatement program.
process of all kcy stakeholders. Most are elected officials with
Responding on a continuous basis to local. state and na-
their own, but overlapping. constituencies. While all key stake-
tional requests for provision of technical assistance and
holders are on board with the process. we continue to seek ways
training on collaborative community organization and
to balance the accountability of elected officials and funding
mobilization models in community justice.
responsibilities among jurisdictions such as the school district.
Leading the effort to amend legislation mandating the
the state. the city. and the county.
addition of 2 victims' rights advocate 10 community jus-
tice cask forces across the state.
Conclusion
Attaining designation of Travis Country bv the State as
the site for a community justice nilor program, utilizing
We are beginning to SEE signs of other communities wanting
our new state jail facility for the cornerstone of the pilot,
to replicate our Community Justice Council structure. Such rept
the Community Justice Center.
lication requires the buy-in of key stakeholders coupled with an
In addition, our Community Justice Council serves as a model
investment of resources at the front end. Despite these chal-
for other counties in Texas. No other council is as active or
lenges, we have managed to achieve an initial level of collabora-
inclusive as Travis County- We continually have an average of
tion and cooperation between government. private enterprise,
about 26 community-based groups working on various issues
and community primarily within existing resources. The stakes
that will ultimately reweave the fabric of our society.
are high in this effort: they amount to the level of domestic
We are pioneering the collaboration between juvenile and
tranquility we will pass on to our children. We believe the pay-
adult systems to more effectively deal with rising juvenile crime
off in the long run will far outweigh any costs up front.
Rather than differentiating between the two, we see OUT juvenile
nd adult systems as one seamless system responding to the one
ommunity problem of crime.
FROM NDAA/APRI
(TUE) 06. 10 97 13:06/ST. 12:47/NO. 3560946664 P 47/47
INCOMPLETE DIAL MESSAGE
AS OF JUN 10 '87 13:14
%
*
THIS DOCUMENT WAS NOT SUCCESSFULLY SENT TO
*
7
COMMAND #235
2024587431
"
*
FAX
Date
06/10/97
Number of pages including cover sheet
TO:
Mary Smith
FROM:
Helka Granckore, PhD., Director,
Domestic Policy Comell
Management and Program
Room 213 1/2
Development
American Prosecutors Research
Instinute
99 Caral Conter Plaza, #510
Phone
202-456-3371
Alexandra VA 22314
Fax Phone
202-456-7431
CC'
Phone
703-519-1647
Fax Phone
703-549-6259
REMARKS:
Urgens
X
For your review
Reply ASAP
Please Comment
Mary, the following pages describe some of the most developed community prosecution efforts established in the US. I am
also including a short article Chrd is about to be published in "State Government". Call me if you need any additional
information. Helks
( need
/
Joan this paxed
ASAP this
s the white Cons
Her
MEMORANDUM
TO:
TOM FREEDMAN
gosteenn
FROM:
MARY L. SMITH
RE:
COMMUNITY PROSECUTORS
DATE:
JUNE 3, 1997
SUMMARY
Instead of locating prosecutors in a centralized, downtown office, prosecutors are
stationed in specific neighborhoods to work with the residents to deal with crime issues in
innovative ways. Rep. Rod Blagojevich (D-IL) has introduced H.R. 863 entitled the "The
Community Prosecutor Act of 1997" which would create a $10 million national pilot program to
fund "community prosecutors." [Chicago Tribune, 2/9/97 & H.R. 863]
COMMUNITY PROSECUTORS
Community prosecutors are assigned to specific areas in communities in order to work
with police and civic groups to deter crime. Community prosecutors work on any case that arises
in their assigned area rather than on a specific type of case such as homicides. Because they are
involved in all aspects of crime in one geographic area, these prosecutors are able to understand
the fabric and overall makeup of the community better. These prosecutors also focus more on
preventing crime than traditional prosecutors. They may work with community groups in order to
implement innovative strategies to address community crime problems like graffiti.
STATISTICS AND SUCCESS STORIES
Boston: Residents and merchants see an improved quality of life and feel safer on
the streets. Since community prosecution began in East Boston three years ago,
the overall crime rate has dropped 25%, car thefts are down 52%, and prostitution
is down 80%. Prosecution rates are up close to 90% of offenders arrested
through East Boston Safe Neighborhood Initiative Activities (SNI) in 1996 were
prosecuted. Through the Community-Based Juvenile Justice Program, other
prosecutors lead discussions with middle and high school officials to identify and
assist at-risk youths. [Boston Herald, 2/23/97 & ABC World News Tonight,
5/08/97]
Howard County, MD: Residents have seen results with improvements such as
clearing a vacant lot of drinking and drug dealing by declaring it as "open space,"
meaning it had to close at 10 p.m. [Washington Post, 5/04/97]
1
Washington, D.C.: In Northeast Washington, U.S. Attorney Eric H. Holder, Jr.,
set up a community prosecution pilot program last year. Cases have ranged from
serious crimes such as murder to nuisances such as abandoned automobiles and rat
infestation. In one neighborhood, prosecutors cracked down on youths shooting
at one another by charging some of the youths but also by bringing in their mothers
for a stern lecture.
RELATION TO COMMUNITY POLICING
Community prosecution is sometimes adopted as an adjunct to community policing (as in
New York City), and sometimes by itself (as in Portland, Oregon, and Austin, Texas).
LOCATIONS OF COMMUNITY PROSECUTORS
Austin, TX
Boston, MA
Brooklyn, NY
Cambridge, MA
Chicago, IL
Denver, CO
Howard County, MD
Indianapolis, IN.
Kansas City, MO
Milwaukee, WI
New York, NY
Portland, OR
Washington, D.C.
2
Chicago Tribune
February 9, 1997 Sunday, CHICAGOLAND FINAL EDITION
SECTION: METRO CHICAGO; Pg. 3; ZONE: C; D.C. Journal.
LENGTH: 811 words
HEADLINE: BLAGOJEVICH TAGS 'COMMUNITY PROSECUTING' AS ANTI-CRIME
WEAPON
BYLINE: By Mike Dorning and Mary Jacoby, Washington Bureau.
DATELINE: WASHINGTON
BODY:
Chicago's Rod Blagojevich may be building a political career on spray paint.
The Chicago Democrat is beginning his freshman congressional term by
returning to the same issue he says occasioned his first meeting with Ald. Dick
Mell (33rd), his future father-in-law and political sponsor.
That's graffiti.
Turns out that when Blagojevich was a young prosecutor in the Cook County
state's attorney's office, Mell came to that office to make sure Blagojevich and
the other prosecutors took seriously graffiti-painting incidents in the 33rd
Ward.
Blagojevich says he did, And, apparently, he still does.
The congressman is now working on legislation for a $10 million national
pilot program to fund "community prosecutors" who would be based in
neighborhoods and devote themselves to prosecution of "quality of life" crimes
(graffiti, for example).
Blagojevich calls it "the prosecution equivalent of community policing."
The idea is for prosecutors stationed within neighborhoods to work with
residents to target minor nuisances that disrupt the community.
It draws on the recent fashion in the law enforcement community to focus on
the "broken windows" phenomenon: Just as unrepaired broken windows on a building
tend to draw further acts of vandalism, undeterred acts of petty crime create a
disorderly atmosphere that fosters more dangerous criminal acts.
Two Harvard University academics wrote an influential article pointing this
out during the early 1980s--just about the same time Ald. Mell, sans Ph.D., was
lecturing the young prosecutors.
Bill Tracking Report
105th Congress
1st Session
U.S. House of Representatives
HR 863
1997 Bill Tracking H.R. 863; 105 Bill Tracking H.R. 863
COMMUNITY PROSECUTOR ACT OF 1997
<=|> Retrieve full text version
DATE-INTRO: February 27, 1997
LAST-ACTION-DATE: April 29, 1997
STATUS: Referred to committee
SPONSOR: Representative Rod Blagojevich D-IL
TOTAL-COSPONSORS: 7 Cosponsors: 7 Democrats / 0 Republicans
SYNOPSIS: A bill to establish or expand existing community prosecution program.
ACTIONS: Committee Referrals:
02/27/97 House Judiciary Committee
Legislative Chronology:
1st Session Activity:
02/27/97 143 Cong Rec H 699 Referred to the House Judiciary Committee
04/29/97 143 Cong Rec H 1988 Cosponsor(s) added
BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
Short title as introduced :
Community Prosecutor Act of 1997
CRS Index Terms:
Criminal justice
Budgets
Citizen participation in crime prevention
Community organization
Crime prevention
Evaluation research (Social action programs)
Federal aid to law enforcement agencies
Government information
Government paperwork
Prosecution
Social services
CO-SPONSORS:
Added 04/29/97:
Delahunt D-MA
Kind D-WI
Lipinski D-IL
McGovern D-MA
Underwood D-GU
Weygand D-RI
Yates D-IL
FULL TEXT OF BILLS
105TH CONGRESS; 1ST SESSION
IN THE HOUSE OF REPRESENTATIVES
AS INTRODUCED IN THE HOUSE
H. R. 863
1997 H.R. 863; 105 H.R. 863
<=1> Retrieve Bill Tracking Report
SYNOPSIS:
A BILL To establish or expand existing community prosecution programs.
DATE OF INTRODUCTION: FEBRUARY 27, 1997
DATE OF VERSION: MARCH 3, 1997 -- VERSION: 1
SPONSOR(S):
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on the Judiciary
TEXT:
*
Be it enacted by the Senate and House of Representatives of the United*
States of America in Congress assembled,*
SECTION 1. SHORT TITLE:
This Act may be cited as the "Community Prosecutor Act of 1997"
SEC. 2. GRANT AUTHORIZATION.
(a) IN GENERAL.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT, AND
INDIAN TRIBAL
PROSECUTORS TO ESTABLISH OR EXPAND EXISTING COMMUNITY PROSECUTION
PROGRAMS, INCLUDING HIRING AND TRAINING PROSECUTORS FOR SUCH
PROGRAMS.
(B) EQUITABLE DISTRIBUTION-THE ATTORNEY GENERAL SHOULD ENSURE, TO
THE
EXTENT POSSIBLE, THAT GRANTS AWARDED UNDER THIS ACT ARE DISTRIBUTED
EQUITABLY BETWEEN URBAN AND RURAL COMMUNITIES.
SEC. 3. ELIGIBILITY.
(a) IN GENERAL.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS ACT, STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT AND
INDIAN TRIBAL PROSECUTORS MAY APPLY FOR AN AWARD TO ESTABLISH OR
CONTINUE EXISTING COMMUNITY-ORIENTED PROSECUTION PROGRAMS.
(B) APPLICATION.-TO APPLY FOR A GRANT, AN INTERESTED ELIGIBLE ENTITY
SHALL SUBMIT AN APPLICATION TO THE ATTORNEY GENERAL IN SUCH FORM AS
THE ATTORNEY GENERAL SHALL PRESCRIBE BY REGULATIONS OR GUIDELINES.
(C) CONTENTS.-EACH APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE OBJECTIVES, AND NEED, INCLUDING PUBLIC SAFETY, FOR A GRANT
AWARD.
(2) A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION PLAN.
(3) CERTIFICATION OF COORDINATION AND SPECIFIC COMMITMENTS BY THE
COMMUNITY TO BE SERVED BY THE GRANT TO PARTICIPATE IN A PROGRAM
DESCRIBED UNDER PARAGRAPH (2).
(4) A DESCRIPTION OF THE GEOGRAPHICAL AREA TO BE SERVED.
(5) IDENTIFICATION OF RELATED INITIATIVES WHICH WILL COMPLEMENT OR
BE COORDINATED WITH A PROGRAM FUNDED UNDER THIS ACT.
(6) AN ASSURANCE THAT FUNDS RECEIVED UNDER THIS ACT WILL BE USED TO
SUPPLEMENT NOT SUPPLANT OTHER FEDERAL FUNDS.
SEC. 4. USES OF FUNDS.
(a) IN GENERAL-FUNDS PROVIDED UNDER THIS ACT MAY BE USED TO HIRE
STAFF, PROCURE EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS OR PAY
OVERTIME IN THE ESTABLISHMENT OF COMMUNITY-ORIENTED PROSECUTION
PROGRAMS IF THE ELIGIBLE ENTITY CAN DEMONSTRATE TO THE SATISFACTION
OF THE ATTORNEY GENERAL THAT THE EXPENDITURES WOULD RESULT IN A
SUCCESSFUL REDUCTION IN CRIME.
(B) LOCAL MATCH.-THE FEDERAL SHARE OF A GRANT MADE UNDER THIS ACT
MAY NOT EXCEED 75 PERCENT OF THE TOTAL COSTS OF THE PROGRAM
DESCRIBED IN THE APPLICATION SUBMITTED PURSUANT TO SECTION 3(B). THE
ATTORNEY GENERAL MAY WAIVE, IN WHOLE OR IN PART, THE REQUIREMENT OF
A MATCHING CONTRIBUTION AND MAY CONSIDER IN-KIND CONTRIBUTIONS,
FAIRLY VALUED, IN LIEU OF THE LOCAL MATCHING REQUIREMENT. SEC. 5.
EVALUATIONS.
(a) IN GENERAL.-EACH PROGRAM OR PROJECT FUNDED UNDER THIS ACT SHALL
CONTAIN A MONITORING COMPONENT DEVELOPED PURSUANT TO GUIDELINES
ESTABLISHED BY THE ATTORNEY GENERAL, INCLUDING THE IDENTIFICATION
AND COLLECTION OF DATA REGARDING THE ACTIVITIES AND ACCOMPLISHMENTS
OF THE PROGRAM OVER THE LIFE OF THE GRANT AWARD. THE ATTORNEY
GENERAL MAY REQUIRE GRANT RECIPIENTS TO SUBMIT WRITTEN REPORTS
WHICH DESCRIBE THE MONITORING PROCESS AND EVALUATION RESULTS.
(B) INFORMATION ACCESS.-THE ATTORNEY GENERAL SHALL HAVE ACCESS TO
ANY PERTINENT DOCUMENTS OR RECORDS RELATING TO THE PROGRAM FOR THE
PURPOSES OF EVALUATION AND AUDIT.
(C) REVOCATION OR SUSPENSION.-IF THE ATTORNEY GENERAL DETERMINES, AS
A RESULT OF THE REVIEWS DESCRIBED IN THIS SECTION, THAT A GRANT
RECIPIENT IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE TERMS AND
REQUIREMENTS DESCRIBED IN THIS ACT, OR WITH THE REGULATIONS ISSUED BY
THE ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY REVOKE OR SUSPEND
GRANT FUNDING, IN WHOLE OR IN PART AFTER OPPORTUNITY FOR A HEARING.
SEC. 6. STUDY.
Not more than one percent of the funds appropriated to carry out this
Act shall be directed to the Attorney General to finance a study
evaluating grants made under this Act. At a minimum, this study shall
include the following:
(1) The number of grant awards made and the amount of each grant.
(2) The recipients of grants, including the communities in which
they are based.
(3) The purposes for which the grants were awarded and used.
(4) An evaluation of the achievement of each recipient's stated
goals and objectives.
(5) An assessment of the effect the program had in encouraging and
supporting coordinated community action against crime.
(6) Specific recommendations for further funding for each grant
recipient.
(7) Specific recommendations for future operations of the grant
program and its guidelines.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
The Boston Herald
February 23, 1997 Sunday FIRST EDITION
SECTION: EDITORIAL; Pg. 023
LENGTH: 1099 words
HEADLINE: Prosecutors play hardball - With citizens, police and courts working
together, crime drops dramatically
BYLINE: By Catherine Coles and George L. Kelling
BODY:
Crime levels are dropping in Boston at a remarkable rate. The reductions in
violent juvenile crime since 1990 (juvenile homicides down 80 percent) and
during 1996 (no firearm murders of juveniles) are stunning achievements. The
Police Department is deservedly receiving praise for its creative efforts, all
the more noteworthy when only four years ago the St. Clair Commission excoriated
the department for its inability to plan and implement community policing.
Yet more is happening in Boston than dramatic changes in policing: A
parallel, if unrecognized, revolution is taking place in prosecution.
On a May 1995 weekend, when police undertook the first so-called zero
tolerance sweep against prostitution, public drinking, disorderly conduct and
quality of life crimes in East Boston's Safe Neighborhood Initiative, Assistant
District Attorney David Coffey was there. Coffey had worked with citizens and
police for months to plan the initiative - with the district court presiding
judge to handle anticipated arrests - and was committed to prosecuting the
resulting cases.
About 50 arrests were made. By Sunday, police were picking up word on the
streets - offenders knew something was happening and were lying low. And the
police were amazed that Coffey had worked alongside them on Friday and Saturday
nights, not just in the courtroom but on the streets and in the station.
Coffey is not alone. Other prosecutors are moving out of their offices and
courtrooms, into the streets of Dorchester, Roxbury and Chelsea, to collaborate
with citizens, to address local priorities and problems. Adopting a
problem-solving orientation - rather than concentrating solely on processing
cases involving crimes already committed - represents a return to an earlier
historical era for American prosecution.
Historian Allen Steinberg provides rich accounts of 19th-century century
private prosecution in which poor and working-class citizens turned to
prosecution to settle disputes, maintain order and protect themselves, bringing
to the criminal courts their disputes over everything large and small - noisy
nuisance charges between tenants, disorderly conduct, the dissolution of
business contracts, larceny, and assault and battery.
During the second half of the 19th century, with the creation of professional
police forces and their broad powers of arrest, state prosecutors assumed
increasing responsibility for dealing with the cases brought to them by the
police. Citizens began to lose direct access to criminal justice processes - a
trend that grew stronger during the 20th century, with greater
professionalization in the roles of police and prosecutors.
Today the watchword is "community prosecution." Taking its cue from citizens
themselves, and from community policing, community prosecution emphasizes crime
prevention as well as enforcement, and quality of life issues in addition to
violent crime. Community prosecutors lead in building coalitions with police,
other criminal justice agencies, elected officials, community organizations,
local businesses, schools, churches and residents - and then work as part of a
team to develop strategies, identify and obtain resources, and assume joint
responsibility for improving public safety.
Most use problem solving to aggressively prosecute habitual and violent
offenders, while forming community-based partnerships to develop diversion,
treatment, mediation, and community service or restitution options in which both
offenders and the community are better served by rehabilitation or swift
punishment than they are by incarceration.
In Boston, Suffolk County District Attorney Ralph Martin and Massachusetts
Attorney General Scott Harshbarger have created several Safe Neighborhood
Initiatives, placing prosecutors such as David Coffey in target neighborhoods
where they get to know residents and crime problems. They meet with crime watch
groups, neighborhood associations and citizen advisory councils. They prosecute
cases from the area and, along with citizens, police, corrections and probation
officials, plan law enforcement and other efforts to prevent or reduce crime -
from sting operations to mediation, elderly safety education, youth activities,
alcohol abuse programs and a host of others.
The results are convincing: Residents and merchants see an improved quality
of life on streets they feel are safer, and crime has decreased significantly
(down 18 percent in East Boston in 1996). Prosecution rates are up - close to 90
percent of offenders arrested through East Boston SNI activities in 1996 were
prosecuted.
Through the Community Based Juvenile Justice Program, other prosecutors lead
discussions with middle and high school officials to identify and assist youth
at risk to themselves; in the courtroom they prosecute more resistant juvenile
offenders to protect other students and the community. Upcoming plans call for
placing assistant district attorneys directly in neighborhood police stations
around the city to coordinate their activities closely with police.
Community prosecution is producing important outcomes nationwide. In Austin,
Texas; Kansas City, Mo.; Indianapolis, Ind.; and Portland, Ore., it is helping
to reverse the alienation of citizens from criminal justice processes,
rebuilding a sense of responsibility and involvement for maintaining safety in
their own neighborhoods - a change that in the long run is likely to do more for
our cities than any actions by police or prosecutors.
Prosecutors are affecting crime rates and the quality of life in their
communities. They possess legal knowledge required by police and citizens. They
have access to judges and courts, and carry the ball beyond the arrest stage,
prosecuting low-level offenses and violent crimes. Because they are elected,
prosecutors are the only criminal justice officials directly accountable to the
public. Without prosecutors on board, reductions in crime around the country
cannot be sustained; with their leadership, we may not yet have seen the full
extent of what can be achieved to restore order and reduce crime in our
neighborhoods.
Catherine Coles and George Kelling, co-authors of "Fixing Broken Windows,"
are completing a National Institute of Justice study of community-based
prosecution and policing in Boston, Austin, Kansas City and Indianapolis. Coles
is an urban anthropologist, lawyer and research associate at the Kennedy School
of Governnient, Harvard University. Kelling is professor of criminal justice at
Rutgers University and a research fellow at the Kennedy School.
LOAD-DATE: February 26, 1997
ABC NEWS
SHOW: WORLD NEWS TONIGHT WITH PETER JENNINGS (6:30 pm ET)
MAY 8, 1997
Transcript # 97050807-j04
TYPE: PACKAGE
SECTION: NEWS
LENGTH: 688 words
HEADLINE: SOLUTIONS
BYLINE: JAMES WALKER, PETER JENNINGS
HIGHLIGHT:
NEIGHBORHOOD PROSECUTOR TACKLES CITIZENS COMPLAINTS
BODY:
ANNOUNCER: World News Tonight with Peter Jennings continues. Now, "Solutions."
PETER JENNINGS: Our focus tonight is on crime. The big story lately has been
that the crime rate in many cities has been going down. Some of the credit goes
to a change in the way police are operating, going back to the way police used
to do their jobs -- walking a beat, spending real time in neighborhoods,
becoming a part of it in essence.
Tonight, ABC S James Walker reports on a community which has taken that
personal approach one step further.
JAMES WALKER, ABC News: (voice-over) East Boston has a very unusual tool for
fighting crime -- its own neighborhood prosecutor, John Pappas (ph).
JOHN PAPPAS, Prosecutor: He S being held on $20,000 cash bail.
JAMES WALKER: (voice-over) He meets regularly with citizen S groups to heartheir
concerns, not so much about major crimes but what affects them every day,
like graffiti, loitering or underaged drinking.
EAST BOSTON CITIZEN: I know that he is past. You could stand right out in the
square here and just watch him walk by carrying the cases of liquor.
JAMES WALKER: (voice-over) Pappas takes the citizens complaints to a special
task force of local judges and police who develop an immediate strategy to solve
their concerns.
POLICE DETECTIVE: There he goes.
JAMES WALKER: (voice-over) And detectives follow up with a sting operation,
sending a 20-year-old police cadet into East Boston S liquor stores.
POLICE DETECTIVE: It S a score. He S underaged. You failed to check his
identification to see the correct age.
JAMES WALKER: (voice-over) In addition to issuing the usual summons, police will
also file a criminal complaint, and the prosecutor will give it extra attention.
In court, prosecutor Pappas consistently reflects the community S priorities.
For example, a small marijuana case -- too small to keep the defendant in jail ntil he S tried.
But Pappas gets him out of the community immediately.
JOHN PAPPAS: I wanted to ask that he stay away from that area for the pendency
of this case, Your Honor.
JUDGE: A condition of your release, sir, you will remain away from that
particular area where you were arrested.
CATHERINE COLES, Harvard University: You can see immediate problems being
solved. You know, a single, troublesome individual gotten off the street, out
of the neighborhood due to the combined efforts of prosecutors and citizens and
police all working together.
JAMES WALKER: (on camera) The idea of vigorously prosecuting so-called quality
of life crimes such as public intoxication or loitering is just starting to be
adopted by prosecutors across the country. What they are realizing is that by
addressing residents complaints, they not only build a partnership with
communities, they also stop small crimes before they turn into more serious
offenses.
(voice-over) Since this partnership again in East Boston three years ago, the
overall crime rate has dropped 25 percent. Car thefts are down 52 percent;drugs, 56 percent;
and prostitution, a stunning 80 percent.
FRAN RILEY, East Boston Resident: You can walk our streets now. It S safe. I
can out with my granddaughter now, you know, walk around, whereas a couple of
years back, it was getting kind of nasty.
MARTIN COUGHLIN, East Boston Resident: You don t see a drug dealer around.
You can look around. There S nobody here.
JAMES WALKER: (voice-over) Neighbors point with pride to East Boston S central
square. A few years ago, it was a haven for drunks and drug dealers. Now, it
again belongs to the people. James Walker, ABC News, East Boston,
Massachusetts.
PETER JENNINGS: This concept is still pretty new. But several other cities are
trying it, including Kansas City, Indianapolis, Portland, Oregon, and Austin,
Texas.
The Washington Post
May 04, 1997, Sunday, Final Edition
SECTION: METRO; Pg. B01
LENGTH: 1059 words
HEADLINE: Howard County Seeks to Erase Graffiti, Other Quality-of-Life Crimes
BYLINE: Fern Shen, Washington Post Staff Writer
BODY:
Someone had spray-painted the letters "SPC" all over a convenience store in
the suburban Howard County community of Columbia. Big deal. It's the kind of
obnoxious-but-low-level crime that is usually handled in District Court, along
with minor traffic infractions.
But the alleged graffiti writer was linked to other graffiti -- on a high
school scoreboard, highway overpasses, an 18-wheeler. His home was searched.
Evidence was seized. SPC was said to stand for "Satan's Perfect Child."
Christopher Falk, 23, of Columbia, was arrested and charged with 16 counts of
malicious destruction. This month, he faces a jury trial in Circuit Court. Why
the tough treatment?
Because the crime is precisely the kind of quality-of-life diminisher
targeted by the "community justice" program, established last year by the
state's attorney's office in Howard County and by an increasing number of
prosecutors nationwide.
Those prosecutors focus on crimes that "really stick in people's craws," said
Sang W. Oh, a prosecutor in the Howard County state's attorney's office.
Such programs have been criticized by defense attorneys as overkill, showy
public relations gestures that divert resources from serious crimes.
"Why don't they concentrate on rapes and murders?" said Falk's attorney,
William Hale, of Silver Spring. "They acted like the Gestapo; they treated him
like a war criminal. It's ridiculous."
But petty crimes are not so easily dismissed by the people victimized by
them, said Oh, one of two assistant state's attorneys assigned to the new Howard
County program.
"I don't know any one of my neighbors who have been raped or murdered, but I
know plenty whose mailboxes got run over, who had sleds stolen from the back
yard or whose cars got hit by kids who were drinking," Oh said.
Modeled after the community policing concept and often referred to as
"community prosecution," the programs place prosecutors in neighborhoods to
listen to residents' complaints about vandalism, threatening behavior,
small-time drug trafficking, petty theft and similar crimes.
"This is how prosecutors will work with communities in the future," said
State's Attorney Marna McLendon (R), who initiated the program on a pilot basis
in two Columbia villages, Harper's Choice and Wilde Lake.
Prosecutors have been logging long hours at neighborhood meetings and in the
schools, because juveniles are involved in many of the crimes they confront.
Similar programs have been established in the District; Chicago; New York;
Kansas City, Mo.; Cambridge, Mass., and many other cities, where residents and
law enforcement officials have struggled to find a more effective way to combat
"nuisance crimes."
"What you're seeing is the prosecutors redefining their roles a little bit,
so that they're not just responsible for responding to crimes, for processing
cases, but more for preventing crime," said Heike Gramcow, director of
management and program development for the American Prosecutors' Research
Institute, the research arm of the National District Attorneys Association.
The prosecutors who run a six-year-old program in Portland, Ore., say the
community has seen results as they closed crack houses and helped neighborhoods
get the speed bumps they wanted.
In Northeast Washington, where U.S. Attorney Eric H. Holder Jr. set up a
community prosecution pilot program last year, cases have run the gamut from
serious crimes, such as murders in particular neighborhoods, to nuisances, such
as abandoned automobiles and rat infestation.
"We're trying to be there for people, but also to give people a sense [of],
'This is your neighborhood; you've got to tell us what's going on,' said
Brenda Johnson, deputy chief of the District's community prosecution section.
In a neighborhood plagued by youths shooting at each other, prosecutors
cracked down, partly by charging some of the youths but also by bringing in
their mothers for a stern lecture, Johnson said. In another instance, Johnson
recalled, she helped an elderly woman complaining about a trashed-filled lot by
calling up the property owner and lambasting her for her negligence.
"We do a lot of that -- shaming people into doing right," Johnson said.
In the same way, Oh, in Howard County, is looking for a low-key but more
effective way to deal with a knife-carrying homeless man who has been
intimidating shoppers at one of the village centers.
"My first move will be to try and get the liquor store there to stop selling
him liquor. If he doesn't stop, I could get the other merchants there to lean on
him," Oh said. Prosecutors also might also seek addiction services for the man
or get his family involved, Oh said.
Columbia residents came up with a solution themselves in the case of a vacant
lot where people were gathering to drink and deal drugs: They circulated a
petition to have the lot legally designated as "open space," meaning it had to
close at 10 p.m. Oh researched the procedure in the law books and pushed their
proposal through all the necessary agencies. Now police can force people off the
lot after hours and ticket violators.
"Being in the position I was," Oh said, "I could grease the skids."
Oh's efforts in the graffiti case, however, seem overly harsh to Christopher
Falk's relatives, who say the county is making him "a scapegoat."
"They decided to add all the graffiti in Columbia to his case," said Falk's
mother, Geraldine Falk, whose son lives with her. "I don't even know if he did
it or not. But do they really have to go to such an extent for something so
minor? I think they just don't have enough to do."
Oh, however, said his efforts are meant to send "a strong message of
deterrence."
"We want it understood this [graffiti] will not be tolerated," he said.
"That's a sentiment that I got loud and clear from the community."
Ordinarily, such a case would have remained in District Court, Oh said, where
an offender probably would receive a suspended sentence or probation before
judgment, meaning the person would not have a criminal record.
Oh, however, plans to seek sizable restitution and some "more appropriate
punishment."
"The things I'm hearing people talk about are old-fashioned punishments, like
making the person go out and repaint where they'd painted," Oh said. "I like the
sound of that."
LANGUAGE: ENGLISH
LOAD-DATE: May 04, 1997
Seeking to M ake Them Safer, Prosecu ors I it t le Streets in NE
By Bill Miller
cure for crime, their work is winning
U.S. Attorney Mary Lou Leary has asked
have given more attention to the conditions
-Abrahams works out of a satellite office at
Washington Post
from neighborhood leaders.
Congress to provide $5.8 million' for 39
that make some neighborhoods more vulner-
the 5th District station, in the 1800 block of
think it has a lot of potential, said Sally
additional lawyers and 35 support staff to
able to crime: abandoned houses, broken
A small team of prosecutors is spending as
Bladensburg Road NE, as does Assistant U.S.
Byington, a Capitol Hill resident and commu-
handle community prosecutions citywide.
street lights, vandalism and loitering
much time in the community as in the
nity activist. "I hope It gets to continue to be a
Attorney Stephanie G. Miller. Like Abra-
"Our core mission still is successful prose-
They've worked with neighbors, police and
courtroom, working with neighborhood resi-
city model.
hams, Miller has found the new duties a
cution. We haven't lost sight of that," Leary
various city agencies.
dents in Northeast Washington to target car
Former U.S. attorney Eric H: Holder Jr.,
said. "But prosecutors also welcome the
challenge
"Stolen cars, abandoned cars, vacant
thieves, drug dealers and owners of long
who left office six weeks ago to become deputy
opportunity to interact more with the com-
She has devoted much of her
houses where people are using drugs, trash
to
abandoned buildings.
U.S. attorney general, launched the program
munity, to work on the prevention end and be
problems, general criminal complaints. It's a
tracking the owners of neglected properties,
The 19 lawyers are part of a community
amid much fanfare 15 months ago as a way to
out front"
totally different job," said Assistant U.S.
trying to get grass cut on abandoned lots and
prosecution effort begun last year in the D.C.
bring his lawyers closer to the people they
The 5th District, a bustling area with about
Attorney Denise M. Abrahams "It's been
developing leads on than sensational
police department's 5th District, a pilot pro-
represent. It was patterned after similar ven-
100,000 residents, long has been plagued by
very rewarding. After getting a house board-
crimes, such as the siphoning of diesel fuel
gram in which the prosecutors deal with
tures in Portland, Ore., and other cities.
homicides, robberies and other crimes. Pros-
ed up, you have people calling and saying
from delivery trucks.
everything from serious crime to nuisance
Holder said he hoped eventually to expand
ecutors have continued to give priority to
thank you. To them, it's a major, major
The other prosecutors on the team
complaints Although no one is calling it a
the program into all police districts. Interim
those cases. But in the last year, they also
improvement in their quality of life
See POLICE, Page 3, Col. 1
THURSDAY, SEPTEMBER 11, 1997 D.C. 3
THE WASHINGTON POST
Community prosecutors
Prosecutors Praised for Joining Police on the Beat in Northeas
Heapby
three
houses
on
his)
street-the
unit
Assistant U.S. Attorney Timothy J. Hea
person
Et
into
the
whole
fabric,
originates there, ranging from drug related
block of Rhode Island Avenue boarded
POLICE, From Page
phy. who covers Lincoln Park and nearby
said.
killings to car thefts.
neighborhoods, said he has been more
Police Capt. Ross E. Swope said he had
up after repeated complaints about drug
out of the main U.S. attorney's office but
The initiative is an offshoot of community
effective questioning suspects and building
doubts about the prosecutors resolve when
dealing and other activities. He said he
spend much of their time on the streets with
policing. a law enforcement philosophy that
Holder announced the program last year.
stunned by the quick response from Asste
police officers and residents. Their supervi-
calls upon officers to help improve ever yday
"Tve dealt with bureaucracies my whole
tant U.S. Attorney Mark J. Carroll and oth-
sors; Clifford T Keenan and Brenda John
conditions
career," he said. "It starts out with a bang,
era.
son, encourage them to attend community
Police Chief Larry D. Soulsby recently
"It'sa major, major
and then, three weeks later, Where's the
"We'd all gotten in the mentality of not
meetings, meet merchants and mingle as
reorganized his department to put more
"
meat? But this continued to evolve.
expecting anybody to be accountable," said
much as possible.
officers on the streets with their own narrow-
defined geographic areas, known as patrol
improvement.
Swope said his officers used to encounter
Hartzell, a leader of the Bloomingdale Civic
Most of the prosectitors in the U.S. attor
resistance from the U.S. attorney's office
Association. "He [Carroll] is accountable. He
service areas. In the 5th District, the prose
Denise M. Abrahama,
assistant U.S. attorney
when arresting people for lesser crimes.
called back, and he came here on his
ney's office follow a more traditional ap
proach, drawing cases from across the city.
cutors not only work with the same residents
Now, he said, prosecutors appreciate the
time and gave out business cards. He
They have specialties, handling cases such as
daily but now they also work with the same
need to deal with social and physical disor
down some drug markets.
officers. They have helped train the police in
cases because he now knows the key play
ere in the drug and car theft trade! 7 never
der. It's a completely different culture with
"It was the only thing that ever got
homicides, robberies, sex offenses, domestic
assaults and misdemeanors. In the 5th Dis
ways to make cases stronger, and the police
realized before when 1 would get a file
the community prosecutors, he said:
about all the swful stuff in my neighbor
trict, prosecutors are given a specific neigh
in turn have helped show the prosecutors
tdropped on my desk in a drug case how that
Dennis J. Hartzell said prosecutors helped
bood.
borhood and nearly every kind of case that
where the trouble spots are
190/82
cert
Community Prosecutors
Idea: Instead of locating prosecutors in a centralized, downtown office, station prosecutors
within neighborhoods to work with residents to target minor nuisances that disrupt the
community. The idea draws on the law enforcement community's focus on the "broken
windows" phenomenon: Just as unrepaired broken windows on a building tend to draw further
acts of vandalism, undeterred acts of petty crime create a disorderly atmosphere that fosters
more dangerous criminal acts.
Notes:
1. Freshman Democrat, Rod Blagojevich, has introduced H.R. 863, "The Community
Prosecutor Act of 1997." The bill creates a $10 million national pilot program to fund
"community prosecutors" who would be based in neighborhoods and devote themselves to
prosecution of "quality of life" crimes, such as graffitti, minor theft and prostitution. [Chicago
Tribune, 2/9/97 & H.R. 863]
2. Many observers have partly attributed Boston's low crime rates with its innovative
community prosecution initiative. [Boston Herald, 2/23/97 and ABC World News Tonight,
5/8/97]
Chicago Tribune
February 9, 1997 Sunday, CHICAGOLAND FINAL EDITION
SECTION: METRO CHICAGO; Pg. 3; ZONE: C; D.C. Journal.
LENGTH: 811 words
HEADLINE: BLAGOJEVICH TAGS 'COMMUNITY PROSECUTING AS ANTI-CRIME
WEAPON
BYLINE: By Mike Dorning and Mary Jacoby, Washington Bureau.
DATELINE: WASHINGTON
BODY:
Chicago's Rod Blagojevich may be building a political career on spray paint.
The Chicago Democrat is beginning his freshman congressional term by
returning to the same issue he says occasioned his first meeting with Ald. Dick
Mell (33rd), his future father-in-law and political sponsor.
That's graffiti.
Turns out that when Blagojevich was a young prosecutor in the Cook County
state's attorney's office, Mell came to that office to make sure Blagojevich and
the other prosecutors took seriously graffiti-painting incidents in the 33rd
Ward.
Blagojevich says he did. And, apparently, he still does.
The congressman is now working on legislation for a $10 million national
pilot program to fund "community prosecutors" who would be based in
neighborhoods and devote themselves to prosecution of "quality of life" crimes
(graffiti, for example).
Blagojevich calls it "the prosecution equivalent of community policing."
The idea is for prosecutors stationed within neighborhoods to work with
residents to target minor nuisances that disrupt the community.
It draws on the recent fashion in the law enforcement community to focus on
the "broken windows" phenomenon: Just as unrepaired broken windows on a building
tend to draw further acts of vandalism, undeterred acts of petty crime create a
disorderly atmosphere that fosters more dangerous criminal acts.
Two Harvard University academics wrote an influential article pointing this
out during the early 1980s--just about the same time Ald. Mell, sans Ph.D., was
lecturing the young prosecutors.
Bill Tracking Report
105th Congress
1st Session
U.S. House of Representatives
HR 863
1997 Bill Tracking H.R. 863; 105 Bill Tracking H.R. 863
COMMUNITY PROSECUTOR ACT OF 1997
<=1> Retrieve full text version
DATE-INTRO: February 27, 1997
LAST-ACTION-DATE: April 29, 1997
STATUS: Referred to committee
SPONSOR: Representative Rod Blagojevich D-IL
TOTAL-COSPONSORS: 7 Cosponsors: 7 Democrats / 0 Republicans
SYNOPSIS: A bill to establish or expand existing community prosecution program.
ACTIONS: Committee Referrals:
02/27/97 House Judiciary Committee
Legislative Chronology:
1st Session Activity:
02/27/97 143 Cong Rec H 699 Referred to the House Judiciary Committee
04/29/97 143 Cong Rec H 1988 Cosponsor(s) added
BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
Short title as introduced :
Community Prosecutor Act of 1997
CRS Index Terms:
Criminal justice
Budgets
Citizen participation in crime prevention
Community organization
Crime prevention
Evaluation research (Social action programs)
Federal aid to law enforcement agencies
Government information
Government paperwork
Prosecution
Social services
CO-SPONSORS:
Added 04/29/97:
Delahunt D-MA
Kind D-WI
Lipinski D-IL
McGovern D-MA
Underwood D-GU
Weygand D-RI
Yates D-IL
FULL TEXT OF BILLS
105TH CONGRESS; 1ST SESSION
IN THE HOUSE OF REPRESENTATIVES
AS INTRODUCED IN THE HOUSE
H. R. 863
1997 H.R. 863; 105 H.R. 863
<=1> Retrieve Bill Tracking Report
SYNOPSIS:
A BILL To establish or expand existing community prosecution programs.
DATE OF INTRODUCTION: FEBRUARY 27, 1997
DATE OF VERSION: MARCH 3, 1997 -- VERSION: 1
SPONSOR(S):
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on the Judiciary
TEXT:
* Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled,*
SECTION 1. SHORT TITLE.
This Act may be cited as the "Community Prosecutor Act of 1997".
SEC. 2. GRANT AUTHORIZATION.
(a) IN GENERAL.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT, AND
INDIAN TRIBAL
PROSECUTORS TO ESTABLISH OR EXPAND EXISTING COMMUNITY PROSECUTION
PROGRAMS, INCLUDING HIRING AND TRAINING PROSECUTORS FOR SUCH
PROGRAMS.
(B) EQUITABLE DISTRIBUTION.-THE ATTORNEY GENERAL SHOULD ENSURE, TO
THE
EXTENT POSSIBLE, THAT GRANTS AWARDED UNDER THIS ACT ARE DISTRIBUTED
EQUITABLY BETWEEN URBAN AND RURAL COMMUNITIES.
SEC. 3. ELIGIBILITY.
(a) IN GENERAL.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS ACT, STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT AND
INDIAN TRIBAL PROSECUTORS MAY APPLY FOR AN AWARD TO ESTABLISH OR
CONTINUE EXISTING COMMUNITY-ORIENTED PROSECUTION PROGRAMS.
(B) APPLICATION.-TO APPLY FOR A GRANT, AN INTERESTED ELIGIBLE ENTITY
SHALL SUBMIT AN APPLICATION TO THE ATTORNEY GENERAL IN SUCH FORM AS
THE ATTORNEY GENERAL SHALL PRESCRIBE BY REGULATIONS OR GUIDELINES.
(C) CONTENTS.-EACH APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE OBJECTIVES, AND NEED, INCLUDING PUBLIC SAFETY, FOR A GRANT
AWARD.
(2) A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION PLAN.
(3) CERTIFICATION OF COORDINATION AND SPECIFIC COMMITMENTS BY THE
COMMUNITY TO BE SERVED BY THE GRANT TO PARTICIPATE IN A PROGRAM
DESCRIBED UNDER PARAGRAPH (2).
(4) A DESCRIPTION OF THE GEOGRAPHICAL AREA TO BE SERVED.
(5) IDENTIFICATION OF RELATED INITIATIVES WHICH WILL COMPLEMENT OR
BE COORDINATED WITH A PROGRAM FUNDED UNDER THIS ACT.
(6) AN ASSURANCE THAT FUNDS RECEIVED UNDER THIS ACT WILL BE USED TO
SUPPLEMENT NOT SUPPLANT OTHER FEDERAL FUNDS.
SEC. 4. USES OF FUNDS.
(a) IN GENERAL.-FUNDS PROVIDED UNDER THIS ACT MAY BE USED TO HIRE
STAFF, PROCURE EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS OR PAY
OVERTIME IN THE ESTABLISHMENT OF COMMUNITY-ORIENTED PROSECUTION
PROGRAMS IF THE ELIGIBLE ENTITY CAN DEMONSTRATE TO THE SATISFACTION
OF THE ATTORNEY GENERAL THAT THE EXPENDITURES WOULD RESULT IN A
SUCCESSFUL REDUCTION IN CRIME.
(B) LOCAL MATCH.-THE FEDERAL SHARE OF A GRANT MADE UNDER THIS ACT
MAY NOT EXCEED 75 PERCENT OF THE TOTAL COSTS OF THE PROGRAM
DESCRIBED IN THE APPLICATION SUBMITTED PURSUANT TO SECTION 3(B). THE
ATTORNEY GENERAL MAY WAIVE, IN WHOLE OR IN PART, THE REQUIREMENT OF
A MATCHING CONTRIBUTION AND MAY CONSIDER IN-KIND CONTRIBUTIONS,
FAIRLY VALUED, IN LIEU OF THE LOCAL MATCHING REQUIREMENT. SEC. 5.
EVALUATIONS.
(a) IN GENERAL-EACH PROGRAM OR PROJECT FUNDED UNDER THIS ACT SHALL
CONTAIN A MONITORING COMPONENT DEVELOPED PURSUANT TO GUIDELINES
ESTABLISHED BY THE ATTORNEY GENERAL, INCLUDING THE IDENTIFICATION
AND COLLECTION OF DATA REGARDING THE ACTIVITIES AND ACCOMPLISHMENTS
OF THE PROGRAM OVER THE LIFE OF THE GRANT AWARD THE ATTORNEY
GENERAL MAY REQUIRE GRANT RECIPIENTS TO SUBMIT WRITTEN REPORTS
WHICH DESCRIBE THE MONITORING PROCESS AND EVALUATION RESULTS.
(B) INFORMATION ACCESS.-THE ATTORNEY GENERAL SHALL HAVE ACCESS TO
ANY PERTINENT DOCUMENTS OR RECORDS RELATING TO THE PROGRAM FOR THE
PURPOSES OF EVALUATION AND AUDIT.
(C) REVOCATION OR SUSPENSION.-IF THE ATTORNEY GENERAL DETERMINES, AS
A RESULT OF THE REVIEWS DESCRIBED IN THIS SECTION, THAT A GRANT
RECIPIENT IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE TERMS AND
REQUIREMENTS DESCRIBED IN THIS ACT, OR WITH THE REGULATIONS ISSUED BY
THE ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY REVOKE OR SUSPEND
GRANT FUNDING, IN WHOLE OR IN PART AFTER OPPORTUNITY FOR A HEARING.
SEC. 6. STUDY.
Not more than one percent of the funds appropriated to carry out this
Act shall be directed to the Attorney General to finance a study
evaluating grants made under this Act. At a minimum, this study shall
include the following:
(1) The number of grant awards made and the amount of each grant.
(2) The recipients of grants, including the communities in which
they are based.
(3) The purposes for which the grants were awarded and used.
(4) An evaluation of the achievement of each recipient's stated
goals and objectives.
(5) An assessment of the effect the program had in encouraging and
supporting coordinated community action against crime.
(6) Specific recommendations for further funding for each grant
recipient.
(7) Specific recommendations for future operations of the grant
program and its guidelines.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
The Washington Post
May 04, 1997, Sunday, Final Edition
SECTION: METRO; Pg. B01
LENGTH: 1059 words
HEADLINE: Howard County Seeks to Erase Graffiti, Other Quality-of-Life Crimes
BYLINE: Fern Shen, Washington Post Staff Writer
BODY:
Someone had spray-painted the letters "SPC" all over a convenience store in
the suburban Howard County community of Columbia. Big deal. It's the kind of
obnoxious-but-low-level crime that is usually handled in District Court, along
with minor traffic infractions.
But the alleged graffiti writer was linked to other graffiti -- on a high
school scoreboard, highway overpasses, an 18-wheeler. His home was searched.
Evidence was seized. SPC was said to stand for "Satan's Perfect Child."
Christopher Falk, 23, of Columbia, was arrested and charged with 16 counts of
malicious destruction. This month, he faces a jury trial in Circuit Court. Why
the tough treatment?
Because the crime is precisely the kind of quality-of-life diminisher
targeted by the "community justice" program, established last year by the
state's attorney's office in Howard County and by an increasing number of
prosecutors nationwide.
Those prosecutors focus on crimes that "really stick in people's craws," said
Sang W. Oh, a prosecutor in the Howard County state's attorney's office.
Such programs have been criticized by defense attorneys as overkill, showy
public relations gestures that divert resources from serious crimes.
"Why don't they concentrate on rapes and murders?" said Falk's attorney,
William Hale, of Silver Spring. "They acted like the Gestapo; they treated him
like a war criminal. It's ridiculous."
But petty crimes are not so easily dismissed by the people victimized by
them, said Oh, one of two assistant state's attorneys assigned to the new Howard
County program.
"I don't know any one of my neighbors who have been raped or murdered, but I
know plenty whose mailboxes got run over, who had sleds stolen from the back
yard or whose cars got hit by kids who were drinking," Oh said.
Modeled after the community policing concept and often referred to as
"community prosecution," the programs place prosecutors in neighborhoods to
listen to residents' complaints about vandalism, threatening behavior,
small-time drug trafficking, petty theft and similar crimes.
"This is how prosecutors will work with communities in the future," said
State's Attorney Marna McLendon (R), who initiated the program on a pilot basis
in two Columbia villages, Harper's Choice and Wilde Lake.
Prosecutors have been logging long hours at neighborhood meetings and in the
schools, because juveniles are involved in many of the crimes they confront.
Similar programs have been established in the District; Chicago; New York;
Kansas City, Mo.; Cambridge, Mass., and many other cities, where residents and
law enforcement officials have struggled to find a more effective way to combat
"nuisance crimes."
"What you're seeing is the prosecutors redefining their roles a little bit,
so that they're not just responsible for responding to crimes, for processing
cases, but more for preventing crime," said Heike Gramcow, director of
management and program development for the American Prosecutors' Research
Institute, the research arm of the National District Attorneys Association.
The prosecutors who run a six-year-old program in Portland, Ore., say the
community has seen results as they closed crack houses and helped neighborhoods
get the speed bumps they wanted.
In Northeast Washington, where U.S. Attorney Eric H. Holder Jr. set up a
community prosecution pilot program last year, cases have run the gamut from
serious crimes, such as murders in particular neighborhoods, to nuisances, such
as abandoned automobiles and rat infestation.
"We're trying to be there for people, but also to give people a sense [of],
"This is your neighborhood; you've got to tell us what's going on,' said
Brenda Johnson, deputy chief of the District's community prosecution section.
In a neighborhood plagued by youths shooting at each other, prosecutors
cracked down, partly by charging some of the youths but also by bringing in
their mothers for a stern lecture, Johnson said. In another instance, Johnson
recalled, she helped an elderly woman complaining about a trashed-filled lot by
calling up the property owner and lambasting her for her negligence.
"We do a lot of that -- shaming people into doing right," Johnson said.
In the same way, Oh, in Howard County, is looking for a low-key but more
effective way to deal with a knife-carrying homeless man who has been
intimidating shoppers at one of the village centers.
"My first move will be to try and get the liquor store there to stop selling
him liquor. If he doesn't stop, I could get the other merchants there to lean on
him," Oh said. Prosecutors also might also seek addiction services for the man
or get his family involved, Oh said.
Columbia residents came up with a solution themselves in the case of a vacant
lot where people were gathering to drink and deal drugs: They circulated a
petition to have the lot legally designated as "open space," meaning it had to
close at 10 p.m. Oh researched the procedure in the law books and pushed their
proposal through all the necessary agencies. Now police can force people off the
lot after hours and ticket violators.
"Being in the position I was," Oh said, "I could grease the skids."
Oh's efforts in the graffiti case, however, seem overly harsh to Christopher
Falk's relatives, who say the county is making him "a scapegoat."
"They decided to add all the graffiti in Columbia to his case," said Falk's
mother, Geraldine Falk, whose son lives with her. "I don't even know if he did
it or not. But do they really have to go to such an extent for something so
minor? I think they just don't have enough to do."
Oh, however, said his efforts are meant to send "a strong message of
deterrence."
"We want it understood this [graffiti] will not be tolerated," he said.
"That's a sentiment that I got loud and clear from the community."
Ordinarily, such a case would have remained in District Court, Oh said, where
an offender probably would receive a suspended sentence or probation before
judgment, meaning the person would not have a criminal record.
Oh, however, plans to seek sizable restitution and some "more appropriate
punishment."
"The things I'm hearing people talk about are old-fashioned punishments, like
making the person go out and repaint where they'd painted," Oh said. "I like the
sound of that."
LANGUAGE: ENGLISH
LOAD-DATE: May 04, 1997
The Boston Herald
February 23, 1997 Sunday FIRST EDITION
SECTION: EDITORIAL; Pg. 023
LENGTH: 1099 words
HEADLINE: Prosecutors play hardball - With citizens, police and courts working
together, crime drops dramatically
BYLINE: By Catherine Coles and George L. Kelling
BODY:
Crime levels are dropping in Boston at a remarkable rate. The reductions in
violent juvenile crime since 1990 (juvenile homicides down 80 percent) and
during 1996 (no firearm murders of juveniles) are stunning achievements. The
Police Department is deservedly receiving praise for its creative efforts, all
the more noteworthy when only four years ago the St. Clair Commission excoriated
the department for its inability to plan and implement community policing.
Yet more is happening in Boston than dramatic changes in policing: A
parallel, if unrecognized, revolution is taking place in prosecution.
On a May 1995 weekend, when police undertook the first so-called zero
tolerance sweep against prostitution, public drinking, disorderly conduct and
quality of life crimes in East Boston's Safe Neighborhood Initiative, Assistant
District Attorney David Coffey was there. Coffey had worked with citizens and
police for months to plan the initiative - with the district court presiding
judge to handle anticipated arrests - and was committed to prosecuting the
resulting cases.
About 50 arrests were made. By Sunday, police were picking up word on the
streets - offenders knew something was happening and were lying low. And the
police were amazed that Coffey had worked alongside them on Friday and Saturday
nights, not just in the courtroom but on the streets and in the station.
Coffey is not alone. Other prosecutors are moving out of their offices and
courtrooms, into the streets of Dorchester, Roxbury and Chelsea, to collaborate
with citizens, to address local priorities and problems. Adopting a
problem-solving orientation - rather than concentrating solely on processing
cases involving crimes already committed - represents a return to an earlier
historical era for American prosecution.
Historian Allen Steinberg provides rich accounts of 19th-century century
private prosecution in which poor and working-class citizens turned to
prosecution to settle disputes, maintain order and protect themselves, bringing
to the criminal courts their disputes over everything large and small - noisy
nuisance charges between tenants, disorderly conduct, the dissolution of
business contracts, larceny, and assault and battery.
During the second half of the 19th century, with the creation of professional
police forces and their broad powers of arrest, state prosecutors assumed
increasing responsibility for dealing with the cases brought to them by the
police. Citizens began to lose direct access to criminal justice processes - a
trend that grew stronger during the 20th century, with greater
professionalization in the roles of police and prosecutors.
Today the watchword is "community prosecution." Taking its cue from citizens
themselves, and from community policing, community prosecution emphasizes crime
prevention as well as enforcement, and quality of life issues in addition to
violent crime. Community prosecutors lead in building coalitions with police,
other criminal justice agencies, elected officials, community organizations,
local businesses, schools, churches and residents - and then work as part of a
team to develop strategies, identify and obtain resources, and assume joint
responsibility for improving public safety.
Most use problem solving to aggressively prosecute habitual and violent
offenders, while forming community-based partnerships to develop diversion,
treatment, mediation, and community service or restitution options in which both
offenders and the community are better served by rehabilitation or swift
punishment than they are by incarceration.
In Boston, Suffolk County District Attorney Ralph Martin and Massachusetts
Attorney General Scott Harshbarger have created several Safe Neighborhood
Initiatives, placing prosecutors such as David Coffey in target neighborhoods
where they get to know residents and crime problems. They meet with crime watch
groups, neighborhood associations and citizen advisory councils. They prosecute
cases from the area and, along with citizens, police, corrections and probation
officials, plan law enforcement and other efforts to prevent or reduce crime -
from sting operations to mediation, elderly safety education, youth activities,
alcohol abuse programs and a host of others.
The results are convincing: Residents and merchants see an improved quality
of life on streets they feel are safer, and crime has decreased significantly
(down 18 percent in East Boston in 1996). Prosecution rates are up - close to 90
percent of offenders arrested through East Boston SNI activities in 1996 were
prosecuted.
Through the Community Based Juvenile Justice Program, other prosecutors lead
discussions with middle and high school officials to identify and assist youth
at risk to themselves; in the courtroom they prosecute more resistant juvenile
offenders to protect other students and the community. Upcoming plans call for
placing assistant district attorneys directly in neighborhood police stations
around the city to coordinate their activities closely with police.
Community prosecution is producing important outcomes nationwide. In Austin,
Texas; Kansas City, Mo.; Indianapolis, Ind.; and Portland, Ore., it is helping
to reverse the alienation of citizens from criminal justice processes,
rebuilding a sense of responsibility and involvement for maintaining safety in
their own neighborhoods - a change that in the long run is likely to do more for
our cities than any actions by police or prosecutors.
Prosecutors are affecting crime rates and the quality of life in their
communities. They possess legal knowledge required by police and citizens. They
have access to judges and courts, and carry the ball beyond the arrest stage,
prosecuting low-level offenses and violent crimes. Because they are elected,
prosecutors are the only criminal justice officials directly accountable to the
public. Without prosecutors on board, reductions in crime around the country
cannot be sustained; with their leadership, we may not yet have seen the full
extent of what can be achieved to restore order and reduce crime in our
neighborhoods.
Catherine Coles and George Kelling, co-authors of "Fixing Broken Windows,"
are completing a National Institute of Justice study of community-based
prosecution and policing in Boston, Austin, Kansas City and Indianapolis. Coles
is an urban anthropologist, lawyer and research associate at the Kennedy School
of Governnient, Harvard University. Kelling is professor of criminal justice at
Rutgers University and a research fellow at the Kennedy School.
LOAD-DATE: February 26, 1997
ABC NEWS
SHOW: WORLD NEWS TONIGHT WITH PETER JENNINGS (6:30 pm ET)
MAY 8, 1997
Transcript # 97050807-j04
TYPE: PACKAGE
SECTION: NEWS
LENGTH: 688 words
HEADLINE: SOLUTIONS
BYLINE: JAMES WALKER, PETER JENNINGS
HIGHLIGHT:
NEIGHBORHOOD PROSECUTOR TACKLES CITIZENS COMPLAINTS
BODY:
ANNOUNCER: World News Tonight with Peter Jennings continues. Now, "Solutions."
PETER JENNINGS: Our focus tonight is on crime. The big story lately has been
that the crime rate in many cities has been going down. Some of the credit goes
to a change in the way police are operating, going back to the way police used
to do their jobs -- walking a beat, spending real time in neighborhoods,
becoming a part of it in essence.
Tonight, ABC S James Walker reports on a community which has taken that
personal approach one step further.
JAMES WALKER, ABC News: (voice-over) East Boston has a very unusual tool for
fighting crime -- its own neighborhood prosecutor, John Pappas (ph).
JOHN PAPPAS, Prosecutor: He S being held on $20,000 cash bail.
JAMES WALKER: (voice-over) He meets regularly with citizen S groups to heartheir
concerns, not so much about major crimes but what affects them every day,
like graffiti, loitering or underaged drinking.
EAST BOSTON CITIZEN: I know that he is past. You could stand right out in the
square here and just watch him walk by carrying the cases of liquor.
JAMES WALKER: (voice-over) Pappas takes the citizens complaints to a special
task force of local judges and police who develop an immediate strategy to solve
their concerns.
POLICE DETECTIVE: There he goes.
JAMES WALKER: (voice-over) And detectives follow up with a sting operation,
sending a 20-year-old police cadet into East Boston S liquor stores.
POLICE DETECTIVE: It S a score. He S underaged. You failed to check his
identification to see the correct age.
JAMES WALKER: (voice-over) In addition to issuing the usual summons, police will
also file a criminal complaint, and the prosecutor will give it extra attention.
In court, prosecutor Pappas consistently reflects the community S priorities.
For example, a small marijuana case -- too small to keep the defendant in jail ntil he S tried.
But Pappas gets him out of the community immediately.
JOHN PAPPAS: I wanted to ask that he stay away from that area for the pendency
of this case, Your Honor.
JUDGE: A condition of your release, sir, you will remain away from that
particular area where you were arrested.
CATHERINE COLES, Harvard University: You can see immediate problems being
solved. You know, a single, troublesome individual gotten off the street, out
of the neighborhood due to the combined efforts of prosecutors and citizens and
police all working together.
JAMES WALKER: (on camera) The idea of vigorously prosecuting so-called quality
of life crimes such as public intoxication or loitering is just starting to be
adopted by prosecutors across the country. What they are realizing is that by
addressing residents complaints, they not only build a partnership with
communities, they also stop small crimes before they turn into more serious
offenses.
(voice-over) Since this partnership again in East Boston three years ago, the
overall crime rate has dropped 25 percent. Car thefts are down 52 percent;drugs, 56 percent;
and prostitution, a stunning 80 percent.
FRAN RILEY, East Boston Resident: You can walk our streets now. It S safe. I
can out with my granddaughter now, you know, walk around, whereas a couple of
years back, it was getting kind of nasty.
MARTIN COUGHLIN, East Boston Resident: You don t see a drug dealer around.
You can look around. There S nobody here.
JAMES WALKER: (voice-over) Neighbors point with pride to East Boston S central
square. A few years ago, it was a haven for drunks and drug dealers. Now, it
again belongs to the people. James Walker, ABC News, East Boston,
Massachusetts.
PETER JENNINGS: This concept is still pretty new. But several other cities are
trying it, including Kansas City, Indianapolis, Portland, Oregon, and Austin,
Texas.
Community Prosecutors
Idea: Instead of locating prosecutors in a centralized, downtown office, station prosecutors
within neighborhoods to work with residents to target minor nuisances that disrupt the
community. The idea draws on the law enforcement community's focus on the "broken
windows" phenomenon: Just as unrepaired broken windows on a building tend to draw further
acts of vandalism, undeterred acts of petty crime create a disorderly atmosphere that fosters
more dangerous criminal acts.
Notes:
1. Freshman Democrat, Rod Blagojevich, has introduced H.R. 863, "The Community
Prosecutor Act of 1997." The bill creates a $10 million national pilot program to fund
"community prosecutors" who would be based in neighborhoods and devote themselves to
prosecution of "quality of life" crimes, such as graffitti, minor theft and prostitution. [Chicago
Tribune, 2/9/97 & H.R. 863]
2. Many observers have partly attributed Boston's low crime rates with its innovative
community prosecution initiative. [Boston Herald, 2/23/97 and ABC World News Tonight,
5/8/97]
Chicago Tribune
February 9, 1997 Sunday, CHICAGOLAND FINAL EDITION
SECTION: METRO CHICAGO; Pg. 3; ZONE: C; D.C. Journal.
LENGTH: 811 words
HEADLINE: BLAGOJEVICH TAGS 'COMMUNITY PROSECUTING AS ANTI-CRIME
WEAPON
BYLINE: By Mike Dorning and Mary Jacoby, Washington Bureau.
DATELINE: WASHINGTON
BODY:
Chicago's Rod Blagojevich may be building a political career on spray paint.
The Chicago Democrat is beginning his freshman congressional term by
returning to the same issue he says occasioned his first meeting with Ald. Dick
Mell (33rd), his future father-in-law and political sponsor.
That's graffiti.
Turns out that when Blagojevich was a young prosecutor in the Cook County
state's attorney's office, Mell came to that office to make sure Blagojevich and
the other prosecutors took seriously graffiti-painting incidents in the 33rd
Ward.
Blagojevich says he did. And, apparently, he still does.
The congressman is now working on legislation for a $10 million national
pilot program to fund "community prosecutors" who would be based in
neighborhoods and devote themselves to prosecution of "quality of life" crimes
(graffiti, for example).
Blagojevich calls it "the prosecution equivalent of community policing."
The idea is for prosecutors stationed within neighborhoods to work with
residents to target minor nuisances that disrupt the community.
It draws on the recent fashion in the law enforcement community to focus on
the "broken windows" phenomenon: Just as unrepaired broken windows on a building
tend to draw further acts of vandalism, undeterred acts of petty crime create a
disorderly atmosphere that fosters more dangerous criminal acts.
Two Harvard University academics wrote an influential article pointing this
out during the early 1980s--just about the same time Ald. Mell, sans Ph.D., was
lecturing the young prosecutors.
Bill Tracking Report
105th Congress
1st Session
U.S. House of Representatives
HR 863
1997 Bill Tracking H.R. 863; 105 Bill Tracking H.R. 863
COMMUNITY PROSECUTOR ACT OF 1997
<=1> Retrieve full text version
DATE-INTRO: February 27, 1997
LAST-ACTION-DATE: April 29, 1997
STATUS: Referred to committee
SPONSOR: Representative Rod Blagojevich D-IL
TOTAL-COSPONSORS 7 Cosponsors: 7 Democrats / 0 Republicans
SYNOPSIS: A bill to establish or expand existing community prosecution program.
ACTIONS: Committee Referrals:
02/27/97 House Judiciary Committee
Legislative Chronology:
1st Session Activity:
02/27/97 143 Cong Rec H 699 Referred to the House Judiciary Committee
04/29/97 143 Cong Rec H 1988 Cosponsor(s) added
BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
Short title as introduced :
Community Prosecutor Act of 1997
CRS Index Terms:
Criminal justice
Budgets
Citizen participation in crime prevention
Community organization
Crime prevention
Evaluation research (Social action programs)
Federal aid to law enforcement agencies
Government information
Government paperwork
Prosecution
Social services
CO-SPONSORS:
Added 04/29/97:
Delahunt D-MA
Kind D-WI
Lipinski D-IL
McGovern D-MA
Underwood D-GU
Weygand D-RI
Yates D-IL
FULL TEXT OF BILLS
105TH CONGRESS; 1ST SESSION
IN THE HOUSE OF REPRESENTATIVES
AS INTRODUCED IN THE HOUSE
H. R. 863
1997 H.R. 863; 105 H.R. 863
<=1> Retrieve Bill Tracking Report
SYNOPSIS:
A BILL To establish or expand existing community prosecution programs.
DATE OF INTRODUCTION: FEBRUARY 27, 1997
DATE OF VERSION: MARCH 3, 1997 -- VERSION: 1
SPONSOR(S):
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on the Judiciary
TEXT:
* Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled,*
SECTION 1. SHORT TITLE.
This Act may be cited as the "Community Prosecutor Act of 1997".
SEC. 2. GRANT AUTHORIZATION.
(a) IN GENERAL.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT, AND
INDIAN TRIBAL
PROSECUTORS TO ESTABLISH OR EXPAND EXISTING COMMUNITY PROSECUTION
PROGRAMS, INCLUDING HIRING AND TRAINING PROSECUTORS FOR SUCH
PROGRAMS.
(B) EQUITABLE DISTRIBUTION.-THE ATTORNEY GENERAL SHOULD ENSURE, TO
THE
EXTENT POSSIBLE, THAT GRANTS AWARDED UNDER THIS ACT ARE DISTRIBUTED
EQUITABLY BETWEEN URBAN AND RURAL COMMUNITIES.
SEC. 3. ELIGIBILITY.
(a) IN GENERAL.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS ACT, STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT AND
INDIAN TRIBAL PROSECUTORS MAY APPLY FOR AN AWARD TO ESTABLISH OR
CONTINUE EXISTING COMMUNITY-ORIENTED PROSECUTION PROGRAMS.
(B) APPLICATION.-TO APPLY FOR A GRANT, AN INTERESTED ELIGIBLE ENTITY
SHALL SUBMIT AN APPLICATION TO THE ATTORNEY GENERAL IN SUCH FORM AS
THE ATTORNEY GENERAL SHALL PRESCRIBE BY REGULATIONS OR GUIDELINES.
(C) CONTENTS.-EACH APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE OBJECTIVES, AND NEED, INCLUDING PUBLIC SAFETY, FOR A GRANT
AWARD.
(2) A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION PLAN.
(3) CERTIFICATION OF COORDINATION AND SPECIFIC COMMITMENTS BY THE
COMMUNITY TO BE SERVED BY THE GRANT TO PARTICIPATE IN A PROGRAM
DESCRIBED UNDER PARAGRAPH (2).
(4) A DESCRIPTION OF THE GEOGRAPHICAL AREA TO BE SERVED.
(5) IDENTIFICATION OF RELATED INITIATIVES WHICH WILL COMPLEMENT OR
BE COORDINATED WITH A PROGRAM FUNDED UNDER THIS ACT.
(6) AN ASSURANCE THAT FUNDS RECEIVED UNDER THIS ACT WILL BE USED TO
SUPPLEMENT NOT SUPPLANT OTHER FEDERAL FUNDS.
SEC. 4. USES OF FUNDS.
(a) IN GENERAL.-FUNDS PROVIDED UNDER THIS ACT MAY BE USED TO HIRE
STAFF, PROCURE EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS OR PAY
OVERTIME IN THE ESTABLISHMENT OF COMMUNITY-ORIENTED PROSECUTION
PROGRAMS IF THE ELIGIBLE ENTITY CAN DEMONSTRATE TO THE SATISFACTION
OF THE ATTORNEY GENERAL THAT THE EXPENDITURES WOULD RESULT IN A
SUCCESSFUL REDUCTION IN CRIME.
(B) LOCAL MATCH.-THE FEDERAL SHARE OF A GRANT MADE UNDER THIS ACT
MAY NOT EXCEED 75 PERCENT OF THE TOTAL COSTS OF THE PROGRAM
DESCRIBED IN THE APPLICATION SUBMITTED PURSUANT TO SECTION 3(B). THE
ATTORNEY GENERAL MAY WAIVE, IN WHOLE OR IN PART, THE REQUIREMENT OF
A MATCHING CONTRIBUTION AND MAY CONSIDER IN-KIND CONTRIBUTIONS,
FAIRLY VALUED, IN LIEU OF THE LOCAL MATCHING REQUIREMENT. SEC. 5.
EVALUATIONS.
(a) IN GENERAL.-EACH PROGRAM OR PROJECT FUNDED UNDER THIS ACT SHALL
CONTAIN A MONITORING COMPONENT DEVELOPED PURSUANT TO GUIDELINES
ESTABLISHED BY THE ATTORNEY GENERAL, INCLUDING THE IDENTIFICATION
AND COLLECTION OF DATA REGARDING THE ACTIVITIES AND ACCOMPLISHMENTS
OF THE PROGRAM OVER THE LIFE OF THE GRANT AWARD. THE ATTORNEY
GENERAL MAY REQUIRE GRANT RECIPIENTS TO SUBMIT WRITTEN REPORTS
WHICH DESCRIBE THE MONITORING PROCESS AND EVALUATION RESULTS.
(B) INFORMATION ACCESS.-THE ATTORNEY GENERAL SHALL HAVE ACCESS TO
ANY PERTINENT DOCUMENTS OR RECORDS RELATING TO THE PROGRAM FOR THE
PURPOSES OF EVALUATION AND AUDIT.
(C) REVOCATION OR SUSPENSION. -IF THE ATTORNEY GENERAL DETERMINES, AS
A RESULT OF THE REVIEWS DESCRIBED IN THIS SECTION, THAT A GRANT
RECIPIENT IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE TERMS AND
REQUIREMENTS DESCRIBED IN THIS ACT, OR WITH THE REGULATIONS ISSUED BY
THE ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY REVOKE OR SUSPEND
GRANT FUNDING, IN WHOLE OR IN PART AFTER OPPORTUNITY FOR A HEARING.
SEC. 6. STUDY.
Not more than one percent of the funds appropriated to carry out this
Act shall be directed to the Attorney General to finance a study
evaluating grants made under this Act. At a minimum, this study shall
include the following:
(1) The number of grant awards made and the amount of each grant.
(2) The recipients of grants, including the communities in which
they are based.
(3) The purposes for which the grants were awarded and used.
(4) An evaluation of the achievement of each recipient's stated
goals and objectives.
(5) An assessment of the effect the program had in encouraging and
supporting coordinated community action against crime.
(6) Specific recommendations for further funding for each grant
recipient.
(7) Specific recommendations for future operations of the grant
program and its guidelines.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
The Washington Post
May 04, 1997, Sunday, Final Edition
SECTION: METRO; Pg. B01
LENGTH: 1059 words
HEADLINE: Howard County Seeks to Erase Graffiti, Other Quality-of-Life Crimes
BYLINE: Fern Shen, Washington Post Staff Writer
BODY:
Someone had spray-painted the letters "SPC" all over a convenience store in
the suburban Howard County community of Columbia. Big deal. It's the kind of
obnoxious-but-low-level crime that is usually handled in District Court, along
with minor traffic infractions.
But the alleged graffiti writer was linked to other graffiti -- on a high
school scoreboard, highway overpasses, an 18-wheeler. His home was searched.
Evidence was seized. SPC was said to stand for "Satan's Perfect Child."
Christopher Falk, 23, of Columbia, was arrested and charged with 16 counts of
malicious destruction. This month, he faces a jury trial in Circuit Court. Why
the tough treatment?
Because the crime is precisely the kind of quality-of-life diminisher
targeted by the "community justice" program, established last year by the
state's attorney's office in Howard County and by an increasing number of
prosecutors nationwide.
Those prosecutors focus on crimes that "really stick in people's craws," said
Sang W. Oh, a prosecutor in the Howard County state's attorney's office.
Such programs have been criticized by defense attorneys as overkill, showy
public relations gestures that divert resources from serious crimes.
"Why don't they concentrate on rapes and murders?" said Falk's attorney,
William Hale, of Silver Spring. "They acted like the Gestapo; they treated him
like a war criminal. It's ridiculous."
But petty crimes are not so easily dismissed by the people victimized by
them, said Oh, one of two assistant state's attorneys assigned to the new Howard
County program.
"I don't know any one of my neighbors who have been raped or murdered, but I
know plenty whose mailboxes got run over, who had sleds stolen from the back
yard or whose cars got hit by kids who were drinking," Oh said.
Modeled after the community policing concept and often referred to as
"community prosecution," the programs place prosecutors in neighborhoods to
listen to residents' complaints about vandalism, threatening behavior,
small-time drug trafficking, petty theft and similar crimes.
"This is how prosecutors will work with communities in the future," said
State's Attorney Marna McLendon (R), who initiated the program on a pilot basis
in two Columbia villages, Harper's Choice and Wilde Lake.
Prosecutors have been logging long hours at neighborhood meetings and in the
schools, because juveniles are involved in many of the crimes they confront.
Similar programs have been established in the District; Chicago; New York;
Kansas City, Mo.; Cambridge, Mass., and many other cities, where residents and
law enforcement officials have struggled to find a more effective way to combat
"nuisance crimes."
"What you're seeing is the prosecutors redefining their roles a little bit,
so that they're not just responsible for responding to crimes, for processing
cases, but more for preventing crime," said Heike Gramcow, director of
management and program development for the American Prosecutors' Research
Institute, the research arm of the National District Attorneys Association.
The prosecutors who run a six-year-old program in Portland, Ore., say the
community has seen results as they closed crack houses and helped neighborhoods
get the speed bumps they wanted.
In Northeast Washington, where U.S. Attorney Eric H. Holder Jr. set up a
community prosecution pilot program last year, cases have run the gamut from
serious crimes, such as murders in particular neighborhoods, to nuisances, such
as abandoned automobiles and rat infestation.
"We're trying to be there for people, but also to give people a sense [of],
'This is your neighborhood; you've got to tell us what's going on,' said
Brenda Johnson, deputy chief of the District's community prosecution section.
In a neighborhood plagued by youths shooting at each other, prosecutors
cracked down, partly by charging some of the youths but also by bringing in
their mothers for a stern lecture, Johnson said. In another instance, Johnson
recalled, she helped an elderly woman complaining about a trashed-filled lot by
calling up the property owner and lambasting her for her negligence.
"We do a lot of that -- shaming people into doing right," Johnson said.
In the same way, Oh, in Howard County, is looking for a low-key but more
effective way to deal with a knife-carrying homeless man who has been
intimidating shoppers at one of the village centers.
"My first move will be to try and get the liquor store there to stop selling
him liquor. If he doesn't stop, I could get the other merchants there to lean on
him," Oh said. Prosecutors also might also seek addiction services for the man
or get his family involved, Oh said.
Columbia residents came up with a solution themselves in the case of a vacant
lot where people were gathering to drink and deal drugs: They circulated a
petition to have the lot legally designated as "open space," meaning it had to
close at 10 p.m. Oh researched the procedure in the law books and pushed their
proposal through all the necessary agencies. Now police can force people off the
lot after hours and ticket violators.
"Being in the position I was," Oh said, "I could grease the skids."
Oh's efforts in the graffiti case, however, seem overly harsh to Christopher
Falk's relatives, who say the county is making him "a scapegoat."
"They decided to add all the graffiti in Columbia to his case," said Falk's
mother, Geraldine Falk, whose son lives with her. "I don't even know if he did
it or not. But do they really have to go to such an extent for something so
minor? I think they just don't have enough to do."
Oh, however, said his efforts are meant to send "a strong message of
deterrence."
"We want it understood this [graffiti] will not be tolerated," he said.
"That's a sentiment that I got loud and clear from the community."
Ordinarily, such a case would have remained in District Court, Oh said, where
an offender probably would receive a suspended sentence or probation before
judgment, meaning the person would not have a criminal record.
Oh, however, plans to seek sizable restitution and some "more appropriate
punishment."
"The things I'm hearing people talk about are old-fashioned punishments, like
making the person go out and repaint where they'd painted," Oh said. "I like the
sound of that."
LANGUAGE: ENGLISH
LOAD-DATE: May 04, 1997
The Boston Herald
February 23, 1997 Sunday FIRST EDITION
SECTION: EDITORIAL; Pg. 023
LENGTH: 1099 words
HEADLINE: Prosecutors play hardball - With citizens, police and courts working
together, crime drops dramatically
BYLINE: By Catherine Coles and George L. Kelling
BODY:
Crime levels are dropping in Boston at a remarkable rate. The reductions in
violent juvenile crime since 1990 (juvenile homicides down 80 percent) and
during 1996 (no firearm murders of juveniles) are stunning achievements. The
Police Department is deservedly receiving praise for its creative efforts, all
the more noteworthy when only four years ago the St. Clair Commission excoriated
the department for its inability to plan and implement community policing.
Yet more is happening in Boston than dramatic changes in policing: A
parallel, if unrecognized, revolution is taking place in prosecution.
On a May 1995 weekend, when police undertook the first so-called zero
tolerance sweep against prostitution, public drinking, disorderly conduct and
quality of life crimes in East Boston's Safe Neighborhood Initiative, Assistant
District Attorney David Coffey was there. Coffey had worked with citizens and
police for months to plan the initiative - with the district court presiding
judge to handle anticipated arrests - and was committed to prosecuting the
resulting cases.
About 50 arrests were made. By Sunday, police were picking up word on the
streets - offenders knew something was happening and were lying low. And the
police were amazed that Coffey had worked alongside them on Friday and Saturday
nights, not just in the courtroom but on the streets and in the station.
Coffey is not alone. Other prosecutors are moving out of their offices and
courtrooms, into the streets of Dorchester, Roxbury and Chelsea, to collaborate
with citizens, to address local priorities and problems. Adopting a
problem-solving orientation - rather than concentrating solely on processing
cases involving crimes already committed - represents a return to an earlier
historical era for American prosecution.
Historian Allen Steinberg provides rich accounts of 19th-century century
private prosecution in which poor and working-class citizens turned to
prosecution to settle disputes, maintain order and protect themselves, bringing
to the criminal courts their disputes over everything large and small - noisy
nuisance charges between tenants, disorderly conduct, the dissolution of
business contracts, larceny, and assault and battery.
During the second half of the 19th century, with the creation of professional
police forces and their broad powers of arrest, state prosecutors assumed
increasing responsibility for dealing with the cases brought to them by the
police. Citizens began to lose direct access to criminal justice processes - a
trend that grew stronger during the 20th century, with greater
professionalization in the roles of police and prosecutors.
Today the watchword is "community prosecution." Taking its cue from citizens
themselves, and from community policing, community prosecution emphasizes crime
prevention as well as enforcement, and quality of life issues in addition to
violent crime. Community prosecutors lead in building coalitions with police,
other criminal justice agencies, elected officials, community organizations,
local businesses, schools, churches and residents - and then work as part of a
team to develop strategies, identify and obtain resources, and assume joint
responsibility for improving public safety.
Most use problem solving to aggressively prosecute habitual and violent
offenders, while forming community-based partnerships to develop diversion,
treatment, mediation, and community service or restitution options in which both
offenders and the community are better served by rehabilitation or swift
punishment than they are by incarceration.
In Boston, Suffolk County District Attorney Ralph Martin and Massachusetts
Attorney General Scott Harshbarger have created several Safe Neighborhood
Initiatives, placing prosecutors such as David Coffey in target neighborhoods
where they get to know residents and crime problems. They meet with crime watch
groups, neighborhood associations and citizen advisory councils. They prosecute
cases from the area and, along with citizens, police, corrections and probation
officials, plan law enforcement and other efforts to prevent or reduce crime -
from sting operations to mediation, elderly safety education, youth activities,
alcohol abuse programs and a host of others.
The results are convincing: Residents and merchants see an improved quality
of life on streets they feel are safer, and crime has decreased significantly
(down 18 percent in East Boston in 1996). Prosecution rates are up - close to 90
percent of offenders arrested through East Boston SNI activities in 1996 were
prosecuted.
Through the Community Based Juvenile Justice Program, other prosecutors lead
discussions with middle and high school officials to identify and assist youth
at risk to themselves; in the courtroom they prosecute more resistant juvenile
offenders to protect other students and the community. Upcoming plans call for
placing assistant district attorneys directly in neighborhood police stations
around the city to coordinate their activities closely with police.
Community prosecution is producing important outcomes nationwide. In Austin,
Texas; Kansas City, Mo.; Indianapolis, Ind.; and Portland, Ore., it is helping
to reverse the alienation of citizens from criminal justice processes,
rebuilding a sense of responsibility and involvement for maintaining safety in
their own neighborhoods - a change that in the long run is likely to do more for
our cities than any actions by police or prosecutors.
Prosecutors are affecting crime rates and the quality of life in their
communities. They possess legal knowledge required by police and citizens. They
have access to judges and courts, and carry the ball beyond the arrest stage,
prosecuting low-level offenses and violent crimes. Because they are elected,
prosecutors are the only criminal justice officials directly accountable to the
public. Without prosecutors on board, reductions in crime around the country
cannot be sustained; with their leadership, we may not yet have seen the full
extent of what can be achieved to restore order and reduce crime in our
neighborhoods.
Catherine Coles and George Kelling, co-authors of "Fixing Broken Windows,"
are completing a National Institute of Justice study of community-based
prosecution and policing in Boston, Austin, Kansas City and Indianapolis. Coles
is an urban anthropologist, lawyer and research associate at the Kennedy School
of Governnient, Harvard University. Kelling is professor of criminal justice at
Rutgers University and a research fellow at the Kennedy School.
LOAD-DATE: February 26, 1997
ABC NEWS
SHOW: WORLD NEWS TONIGHT WITH PETER JENNINGS (6:30 pm ET)
MAY 8, 1997
Transcript # 97050807-j04
TYPE: PACKAGE
SECTION: NEWS
LENGTH: 688 words
HEADLINE: SOLUTIONS
BYLINE: JAMES WALKER, PETER JENNINGS
HIGHLIGHT:
NEIGHBORHOOD PROSECUTOR TACKLES CITIZENS COMPLAINTS
BODY:
ANNOUNCER: World News Tonight with Peter Jennings continues. Now, "Solutions."
PETER JENNINGS: Our focus tonight is on crime. The big story lately has been
that the crime rate in many cities has been going down. Some of the credit goes
to a change in the way police are operating, going back to the way police used
to do their jobs -- walking a beat, spending real time in neighborhoods,
becoming a part of it in essence.
Tonight, ABC S James Walker reports on a community which has taken that
personal approach one step further.
JAMES WALKER, ABC News: (voice-over) East Boston has a very unusual tool for
fighting crime -- its own neighborhood prosecutor, John Pappas (ph).
JOHN PAPPAS, Prosecutor: He S being held on $20,000 cash bail.
JAMES WALKER: (voice-over) He meets regularly with citizen S groups to heartheir
concerns, not so much about major crimes but what affects them every day,
like graffiti, loitering or underaged drinking.
EAST BOSTON CITIZEN: I know that he is past. You could stand right out in the
square here and just watch him walk by carrying the cases of liquor.
JAMES WALKER: (voice-over) Pappas takes the citizens complaints to a special
task force of local judges and police who develop an immediate strategy to solve
their concerns.
POLICE DETECTIVE: There he goes.
JAMES WALKER: (voice-over) And detectives follow up with a sting operation,
sending a 20-year-old police cadet into East Boston S liquor stores.
POLICE DETECTIVE: It S a score. He S underaged. You failed to check his
identification to see the correct age.
JAMES WALKER: (voice-over) In addition to issuing the usual summons, police will
also file a criminal complaint, and the prosecutor will give it extra attention.
In court, prosecutor Pappas consistently reflects the community S priorities.
For example, a small marijuana case -- too small to keep the defendant in jail ntil he S tried.
But Pappas gets him out of the community immediately.
JOHN PAPPAS: I wanted to ask that he stay away from that area for the pendency
of this case, Your Honor.
JUDGE: A condition of your release, sir, you will remain away from that
particular area where you were arrested.
CATHERINE COLES, Harvard University: You can see immediate problems being
solved. You know, a single, troublesome individual gotten off the street, out
of the neighborhood due to the combined efforts of prosecutors and citizens and
police all working together.
JAMES WALKER: (on camera) The idea of vigorously prosecuting so-called quality
of life crimes such as public intoxication or loitering is just starting to be
adopted by prosecutors across the country. What they are realizing is that by
addressing residents complaints, they not only build a partnership with
communities, they also stop small crimes before they turn into more serious
offenses.
(voice-over) Since this partnership again in East Boston three years ago, the
overall crime rate has dropped 25 percent. Car thefts are down 52 percent;drugs, 56 percent;
and prostitution, a stunning 80 percent.
FRAN RILEY, East Boston Resident: You can walk our streets now. It S safe. I
can out with my granddaughter now, you know, walk around, whereas a couple of
years back, it was getting kind of nasty.
MARTIN COUGHLIN, East Boston Resident: You don t see a drug dealer around.
You can look around. There S nobody here.
JAMES WALKER: (voice-over) Neighbors point with pride to East Boston S central
square. A few years ago, it was a haven for drunks and drug dealers. Now, it
again belongs to the people. James Walker, ABC News, East Boston,
Massachusetts.
PETER JENNINGS: This concept is still pretty new. But several other cities are
trying it, including Kansas City, Indianapolis, Portland, Oregon, and Austin,
Texas.
Community Prosecutors
Idea: Instead of locating prosecutors in a centralized, downtown office, station prosecutors
within neighborhoods to work with residents to target minor nuisances that disrupt the
community. The idea draws on the law enforcement community's focus on the "broken
windows" phenomenon: Just as unrepaired broken windows on a building tend to draw further
acts of vandalism, undeterred acts of petty crime create a disorderly atmosphere that fosters
more dangerous criminal acts.
Notes:
1. Freshman Democrat, Rod Blagojevich, has introduced H.R. 863, "The Community
Prosecutor Act of 1997." The bill creates a $10 million national pilot program to fund
"community prosecutors" who would be based in neighborhoods and devote themselves to
prosecution of "quality of life" crimes, such as graffitti, minor theft and prostitution. [Chicago
Tribune, 2/9/97 & H.R. 863]
2. Many observers have partly attributed Boston's low crime rates with its innovative
community prosecution initiative. [Boston Herald, 2/23/97 and ABC World News Tonight,
5/8/97]
Chicago Tribune
February 9, 1997 Sunday, CHICAGOLAND FINAL EDITION
SECTION: METRO CHICAGO; Pg. 3; ZONE: C; D.C. Journal.
LENGTH: 811 words
HEADLINE: BLAGOJEVICH TAGS 'COMMUNITY PROSECUTING' AS ANTI-CRIME
WEAPON
BYLINE: By Mike Dorning and Mary Jacoby, Washington Bureau.
DATELINE: WASHINGTON
BODY:
Chicago's Rod Blagojevich may be building a political career on spray paint.
The Chicago Democrat is beginning his freshman congressional term by
returning to the same issue he says occasioned his first meeting with Ald. Dick
Mell (33rd), his future father-in-law and political sponsor.
That's graffiti.
Turns out that when Blagojevich was a young prosecutor in the Cook County
state's attorney's office, Mell came to that office to make sure Blagojevich and
the other prosecutors took seriously graffiti-painting incidents in the 33rd
Ward.
Blagojevich says he did. And, apparently, he still does.
The congressman is now working on legislation for a $10 million national
pilot program to fund "community prosecutors" who would be based in
neighborhoods and devote themselves to prosecution of "quality of life" crimes
(graffiti, for example).
Blagojevich calls it "the prosecution equivalent of community policing."
The idea is for prosecutors stationed within neighborhoods to work with
residents to target minor nuisances that disrupt the community.
It draws on the recent fashion in the law enforcement community to focus on
the "broken windows" phenomenon: Just as unrepaired broken windows on a building
tend to draw further acts of vandalism, undeterred acts of petty crime create a
disorderly atmosphere that fosters more dangerous criminal acts.
Two Harvard University academics wrote an influential article pointing this
out during the early 1980s--just about the same time Ald. Mell, sans Ph.D., was
lecturing the young prosecutors.
Bill Tracking Report
105th Congress
1st Session
U.S. House of Representatives
HR 863
1997 Bill Tracking H.R. 863; 105 Bill Tracking H.R. 863
COMMUNITY PROSECUTOR ACT OF 1997
<=1> Retrieve full text version
DATE-INTRO: February 27, 1997
LAST-ACTION-DATE: April 29, 1997
STATUS: Referred to committee
SPONSOR: Representative Rod Blagojevich D-IL
TOTAL-COSPONSORS: 7 Cosponsors: 7 Democrats / 0 Republicans
SYNOPSIS: A bill to establish or expand existing community prosecution program.
ACTIONS: Committee Referrals:
02/27/97 House Judiciary Committee
Legislative Chronology:
1st Session Activity:
02/27/97 143 Cong Rec H 699 Referred to the House Judiciary Committee
04/29/97 143 Cong Rec H 1988 Cosponsor(s) added
BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
Short title as introduced :
Community Prosecutor Act of 1997
CRS Index Terms:
Criminal justice
Budgets
Citizen participation in crime prevention
Community organization
Crime prevention
Evaluation research (Social action programs)
Federal aid to law enforcement agencies
Government information
Government paperwork
Prosecution
Social services
CO-SPONSORS:
Added 04/29/97:
Delahunt D-MA
Kind D-WI
Lipinski D-IL
McGovern D-MA
Underwood D-GU
Weygand D-RI
Yates D-IL
FULL TEXT OF BILLS
105TH CONGRESS; 1ST SESSION
IN THE HOUSE OF REPRESENTATIVES
AS INTRODUCED IN THE HOUSE
H. R. 863
1997 H.R. 863; 105 H.R. 863
<=1> Retrieve Bill Tracking Report
SYNOPSIS:
A BILL To establish or expand existing community prosecution programs.
DATE OF INTRODUCTION: FEBRUARY 27, 1997
DATE OF VERSION: MARCH 3, 1997 -- VERSION: 1
SPONSOR(S):
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on the Judiciary
TEXT:
* Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled,*
SECTION 1. SHORT TITLE
This Act may be cited as the "Community Prosecutor Act of 1997".
SEC. 2. GRANT AUTHORIZATION.
(a) IN GENERAL.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT, AND
INDIAN TRIBAL
PROSECUTORS TO ESTABLISH OR EXPAND EXISTING COMMUNITY PROSECUTION
PROGRAMS, INCLUDING HIRING AND TRAINING PROSECUTORS FOR SUCH
PROGRAMS.
(B) EQUITABLE DISTRIBUTION.-THE ATTORNEY GENERAL SHOULD ENSURE, TO
THE
EXTENT POSSIBLE, THAT GRANTS AWARDED UNDER THIS ACT ARE DISTRIBUTED
EQUITABLY BETWEEN URBAN AND RURAL COMMUNITIES.
SEC. 3. ELIGIBILITY.
(a) IN GENERAL.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS ACT, STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT AND
INDIAN TRIBAL PROSECUTORS MAY APPLY FOR AN AWARD TO ESTABLISH OR
CONTINUE EXISTING COMMUNITY-ORIENTED PROSECUTION PROGRAMS.
(B) APPLICATION.-TO APPLY FOR A GRANT, AN INTERESTED ELIGIBLE ENTITY
SHALL SUBMIT AN APPLICATION TO THE ATTORNEY GENERAL IN SUCH FORM AS
THE ATTORNEY GENERAL SHALL PRESCRIBE BY REGULATIONS OR GUIDELINES.
(C) CONTENTS.-EACH APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE OBJECTIVES, AND NEED, INCLUDING PUBLIC SAFETY, FOR A GRANT
AWARD.
(2) A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION PLAN.
(3) CERTIFICATION OF COORDINATION AND SPECIFIC COMMITMENTS BY THE
COMMUNITY TO BE SERVED BY THE GRANT TO PARTICIPATE IN A PROGRAM
DESCRIBED UNDER PARAGRAPH (2).
(4) A DESCRIPTION OF THE GEOGRAPHICAL AREA TO BE SERVED.
(5) IDENTIFICATION OF RELATED INITIATIVES WHICH WILL COMPLEMENT OR
BE COORDINATED WITH A PROGRAM FUNDED UNDER THIS ACT.
(6) AN ASSURANCE THAT FUNDS RECEIVED UNDER THIS ACT WILL BE USED TO
SUPPLEMENT NOT SUPPLANT OTHER FEDERAL FUNDS.
SEC. 4. USES OF FUNDS.
(a) IN GENERAL-FUNDS PROVIDED UNDER THIS ACT MAY BE USED TO HIRE
STAFF, PROCURE EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS OR PAY
OVERTIME IN THE ESTABLISHMENT OF COMMUNITY-ORIENTED PROSECUTION
PROGRAMS IF THE ELIGIBLE ENTITY CAN DEMONSTRATE TO THE SATISFACTION
OF THE ATTORNEY GENERAL THAT THE EXPENDITURES WOULD RESULT IN A
SUCCESSFUL REDUCTION IN CRIME.
(B) LOCAL MATCH.-THE FEDERAL SHARE OF A GRANT MADE UNDER THIS ACT
MAY NOT EXCEED 75 PERCENT OF THE TOTAL COSTS OF THE PROGRAM
DESCRIBED IN THE APPLICATION SUBMITTED PURSUANT TO SECTION 3(B). THE
ATTORNEY GENERAL MAY WAIVE, IN WHOLE OR IN PART, THE REQUIREMENT OF
A MATCHING CONTRIBUTION AND MAY CONSIDER IN-KIND CONTRIBUTIONS,
FAIRLY VALUED, IN LIEU OF THE LOCAL MATCHING REQUIREMENT. SEC. 5.
EVALUATIONS.
(a) IN GENERAL.-EACH PROGRAM OR PROJECT FUNDED UNDER THIS ACT SHALL
CONTAIN A MONITORING COMPONENT DEVELOPED PURSUANT TO GUIDELINES
ESTABLISHED BY THE ATTORNEY GENERAL, INCLUDING THE IDENTIFICATION
AND COLLECTION OF DATA REGARDING THE ACTIVITIES AND ACCOMPLISHMENTS
OF THE PROGRAM OVER THE LIFE OF THE GRANT AWARD. THE ATTORNEY
GENERAL MAY REQUIRE GRANT RECIPIENTS TO SUBMIT WRITTEN REPORTS
WHICH DESCRIBE THE MONITORING PROCESS AND EVALUATION RESULTS.
(B) INFORMATION ACCESS.-THE ATTORNEY GENERAL SHALL HAVE ACCESS TO
ANY PERTINENT DOCUMENTS OR RECORDS RELATING TO THE PROGRAM FOR THE
PURPOSES OF EVALUATION AND AUDIT.
(C) REVOCATION OR SUSPENSION.-II THE ATTORNEY GENERAL DETERMINES, AS
A RESULT OF THE REVIEWS DESCRIBED IN THIS SECTION, THAT A GRANT
RECIPIENT IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE TERMS AND
REQUIREMENTS DESCRIBED IN THIS ACT, OR WITH THE REGULATIONS ISSUED BY
THE ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY REVOKE OR SUSPEND
GRANT FUNDING, IN WHOLE OR IN PART AFTER OPPORTUNITY FOR A HEARING.
SEC. 6. STUDY.
Not more than one percent of the funds appropriated to carry out this
Act shall be directed to the Attorney General to finance a study
evaluating grants made under this Act. At a minimum, this study shall
include the following:
(1) The number of grant awards made and the amount of each grant.
(2) The recipients of grants, including the communities in which
they are based.
(3) The purposes for which the grants were awarded and used.
(4) An evaluation of the achievement of each recipient's stated
goals and objectives.
(5) An assessment of the effect the program had in encouraging and
supporting coordinated community action against crime.
(6) Specific recommendations for further funding for each grant
recipient.
(7) Specific recommendations for future operations of the grant
program and its guidelines.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
The Washington Post
May 04, 1997, Sunday, Final Edition
SECTION: METRO; Pg. B01
LENGTH: 1059 words
HEADLINE: Howard County Seeks to Erase Graffiti, Other Quality-of-Life Crimes
BYLINE: Fern Shen, Washington Post Staff Writer
BODY:
Someone had spray-painted the letters "SPC" all over a convenience store in
the suburban Howard County community of Columbia. Big deal. It's the kind of
obnoxious-but-low-level crime that is usually handled in District Court, along
with minor traffic infractions.
But the alleged graffiti writer was linked to other graffiti -- on a high
school scoreboard, highway overpasses, an 18-wheeler. His home was searched.
Evidence was seized. SPC was said to stand for "Satan's Perfect Child."
Christopher Falk, 23, of Columbia, was arrested and charged with 16 counts of
malicious destruction. This month, he faces a jury trial in Circuit Court. Why
the tough treatment?
Because the crime is precisely the kind of quality-of-life diminisher
targeted by the "community justice" program, established last year by the
state's attorney's office in Howard County and by an increasing number of
prosecutors nationwide.
Those prosecutors focus on crimes that "really stick in people's craws," said
Sang W. Oh, a prosecutor in the Howard County state's attorney's office.
Such programs have been criticized by defense attorneys as overkill, showy
public relations gestures that divert resources from serious crimes.
"Why don't they concentrate on rapes and murders?" said Falk's attorney,
William Hale, of Silver Spring. "They acted like the Gestapo; they treated him
like a war criminal. It's ridiculous."
But petty crimes are not so easily dismissed by the people victimized by
them, said Oh, one of two assistant state's attorneys assigned to the new Howard
County program.
"I don't know any one of my neighbors who have been raped or murdered, but I
know plenty whose mailboxes got run over, who had sleds stolen from the back
yard or whose cars got hit by kids who were drinking," Oh said.
Modeled after the community policing concept and often referred to as
"community prosecution," the programs place prosecutors in neighborhoods to
listen to residents' complaints about vandalism, threatening behavior,
small-time drug trafficking, petty theft and similar crimes.
"This is how prosecutors will work with communities in the future," said
State's Attorney Marna McLendon (R), who initiated the program on a pilot basis
in two Columbia villages, Harper's Choice and Wilde Lake.
Prosecutors have been logging long hours at neighborhood meetings and in the
schools, because juveniles are involved in many of the crimes they confront.
Similar programs have been established in the District; Chicago; New York;
Kansas City, Mo.; Cambridge, Mass., and many other cities, where residents and
law enforcement officials have struggled to find a more effective way to combat
"nuisance crimes."
"What you're seeing is the prosecutors redefining their roles a little bit,
so that they're not just responsible for responding to crimes, for processing
cases, but more for preventing crime," said Heike Gramcow, director of
management and program development for the American Prosecutors' Research
Institute, the research arm of the National District Attorneys Association.
The prosecutors who run a six-year-old program in Portland, Ore., say the
community has seen results as they closed crack houses and helped neighborhoods
get the speed bumps they wanted.
In Northeast Washington, where U.S. Attorney Eric H. Holder Jr. set up a
community prosecution pilot program last year, cases have run the gamut from
serious crimes, such as murders in particular neighborhoods, to nuisances, such
as abandoned automobiles and rat infestation.
"We're trying to be there for people, but also to give people a sense [of],
"This is your neighborhood; you've got to tell us what's going on,' said
Brenda Johnson, deputy chief of the District's community prosecution section.
In a neighborhood plagued by youths shooting at each other, prosecutors
cracked down, partly by charging some of the youths but also by bringing in
their mothers for a stern lecture, Johnson said. In another instance, Johnson
recalled, she helped an elderly woman complaining about a trashed-filled lot by
calling up the property owner and lambasting her for her negligence.
"We do a lot of that -- shaming people into doing right," Johnson said.
In the same way, Oh, in Howard County, is looking for a low-key but more
effective way to deal with a knife-carrying homeless man who has been
intimidating shoppers at one of the village centers.
"My first move will be to try and get the liquor store there to stop selling
him liquor. If he doesn't stop, I could get the other merchants there to lean on
him," Oh said. Prosecutors also might also seek addiction services for the man
or get his family involved, Oh said.
Columbia residents came up with a solution themselves in the case of a vacant
lot where people were gathering to drink and deal drugs: They circulated a
petition to have the lot legally designated as "open space," meaning it had to
close at 10 p.m. Oh researched the procedure in the law books and pushed their
proposal through all the necessary agencies. Now police can force people off the
lot after hours and ticket violators.
"Being in the position I was," Oh said, "I could grease the skids."
Oh's efforts in the graffiti case, however, seem overly harsh to Christopher
Falk's relatives, who say the county is making him "a scapegoat."
"They decided to add all the graffiti in Columbia to his case," said Falk's
mother, Geraldine Falk, whose son lives with her. "I don't even know if he did
it or not. But do they really have to go to such an extent for something so
minor? I think they just don't have enough to do."
Oh, however, said his efforts are meant to send "a strong message of
deterrence."
"We want it understood this [graffiti] will not be tolerated," he said.
"That's a sentiment that I got loud and clear from the community."
Ordinarily, such a case would have remained in District Court, Oh said, where
an offender probably would receive a suspended sentence or probation before
judgment, meaning the person would not have a criminal record.
Oh, however, plans to seek sizable restitution and some "more appropriate
punishment."
"The things I'm hearing people talk about are old-fashioned punishments, like
making the person go out and repaint where they'd painted," Oh said. "I like the
sound of that."
LANGUAGE: ENGLISH
LOAD-DATE: May 04, 1997
The Boston Herald
February 23, 1997 Sunday FIRST EDITION
SECTION: EDITORIAL; Pg. 023
LENGTH: 1099 words
HEADLINE: Prosecutors play hardball - With citizens, police and courts working
together, crime drops dramatically
BYLINE: By Catherine Coles and George L. Kelling
BODY:
Crime levels are dropping in Boston at a remarkable rate. The reductions in
violent juvenile crime since 1990 (juvenile homicides down 80 percent) and
during 1996 (no firearm murders of juveniles) are stunning achievements. The
Police Department is deservedly receiving praise for its creative efforts, all
the more noteworthy when only four years ago the St. Clair Commission excoriated
the department for its inability to plan and implement community policing.
Yet more is happening in Boston than dramatic changes in policing: A
parallel, if unrecognized, revolution is taking place in prosecution.
On a May 1995 weekend, when police undertook the first so-called zero
tolerance sweep against prostitution, public drinking, disorderly conduct and
quality of life crimes in East Boston's Safe Neighborhood Initiative, Assistant
District Attorney David Coffey was there. Coffey had worked with citizens and
police for months to plan the initiative - with the district court presiding
judge to handle anticipated arrests - and was committed to prosecuting the
resulting cases.
About 50 arrests were made. By Sunday, police were picking up word on the
streets - offenders knew something was happening and were lying low. And the
police were amazed that Coffey had worked alongside them on Friday and Saturday
nights, not just in the courtroom but on the streets and in the station.
Coffey is not alone. Other prosecutors are moving out of their offices and
courtrooms, into the streets of Dorchester, Roxbury and Chelsea, to collaborate
with citizens, to address local priorities and problems. Adopting a
problem-solving orientation - rather than concentrating solely on processing
cases involving crimes already committed - represents a return to an earlier
historical era for American prosecution.
Historian Allen Steinberg provides rich accounts of 19th-century century
private prosecution in which poor and working-class citizens turned to
prosecution to settle disputes, maintain order and protect themselves, bringing
to the criminal courts their disputes over everything large and small - noisy
nuisance charges between tenants, disorderly conduct, the dissolution of
business contracts, larceny, and assault and battery.
During the second half of the 19th century, with the creation of professional
police forces and their broad powers of arrest, state prosecutors assumed
increasing responsibility for dealing with the cases brought to them by the
police. Citizens began to lose direct access to criminal justice processes - a
trend that grew stronger during the 20th century, with greater
professionalization in the roles of police and prosecutors.
Today the watchword is "community prosecution." Taking its cue from citizens
themselves, and from community policing, community prosecution emphasizes crime
prevention as well as enforcement, and quality of life issues in addition to
violent crime. Community prosecutors lead in building coalitions with police,
other criminal justice agencies, elected officials, community organizations,
local businesses, schools, churches and residents - and then work as part of a
team to develop strategies, identify and obtain resources, and assume joint
responsibility for improving public safety.
Most use problem solving to aggressively prosecute habitual and violent
offenders, while forming community-based partnerships to develop diversion,
treatment, mediation, and community service or restitution options in which both
offenders and the community are better served by rehabilitation or swift
punishment than they are by incarceration.
In Boston, Suffolk County District Attorney Ralph Martin and Massachusetts
Attorney General Scott Harshbarger have created several Safe Neighborhood
Initiatives, placing prosecutors such as David Coffey in target neighborhoods
where they get to know residents and crime problems. They meet with crime watch
groups, neighborhood associations and citizen advisory councils. They prosecute
cases from the area and, along with citizens, police, corrections and probation
officials, plan law enforcement and other efforts to prevent or reduce crime -
from sting operations to mediation, elderly safety education, youth activities,
alcohol abuse programs and a host of others.
The results are convincing: Residents and merchants see an improved quality
of life on streets they feel are safer, and crime has decreased significantly
(down 18 percent in East Boston in 1996). Prosecution rates are up - close to 90
percent of offenders arrested through East Boston SNI activities in 1996 were
prosecuted.
Through the Community Based Juvenile Justice Program, other prosecutors lead
discussions with middle and high school officials to identify and assist youth
at risk to themselves; in the courtroom they prosecute more resistant juvenile
offenders to protect other students and the community. Upcoming plans call for
placing assistant district attorneys directly in neighborhood police stations
around the city to coordinate their activities closely with police.
Community prosecution is producing important outcomes nationwide. In Austin,
Texas; Kansas City, Mo.; Indianapolis, Ind.; and Portland, Ore., it is helping
to reverse the alienation of citizens from criminal justice processes,
rebuilding a sense of responsibility and involvement for maintaining safety in
their own neighborhoods - a change that in the long run is likely to do more for
our cities than any actions by police or prosecutors.
Prosecutors are affecting crime rates and the quality of life in their
communities. They possess legal knowledge required by police and citizens. They
have access to judges and courts, and carry the ball beyond the arrest stage,
prosecuting low-level offenses and violent crimes. Because they are elected,
prosecutors are the only criminal justice officials directly accountable to the
public. Without prosecutors on board, reductions in crime around the country
cannot be sustained; with their leadership, we may not yet have seen the full
extent of what can be achieved to restore order and reduce crime in our
neighborhoods.
Catherine Coles and George Kelling, co-authors of "Fixing Broken Windows,"
are completing a National Institute of Justice study of community-based
prosecution and policing in Boston, Austin, Kansas City and Indianapolis. Coles
is an urban anthropologist, lawyer and research associate at the Kennedy School
of Governnient, Harvard University. Kelling is professor of criminal justice at
Rutgers University and a research fellow at the Kennedy School.
LOAD-DATE: February 26, 1997
ABC NEWS
SHOW: WORLD NEWS TONIGHT WITH PETER JENNINGS (6:30 pm ET)
MAY 8, 1997
Transcript # 97050807-j04
TYPE: PACKAGE
SECTION: NEWS
LENGTH: 688 words
HEADLINE: SOLUTIONS
BYLINE: JAMES WALKER, PETER JENNINGS
HIGHLIGHT:
NEIGHBORHOOD PROSECUTOR TACKLES CITIZENS COMPLAINTS
BODY:
ANNOUNCER: World News Tonight with Peter Jennings continues. Now, "Solutions."
PETER JENNINGS: Our focus tonight is on crime. The big story lately has been
that the crime rate in many cities has been going down. Some of the credit goes
to a change in the way police are operating, going back to the way police used
to do their jobs -- walking a beat, spending real time in neighborhoods,
becoming a part of it in essence.
Tonight, ABC S James Walker reports on a community which has taken that
personal approach one step further.
JAMES WALKER, ABC News: (voice-over) East Boston has a very unusual tool for
fighting crime -- its own neighborhood prosecutor, John Pappas (ph).
JOHN PAPPAS, Prosecutor: He S being held on $20,000 cash bail.
JAMES WALKER: (voice-over) He meets regularly with citizen S groups to heartheir
concerns, not so much about major crimes but what affects them every day,
like graffiti, loitering or underaged drinking.
EAST BOSTON CITIZEN: I know that he is past. You could stand right out in the
square here and just watch him walk by carrying the cases of liquor.
JAMES WALKER: (voice-over) Pappas takes the citizens complaints to a special
task force of local judges and police who develop an immediate strategy to solve
their concerns.
POLICE DETECTIVE: There he goes.
JAMES WALKER: (voice-over) And detectives follow up with a sting operation,
sending a 20-year-old police cadet into East Boston S liquor stores.
POLICE DETECTIVE: It S a score. He S underaged. You failed to check his
identification to see the correct age.
JAMES WALKER: (voice-over) In addition to issuing the usual summons, police will
also file a criminal complaint, and the prosecutor will give it extra attention.
In court, prosecutor Pappas consistently reflects the community S priorities.
For example, a small marijuana case -- too small to keep the defendant in jail ntil he S tried.
But Pappas gets him out of the community immediately.
JOHN PAPPAS: I wanted to ask that he stay away from that area for the pendency
of this case, Your Honor.
JUDGE: A condition of your release, sir, you will remain away from that
particular area where you were arrested.
CATHERINE COLES, Harvard University: You can see immediate problems being
solved. You know, a single, troublesome individual gotten off the street, out
of the neighborhood due to the combined efforts of prosecutors and citizens and
police all working together.
JAMES WALKER: (on camera) The idea of vigorously prosecuting so-called quality
of life crimes such as public intoxication or loitering is just starting to be
adopted by prosecutors across the country. What they are realizing is that by
addressing residents complaints, they not only build a partnership with
communities, they also stop small crimes before they turn into more serious
offenses.
(voice-over) Since this partnership again in East Boston three years ago, the
overall crime rate has dropped 25 percent. Car thefts are down 52 percent;drugs, 56 percent;
and prostitution, a stunning 80 percent.
FRAN RILEY, East Boston Resident: You can walk our streets now. It S safe. I
can out with my granddaughter now, you know, walk around, whereas a couple of
years back, it was getting kind of nasty.
MARTIN COUGHLIN, East Boston Resident: You don t see a drug dealer around.
You can look around. There S nobody here.
JAMES WALKER: (voice-over) Neighbors point with pride to East Boston S central
square. A few years ago, it was a haven for drunks and drug dealers. Now, it
again belongs to the people. James Walker, ABC News, East Boston,
Massachusetts.
PETER JENNINGS: This concept is still pretty new. But several other cities are
trying it, including Kansas City, Indianapolis, Portland, Oregon, and Austin,
Texas.
MEMORANDUM
TO:
TOM FREEDMAN
FROM:
MARY L. SMITH
RE:
COMMUNITY PROSECUTORS
DATE:
JUNE 3, 1997
SUMMARY
Instead of locating prosecutors in a centralized, downtown office, prosecutors are
stationed in specific neighborhoods to work with the residents to deal with crime issues in
innovative ways. Rep. Rod Blagojevich (D-IL) has introduced H.R. 863 entitled the "The
Community Prosecutor Act of 1997" which would create a $10 million national pilot program to
fund "community prosecutors." [Chicago Tribune, 2/9/97 & H.R. 863]
COMMUNITY PROSECUTORS
Community prosecutors are assigned to specific areas in communities in order to work
with police and civic groups to deter crime. Community prosecutors work on any case that arises
in their assigned area rather than on a specific type of case such as homicides. Because they are
involved in all aspects of crime in one geographic area, these prosecutors are able to understand
the fabric and overall makeup of the community better. These prosecutors also focus more on
preventing crime than traditional prosecutors. They may work with community groups in order to
implement innovative strategies to address community crime problems like graffiti.
STATISTICS AND SUCCESS STORIES
Boston: Residents and merchants see an improved quality of life and feel safer on
the streets. Since community prosecution began in East Boston three years ago,
the overall crime rate has dropped 25%, car thefts are down 52%, and prostitution
is down 80%. Prosecution rates are up -- close to 90% of offenders arrested
through East Boston Safe Neighborhood Initiative Activities (SNI) in 1996 were
prosecuted. Through the Community-Based Juvenile Justice Program, other
prosecutors lead discussions with middle and high school officials to identify and
assist at-risk youths. [Boston Herald, 2/23/97 & ABC World News Tonight,
5/08/97]
Howard County, MD: Residents have seen results with improvements such as
clearing a vacant lot of drinking and drug dealing by declaring it as "open space,"
meaning it had to close at 10 p.m. [Washington Post, 5/04/97]
1
Washington, D.C.: In Northeast Washington, U.S. Attorney Eric H. Holder, Jr.,
set up a community prosecution pilot program last year. Cases have ranged from
serious crimes such as murder to nuisances such as abandoned automobiles and rat
infestation. In one neighborhood, prosecutors cracked down on youths shooting
at one another by charging some of the youths but also by bringing in their mothers
for a stern lecture.
RELATION TO COMMUNITY POLICING
Community prosecution is sometimes adopted as an adjunct to community policing (as in
New York City), and sometimes by itself (as in Portland, Oregon, and Austin, Texas).
LOCATIONS OF COMMUNITY PROSECUTORS
Austin, TX
Boston, MA
Brooklyn, NY
Cambridge, MA
Chicago, IL
Denver, CO
Howard County, MD
Indianapolis, IN.
Kansas City, MO
Milwaukee, WI
New York, NY
Portland, OR
Washington, D.C.
2
Chicago Tribune
February 9, 1997 Sunday, CHICAGOLAND FINAL EDITION
SECTION: METRO CHICAGO; Pg. 3; ZONE: C; D.C. Journal.
LENGTH: 811 words
HEADLINE: BLAGOJEVICH TAGS 'COMMUNITY PROSECUTING' AS ANTI-CRIME
WEAPON
BYLINE: By Mike Dorning and Mary Jacoby, Washington Bureau.
DATELINE: WASHINGTON
BODY:
Chicago's Rod Blagojevich may be building a political career on spray paint.
The Chicago Democrat is beginning his freshman congressional term by
returning to the same issue he says occasioned his first meeting with Ald. Dick
Mell (33rd), his future father-in-law and political sponsor.
That's graffiti.
Turns out that when Blagojevich was a young prosecutor in the Cook County
state's attorney's office, Mell came to that office to make sure Blagojevich and
the other prosecutors took seriously graffiti-painting incidents in the 33rd
Ward.
Blagojevich says he did.. And, apparently, he still does.
The congressman is now working on legislation for a $10 million national
pilot program to fund "community prosecutors" who would be based in
neighborhoods and devote themselves to prosecution of "quality of life" crimes
(graffiti, for example).
Blagojevich calls it "the prosecution equivalent of community policing."
The idea is for prosecutors stationed within neighborhoods to work with
residents to target minor nuisances that disrupt the community.
It draws on the recent fashion in the law enforcement community to focus on
the "broken windows" phenomenon: Just as unrepaired broken windows on a building
tend to draw further acts of vandalism, undeterred acts of petty crime create a
disorderly atmosphere that fosters more dangerous criminal acts.
Two Harvard University academics wrote an influential article pointing this
out during the early 1980s--just about the same time Ald. Mell, sans Ph.D., was
lecturing the young prosecutors.
Bill Tracking Report
105th Congress
1st Session
U.S. House of Representatives
HR 863
1997 Bill Tracking H.R. 863; 105 Bill Tracking H.R. 863
COMMUNITY PROSECUTOR ACT OF 1997
<=1> Retrieve full text version
DATE-INTRO: February 27, 1997
LAST-ACTION-DATE: April 29, 1997
STATUS: Referred to committee
SPONSOR: Representative Rod Blagojevich D-IL
TOTAL-COSPONSORS: 7 Cosponsors: 7 Democrats / 0 Republicans
SYNOPSIS: A bill to establish or expand existing community prosecution program.
ACTIONS: Committee Referrals:
02/27/97 House Judiciary Committee
Legislative Chronology:
1st Session Activity:
02/27/97 143 Cong Rec H 699 Referred to the House Judiciary Committee
04/29/97 143 Cong Rec H 1988 Cosponsor(s) added
BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
Short title as introduced :
Community Prosecutor Act of 1997
CRS Index Terms:
Criminal justice
Budgets
Citizen participation in crime prevention
Community organization
Crime prevention
Evaluation research (Social action programs)
Federal aid to law enforcement agencies
Government information
Government paperwork
Prosecution
Social services
CO-SPONSORS:
Added 04/29/97:
Delahunt D-MA
Kind D-WI
Lipinski D-IL
McGovern D-MA
Underwood D-GU
Weygand D-RI
Yates D-IL
FULL TEXT OF BILLS
105TH CONGRESS; 1ST SESSION
IN THE HOUSE OF REPRESENTATIVES
AS INTRODUCED IN THE HOUSE
H. R. 863
1997 H.R. 863; 105 H.R. 863
<=1> Retrieve Bill Tracking Report
SYNOPSIS:
A BILL To establish or expand existing community prosecution programs.
DATE OF INTRODUCTION: FEBRUARY 27, 1997
DATE OF VERSION: MARCH 3, 1997 -- VERSION: 1
SPONSOR(S):
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on the Judiciary
TEXT:
* Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled,*
SECTION 1. SHORT TITLE:
This Act may be cited as the "Community Prosecutor Act of 1997".
SEC. 2. GRANT AUTHORIZATION.
(a) IN GENERAL.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT, AND
INDIAN TRIBAL
PROSECUTORS TO ESTABLISH OR EXPAND EXISTING COMMUNITY PROSECUTION
PROGRAMS, INCLUDING HIRING AND TRAINING PROSECUTORS FOR SUCH
PROGRAMS.
(B) EQUITABLE DISTRIBUTION.-THE ATTORNEY GENERAL SHOULD ENSURE, TO
THE
EXTENT POSSIBLE, THAT GRANTS AWARDED UNDER THIS ACT ARE DISTRIBUTED
EQUITABLY BETWEEN URBAN AND RURAL COMMUNITIES.
SEC. 3. ELIGIBILITY.
(a) IN GENERAL.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS ACT, STATE
ATTORNEYS GENERAL, PROSECUTORS, UNITS OF LOCAL GOVERNMENT AND
INDIAN TRIBAL PROSECUTORS MAY APPLY FOR AN AWARD TO ESTABLISH OR
CONTINUE EXISTING COMMUNITY-ORIENTED PROSECUTION PROGRAMS.
(B) APPLICATION.-TO APPLY FOR A GRANT, AN INTERESTED ELIGIBLE ENTITY
SHALL SUBMIT AN APPLICATION TO THE ATTORNEY GENERAL IN SUCH FORM AS
THE ATTORNEY GENERAL SHALL PRESCRIBE BY REGULATIONS OR GUIDELINES.
(C) CONTENTS.-EACH APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE OBJECTIVES, AND NEED, INCLUDING PUBLIC SAFETY, FOR A GRANT
AWARD.
(2) A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION PLAN.
(3) CERTIFICATION OF COORDINATION AND SPECIFIC COMMITMENTS BY THE
COMMUNITY TO BE SERVED BY THE GRANT TO PARTICIPATE IN A PROGRAM
DESCRIBED UNDER PARAGRAPH (2).
(4) A DESCRIPTION OF THE GEOGRAPHICAL AREA TO BE SERVED.
(5) IDENTIFICATION OF RELATED INITIATIVES WHICH WILL COMPLEMENT OR
BE COORDINATED WITH A PROGRAM FUNDED UNDER THIS ACT.
(6) AN ASSURANCE THAT FUNDS RECEIVED UNDER THIS ACT WILL BE USED TO
SUPPLEMENT NOT SUPPLANT OTHER FEDERAL FUNDS.
SEC. 4. USES OF FUNDS.
(a) IN GENERAL-FUNDS PROVIDED UNDER THIS ACT MAY BE USED TO HIRE
STAFF, PROCURE EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS OR PAY
OVERTIME IN THE ESTABLISHMENT OF COMMUNITY-ORIENTED PROSECUTION
PROGRAMS IF THE ELIGIBLE ENTITY CAN DEMONSTRATE TO THE SATISFACTION
OF THE ATTORNEY GENERAL THAT THE EXPENDITURES WOULD RESULT IN A
SUCCESSFUL REDUCTION IN CRIME.
(B) LOCAL MATCH.-THE FEDERAL SHARE OF A GRANT MADE UNDER THIS ACT
MAY NOT EXCEED 75 PERCENT OF THE TOTAL COSTS OF THE PROGRAM
DESCRIBED IN THE APPLICATION SUBMITTED PURSUANT TO SECTION 3(B). THE
ATTORNEY GENERAL MAY WAIVE, IN WHOLE OR IN PART, THE REQUIREMENT OF
A MATCHING CONTRIBUTION AND MAY CONSIDER IN-KIND CONTRIBUTIONS,
FAIRLY VALUED, IN LIEU OF THE LOCAL MATCHING REQUIREMENT. SEC. 5.
EVALUATIONS.
(a) IN GENERAL.-EACH PROGRAM OR PROJECT FUNDED UNDER THIS ACT SHALL
CONTAIN A MONITORING COMPONENT DEVELOPED PURSUANT TO GUIDELINES
ESTABLISHED BY THE ATTORNEY GENERAL, INCLUDING THE IDENTIFICATION
AND COLLECTION OF DATA REGARDING THE ACTIVITIES AND ACCOMPLISHMENTS
OF THE PROGRAM OVER THE LIFE OF THE GRANT AWARD. THE ATTORNEY
GENERAL MAY REQUIRE GRANT RECIPIENTS TO SUBMIT WRITTEN REPORTS
WHICH DESCRIBE THE MONITORING PROCESS AND EVALUATION RESULTS.
(B) INFORMATION ACCESS.-THE ATTORNEY GENERAL SHALL HAVE ACCESS TO
ANY PERTINENT DOCUMENTS OR RECORDS RELATING TO THE PROGRAM FOR THE
PURPOSES OF EVALUATION AND AUDIT.
(C) REVOCATION OR SUSPENSION.-IF THE ATTORNEY GENERAL DETERMINES, AS
A RESULT OF THE REVIEWS DESCRIBED IN THIS SECTION, THAT A GRANT
RECIPIENT IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE TERMS AND
REQUIREMENTS DESCRIBED IN THIS ACT, OR WITH THE REGULATIONS ISSUED BY
THE ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY REVOKE OR SUSPEND
GRANT FUNDING, IN WHOLE OR IN PART AFTER OPPORTUNITY FOR A HEARING.
SEC. 6. STUDY.
Not more than one percent of the funds appropriated to carry out this
Act shall be directed to the Attorney General to finance a study
evaluating grants made under this Act. At a minimum, this study shall
include the following:
(1) The number of grant awards made and the amount of each grant.
(2) The recipients of grants, including the communities in which
they are based.
(3) The purposes for which the grants were awarded and used.
(4) An evaluation of the achievement of each recipient's stated
goals and objectives.
(5) An assessment of the effect the program had in encouraging and
supporting coordinated community action against crime.
(6) Specific recommendations for further funding for each grant
recipient.
(7) Specific recommendations for future operations of the grant
program and its guidelines.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
The Boston Herald
February 23, 1997 Sunday FIRST EDITION
SECTION: EDITORIAL; Pg. 023
LENGTH: 1099 words
HEADLINE: Prosecutors play hardball - With citizens, police and courts working
together, crime drops dramatically
BYLINE: By Catherine Coles and George L. Kelling
BODY:
Crime levels are dropping in Boston at a remarkable rate. The reductions in
violent juvenile crime since 1990 (juvenile homicides down 80 percent) and
during 1996 (no firearm murders of juveniles) are stunning achievements. The
Police Department is deservedly receiving praise for its creative efforts, all
the more noteworthy when only four years ago the St. Clair Commission excoriated
the department for its inability to plan and implement community policing.
Yet more is happening in Boston than dramatic changes in policing: A
parallel, if unrecognized, revolution is taking place in prosecution.
On a May 1995 weekend, when police undertook the first so-called zero
tolerance sweep against prostitution, public drinking, disorderly conduct and
quality of life crimes in East Boston's Safe Neighborhood Initiative, Assistant
District Attorney David Coffey was there. Coffey had worked with citizens and
police for months to plan the initiative - with the district court presiding
judge to handle anticipated arrests - and was committed to prosecuting the
resulting cases.
About 50 arrests were made. By Sunday, police were picking up word on the
streets - offenders knew something was happening and were lying low. And the
police were amazed that Coffey had worked alongside them on Friday and Saturday
nights, not just in the courtroom but on the streets and in the station.
Coffey is not alone. Other prosecutors are moving out of their offices and
courtrooms, into the streets of Dorchester, Roxbury and Chelsea, to collaborate
with citizens, to address local priorities and problems. Adopting a
problem-solving orientation - rather than concentrating solely on processing
cases involving crimes already committed - represents a return to an earlier
historical era for American prosecution.
Historian Allen Steinberg provides rich accounts of 19th-century century
private prosecution in which poor and working-class citizens turned to
prosecution to settle disputes, maintain order and protect themselves, bringing
to the criminal courts their disputes over everything large and small - noisy
nuisance charges between tenants, disorderly conduct, the dissolution of
business contracts, larceny, and assault and battery.
During the second half of the 19th century, with the creation of professional
police forces and their broad powers of arrest, state prosecutors assumed
increasing responsibility for dealing with the cases brought to them by the
police. Citizens began to lose direct access to criminal justice processes - a
trend that grew stronger during the 20th century, with greater
professionalization in the roles of police and prosecutors.
Today the watchword is "community prosecution." Taking its cue from citizens
themselves, and from community policing, community prosecution emphasizes crime
prevention as well as enforcement, and quality of life issues in addition to
violent crime. Community prosecutors lead in building coalitions with police,
other criminal justice agencies, elected officials, community organizations,
local businesses, schools, churches and residents - and then work as part of a
team to develop strategies, identify and obtain resources, and assume joint
responsibility for improving public safety.
Most use problem solving to aggressively. prosecute habitual and violent
offenders, while forming community-based partnerships to develop diversion,
treatment, mediation, and community service or restitution options in which both
offenders and the community are better served by rehabilitation or swift
punishment than they are by incarceration.
In Boston, Suffolk County District Attorney Ralph Martin and Massachusetts
Attorney General Scott Harshbarger have created several Safe Neighborhood
Initiatives, placing prosecutors such as David Coffey in target neighborhoods
where they get to know residents and crime problems. They meet with crime watch
groups, neighborhood associations and citizen advisory councils. They prosecute
cases from the area and, along with citizens, police, corrections and probation
officials, plan law enforcement and other efforts to prevent or reduce crime -
from sting operations to mediation, elderly safety education, youth activities,
alcohol abuse programs and a host of others.
The results are convincing: Residents and merchants see an improved quality
of life on streets they feel are safer, and crime has decreased significantly
(down 18 percent in East Boston in 1996). Prosecution rates are up - close to 90
percent of offenders arrested through East Boston SNI activities in 1996 were
prosecuted.
Through the Community Based Juvenile Justice Program, other prosecutors lead
discussions with middle and high school officials to identify and assist youth
at risk to themselves; in the courtroom they prosecute more resistant juvenile
offenders to protect other students and the community. Upcoming plans call for
placing assistant district attorneys directly in neighborhood police stations
around the city to coordinate their activities closely with police.
Community prosecution is producing important outcomes nationwide. In Austin,
Texas; Kansas City, Mo.; Indianapolis, Ind.; and Portland, Ore., it is helping
to reverse the alienation of citizens from criminal justice processes,
rebuilding a sense of responsibility and involvement for maintaining safety in
their own neighborhoods - a change that in the long run is likely to do more for
our cities than any actions by police or prosecutors.
Prosecutors are affecting crime rates and the quality of life in their
communities. They possess legal knowledge required by police and citizens. They
have access to judges and courts, and carry the ball beyond the arrest stage,
prosecuting low-level offenses and violent crimes. Because they are elected,
prosecutors are the only criminal justice officials directly accountable to the
public. Without prosecutors on board, reductions in crime around the country
cannot be sustained; with their leadership, we may not yet have seen the full
extent of what can be achieved to restore order and reduce crime in our
neighborhoods.
Catherine Coles and George Kelling, co-authors of "Fixing Broken Windows,"
are completing a National Institute of Justice study of community-based
prosecution and policing in Boston, Austin, Kansas City and Indianapolis. Coles
is an urban anthropologist, lawyer and research associate at the Kennedy School
of Governnient, Harvard University. Kelling is professor of criminal justice at
Rutgers University and a research fellow at the Kennedy School.
LOAD-DATE: February 26, 1997
ABC NEWS
SHOW: WORLD NEWS TONIGHT WITH PETER JENNINGS (6:30 pm ET)
MAY 8, 1997
Transcript # 97050807-j04
TYPE: PACKAGE
SECTION: NEWS
LENGTH: 688 words
HEADLINE: SOLUTIONS
BYLINE: JAMES WALKER, PETER JENNINGS
HIGHLIGHT:
NEIGHBORHOOD PROSECUTOR TACKLES CITIZENS COMPLAINTS
BODY:
ANNOUNCER: World News Tonight with Peter Jennings continues. Now, "Solutions."
PETER JENNINGS: Our focus tonight is on crime. The big story lately has been
that the crime rate in many cities has been going down. Some of the credit goes
to a change in the way police are operating, going back to the way police used
to do their jobs -- walking a beat, spending real time in neighborhoods,
becoming a part of it in essence.
Tonight, ABC S James Walker reports on a community which has taken that
personal approach one step further.
JAMES WALKER, ABC News: (voice-over) East Boston has a very unusual tool for
fighting crime -- its own neighborhood prosecutor, John Pappas (ph).
JOHN PAPPAS, Prosecutor: He S being held on $20,000 cash bail.
JAMES WALKER: (voice-over) He meets regularly with citizen S groups to heartheir
concerns, not so much about major crimes but what affects them every day,
like graffiti, loitering or underaged drinking.
EAST BOSTON CITIZEN: I know that he is past. You could stand right out in the
square here and just watch him walk by carrying the cases of liquor.
JAMES WALKER: (voice-over) Pappas takes the citizens complaints to a special
task force of local judges and police who develop an immediate strategy to solve
their concerns.
POLICE DETECTIVE: There he goes.
JAMES WALKER: (voice-over) And detectives follow up with a sting operation,
sending a 20-year-old police cadet into East Boston S liquor stores.
POLICE DETECTIVE: It S a score. He S underaged. You failed to check his
identification to see the correct age.
JAMES WALKER: (voice-over) In addition to issuing the usual summons, police will
also file a criminal complaint, and the prosecutor will give it extra attention.
In court, prosecutor Pappas consistently reflects the community S priorities.
For example, a small marijuana case -- too small to keep the defendant in jail ntil he S tried.
But Pappas gets him out of the community immediately.
JOHN PAPPAS: I wanted to ask that he stay away from that area for the pendency
of this case, Your Honor.
JUDGE: A condition of your release, sir, you will remain away from that
particular area where you were arrested.
CATHERINE COLES, Harvard University: You can see immediate problems being
solved. You know, a single, troublesome individual gotten off the street, out
of the neighborhood due to the combined efforts of prosecutors and citizens and
police all working together.
JAMES WALKER: (on camera) The idea of vigorously prosecuting so-called quality
of life crimes such as public intoxication or loitering is just starting to be
adopted by prosecutors across the country. What they are realizing is that by
addressing residents complaints, they not only build a partnership with
communities, they also stop small crimes before they turn into more serious
offenses.
(voice-over) Since this partnership again in East Boston three years ago, the
overall crime rate has dropped 25 percent. Car thefts are down 52 percent;drugs, 56 percent;
and prostitution, a stunning 80 percent.
FRAN RILEY, East Boston Resident: You can walk our streets now. It S safe. I
can out with my granddaughter now, you know, walk around, whereas a couple of
years back, it was getting kind of nasty.
MARTIN COUGHLIN, East Boston Resident: You don t see a drug dealer around.
You can look around. There S nobody here.
JAMES WALKER: (voice-over) Neighbors point with pride to East Boston S central
square. A few years ago, it was a haven for drunks and drug dealers. Now, it
again belongs to the people. James Walker, ABC News, East Boston,
Massachusetts.
PETER JENNINGS: This concept is still pretty new. But several other cities are
trying it, including Kansas City, Indianapolis, Portland, Oregon, and Austin,
Texas.
The Washington Post
May 04, 1997, Sunday, Final Edition
SECTION: METRO; Pg. B01
LENGTH: 1059 words
HEADLINE: Howard County Seeks to Erase Graffiti, Other Quality-of-Life Crimes
BYLINE: Fern Shen, Washington Post Staff Writer
BODY:
Someone had spray-painted the letters "SPC" all over a convenience store in
the suburban Howard County community of Columbia. Big deal. It's the kind of
obnoxious-but-low-level crime that is usually handled in District Court, along
with minor traffic infractions.
But the alleged graffiti writer was linked to other graffiti -- on a high
school scoreboard, highway overpasses, an 18-wheeler. His home was searched.
Evidence was seized. SPC was said to stand for "Satan's Perfect Child."
Christopher Falk, 23, of Columbia, was arrested and charged with 16 counts of
malicious destruction. This month, he faces a jury trial in Circuit Court. Why
the tough treatment?
Because the crime is precisely the kind of quality-of-life diminisher
targeted by the "community justice" program, established last year by the
state's attorney's office in Howard County and by an increasing number of
prosecutors nationwide.
Those prosecutors focus on crimes that "really stick in people's craws," said
Sang W. Oh, a prosecutor in the Howard County state's attorney's office.
Such programs have been criticized by defense attorneys as overkill, showy
public relations gestures that divert resources from serious crimes.
"Why don't they concentrate on rapes and murders?" said Falk's attorney,
William Hale, of Silver Spring. "They acted like the Gestapo; they treated him
like a war criminal. It's ridiculous."
But petty crimes are not so easily dismissed by the people victimized by
them, said Oh, one of two assistant state's attorneys assigned to the new Howard
County program.
"I don't know any one of my neighbors who have been raped or murdered, but I
know plenty whose mailboxes got run over, who had sleds stolen from the back
yard or whose cars got hit by kids who were drinking," Oh said.
Modeled after the community policing concept and often referred to as
"community prosecution," the programs place prosecutors in neighborhoods to
listen to residents' complaints about vandalism, threatening behavior,
small-time drug trafficking, petty theft and similar crimes.
"This is how prosecutors will work with communities in the future," said
State's Attorney Marna McLendon (R), who initiated the program on a pilot basis
in two Columbia villages, Harper's Choice and Wilde Lake.
Prosecutors have been logging long hours at neighborhood meetings and in the
schools, because juveniles are involved in many of the crimes they confront.
Similar programs have been established in the District; Chicago; New York;
Kansas City, Mo.; Cambridge, Mass., and many other cities, where residents and
law enforcement officials have struggled to find a more effective way to combat
"nuisance crimes."
"What you're seeing is the prosecutors redefining their roles a little bit,
so that they're not just responsible for responding to crimes, for processing
cases, but more for preventing crime," said Heike Gramcow, director of
management and program development for the American Prosecutors' Research
Institute, the research arm of the National District Attorneys Association.
The prosecutors who run a six-year-old program in Portland, Ore., say the
community has seen results as they closed crack houses and helped neighborhoods
get the speed bumps they wanted.
In Northeast Washington, where U.S. Attorney Eric H. Holder Jr. set up a
community prosecution pilot program last year, cases have run the gamut from
serious crimes, such as murders in particular neighborhoods, to nuisances, such
as abandoned automobiles and rat infestation.
"We're trying to be there for people, but also to give people a sense [of],
"This is your neighborhood; you've got to tell us what's going on,' said
Brenda Johnson, deputy chief of the District's community prosecution section.
In a neighborhood plagued by youths shooting at each other, prosecutors
cracked down, partly by charging some of the youths but also by bringing in
their mothers for a stern lecture, Johnson said. In another instance, Johnson
recalled, she helped an elderly woman complaining about a trashed-filled lot by
calling up the property owner and lambasting her for her negligence.
"We do a lot of that -- shaming people into doing right," Johnson said.
In the same way, Oh, in Howard County, is looking for a low-key but more
effective way to deal with a knife-carrying homeless man who has been
intimidating shoppers at one of the village centers.
"My first move will be to try and get the liquor store there to stop selling
him liquor. If he doesn't stop, I could get the other merchants there to lean on
him," Oh said. Prosecutors also might also seek addiction services for the man
or get his family involved, Oh said.
Columbia residents came up with a solution themselves in the case of a vacant
lot where people were gathering to drink and deal drugs: They circulated a
petition to have the lot legally designated as "open space," meaning it had to
close at 10 p.m. Oh researched the procedure in the law books and pushed their
proposal through all the necessary agencies. Now police can force people off the
lot after hours and ticket violators.
"Being in the position I was," Oh said, "I could grease the skids."
Oh's efforts in the graffiti case, however, seem overly harsh to Christopher
Falk's relatives, who say the county is making him "a scapegoat."
"They decided to add all the graffiti in Columbia to his case," said Falk's
mother, Geraldine Falk, whose son lives with her. "I don't even know if he did
it or not. But do they really have to go to such an extent for something so
minor? I think they just don't have enough to do."
Oh, however, said his efforts are meant to send "a strong message of
deterrence."
"We want it understood this [graffiti] will not be tolerated," he said.
"That's a sentiment that I got loud and clear from the community."
Ordinarily, such a case would have remained in District Court, Oh said, where
an offender probably would receive a suspended sentence or probation before
judgment, meaning the person would not have a criminal record.
Oh, however, plans to seek sizable restitution and some "more appropriate
punishment."
"The things I'm hearing people talk about are old-fashioned punishments, like
making the person go out and repaint where they'd painted," Oh said. "I like the
sound of that."
LANGUAGE: ENGLISH
LOAD-DATE: May 04, 1997