It takes a community to prosecute

Notre Dame Law Review

Volumn 77, Issue 2, 2002, Pages 321-371

  Thompson, Anthony C ^a,b,c  

^a NEW YORK UNIVERSITY   (United States)

^b HARVARD UNIVERSITY   (United States)

^c NORTHWESTERN UNIVERSITY   (United States)

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[No Author keywords available]

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EID: 70349446971     PISSN: 07453515     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (263)

1. See Mark Harrison Moore, Problem-Solving and Community Policing, in MODERN POLICING 99, 123 (Michael Tonry & Norval Morris eds., 1992) (arguing that community policing will result in stronger and safer communities); JEROME H. SKOLNICK, JUSTICE WITHOUT TRIAL: LAW ENFORCEMENT IN DEMOCRATIC SOCIETY 295-99 (1994) (pointing out that police departments are organizing more and more community based crime prevention activities); William J. Bratton, The New York City Police Department's Civil Enforcement of Quality-of-Life Crimes, 3 J.L. & POL'Y 447, 451 (1995) (describing how the New York City Police Department is reorganizing its resources and strategies to help communities counter the problems that afflict them). For further discussion of community policing, see infra notes 58-65 and accompanying text.
2. See Mark Harrison Moore, Problem-Solving and Community Policing, in MODERN POLICING 99, 123 (Michael Tonry & Norval Morris eds., 1992) (arguing that community policing will result in stronger and safer communities); JEROME H. SKOLNICK, JUSTICE WITHOUT TRIAL: LAW ENFORCEMENT IN DEMOCRATIC SOCIETY 295-99 (1994) (pointing out that police departments are organizing more and more community based crime prevention activities); William J. Bratton, The New York City Police Department's Civil Enforcement of Quality-of-Life Crimes, 3 J.L. & POL'Y 447, 451 (1995) (describing how the New York City Police Department is reorganizing its resources and strategies to help communities counter the problems that afflict them). For further discussion of community policing, see infra notes 58-65 and accompanying text.
3. See Mark Harrison Moore, Problem-Solving and Community Policing, in MODERN POLICING 99, 123 (Michael Tonry & Norval Morris eds., 1992) (arguing that community policing will result in stronger and safer communities); JEROME H. SKOLNICK, JUSTICE WITHOUT TRIAL: LAW ENFORCEMENT IN DEMOCRATIC SOCIETY 295-99 (1994) (pointing out that police departments are organizing more and more community based crime prevention activities); William J. Bratton, The New York City Police Department's Civil Enforcement of Quality-of-Life Crimes, 3 J.L. & POL'Y 447, 451 (1995) (describing how the New York City Police Department is reorganizing its resources and strategies to help communities counter the problems that afflict them). For further discussion of community policing, see infra notes 58-65 and accompanying text.
4. See, e.g., John J. Ammann, Addressing Quality of Life Crimes in Our Cities: Criminalization, Community Courts and Community Compassion, 44 ST. Louis U. L.J. 811, 815-19 (2000) (describing how different cities implement community courts). For further discussion of community courts, see infra notes 66-82 and accompanying text.
5. See, e.g., Kim Taylor-Thompson, Effective Assistance: Reconceiving the Role of the Chief Public Defender, 2 J. INST. FOR STUDY LEGAL ETHICS 199, 210-13 (1999); see also, e.g., Anthony V. Alfieri, (Er)Race-ing An Ethic of Justice, 51 STAN. L. REV. 935, 950 (1999) (advocating that defenders pay close attention to the impact of their advocacy on communities); N. Lee Cooper et al., Fulfilling the Promise of In re Gault: Advancing the Role of Lawyers for Children, 33 WAKE FOREST L. REV. 651, 671-72 (1998) (advocating a public education and advocacy role for juvenile defenders); Elisabeth Semel, The Lone Star State Is Not Alone in Denying Due Process to Those Who Face Execution, CHAMPION, July 1999, at 28, 29 (identifying the need for community defender programs). For further discussion of defenders' efforts to incorporate a community orientation into their work, see infra notes 85-89 and accompanying text.
6. See, e.g., Kim Taylor-Thompson, Effective Assistance: Reconceiving the Role of the Chief Public Defender, 2 J. INST. FOR STUDY LEGAL ETHICS 199, 210-13 (1999); see also, e.g., Anthony V. Alfieri, (Er)Race-ing An Ethic of Justice, 51 STAN. L. REV. 935, 950 (1999) (advocating that defenders pay close attention to the impact of their advocacy on communities); N. Lee Cooper et al., Fulfilling the Promise of In re Gault: Advancing the Role of Lawyers for Children, 33 WAKE FOREST L. REV. 651, 671-72 (1998) (advocating a public education and advocacy role for juvenile defenders); Elisabeth Semel, The Lone Star State Is Not Alone in Denying Due Process to Those Who Face Execution, CHAMPION, July 1999, at 28, 29 (identifying the need for community defender programs). For further discussion of defenders' efforts to incorporate a community orientation into their work, see infra notes 85-89 and accompanying text.
7. See, e.g., Kim Taylor-Thompson, Effective Assistance: Reconceiving the Role of the Chief Public Defender, 2 J. INST. FOR STUDY LEGAL ETHICS 199, 210-13 (1999); see also, e.g., Anthony V. Alfieri, (Er)Race-ing An Ethic of Justice, 51 STAN. L. REV. 935, 950 (1999) (advocating that defenders pay close attention to the impact of their advocacy on communities); N. Lee Cooper et al., Fulfilling the Promise of In re Gault: Advancing the Role of Lawyers for Children, 33 WAKE FOREST L. REV. 651, 671-72 (1998) (advocating a public education and advocacy role for juvenile defenders); Elisabeth Semel, The Lone Star State Is Not Alone in Denying Due Process to Those Who Face Execution, CHAMPION, July 1999, at 28, 29 (identifying the need for community defender programs). For further discussion of defenders' efforts to incorporate a community orientation into their work, see infra notes 85-89 and accompanying text.
8. See, e.g., Kim Taylor-Thompson, Effective Assistance: Reconceiving the Role of the Chief Public Defender, 2 J. INST. FOR STUDY LEGAL ETHICS 199, 210-13 (1999); see also, e.g., Anthony V. Alfieri, (Er)Race-ing An Ethic of Justice, 51 STAN. L. REV. 935, 950 (1999) (advocating that defenders pay close attention to the impact of their advocacy on communities); N. Lee Cooper et al., Fulfilling the Promise of In re Gault: Advancing the Role of Lawyers for Children, 33 WAKE FOREST L. REV. 651, 671-72 (1998) (advocating a public education and advocacy role for juvenile defenders); Elisabeth Semel, The Lone Star State Is Not Alone in Denying Due Process to Those Who Face Execution, CHAMPION, July 1999, at 28, 29 (identifying the need for community defender programs). For further discussion of defenders' efforts to incorporate a community orientation into their work, see infra notes 85-89 and accompanying text.
9. See generally AM. PROSECUTORS RESEARCH INST., COMMUNITY PROSECUTION (Nat'l Cmty. Prosecution Conference Sept. 25-27, 2000) (on file with author). A webcast of certain portions of the conference can be accessed from the American Prosecutors Research Institute website, available at http://www.ndaa.org/apri/programs/community_pros/webcast.html (last visited Nov. 27, 2001). For description of specific community prosecution programs, see infra notes 90-99 and accompanying text.
10. See James D. Polley, IV, Community Prosecution Grants, PROSECUTOR, May/June 2000, at 16, 16.
11. Norma Mancini Stevens, Defining Community Prosecution, PROSECUTOR, Mar./ Apr. 1994, at 13, 14.
12. See Elkan Abramowitz & Peter Scher, The Hyde Amendment: Congress Creates a Toehold for Curbing Wrongful Prosecution, CHAMPION, Mar. 1998, at 22, 22 (arguing that the Hyde Amendment may go a long way toward providing judicial oversight of the Department of Justice's excesses). See generally EDWARD HUMES, MEAN JUSTICE (1999) (narrating the story of a person who was wrongly convicted of a crime).
13. See Elkan Abramowitz & Peter Scher, The Hyde Amendment: Congress Creates a Toehold for Curbing Wrongful Prosecution, CHAMPION, Mar. 1998, at 22, 22 (arguing that the Hyde Amendment may go a long way toward providing judicial oversight of the Department of Justice's excesses). See generally EDWARD HUMES, MEAN JUSTICE (1999) (narrating the story of a person who was wrongly convicted of a crime).
14. For the past two years I have been involved in a series of meetings at the Department of Justice Bureau of Justice Assistance (BJA) and with the American Prosecutors Research Institute (APRI), looking at community prosecution efforts throughout the country and charting possible future directions of community prosecution efforts. This work has included participation in the national training conducted by APRI and funded in part by the Department of Justice.
15. See Catherine M. Coles & George L. Kelling, Prevention Through Community Prosecution, PUB. INT., Summer 1999, at 69, 76-77. Significant numbers of state prosecutors are taking a direct interest in the safety and health of particular neighborhoods. See, e.g., Bill Miller, Prosecutors To Act as Community Advocates; U.S. Attorney Begins Experimental Program, WASH. POST, June 6, 1996, at J1; Sam Skolnik, Working the Streets, LEGAL TIMES, Nov. 27, 1995, at 6.
16. See Catherine M. Coles & George L. Kelling, Prevention Through Community Prosecution, PUB. INT., Summer 1999, at 69, 76-77. Significant numbers of state prosecutors are taking a direct interest in the safety and health of particular neighborhoods. See, e.g., Bill Miller, Prosecutors To Act as Community Advocates; U.S. Attorney Begins Experimental Program, WASH. POST, June 6, 1996, at J1; Sam Skolnik, Working the Streets, LEGAL TIMES, Nov. 27, 1995, at 6.
17. See Catherine M. Coles & George L. Kelling, Prevention Through Community Prosecution, PUB. INT., Summer 1999, at 69, 76-77. Significant numbers of state prosecutors are taking a direct interest in the safety and health of particular neighborhoods. See, e.g., Bill Miller, Prosecutors To Act as Community Advocates; U.S. Attorney Begins Experimental Program, WASH. POST, June 6, 1996, at J1; Sam Skolnik, Working the Streets, LEGAL TIMES, Nov. 27, 1995, at 6.
18. See infra Part H.B.2. (describing a wide range of programs, some of which are minimally effective at best).
19. See Sheldon Krantz & Michael Ross, A Decade of Litigating Dangerously: Time To Replace Rhetoric with Reason, CRIM. JUS., Fall 1994, at 36, 38. Perhaps born of T.V. and movie images of criminal defense lawyers as "gladiators," prosecutors and defense attorneys have taken a no-holds-barred approach to the practice of criminal law. New prosecutors and new defense attorneys are not educated to espouse principles of personal integrity, civility, or practicality; rather, the focus has been on trial skills - and winning at all costs.
20. See Elizabeth Glazer, Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime, 26 FORDHAM URB. L.J. 573, 576 (1999).
21. See JOHN J. DOUGLASS, ETHICAL ISSUES IN PROSECUTION 31 (1988) (quoting Stephen Trott, Address to J. Frank Coakly National Symposium on Crime (May 1987)).
22. See Stanley Z. Fisher, In Search of the Virtuous Prosecutor: A Conceptual Framework, 15 AM. J. CRIM. L. 197, 215-26 (1988) (arguing that we have failed to give prosecutors a coherent understanding of their quasi-judicial role); Kenneth Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. REV. 669, 671-72 (discussing different standards in the exercise of prosecutorial charging discretion); Fred C. Zacharias, Structuring the Ethics of Prosecutorial Practice: Can Prosecutors Do Justice?, 44 VAND. L. REV. 45, 49 (1991) (arguing that prosecutors should not prosecute unless they have a good faith belief that the defendant is guilty and that prosecutors must ensure that the basic elements of the adversary system exist at trial).
23. See Stanley Z. Fisher, In Search of the Virtuous Prosecutor: A Conceptual Framework, 15 AM. J. CRIM. L. 197, 215-26 (1988) (arguing that we have failed to give prosecutors a coherent understanding of their quasi-judicial role); Kenneth Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. REV. 669, 671-72 (discussing different standards in the exercise of prosecutorial charging discretion); Fred C. Zacharias, Structuring the Ethics of Prosecutorial Practice: Can Prosecutors Do Justice?, 44 VAND. L. REV. 45, 49 (1991) (arguing that prosecutors should not prosecute unless they have a good faith belief that the defendant is guilty and that prosecutors must ensure that the basic elements of the adversary system exist at trial).
24. See Stanley Z. Fisher, In Search of the Virtuous Prosecutor: A Conceptual Framework, 15 AM. J. CRIM. L. 197, 215-26 (1988) (arguing that we have failed to give prosecutors a coherent understanding of their quasi-judicial role); Kenneth Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. REV. 669, 671-72 (discussing different standards in the exercise of prosecutorial charging discretion); Fred C. Zacharias, Structuring the Ethics of Prosecutorial Practice: Can Prosecutors Do Justice?, 44 VAND. L. REV. 45, 49 (1991) (arguing that prosecutors should not prosecute unless they have a good faith belief that the defendant is guilty and that prosecutors must ensure that the basic elements of the adversary system exist at trial).
25. I wish to thank the State's Attorney of Montgomery County, Maryland, Douglas Gansler, for a number of conversations that helped to describe the tension between the traditional role and the community prosecution efforts.
26. Strickler v. Green, 527 U.S. 263, 281 (1999).
27. Id. (quoting Berger v. United States, 295 U.S. 78, 88 (1935)).
28. See MODEL RULES OF PROF'L CONDUCT R. 3.8 cmt. 1 (1999); MODEL CODE OF PROF'L RESPONSIBILITY DR 7-103 (1981); The Prosecution Function, in 1 STANDARDS FOR CRIMINAL JUSTICE, Standard 3-1.1 (A.B.A. 1992).
29. See MODEL RULES OF PROF'L CONDUCT R. 3.8 cmt. 1 (1999); MODEL CODE OF PROF'L RESPONSIBILITY DR 7-103 (1981); The Prosecution Function, in 1 STANDARDS FOR CRIMINAL JUSTICE, Standard 3-1.1 (A.B.A. 1992).
30. See MODEL RULES OF PROF'L CONDUCT R. 3.8 cmt. 1 (1999); MODEL CODE OF PROF'L RESPONSIBILITY DR 7-103 (1981); The Prosecution Function, in 1 STANDARDS FOR CRIMINAL JUSTICE, Standard 3-1.1 (A.B.A. 1992).
31. See Angela Jordan Davis, Prosecution and Race: The Power and the Privilege, 67 FORDHAM L. REV. 13, 51-52 (1999).
32. See William J. Stuntz, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, 107 YALE L.J. 1, 22 (1997) (noting that prosecutors' activities are governed by their budgets).
33. See id.
34. There may well be occasional abuses. An individual prosecutor may invoke "the people" precisely in hopes of misleading. With the aid of this rhetoric, she may seek to induce her audience to believe that the people she serves in fact support a policy or action about which they have no idea - indeed about which they have been kept ignorant, sometimes as a deliberate matter. But, in most cases one can assume that the prosecutor is legitimately invoking the name of "the people" to remind listeners that she has earned the political and legal discretion to make policies and choices in the name of the people.
35. See Carol J. DeFrances et al., Prosecutors in the State Courts, 1994, in BUREAU OF JUSTICE STATISTICS BULLETIN 1, 2 (1996) (some chief prosecutors are elected and others are appointed); Robert L. Misner, Recasting Prosecutorial Discretion, 86 J. CRIM. L. & CRIMINOLOGY 717, 730 n.78 (1996) (in all but four states, prosecutors are elected officials).
36. See Carol J. DeFrances et al., Prosecutors in the State Courts, 1994, in BUREAU OF JUSTICE STATISTICS BULLETIN 1, 2 (1996) (some chief prosecutors are elected and others are appointed); Robert L. Misner, Recasting Prosecutorial Discretion, 86 J. CRIM. L. & CRIMINOLOGY 717, 730 n.78 (1996) (in all but four states, prosecutors are elected officials).
37. Some have argued that the electoral process has forged a system of direct accountability to the people in an increasingly bureaucratic society. See, e.g., Abraham S. Goldstein, History of the Public Prosecutor, in 3 ENCYCLOPEDIA OF CRIME AND JUSTICE 1286, 1286 (Sanford H. Kadish ed., 1983) (suggesting that full-time elected prosecutors are more accountable).
38. See James Vorenberg, Decent Restraint of Prosecutorial Power, 94 HARV. L. REV. 1521, 1522 (1981); see also Angela Jordan Davis, The American Prosecutor: Independence, Power and the Threat of Tyranny, 86 IOWA L. REV. 383, 397 (2001).
39. See James Vorenberg, Decent Restraint of Prosecutorial Power, 94 HARV. L. REV. 1521, 1522 (1981); see also Angela Jordan Davis, The American Prosecutor: Independence, Power and the Threat of Tyranny, 86 IOWA L. REV. 383, 397 (2001).
40. See Davis, supra note 19, at 51-52.
41. See Davis, supra note 25, at 387.
42. STANDARDS FOR CRIMINAL JUSTICE PROSECUTION FUNCTION AND DEFENSE FUNCTION, Standard 3-1.3(f) (A.B.A. 1993).
43. See H. RICHARD UVILLER, VIRTUAL JUSTICE: THE FLAWED PROSECUTION OF CRIME IN AMERICA 163 (1996) (finding "the political factor in the calculation of discretion to be profoundly offensive, bordering o.n unethical").
44. See, e.g., Walker A. Matthews, Proposed Victim's Rights Amendment: Ethical Considerations for the Pradent Prosecutor, 11 GEO. J. LEGAL ETHICS 735, 748 (1998) (examining the ethical obligations that may be implicated by the recent expansion of victims' rights in the criminal justice process); Joan Meier, The "Right" to a Disinterested Prosecutor of Criminal Contempt: Unpacking Public and Private Interests, 70 WASH. U. L.Q. 85, 89-90 (1992).
45. See, e.g., Walker A. Matthews, Proposed Victim's Rights Amendment: Ethical Considerations for the Pradent Prosecutor, 11 GEO. J. LEGAL ETHICS 735, 748 (1998) (examining the ethical obligations that may be implicated by the recent expansion of victims' rights in the criminal justice process); Joan Meier, The "Right" to a Disinterested Prosecutor of Criminal Contempt: Unpacking Public and Private Interests, 70 WASH. U. L.Q. 85, 89-90 (1992).
46. See Daniel C. Richman, Old Chief v. United States: Stipulating Away Prosecutorial Accountability?, 83 VA. L. REV. 939, 958 (1997).
47. See William T. Pizzi, Understanding Prosecutorial Discretion in the United States: The Limits of Comparative Criminal Procedure as an Instrument of Reform, 54 OHIO ST. L.J. 1325, 1339 (1993) (suggesting the importance of some connection with the people as a measure of accountability).
48. Carrie Menkel-Meadow, Narrowing the Gap by Narrowing the Field: What's Missing from the MacCrate Report - Of Skills, Legal Science and Being a Human Being, 69 WASH. L. REV. 593, 594 (1994) (criticizing the MacCrate Report for being too heavily oriented towards litigation).
49. See DAVID NISSMAN & ED HAGEN, THE PROSECUTION FUNCTION 2 (1982); Davis, supra note 25, at 408-10 (expressing concern over extensive discretion afforded prosecutors through increasing numbers of laws and statutorily defined crimes); George T. Felkenes, The Prosecutor: A Look at Reality, 7 Sw. U. L. REV. 98, 99 (1975); Eric H. Holder, Jr., Community Prosecution, PROSECUTOR, May/June 2000, at 31, 31-32 (distinguishing community prosecution from the conventional vision); Vorenberg, supra note 25, at 1522; Zacharias, supra note 14, at 53.
50. See DAVID NISSMAN & ED HAGEN, THE PROSECUTION FUNCTION 2 (1982); Davis, supra note 25, at 408-10 (expressing concern over extensive discretion afforded prosecutors through increasing numbers of laws and statutorily defined crimes); George T. Felkenes, The Prosecutor: A Look at Reality, 7 Sw. U. L. REV. 98, 99 (1975); Eric H. Holder, Jr., Community Prosecution, PROSECUTOR, May/June 2000, at 31, 31-32 (distinguishing community prosecution from the conventional vision); Vorenberg, supra note 25, at 1522; Zacharias, supra note 14, at 53.
51. See DAVID NISSMAN & ED HAGEN, THE PROSECUTION FUNCTION 2 (1982); Davis, supra note 25, at 408-10 (expressing concern over extensive discretion afforded prosecutors through increasing numbers of laws and statutorily defined crimes); George T. Felkenes, The Prosecutor: A Look at Reality, 7 Sw. U. L. REV. 98, 99 (1975); Eric H. Holder, Jr., Community Prosecution, PROSECUTOR, May/June 2000, at 31, 31-32 (distinguishing community prosecution from the conventional vision); Vorenberg, supra note 25, at 1522; Zacharias, supra note 14, at 53.
52. See Kristan Trugman, Prosecutors Down Neighborhood Bully: Program Strives for Proactive Tactics, WASH. TIMES, Nov. 13, 1998, at C11 (quoting Washington D.C. Assistant United States Attorney Clifford Keenan, Chief of the Community Prosecution Section of the U.S. Attorney's Office). According to Keenan, [f]or too many years, [prosecutors] have taken it on [them]selves to be case processors. Community Prosecution is not a program or a project, it is a philosophy. It is looking at offenders and offenses and how each figures into what is going on in a community. We cannot still look at cases in a vacuum. Id.
53. See Kristan Trugman, Prosecutors Down Neighborhood Bully: Program Strives for Proactive Tactics, WASH. TIMES, Nov. 13, 1998, at C11 (quoting Washington D.C. Assistant United States Attorney Clifford Keenan, Chief of the Community Prosecution Section of the U.S. Attorney's Office). According to Keenan, [f]or too many years, [prosecutors] have taken it on [them]selves to be case processors. Community Prosecution is not a program or a project, it is a philosophy. It is looking at offenders and offenses and how each figures into what is going on in a community. We cannot still look at cases in a vacuum. Id.
54. See Newman Flanagan, Message from the Executive Director, PROSECUTOR, Jan./ Feb. 2000, at 6, 6 (providing commentary by the Director of National District Attorneys Association).
55. See Holder, supra note 34, at 32; see also Glazer, supra note 12, at 573-74.
56. See Stuntz, supra note 20, at 46.
57. See id.
58. John Marzulli & Barbara Ross, Murder Takes a Hit: Manhattan Slays on Pace To Hit Low Not Seen Since 1937, DAILY NEWS (N.Y.), July 14, 2000, at 17 (noting dropping homicide rates and District Attorney Robert Morgenthau's response, which included crediting prosecution efforts directed at gang activity, and dismissing the notion that a better economy played a role); see also Holder, supra note 34, at 31 ("[L]ocal prosecutors deserve much of the credit for bringing crime rates down to these historic lows. . . .").
59. See Glazer, supra note 12, at 573-74 (arguing that traditional "case-processing" prosecution is an ineffective method for reducing crime).
60. See id. at 574.
61. See Holder, supra note 34, at 32 (arguing that prosecutors cannot lower crime without understanding the community problems that give rise to crime); Glazer, supra note 12, at 596 (arguing that prosecutors must understand and address the social and economic factors that increase or decrease crime within a community).
62. See Melilli, supra note 14, at 696.
63. See Mae C. Quinn, Whose Team Am I on Anyway? Musings of a Public Defender About Drug Treatment Court Practice, 26 N.Y.U. REV. L. & Soc. CHANGE 37, 58 (2000). Quinn discusses frequent areas of collaboration in drug-treatment court practice: In the traditional adversarial setting there are many instances of collaboration between the prosecution and defense. For instance, prosecutors and defense attorneys may work together to convince a reluctant judge that a particular disposition for a case is appropriate, or to stipulate to certain evidence in the course of a hearing or trial. Id.
64. See Mae C. Quinn, Whose Team Am I on Anyway? Musings of a Public Defender About Drug Treatment Court Practice, 26 N.Y.U. REV. L. & Soc. CHANGE 37, 58 (2000). Quinn discusses frequent areas of collaboration in drug-treatment court practice: In the traditional adversarial setting there are many instances of collaboration between the prosecution and defense. For instance, prosecutors and defense attorneys may work together to convince a reluctant judge that a particular disposition for a case is appropriate, or to stipulate to certain evidence in the course of a hearing or trial. Id.
65. See Melilli, supra note 14, at 695.
66. See Holder, supra note 34, at 32 (noting the need to develop relationships with community members, law enforcement, and other public and private agencies).
67. See, e.g., AM. PROSECUTORS RESEARCH INST., BEYOND CONVICTIONS: PROSECUTORS AS COMMUNITY LEADERS IN THE WAR ON DRUGS 11 (1993) (explaining that the increase in drug cases has resulted in prosecutorial approaches aimed at increasing citizen involvement and responding to community needs). In a 1992 survey of 290 chief prosecutors across the country, 65% said that their offices met with community groups during the year and 54% reported that they talked with students at public schools. John M. Dawson et al., Prosecutors in State Courts, 1992, in BUREAU OF JUSTICE STATISTICAL BULLETIN 1, 7 (1993).
68. See, e.g., AM. PROSECUTORS RESEARCH INST., BEYOND CONVICTIONS: PROSECUTORS AS COMMUNITY LEADERS IN THE WAR ON DRUGS 11 (1993) (explaining that the increase in drug cases has resulted in prosecutorial approaches aimed at increasing citizen involvement and responding to community needs). In a 1992 survey of 290 chief prosecutors across the country, 65% said that their offices met with community groups during the year and 54% reported that they talked with students at public schools. John M. Dawson et al., Prosecutors in State Courts, 1992, in BUREAU OF JUSTICE STATISTICAL BULLETIN 1, 7 (1993).
69. Many traditional projects exist in which prosecutors collaborate with different organizations and individuals to fulfill their case-processing role. Denver District Attorney Bill Ritter shared this experience from his collaborative community prosecuting work: We owe a great deal to the victims and their advocates, who toiled mightily to educate us about the dynamics of domestic violence and who then assisted us in developing protocols to improve our response. A coalition . . . that has met since the early '80s - representing law enforcement, the courts, probation, treatment providers and victims - has played a significant role in developing the protocols and policies that have improved our response . . . . Law enforcement in Denver enjoys a good relationship with many of the agencies that care passionately about this issue. We constantly work with battered women shelters and with nonprofit victim advocacy groups to assist victims with safety plans that could save their lives. Bill Ritter, Curbing Domestic Violence, DENVER POST, Nov. 12, 2000, at Ml; see also Michael A. Fuoco, Prosecution and Prevention Cut Gang Crime Here, PITTSBURGH POSTGAZETTE, Oct. 3, 1997, at Al (reporting that then U.S. Attorney Frederick W. Thieman "began meeting with a wide spectrum of community institutions and groups and floated his plan to coordinate prevention programs," and participated in a retreat with the mayor, as well as representatives from schools, churches, unions, neighborhood groups, etc., to help get the community prosecution model up and running.); Al Kamen, Woman Gets Year in Jail as City Presses Anti-Prostitution Drive, WASH. POST, August 13, 1981, at B1 ("Under the new [anti-prostitution] campaign, prosecutors are working with community organizations . . . asking citizens to present their views at sentencing hearings in order to pressure judges to mete out harsher penalties."); Steve Rubenstein, Shampoo, Trim and Help Save a Life, S.F. CHRON., Oct. 2, 2001, at A18 (Helene Rene "was one of seven San Francisco hairdressers who took part in the Hairdresser Project, a half-day training program sponsored by the San Francisco district attorney's office" where "[a] doctor, a prosecutor and several counselors from battered women's shelters coached the beauticians on what to look for, how to talk to clients about it and how to persuade them to get help."). According to Khalid Raheem, president and CEO of the National Council for Urban Peace and Justice: The considerable decrease in gang-related violence and activities can be attributed to the intensive, hard work of community-based organizations working for violence prevention and intervention . . . . Now people are better informed and better organized and are finding ways to adequately respond to the issue. Id.
70. Many traditional projects exist in which prosecutors collaborate with different organizations and individuals to fulfill their case-processing role. Denver District Attorney Bill Ritter shared this experience from his collaborative community prosecuting work: We owe a great deal to the victims and their advocates, who toiled mightily to educate us about the dynamics of domestic violence and who then assisted us in developing protocols to improve our response. A coalition . . . that has met since the early '80s - representing law enforcement, the courts, probation, treatment providers and victims - has played a significant role in developing the protocols and policies that have improved our response . . . . Law enforcement in Denver enjoys a good relationship with many of the agencies that care passionately about this issue. We constantly work with battered women shelters and with nonprofit victim advocacy groups to assist victims with safety plans that could save their lives. Bill Ritter, Curbing Domestic Violence, DENVER POST, Nov. 12, 2000, at Ml; see also Michael A. Fuoco, Prosecution and Prevention Cut Gang Crime Here, PITTSBURGH POSTGAZETTE, Oct. 3, 1997, at Al (reporting that then U.S. Attorney Frederick W. Thieman "began meeting with a wide spectrum of community institutions and groups and floated his plan to coordinate prevention programs," and participated in a retreat with the mayor, as well as representatives from schools, churches, unions, neighborhood groups, etc., to help get the community prosecution model up and running.); Al Kamen, Woman Gets Year in Jail as City Presses Anti-Prostitution Drive, WASH. POST, August 13, 1981, at B1 ("Under the new [anti-prostitution] campaign, prosecutors are working with community organizations . . . asking citizens to present their views at sentencing hearings in order to pressure judges to mete out harsher penalties."); Steve Rubenstein, Shampoo, Trim and Help Save a Life, S.F. CHRON., Oct. 2, 2001, at A18 (Helene Rene "was one of seven San Francisco hairdressers who took part in the Hairdresser Project, a half-day training program sponsored by the San Francisco district attorney's office" where "[a] doctor, a prosecutor and several counselors from battered women's shelters coached the beauticians on what to look for, how to talk to clients about it and how to persuade them to get help."). According to Khalid Raheem, president and CEO of the National Council for Urban Peace and Justice: The considerable decrease in gang-related violence and activities can be attributed to the intensive, hard work of community-based organizations working for violence prevention and intervention . . . . Now people are better informed and better organized and are finding ways to adequately respond to the issue. Id.
71. Many traditional projects exist in which prosecutors collaborate with different organizations and individuals to fulfill their case-processing role. Denver District Attorney Bill Ritter shared this experience from his collaborative community prosecuting work: We owe a great deal to the victims and their advocates, who toiled mightily to educate us about the dynamics of domestic violence and who then assisted us in developing protocols to improve our response. A coalition . . . that has met since the early '80s - representing law enforcement, the courts, probation, treatment providers and victims - has played a significant role in developing the protocols and policies that have improved our response . . . . Law enforcement in Denver enjoys a good relationship with many of the agencies that care passionately about this issue. We constantly work with battered women shelters and with nonprofit victim advocacy groups to assist victims with safety plans that could save their lives. Bill Ritter, Curbing Domestic Violence, DENVER POST, Nov. 12, 2000, at Ml; see also Michael A. Fuoco, Prosecution and Prevention Cut Gang Crime Here, PITTSBURGH POSTGAZETTE, Oct. 3, 1997, at Al (reporting that then U.S. Attorney Frederick W. Thieman "began meeting with a wide spectrum of community institutions and groups and floated his plan to coordinate prevention programs," and participated in a retreat with the mayor, as well as representatives from schools, churches, unions, neighborhood groups, etc., to help get the community prosecution model up and running.); Al Kamen, Woman Gets Year in Jail as City Presses Anti-Prostitution Drive, WASH. POST, August 13, 1981, at B1 ("Under the new [anti-prostitution] campaign, prosecutors are working with community organizations . . . asking citizens to present their views at sentencing hearings in order to pressure judges to mete out harsher penalties."); Steve Rubenstein, Shampoo, Trim and Help Save a Life, S.F. CHRON., Oct. 2, 2001, at A18 (Helene Rene "was one of seven San Francisco hairdressers who took part in the Hairdresser Project, a half-day training program sponsored by the San Francisco district attorney's office" where "[a] doctor, a prosecutor and several counselors from battered women's shelters coached the beauticians on what to look for, how to talk to clients about it and how to persuade them to get help."). According to Khalid Raheem, president and CEO of the National Council for Urban Peace and Justice: The considerable decrease in gang-related violence and activities can be attributed to the intensive, hard work of community-based organizations working for violence prevention and intervention . . . . Now people are better informed and better organized and are finding ways to adequately respond to the issue. Id.
72. Many traditional projects exist in which prosecutors collaborate with different organizations and individuals to fulfill their case-processing role. Denver District Attorney Bill Ritter shared this experience from his collaborative community prosecuting work: We owe a great deal to the victims and their advocates, who toiled mightily to educate us about the dynamics of domestic violence and who then assisted us in developing protocols to improve our response. A coalition . . . that has met since the early '80s - representing law enforcement, the courts, probation, treatment providers and victims - has played a significant role in developing the protocols and policies that have improved our response . . . . Law enforcement in Denver enjoys a good relationship with many of the agencies that care passionately about this issue. We constantly work with battered women shelters and with nonprofit victim advocacy groups to assist victims with safety plans that could save their lives. Bill Ritter, Curbing Domestic Violence, DENVER POST, Nov. 12, 2000, at Ml; see also Michael A. Fuoco, Prosecution and Prevention Cut Gang Crime Here, PITTSBURGH POSTGAZETTE, Oct. 3, 1997, at Al (reporting that then U.S. Attorney Frederick W. Thieman "began meeting with a wide spectrum of community institutions and groups and floated his plan to coordinate prevention programs," and participated in a retreat with the mayor, as well as representatives from schools, churches, unions, neighborhood groups, etc., to help get the community prosecution model up and running.); Al Kamen, Woman Gets Year in Jail as City Presses Anti-Prostitution Drive, WASH. POST, August 13, 1981, at B1 ("Under the new [anti-prostitution] campaign, prosecutors are working with community organizations . . . asking citizens to present their views at sentencing hearings in order to pressure judges to mete out harsher penalties."); Steve Rubenstein, Shampoo, Trim and Help Save a Life, S.F. CHRON., Oct. 2, 2001, at A18 (Helene Rene "was one of seven San Francisco hairdressers who took part in the Hairdresser Project, a half-day training program sponsored by the San Francisco district attorney's office" where "[a] doctor, a prosecutor and several counselors from battered women's shelters coached the beauticians on what to look for, how to talk to clients about it and how to persuade them to get help."). According to Khalid Raheem, president and CEO of the National Council for Urban Peace and Justice: The considerable decrease in gang-related violence and activities can be attributed to the intensive, hard work of community-based organizations working for violence prevention and intervention . . . . Now people are better informed and better organized and are finding ways to adequately respond to the issue. Id.
73. Many traditional projects exist in which prosecutors collaborate with different organizations and individuals to fulfill their case-processing role. Denver District Attorney Bill Ritter shared this experience from his collaborative community prosecuting work: We owe a great deal to the victims and their advocates, who toiled mightily to educate us about the dynamics of domestic violence and who then assisted us in developing protocols to improve our response. A coalition . . . that has met since the early '80s - representing law enforcement, the courts, probation, treatment providers and victims - has played a significant role in developing the protocols and policies that have improved our response . . . . Law enforcement in Denver enjoys a good relationship with many of the agencies that care passionately about this issue. We constantly work with battered women shelters and with nonprofit victim advocacy groups to assist victims with safety plans that could save their lives. Bill Ritter, Curbing Domestic Violence, DENVER POST, Nov. 12, 2000, at Ml; see also Michael A. Fuoco, Prosecution and Prevention Cut Gang Crime Here, PITTSBURGH POSTGAZETTE, Oct. 3, 1997, at Al (reporting that then U.S. Attorney Frederick W. Thieman "began meeting with a wide spectrum of community institutions and groups and floated his plan to coordinate prevention programs," and participated in a retreat with the mayor, as well as representatives from schools, churches, unions, neighborhood groups, etc., to help get the community prosecution model up and running.); Al Kamen, Woman Gets Year in Jail as City Presses Anti-Prostitution Drive, WASH. POST, August 13, 1981, at B1 ("Under the new [anti-prostitution] campaign, prosecutors are working with community organizations . . . asking citizens to present their views at sentencing hearings in order to pressure judges to mete out harsher penalties."); Steve Rubenstein, Shampoo, Trim and Help Save a Life, S.F. CHRON., Oct. 2, 2001, at A18 (Helene Rene "was one of seven San Francisco hairdressers who took part in the Hairdresser Project, a half-day training program sponsored by the San Francisco district attorney's office" where "[a] doctor, a prosecutor and several counselors from battered women's shelters coached the beauticians on what to look for, how to talk to clients about it and how to persuade them to get help."). According to Khalid Raheem, president and CEO of the National Council for Urban Peace and Justice: The considerable decrease in gang-related violence and activities can be attributed to the intensive, hard work of community-based organizations working for violence prevention and intervention . . . . Now people are better informed and better organized and are finding ways to adequately respond to the issue. Id.
74. See sources cited supra note 49.
75. See Holder, supra note 34, at 32.
76. See, e.g., Bill Varian, Opponent Attacks; Attorney Defends, ST. PETERSBURG TIMES, Aug. 26, 2001, at 1 (Hernando Times) (Henry Ferro, a candidate for state attorney, "proposes creating a division that would focus on crimes against the elderly," adding specialty programs that would target drunk drivers and domestic abusers, and reorganizing the office to allow prosecutors to specialize in particular types of crime, while the incumbent, Brad King, "says his office is already doing much of that with a special unit tackling white-collar crimes and focusing on abuse of the elderly."); Community Prosecution; Montgomery Relocates Law Enforcement to the Neighborhoods, WASH. POST, July 11, 1999, at B8 ("Traditionally, local prosecutors' offices have been organized according to type of crime - i.e., homicide, sex offenses, narcotics, felonies and misdemeanors.").
77. See, e.g., Bill Varian, Opponent Attacks; Attorney Defends, ST. PETERSBURG TIMES, Aug. 26, 2001, at 1 (Hernando Times) (Henry Ferro, a candidate for state attorney, "proposes creating a division that would focus on crimes against the elderly," adding specialty programs that would target drunk drivers and domestic abusers, and reorganizing the office to allow prosecutors to specialize in particular types of crime, while the incumbent, Brad King, "says his office is already doing much of that with a special unit tackling white-collar crimes and focusing on abuse of the elderly."); Community Prosecution; Montgomery Relocates Law Enforcement to the Neighborhoods, WASH. POST, July 11, 1999, at B8 ("Traditionally, local prosecutors' offices have been organized according to type of crime - i.e., homicide, sex offenses, narcotics, felonies and misdemeanors.").
78. See Robert S. Fertitta, Notes from the National College, PROSECUTOR, May/June 1999, at 8, 8.
79. See, e.g., Leandra Johnson, The Attorney's Perspective, 74 FLA. B.J. 55, 56 (2000). As a former division chief in the Third Judicial Circuit State Attorney's Office, one of my duties was to train new prosecutors. I found through the years that without confidence, control, and courage, no one can become a successful trial lawyer. . . I taught new lawyers, and now teach mock trial students, that any good case stems not only from having concise facts and well-argued points, but also from conveying the facts and arguments with articulation and poise. Id.
80. See, e.g., Leandra Johnson, The Attorney's Perspective, 74 FLA. B.J. 55, 56 (2000). As a former division chief in the Third Judicial Circuit State Attorney's Office, one of my duties was to train new prosecutors. I found through the years that without confidence, control, and courage, no one can become a successful trial lawyer. . . I taught new lawyers, and now teach mock trial students, that any good case stems not only from having concise facts and well-argued points, but also from conveying the facts and arguments with articulation and poise. Id.
81. See Fertitta, supra note 53, at 8 (describing a similar training program offered by the National College of District Attorneys).
82. For examples of prosecutor's offices listing their "firm resumes" see http:// www.middlebury.net/acsa/index.html (last visited Nov. 20, 2001) (providing profile of Addison County State's Attorney which notes that "office was recently rated #1 in Vermont with the highest conviction percentage in domestic violence cases"); http:// www.ago.state.al.us/blank.cfm?Include=bio (last visited Nov. 20, 2001) (providing profile of Alabama Attorney General and noting increased prosecution efforts, including five hundred percent increase in prosecution of welfare fraud during his tenure). For links to websites for prosecutors' offices nationwide, see http://www.co. eaton.mi.us/ecpa/proslist.htm (last visited Nov. 20, 2001).
83. See James M. Dedman, Notes from the National College, PROSECUTOR, Mar./Apr. 1998, at 6, 6; see also Janet Weinstein, And Never the Twain Shall Meet: The Best Interests of Children and the Adversary System, 52 U. Miami L. Rev. 79, 144 n.218 (1997).
84. See James M. Dedman, Notes from the National College, PROSECUTOR, Mar./Apr. 1998, at 6, 6; see also Janet Weinstein, And Never the Twain Shall Meet: The Best Interests of Children and the Adversary System, 52 U. Miami L. Rev. 79, 144 n.218 (1997).
85. See SKOLNICK, supra note 1, at 296; see also Bratton, supra note 1, at 464.
86. See SKOLNICK, supra note 1, at 298; see also Moore, supra note 1, at 103.
87. See Moore, supra note 1, at 112-13.
88. George L. Kelling & James Q. Wilson, Fixing Broken Windows, ATLANTIC MONTHLY, Mar. 1982, at 29, 31-33.
89. Id. at 30-31.
90. See id. For an overview of the success of these programs, see Moore, supra note 1, at 137; see also WESLEY SKOGAN & MICHAEL G. MAXFIELD, COPING WITH CRIME - INDIVIDUAL AND NEIGHBORHOOD REACTIONS 233-35 (1981).
91. See id. For an overview of the success of these programs, see Moore, supra note 1, at 137; see also WESLEY SKOGAN & MICHAEL G. MAXFIELD, COPING WITH CRIME - INDIVIDUAL AND NEIGHBORHOOD REACTIONS 233-35 (1981).
92. Kelling & Wilson, supra note 61, at 29.
93. PAUL CHEVIGNY, EDGE OF THE KNIFE: POLICE VIOLENCE IN THE AMERICAS 116 (1995). Professor Chevigny suggests that one of the dangers of community policing is that it may encourage local police to "slight the rights of some in favor of others who call themselves the relevant community and could lead to increased discrimination in enforcement." Id. at 116 & n.135 (citing CRAG UCHIDA & DAVID WEISBURD, POLICE INNOVATION AND CONTROL OF THE POLICE (1993)).
94. PAUL CHEVIGNY, EDGE OF THE KNIFE: POLICE VIOLENCE IN THE AMERICAS 116 (1995). Professor Chevigny suggests that one of the dangers of community policing is that it may encourage local police to "slight the rights of some in favor of others who call themselves the relevant community and could lead to increased discrimination in enforcement." Id. at 116 & n.135 (citing CRAG UCHIDA & DAVID WEISBURD, POLICE INNOVATION AND CONTROL OF THE POLICE (1993)).
95. PAUL CHEVIGNY, EDGE OF THE KNIFE: POLICE VIOLENCE IN THE AMERICAS 116 (1995). Professor Chevigny suggests that one of the dangers of community policing is that it may encourage local police to "slight the rights of some in favor of others who call themselves the relevant community and could lead to increased discrimination in enforcement." Id. at 116 & n.135 (citing CRAG UCHIDA & DAVID WEISBURD, POLICE INNOVATION AND CONTROL OF THE POLICE (1993)).
96. See MARC MAUER, RACE TO INCARCERATE 132-33 (1999).
97. See Lynne M. Brennan, Comment, Drug Courts: A New Beginning for Non-Violent Drug Addicted Offenders - An End to Cruel and Unusual Punishment, 22 HAMLINE L. REV. 355, 377-78 (1998).
98. Id. at 377 n.225 ("The driving force behind the concept of drug courts was the frustration felt by law enforcement and the courts from the failure of efforts made in the 1980s to combat the drug problem throughout the country.").
99. The inaugural drug court began in Dade County, Florida, under the direction of then State's Attorney Janet Reno. See id. at 357.
100. Id.
101. See John S. Goldkamp, The Drug Court Response: Issues and Implications for Justice Change, 63 ALB. L. REV. 923, 955 n.170 (2000) ("[A]s of June 1, 1998, 264 courts were operating and 151 were in the planning stages."); Telephone Interview with Caroline Cooper, Office of Justice Programs Drug Court Clearinghouse and Technical Assistance Project at American University (Feb. 2, 2000). For a general description of drug courts, see OFFICE OF JUSTICE PROGRAMS DRUG COURT CLEARINGHOUSE AND TECHNICAL ASSISTANCE PROJECT AT AMERICAN UNIVERSITY, LOOKING AT A DECADE OF DRUG COURTS 3 (1999). The Department of Justice has funded many of these drug court programs.
102. See John S. Goldkamp, The Drug Court Response: Issues and Implications for Justice Change, 63 ALB. L. REV. 923, 955 n.170 (2000) ("[A]s of June 1, 1998, 264 courts were operating and 151 were in the planning stages."); Telephone Interview with Caroline Cooper, Office of Justice Programs Drug Court Clearinghouse and Technical Assistance Project at American University (Feb. 2, 2000). For a general description of drug courts, see OFFICE OF JUSTICE PROGRAMS DRUG COURT CLEARINGHOUSE AND TECHNICAL ASSISTANCE PROJECT AT AMERICAN UNIVERSITY, LOOKING AT A DECADE OF DRUG COURTS 3 (1999). The Department of Justice has funded many of these drug court programs.
103. A SUMMARY ASSESSMENT OF THE DRUG COURT EXPERIENCE prepared for the U.S. Department of Justice in 1997 concluded that recidivism among all drug court participants has ranged between 5% and 28%, and less than 4% for those who successfully completed the program. ROBERT B. AUKERMAN & PEGGY MCGARRY, COMBINING SUBSTANCE ABUSE TREATMENT WITH INTERMEDIATE SANCTIONS FOR ADULTS IN THE CRIMINAL JUSTICE SYSTEM 1 (1994). Ancillary benefits included increased levels of employment, prevention of possible drug-addicted newborns, and reduced costs of incarceration and case processing prior to the original sanctioning. See id. at 1-2. Drug courts of various types (achieving varying degrees of success) have been established in many states. See Susan Gochros, Hawaii Drug Court: Ho'oln Hou (Renewed Life), HAW. B.J., Mar. 1998, at 32, 33. The concept of drug courts is certainly a success from a costbenefit viewpoint: Treatment has proven much cheaper than incarceration. See Sheila M. Murphy, Drug Courts: An Effective, Efficient Weapon in the War on Drugs, ILL. B.J., Oct. 1997, at 474, 474.
104. A SUMMARY ASSESSMENT OF THE DRUG COURT EXPERIENCE prepared for the U.S. Department of Justice in 1997 concluded that recidivism among all drug court participants has ranged between 5% and 28%, and less than 4% for those who successfully completed the program. ROBERT B. AUKERMAN & PEGGY MCGARRY, COMBINING SUBSTANCE ABUSE TREATMENT WITH INTERMEDIATE SANCTIONS FOR ADULTS IN THE CRIMINAL JUSTICE SYSTEM 1 (1994). Ancillary benefits included increased levels of employment, prevention of possible drug-addicted newborns, and reduced costs of incarceration and case processing prior to the original sanctioning. See id. at 1-2. Drug courts of various types (achieving varying degrees of success) have been established in many states. See Susan Gochros, Hawaii Drug Court: Ho'oln Hou (Renewed Life), HAW. B.J., Mar. 1998, at 32, 33. The concept of drug courts is certainly a success from a costbenefit viewpoint: Treatment has proven much cheaper than incarceration. See Sheila M. Murphy, Drug Courts: An Effective, Efficient Weapon in the War on Drugs, ILL. B.J., Oct. 1997, at 474, 474.
105. A SUMMARY ASSESSMENT OF THE DRUG COURT EXPERIENCE prepared for the U.S. Department of Justice in 1997 concluded that recidivism among all drug court participants has ranged between 5% and 28%, and less than 4% for those who successfully completed the program. ROBERT B. AUKERMAN & PEGGY MCGARRY, COMBINING SUBSTANCE ABUSE TREATMENT WITH INTERMEDIATE SANCTIONS FOR ADULTS IN THE CRIMINAL JUSTICE SYSTEM 1 (1994). Ancillary benefits included increased levels of employment, prevention of possible drug-addicted newborns, and reduced costs of incarceration and case processing prior to the original sanctioning. See id. at 1-2. Drug courts of various types (achieving varying degrees of success) have been established in many states. See Susan Gochros, Hawaii Drug Court: Ho'oln Hou (Renewed Life), HAW. B.J., Mar. 1998, at 32, 33. The concept of drug courts is certainly a success from a costbenefit viewpoint: Treatment has proven much cheaper than incarceration. See Sheila M. Murphy, Drug Courts: An Effective, Efficient Weapon in the War on Drugs, ILL. B.J., Oct. 1997, at 474, 474.
106. See Betsy Tsai, The Trend Toward Specialized Domestic Violence Courts: Improvements on an Effective Innovation, 68 FORDHAM L. REV. 1285, 1286-87 (2000) (discussing several model domestic violence courts).
107. See Judith S. Kaye, Making the Case for Hands-on Courts, NEWSWEEK, Oct. 11, 1999, at 13, 13; see also Peggy Fulton Hora et al., Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System's Response to Drug Abuse and Crime in America, 74 NOTRE DAME L. REV. 439, 454-56 (1999).
108. See Judith S. Kaye, Making the Case for Hands-on Courts, NEWSWEEK, Oct. 11, 1999, at 13, 13; see also Peggy Fulton Hora et al., Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System's Response to Drug Abuse and Crime in America, 74 NOTRE DAME L. REV. 439, 454-56 (1999).
109. See Court-Community Collaboration, 80 JUDICATURE 213, 215 (1997) (transcript of panel discussion at an American Judicature Society meeting).
110. Id.; see also MICHELE SVIRIDOFF ET AL., DISPENSING JUSTICE LOCALLY: THE IMPLEMENTATION AND EFFECTS OF THE MIDTOWN COMMUNITY COURT 14 (1997).
111. Id.; see also MICHELE SVIRIDOFF ET AL., DISPENSING JUSTICE LOCALLY: THE IMPLEMENTATION AND EFFECTS OF THE MIDTOWN COMMUNITY COURT 14 (1997).
112. Court-Community Collaboration, supra note 75, at 215.
113. See Judith S. Kaye, Rethinking Traditional Approaches, 62 ALB. L. REV. 1491, 1492 (1999).
114. See Susan K. Knipps & Greg Berman, New York's Problem-Solving Courts Provide Meaningful Alternatives to Traditional Remedies, N.Y. ST. B.J., June 2000, at 8, 8-9.
115. See ROBIN CAMPBELL, THERE ARE No VICTIMLESS CRIMES: COMMUNITY IMPACT PANELS AT THE MIDTOWN COMMUNITY COURT 2 (Ctr. for Court Innovation 2000).
116. See Goldkamp, supra note 71, at 956.
117. Court-Community Collaboration, supra note 75, at 215.
118. See Richard C. Boldt, Rehabilitative Punishment and the Drug Treatment Court Movement, 76 WASH. U. L.Q. 1205, 1248 (1999) ("[E]ach of the defining features of the adversary system comes into conflict with rehabilitative penal practice.").
119. Drug courts, for example, require that judges, prosecutors, defense attorneys, and treatment coordinators commit themselves to a collaborative, rather than adversarial approach. See Horn, supra note 74, at 476 (explaining that "[t]he orientation, structure, and procedural portions of the DTC [Drug Treatment Court] cannot maximize the successful treatment of addicts without the essential element of collaboration among the court's primary players" and that "[d]rug courts transform the roles of both criminal justice practitioners and . . . [drug] treatment providers," indicating that "[t]he metamorphosis of these roles allows the goal of court to become primarily therapeutic while remaining a legal institution"); see also Gloria Danziger & Jeffrey A. Khun, Drug Treatment Courts: Evolution, Evaluation and Future, 3 J. HEALTH CARE L. & POL'Y 166, 168-69 (1999) ("[T]he concept of the drug court 'team' - judge, prosecutor, defense counsel, treatment provider and corrections personnel - is important" to meeting the goals of both the criminal justice system and those of treatment providers."); Development in Law: Alternatives to Incarceration, 111 HARV. L. REV. 1863, 1918 (1998) (describing the new role for these attorneys "[a]s part of the treatment 'team,' the defense attorney is supposed to act in accordance with his client's best interests, even when those interests involve sanctions" and "[t]his change in perspective subverts the traditional role of defense counsel as zealous advocates for their clients' legal rights, which requires counsel to argue in accordance with their clients' wishes, not necessarily their best interests") [hereinafter Alternatives to Incarcerations].
120. Drug courts, for example, require that judges, prosecutors, defense attorneys, and treatment coordinators commit themselves to a collaborative, rather than adversarial approach. See Horn, supra note 74, at 476 (explaining that "[t]he orientation, structure, and procedural portions of the DTC [Drug Treatment Court] cannot maximize the successful treatment of addicts without the essential element of collaboration among the court's primary players" and that "[d]rug courts transform the roles of both criminal justice practitioners and . . . [drug] treatment providers," indicating that "[t]he metamorphosis of these roles allows the goal of court to become primarily therapeutic while remaining a legal institution"); see also Gloria Danziger & Jeffrey A. Khun, Drug Treatment Courts: Evolution, Evaluation and Future, 3 J. HEALTH CARE L. & POL'Y 166, 168-69 (1999) ("[T]he concept of the drug court 'team' - judge, prosecutor, defense counsel, treatment provider and corrections personnel - is important" to meeting the goals of both the criminal justice system and those of treatment providers."); Development in Law: Alternatives to Incarceration, 111 HARV. L. REV. 1863, 1918 (1998) (describing the new role for these attorneys "[a]s part of the treatment 'team,' the defense attorney is supposed to act in accordance with his client's best interests, even when those interests involve sanctions" and "[t]his change in perspective subverts the traditional role of defense counsel as zealous advocates for their clients' legal rights, which requires counsel to argue in accordance with their clients' wishes, not necessarily their best interests") [hereinafter Alternatives to Incarcerations].
121. See Boldt, supra note 83, at 1216 (raising ethical concerns about the defense lawyer's role); Alternatives to Incarceration, supra note 84, at 1913-19.
122. See Taylor-Thompson, supra note 3, at 210-13.
123. See Gideon v. Wainwright, 372 U.S. 335, 343-45 (1963) (establishing a right to counsel for indigent defendants in felonies); In re Gault, 387 U.S. 1, 30-31 (1966) (establishing a right to counsel for children in delinquency proceedings); Argersinger v. Hamlin, 407 U.S. 25, 36-37 (1972) (extending adult criminal defendants' right to counsel to misdemeanors).
124. See LISA J. MCINTYRE, THE PUBLIC DEFENDER: THE PRACTICE OF LAW IN THE SHADOWS OF REPUTE 28-29 (1987); Charles J. Ogletree, Jr., Beyond Justifications: Seeking Motivations To Sustain Public Defenders, 106 HARV. L. REV. 1239, 1241 (1993) (discussing the "burnout" that many public defenders are suffering); Taylor-Thompson, supra note 3, at 202.
125. See LISA J. MCINTYRE, THE PUBLIC DEFENDER: THE PRACTICE OF LAW IN THE SHADOWS OF REPUTE 28-29 (1987); Charles J. Ogletree, Jr., Beyond Justifications: Seeking Motivations To Sustain Public Defenders, 106 HARV. L. REV. 1239, 1241 (1993) (discussing the "burnout" that many public defenders are suffering); Taylor-Thompson, supra note 3, at 202.
126. See Taylor-Thompson, supra note 3, at 213.
127. Robert V. Wolf, Building Partnerships: Community Prosecution in Indianapolis, Indiana, in CTR. FOR COURT INNOVATION & U.S. DEP'T OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE 1, 1 (2000).
128. See Richard Barajas & Scott Alexander Nelson, The Proposed Crime Victim's Federal Constitutional Amendment: Working Toward a Proper Balance, 49 BAYLOR L. REV. 1, 14-24 (1997) (discussing the proposed constitutional amendment for victim's rights); see also William W. Taylor, Victims' Rights and the Constitution: Proceed with Caution, 11 CRIM. JUST. 2, 2-4 (1997).
129. See Richard Barajas & Scott Alexander Nelson, The Proposed Crime Victim's Federal Constitutional Amendment: Working Toward a Proper Balance, 49 BAYLOR L. REV. 1, 14-24 (1997) (discussing the proposed constitutional amendment for victim's rights); see also William W. Taylor, Victims' Rights and the Constitution: Proceed with Caution, 11 CRIM. JUST. 2, 2-4 (1997).
130. See Robert L. Misner, Recasting Prosecutorial Discretion, 86 J. CRIM. L. & CRIMINOLOGY 717, 734 (1996).
131. See HELEN PREJEAN, DEAD MAN WALKING 240-41 (describing research on prosecutorial management of cases when victims are black; often families of black victims are provided with little information and viewed with suspicion).
132. Holder, supra note 34, at 31; see also Bill Miller, Prosecutors To Act as Community Advocates; U.S. Attorney Begins Experimental Program, WASH. POST, June 6, 1996, at J1; Sam Skolnick, Working the Streets, LEGAL TIMES, Nov. 27, 1995, at 6.
133. Holder, supra note 34, at 31; see also Bill Miller, Prosecutors To Act as Community Advocates; U.S. Attorney Begins Experimental Program, WASH. POST, June 6, 1996, at J1; Sam Skolnick, Working the Streets, LEGAL TIMES, Nov. 27, 1995, at 6.
134. See Sarah Glazer, Community Prosecution, CONG. Q. RESEARCHER, Dec. 15, 2000, at 1011, 1011.
135. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
136. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
137. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
138. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
139. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
140. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
141. Maura Dolan, A Liberal Lays Down the Law in S.F., L.A. TIMES, Apr. 5, 1997, at A1. In: San Francisco, District Attorney Terence Hallinan has championed community prosecution. He has ordered assistant district attorneys in his office to visit city neighborhoods wearing jackets emblazoned with the words "Community District Attorney." Id.; see also William Claiborne, San Francisco Prosecutor Tries 'Something Different:' Crusader Applies Liberal Traditions to New Duties, WASH. POST, Feb. 20, 1996, at A3. Hallinan has spurred efforts to involve gang members in community activities, has instructed assistant district attorneys to seek mentoring programs for drug offenders instead of jail sentences, and has refused to enforce California's stringent three-strikes-and-you're-out law against nonviolent repeat offenders. Id. He justifies community punishment for drug possession cases as a means of clearing court dockets and ensuring adequate attention to major drug traffickers and other serious offenders. See id. [L]et's get the other junk out of the courtroom, the simple possessions and the kid on the street selling a rock or two of crack cocaine. The courts are so cluttered with these cases that when you get real [sic] serious crimes, it's a year or more before you can bring them to trial. It's crazy. Id. Hallinan also opposes imprisoning large numbers of small-time drug dealers because of "the disparate impact it has on minority' communities." Id.
142. Douglas Gansler, Community Prosecution: Montgomery Relocates Law Enforcement to the Neighborhoods, WASH. POST, July 11, 1999, at B8 (describing the responsibilities of community prosecutors, which include attending community meetings and working with schools).
143. See, e.g., Jim Dyer, New Prosecutor Right at Home, ATLANTA J. & CONST., Sept. 28, 2000, at IJD ("From his centrally located office, [community prosecutor John DeFoor] can explain legal issues to residents, bring them in contact with helpful government agencies, and serve as a positive role model to youth."); Raoul V. Mowatt, Kane County Brings Prosecutor to People, CHI. TRIB., June 6, 2001, at 1 (Metro) (The state's attorney office opened new office in Aurora Township, making "Kane the latest county to adopt a community prosecution program" and providing for community prosecutors that "will listen to residents' concerns and bring together representatives of government agencies to find answers to persistent problems.").
144. See, e.g., Jim Dyer, New Prosecutor Right at Home, ATLANTA J. & CONST., Sept. 28, 2000, at IJD ("From his centrally located office, [community prosecutor John DeFoor] can explain legal issues to residents, bring them in contact with helpful government agencies, and serve as a positive role model to youth."); Raoul V. Mowatt, Kane County Brings Prosecutor to People, CHI. TRIB., June 6, 2001, at 1 (Metro) (The state's attorney office opened new office in Aurora Township, making "Kane the latest county to adopt a community prosecution program" and providing for community prosecutors that "will listen to residents' concerns and bring together representatives of government agencies to find answers to persistent problems.").
145. See James N. Johnson, The Influence of Politics upon the Office of the American Prosecutor, 2 AM. J. CRIM. L. 187, 190-91 (1973) (discussing public support for popular election of prosecutors). Prosecutors and attorney generals are characterized as "representatives" under the Voting Rights Act when they are subject to elections. See Chisom v. Roemer, 501 U.S. 380, 399-400 (1991). In this regard, the prosecutor's role as elected official is viewed as distinctly different from that of a judge in those jurisdictions in which judges are also elected officials. See Ruth Gavison, The Implications of Jurisprudential Theories for Judicial Election, Selection, and Accountability, 61 S. CAL. L. REV. 1617, 1643-50 (1988) (discussing theories of law in relation to judicial accountability); Louis Michael Seidman, Ambivalence and Accountability, 61 S. CAL. L. REV. 1571, 1572-87 (1988) (describing contradicting defenses of judicial independence); cf. Young v. United States ex rel. Vuitton et Fils S.A., 481 U.S. 787, 807 (1987) ("The requirement of a disinterested prosecutor is consistent with our recognition that prosecutors may not necessarily be held to as stringent a standard of disinterest as judges.").
146. See James N. Johnson, The Influence of Politics upon the Office of the American Prosecutor, 2 AM. J. CRIM. L. 187, 190-91 (1973) (discussing public support for popular election of prosecutors). Prosecutors and attorney generals are characterized as "representatives" under the Voting Rights Act when they are subject to elections. See Chisom v. Roemer, 501 U.S. 380, 399-400 (1991). In this regard, the prosecutor's role as elected official is viewed as distinctly different from that of a judge in those jurisdictions in which judges are also elected officials. See Ruth Gavison, The Implications of Jurisprudential Theories for Judicial Election, Selection, and Accountability, 61 S. CAL. L. REV. 1617, 1643-50 (1988) (discussing theories of law in relation to judicial accountability); Louis Michael Seidman, Ambivalence and Accountability, 61 S. CAL. L. REV. 1571, 1572-87 (1988) (describing contradicting defenses of judicial independence); cf. Young v. United States ex rel. Vuitton et Fils S.A., 481 U.S. 787, 807 (1987) ("The requirement of a disinterested prosecutor is consistent with our recognition that prosecutors may not necessarily be held to as stringent a standard of disinterest as judges.").
147. See James N. Johnson, The Influence of Politics upon the Office of the American Prosecutor, 2 AM. J. CRIM. L. 187, 190-91 (1973) (discussing public support for popular election of prosecutors). Prosecutors and attorney generals are characterized as "representatives" under the Voting Rights Act when they are subject to elections. See Chisom v. Roemer, 501 U.S. 380, 399-400 (1991). In this regard, the prosecutor's role as elected official is viewed as distinctly different from that of a judge in those jurisdictions in which judges are also elected officials. See Ruth Gavison, The Implications of Jurisprudential Theories for Judicial Election, Selection, and Accountability, 61 S. CAL. L. REV. 1617, 1643-50 (1988) (discussing theories of law in relation to judicial accountability); Louis Michael Seidman, Ambivalence and Accountability, 61 S. CAL. L. REV. 1571, 1572-87 (1988) (describing contradicting defenses of judicial independence); cf. Young v. United States ex rel. Vuitton et Fils S.A., 481 U.S. 787, 807 (1987) ("The requirement of a disinterested prosecutor is consistent with our recognition that prosecutors may not necessarily be held to as stringent a standard of disinterest as judges.").
148. Newspaper articles and editorials citing legislators' election platforms of being tough on crime may put pressure on prosecutors to maintain high conviction rates. See Dana Hedgepeth, State's Attorney Race in Dead Heat, BALT. SUN, Nov. 4, 1998, at 9D (Opponents in state's attorney race distinguish each other by criticizing "'lackluster prosecution' and 'an embarrassingly' low conviction rate in criminal trials."); Greg Hernandez, 2 Candidates Hoping To Increase the Ranks of Women on the Bench, L.A. TIMES, Oct. 9, 1996, at B4 (explaining that candidates for superior court judicial posts cite 100% conviction rates and being tough on crime as qualification); Abraham McLaughlin, Prosecutors'Power Now on the Defense, CHRISTIAN Sci. MONITOR, Mar. 25, 1999, at 1 ("Prosecutors - many of whom are elected - also face big pressure to have high conviction rates. If they don't, they can be portrayed as 'soft on crime' by political opponents."); Editorial, Keller Won't Run, LAS VEGAS REV. J., Oct. 23, 2001, at 6B (In 1994, Jerry Keller won his race for Clark County sheriff as a virtual unknown by "stressing a get-tough-on-crime approach that included advocating adult prosecution of kids who commit violent crimes.").
149. Newspaper articles and editorials citing legislators' election platforms of being tough on crime may put pressure on prosecutors to maintain high conviction rates. See Dana Hedgepeth, State's Attorney Race in Dead Heat, BALT. SUN, Nov. 4, 1998, at 9D (Opponents in state's attorney race distinguish each other by criticizing "'lackluster prosecution' and 'an embarrassingly' low conviction rate in criminal trials."); Greg Hernandez, 2 Candidates Hoping To Increase the Ranks of Women on the Bench, L.A. TIMES, Oct. 9, 1996, at B4 (explaining that candidates for superior court judicial posts cite 100% conviction rates and being tough on crime as qualification); Abraham McLaughlin, Prosecutors'Power Now on the Defense, CHRISTIAN Sci. MONITOR, Mar. 25, 1999, at 1 ("Prosecutors - many of whom are elected - also face big pressure to have high conviction rates. If they don't, they can be portrayed as 'soft on crime' by political opponents."); Editorial, Keller Won't Run, LAS VEGAS REV. J., Oct. 23, 2001, at 6B (In 1994, Jerry Keller won his race for Clark County sheriff as a virtual unknown by "stressing a get-tough-on-crime approach that included advocating adult prosecution of kids who commit violent crimes.").
150. Newspaper articles and editorials citing legislators' election platforms of being tough on crime may put pressure on prosecutors to maintain high conviction rates. See Dana Hedgepeth, State's Attorney Race in Dead Heat, BALT. SUN, Nov. 4, 1998, at 9D (Opponents in state's attorney race distinguish each other by criticizing "'lackluster prosecution' and 'an embarrassingly' low conviction rate in criminal trials."); Greg Hernandez, 2 Candidates Hoping To Increase the Ranks of Women on the Bench, L.A. TIMES, Oct. 9, 1996, at B4 (explaining that candidates for superior court judicial posts cite 100% conviction rates and being tough on crime as qualification); Abraham McLaughlin, Prosecutors'Power Now on the Defense, CHRISTIAN Sci. MONITOR, Mar. 25, 1999, at 1 ("Prosecutors - many of whom are elected - also face big pressure to have high conviction rates. If they don't, they can be portrayed as 'soft on crime' by political opponents."); Editorial, Keller Won't Run, LAS VEGAS REV. J., Oct. 23, 2001, at 6B (In 1994, Jerry Keller won his race for Clark County sheriff as a virtual unknown by "stressing a get-tough-on-crime approach that included advocating adult prosecution of kids who commit violent crimes.").
151. Newspaper articles and editorials citing legislators' election platforms of being tough on crime may put pressure on prosecutors to maintain high conviction rates. See Dana Hedgepeth, State's Attorney Race in Dead Heat, BALT. SUN, Nov. 4, 1998, at 9D (Opponents in state's attorney race distinguish each other by criticizing "'lackluster prosecution' and 'an embarrassingly' low conviction rate in criminal trials."); Greg Hernandez, 2 Candidates Hoping To Increase the Ranks of Women on the Bench, L.A. TIMES, Oct. 9, 1996, at B4 (explaining that candidates for superior court judicial posts cite 100% conviction rates and being tough on crime as qualification); Abraham McLaughlin, Prosecutors'Power Now on the Defense, CHRISTIAN Sci. MONITOR, Mar. 25, 1999, at 1 ("Prosecutors - many of whom are elected - also face big pressure to have high conviction rates. If they don't, they can be portrayed as 'soft on crime' by political opponents."); Editorial, Keller Won't Run, LAS VEGAS REV. J., Oct. 23, 2001, at 6B (In 1994, Jerry Keller won his race for Clark County sheriff as a virtual unknown by "stressing a get-tough-on-crime approach that included advocating adult prosecution of kids who commit violent crimes.").
152. See William H. Simon, The Dark Secret of Progressive Lawyering: A Comment of Poverty Law Scholarship in the Post Modern, Post-Reagan Era, 48 U. MIAMI L. REV. 1099, 1102-08 (1994).
153. See supra notes 30-31 and accompanying text. In its 1963 decision in Brady v. Maryland, the Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." 373 U.S. 83, 87 (1963). Citing an earlier case, the State also has an obligation not to allow "false evidence . . . to go uncorrected when it appears." Id. (quoting Napue v. Illinois, 360 U.S. 264, 269 (1959)). Such obligations are in keeping with the prosecutor's duty to treat the accused in a fair and just manner: A prosecutor that withholds evidence on demand of an accused which, if made available, would tend to exculpate him or reduce the penalty helps shape a trial that bears heavily on the defendant. That casts the prosecutor in the role of an architect of a proceeding that does not comport with standards of justice, even though, as in the present case, his action is not "the result of guile." Id. at 87-88. Following Brady, a new trial must be granted if it is found that a prosecutor failed to disclose evidence that is material either to guilt or to punishment. As explained "in United States v. Agurs, 427 U.S. 97, 104 (1976): 'A fair analysis of the holding in Brady indicates that implicit in the requirement of materiality is a concern that the suppressed evidence might have affected the outcome of the trial.'" United States v. Bagley, 473 U.S. 667, 674-75 (1985). The issue in United States v. Bagley was "whether a conviction should be reversed because the prosecutor failed to disclose requested evidence that could have been used to impeach Government witnesses." Id. at 669. In response, the Court reiterated its holding in Brady and stated that while "the prosecutor is not required to deliver his entire file to defense counsel," he must "disclose evidence favorable to the accused that, if suppressed, would deprive the defendant of a fair trial." Id. at 675. Because impeachable evidence, like exculpatory evidence, is favorable to the accused, and "may make the difference between conviction and acquittal," failure to disclose impeachable evidence that is material to the outcome of the trial is a violation of Brady v. Maryland. Id. at 676. Returning to the lofty principles of justice and fairness, the Court also emphasized that "the prosecutor's role transcends that of an adversary: he 'is the representative not of an ordinary party to a controversy, but of a sovereignty . . . whose interest. . . in a criminal prosecution is not that it shall win a case, but that justice shall be done.'" Id. at 675 n.6 (quoting Berger v. United States, 295 U.S. 78, 88 (1935)).
154. See Elliott Currie, Crime and Punishment in the United States: Myths, Realities, and Possibilities, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 381, 382 (David Kairys ed., 1998) (noting trends toward prison labor, three-strikes-and-you're-out, public shaming, and public perception of source of crime as "moral and cultural"). The implementation of federal and state sentencing guidelines, in particular, responded to both popular pressure for more aggressive enforcement of criminal sanctions and academic pressure to reduce the unjust disparity in sentencing policies.
155. For some rare examples, see Anthony V. Alfieri, Prosecuting Violence/Reconstructing Community, 52 STAN. L. REV. 809, 835-36 (2000) (focusing mainly on ABA ethical standards, as opposed to the historical function of the prosecution function); David D. Friedman, Making Sense of English Law Enforcement in the Eighteenth Century, 2 U. CHI. L. SCH. ROUNDTABLE 475, 475-83 (1995).
156. For some rare examples, see Anthony V. Alfieri, Prosecuting Violence/Reconstructing Community, 52 STAN. L. REV. 809, 835-36 (2000) (focusing mainly on ABA ethical standards, as opposed to the historical function of the prosecution function); David D. Friedman, Making Sense of English Law Enforcement in the Eighteenth Century, 2 U. CHI. L. SCH. ROUNDTABLE 475, 475-83 (1995).
157. See Jose Cardenas, The Crime Victim in the Prosecutorial Process, 9 HARV. J.L. & Pun. POL'Y 357, 359 (1986) (citing 2 F. POLLOCK & F. MAITLAND, THE HISTORY OF ENGLISH LAW 449 (2d ed. 1898)).
158. See Jose Cardenas, The Crime Victim in the Prosecutorial Process, 9 HARV. J.L. & Pun. POL'Y 357, 359 (1986) (citing 2 F. POLLOCK & F. MAITLAND, THE HISTORY OF ENGLISH LAW 449 (2d ed. 1898)).
159. Id.
160. Id.
161. See JOAN JACOBY, THE AMERICAN PROSECUTOR: A SEARCH FOR IDENTITY 4, 20 (1980).
162. Id. at 8.
163. Id.
164. Id. at 11.
165. Id. at 13.
166. See Goldstein, supra note 24, at 1287.
167. See JACOBY, supra note 108, at 12.
168. Id. at 13-14.
169. Id. at 12.
170. Id.
171. See Cardenas, supra note 105, at 366.
172. SeeJACOBY, supra note 108, at 16; see also Cardenas, supra note 105, at 368-70.
173. See JACOBY, supra note 108, at 18.
174. See id.; see also George Fisher, Making Sense of English Law Enforcement in the Eighteenth Century: A Response, 2 U. CHI. L. SCH. ROUNDTABLE 507, 508-14 (1995) (critiquing the system of private prosecution). There is a great deal of debate about whether these payments actually occurred, as well as their impact on the criminal justice system.
175. See OLIVER P. CHITWOOD, JUSTICE IN COLONIAL VIRGINIA 120-21 (1971).
176. See JACOBY, supra note 108, at 16.
177. Id.
178. See Goldstein, supra note 24, at 1287.
179. Id.
180. See generally John D. Bessler, The Public Interest and the Unconstitutionality of Private Prosecutors, 47 ARK. L. REV. 511, 545 (1994) (discussing how the role of a public prosecutor differs from that of other advocates).
181. See Goldstein, supra note 24, at 1289.
182. See, e.g., id. at 1287-88 (observing that full-time elected prosecutors are more accountable).
183. See, e.g., Meier, supra note 30, at 100-19. See generally Matthews, supra note 30 (discussing the ethical obligation implicated by expansion of victims' rights in criminal judicial process).
184. See, e.g., NAACP's Goal Is Educating Minorities To Cast Ballots, THE TENNESSEAN, Sept. 29, 2000, at 7B (describing efforts by NAACP to increase voter registration and turnout among communities of color); Alex Rodriguez, Latinos Lack Political Clout; Low Turnout Keeps Power Out of Reach, CHI. SUN-TIMES, Jan. 18, 1999, at 10 (describing low Latino voter turnout as a function of multitude of barriers, including language difficulties, lower education and income levels, and cynicism for democracy). Perhaps less well known are efforts in this century to erect institutional barriers to prevent the poor from voting. For a detailed examination of this phenomenon, see generally FRANCES F. PIVEN & RICHARD A. CLOWARD, WHY AMERICANS DON'T VOTE (1988).
185. See, e.g., NAACP's Goal Is Educating Minorities To Cast Ballots, THE TENNESSEAN, Sept. 29, 2000, at 7B (describing efforts by NAACP to increase voter registration and turnout among communities of color); Alex Rodriguez, Latinos Lack Political Clout; Low Turnout Keeps Power Out of Reach, CHI. SUN-TIMES, Jan. 18, 1999, at 10 (describing low Latino voter turnout as a function of multitude of barriers, including language difficulties, lower education and income levels, and cynicism for democracy). Perhaps less well known are efforts in this century to erect institutional barriers to prevent the poor from voting. For a detailed examination of this phenomenon, see generally FRANCES F. PIVEN & RICHARD A. CLOWARD, WHY AMERICANS DON'T VOTE (1988).
186. See, e.g., NAACP's Goal Is Educating Minorities To Cast Ballots, THE TENNESSEAN, Sept. 29, 2000, at 7B (describing efforts by NAACP to increase voter registration and turnout among communities of color); Alex Rodriguez, Latinos Lack Political Clout; Low Turnout Keeps Power Out of Reach, CHI. SUN-TIMES, Jan. 18, 1999, at 10 (describing low Latino voter turnout as a function of multitude of barriers, including language difficulties, lower education and income levels, and cynicism for democracy). Perhaps less well known are efforts in this century to erect institutional barriers to prevent the poor from voting. For a detailed examination of this phenomenon, see generally FRANCES F. PIVEN & RICHARD A. CLOWARD, WHY AMERICANS DON'T VOTE (1988).
187. The problem of limiting voter power is acutely felt in the black community, in part because fourteen percent of a total voting age population of 10.4 million black men nationwide are currently or permanently barred from voting, either because they are in prison or have been convicted of a felony. See Fox Butterfield, Many Black Men Barred from Voting, N.Y. TIMES, Jan. 30, 1997, at A12.
188. See Sacha Pfeiffer, Mutual Aid Police and Prosecutors Say Putting Assistant DAs in the Precincts Is Making Both Their Jobs Easier, BOSTON GLOBE, July 2, 2000, at B1.
189. See Wolf, supra note 90, at 2.
190. Id.
191. See Holder, supra note 34, at 32.
192. See Multnomah County District Attorneys, available at http://www.co.multnomah.or.us/da/mindex.html (last visited Oct. 14, 2001).
193. Coles & Kelling, supra note 9, at 79.
194. Id.
195. Id. at 80.
196. Id.
197. Two individuals who deserve great credit for injecting this insight into national planning discussions are Marna McClendon, the State's Attorney of Howard County, Maryland, and Henry Valdez, the District Attorney in the First Judicial District of New Mexico.
198. Douglas F. Gansler, Impleinenting Community Prosecution in Montgomery County, Maryland, PROSECUTOR, July/Aug. 2000, at 30, 30.
199. Id. at 31.
200. Id. at 34.
201. Id. at 32.
202. Id.
203. Id.
204. See supra note 137 and accompanying text.
205. Conversation with Mike Schrunk at American Prosecutors Research Institute, Alexandria, Va. (July 11, 2000).
206. See Multnomah County District Attorneys, supra note 137.
207. See id.
208. This structure is the one utilized by Scott Newman in the Indianapolis, Indiana, District Attorney's office, as well as a number of other mid-sized prosecutors' offices.
209. See Wolf, supra note 90, at 2-3.
210. See Carrie Johnson, Wholesale Shake-up at Prosecutor's Shop, LEGAL TIMES, Nov. 2, 1998, at 1 (describing promotions given to community prosecutors by U.S. Attorney Wilma Lews, which "likely are an indication of Lewis' esteem for the Community Prosecution Section").
211. See Wolf, supra note 90, at 4.
212. See supra notes 96-99 and accompanying text.
213. See Charles J. Hynes, The Urban Criminal Justice System Can Be Fair, 20 FORDHAM URB. L.J. 419, 427 (1993).
214. See Mary I. Coombs, The Constricted Meaning of "Community" in Community Policing, 72 ST. JOHN'S L. REV. 1367, 1373 (1998).
215. For a discussion of similar concerns in the community-policing context, see Debra Livingston, Police Discretion and the Quality of Life in Public Places: Courts, Communities and the New Policing, 97 COLUM. L. REV. 551, 589 (1997).
216. Even victims' rights groups are not monolithic. For example, see David Hartman, 7-Year-Old's Murderer Executed, THE DAILY OKLAHOMAN, Jan. 17, 2001, at 1-A (describing roles taken by murder victims' grandmothers, with one advocating for the death penalty and the other active in the death penalty abolition movement); Yonat Shimron, Lobbyist Brings Hope to Death Row, NEWS & OBSERVER (Raleigh, N.C.), Jan. 21, 2001, at B1 (profiling Stephen Dear, the executive director of People of Faith Against the Death Penalty, who is responsible for organizing the faith community's opposition to the death penalty in North Carolina and works alongside other grass-roots groups across the state to raise public awareness); Jo Ann Zuniga, The Wrong Man?; Groups Turn International Attention to Death Row Inmate, HOUSTON CHRON., Jan. 10, 1993, at A1 (describing local Hispanic community members rallied in support of Ricardo Aldape Guerra, on death row for a crime many believe that he did not commit and activists such as Liz Murillo, co-director of Comite Nacional de la Raza, who believe that theirs is "also a protest of the justice system that is discriminatorily used against people of color").
217. Even victims' rights groups are not monolithic. For example, see David Hartman, 7-Year-Old's Murderer Executed, THE DAILY OKLAHOMAN, Jan. 17, 2001, at 1-A (describing roles taken by murder victims' grandmothers, with one advocating for the death penalty and the other active in the death penalty abolition movement); Yonat Shimron, Lobbyist Brings Hope to Death Row, NEWS & OBSERVER (Raleigh, N.C.), Jan. 21, 2001, at B1 (profiling Stephen Dear, the executive director of People of Faith Against the Death Penalty, who is responsible for organizing the faith community's opposition to the death penalty in North Carolina and works alongside other grass-roots groups across the state to raise public awareness); Jo Ann Zuniga, The Wrong Man?; Groups Turn International Attention to Death Row Inmate, HOUSTON CHRON., Jan. 10, 1993, at A1 (describing local Hispanic community members rallied in support of Ricardo Aldape Guerra, on death row for a crime many believe that he did not commit and activists such as Liz Murillo, co-director of Comite Nacional de la Raza, who believe that theirs is "also a protest of the justice system that is discriminatorily used against people of color").
218. Even victims' rights groups are not monolithic. For example, see David Hartman, 7-Year-Old's Murderer Executed, THE DAILY OKLAHOMAN, Jan. 17, 2001, at 1-A (describing roles taken by murder victims' grandmothers, with one advocating for the death penalty and the other active in the death penalty abolition movement); Yonat Shimron, Lobbyist Brings Hope to Death Row, NEWS & OBSERVER (Raleigh, N.C.), Jan. 21, 2001, at B1 (profiling Stephen Dear, the executive director of People of Faith Against the Death Penalty, who is responsible for organizing the faith community's opposition to the death penalty in North Carolina and works alongside other grass-roots groups across the state to raise public awareness); Jo Ann Zuniga, The Wrong Man?; Groups Turn International Attention to Death Row Inmate, HOUSTON CHRON., Jan. 10, 1993, at A1 (describing local Hispanic community members rallied in support of Ricardo Aldape Guerra, on death row for a crime many believe that he did not commit and activists such as Liz Murillo, co-director of Comite Nacional de la Raza, who believe that theirs is "also a protest of the justice system that is discriminatorily used against people of color").
219. See GERALD LÓPEZ, REBELLIOUS LAWYERING: ONE CHICANO'S VERSION OF PROGRESSIVE LAW PRACTICE 61 (1992). This is a central distinction between "liberal" lawyers and rebellious lawyers. Liberal lawyers would view community presence as an end in itself.
220. See supra notes 58-65 and accompanying text.
221. See Richman, supra note 31, at 969-70.
222. See Alfieri, supra note 104, at 816; see also Regina Austin, The Black Community: Its Lawbreakers, and a Politics of Identification, 65 S. CAL. L. REV. 1769, 1799 (1992).
223. Paul Butler defines jury nullification as the practice by which "a jury disregards evidence presented at trial and acquits an otherwise guilty defendant, because the jury objects to the law that the defendant violated or to the application of the law to that defendant." Paul Butler, Racially Based Jury Nullification: Black Power in the Criminal Justice System, 105 YALE L.J. 677, 700 (1995). The primary criticism of jury nullification is that it undermines the rule of law: "Granting jurors a license to nullify, whether they disapproved of the law in all cases or thought the law should not be applied to a specific defendant's conduct, would result in a 'government of men,' not laws." R. Alex Morgan, Jury Nullification Should Be Made a Routine Part of the Criminal Justice System, But It. Won't Be, 29 ARIZ. ST. L.J. 1127, 1136 (1997).
224. Paul Butler defines jury nullification as the practice by which "a jury disregards evidence presented at trial and acquits an otherwise guilty defendant, because the jury objects to the law that the defendant violated or to the application of the law to that defendant." Paul Butler, Racially Based Jury Nullification: Black Power in the Criminal Justice System, 105 YALE L.J. 677, 700 (1995). The primary criticism of jury nullification is that it undermines the rule of law: "Granting jurors a license to nullify, whether they disapproved of the law in all cases or thought the law should not be applied to a specific defendant's conduct, would result in a 'government of men,' not laws." R. Alex Morgan, Jury Nullification Should Be Made a Routine Part of the Criminal Justice System, But It. Won't Be, 29 ARIZ. ST. L.J. 1127, 1136 (1997).
225. See Deborah P. Kelly, Have Victim Reforms Gone Too Far - Or Not Far Enough?, 6 CRIM. JUST. 22, 25 (1991).
226. See Todd R. Clear & David R. Karp, The Community Justice Movement, in COMMUNITY JUSTICE: AN EMERGING FIELD 3, 16 (David R. Karp ed., 1998); see also TODD R. CLEAR & DAVID R. KARP, THE COMMUNITY JUSTICE IDEAL: PREVENTING CRIME AND ACHIEMNC. JUSTICE 25-26 (1999).
227. See Todd R. Clear & David R. Karp, The Community Justice Movement, in COMMUNITY JUSTICE: AN EMERGING FIELD 3, 16 (David R. Karp ed., 1998); see also TODD R. CLEAR & DAVID R. KARP, THE COMMUNITY JUSTICE IDEAL: PREVENTING CRIME AND ACHIEMNC. JUSTICE 25-26 (1999).
228. See Brandt J. Goldstein, Panhandlers at Yale: A Case Study in the Limits of Law, 27 IND. L. REV. 295, 336 (1993).
229. The Richmond, California, Black Firefighters Association runs a "Saturday Academy" in which at-risk youth learn CPR, life-saving, and self-esteem. The program has grown into a highly praised community asset. Prosecutor Scott Newman also points to St. Florian Center in Indianapolis, Indiana as another example of firefighters working in communities.
230. See supra notes 4-10 and accompanying text. Portland, Oregon; Austin, Texas; and Denver, Colorado, represent examples of excellent community prosecution efforts that have benefited from self-reflection, and from evaluation and adjustment.
231. See, e.g., RANDY HERTZ ET AL., TRIAL MANUAL FOR DEFENSE ATTORNEYS IN JUVENILE COURT § 11.01, at 281 (1991) ("The list of potential experts is limited only by the reach of counsel's imagination.").
232. See supra note 156 (describing a community prosecution program in Indiana).
233. See supra notes 137-38, 148-53 and accompanying text (describing programs in Portland and Denver).
234. See supra notes 143-48 and accompanying text (describing program in Maryland). But see supra note 142 and accompanying text (explaining that urban and rural regions may require differing types of organizational structures).
235. See supra notes 142-53 and accompanying text.
236. See Glazer, supra note 95, at 1017.
237. See Paul Brest, The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers, LAW & CONTEMP. PROBS., Summer/Autumn 1995, at 5, 15 (discussing collaboration in law school curriculums); Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 VT. L. REV. 459, 472-76 (1993) (discussing the benefits of collaboration in legal work); Stephen Ellmann, Empathy and Approval, 43 HASTINGS L.J. 991, 992-94 (1992) (discussing the importance of empathy in lawyering); Gerald P. López, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 GEO. L.J. 1603, 1605 (1989) (discussing aspects of practicing law for social change); Catherine Gage O'Grady, Preparing Students for the Profession: Clinical Education, Collaborative Pedagogy, and the Realities of Practice for the New Lawyer, 4 CLINICAL L. REV. 485, 495-97 (1998) (discussing collaborative pedagogy in law school clinics); Margaret M. Russell, Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 CLINIGVL L. REV. 135, 139-43 (1994) (discussing collaboration in legal teaching).
238. See Paul Brest, The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers, LAW & CONTEMP. PROBS., Summer/Autumn 1995, at 5, 15 (discussing collaboration in law school curriculums); Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 VT. L. REV. 459, 472-76 (1993) (discussing the benefits of collaboration in legal work); Stephen Ellmann, Empathy and Approval, 43 HASTINGS L.J. 991, 992-94 (1992) (discussing the importance of empathy in lawyering); Gerald P. López, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 GEO. L.J. 1603, 1605 (1989) (discussing aspects of practicing law for social change); Catherine Gage O'Grady, Preparing Students for the Profession: Clinical Education, Collaborative Pedagogy, and the Realities of Practice for the New Lawyer, 4 CLINICAL L. REV. 485, 495-97 (1998) (discussing collaborative pedagogy in law school clinics); Margaret M. Russell, Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 CLINIGVL L. REV. 135, 139-43 (1994) (discussing collaboration in legal teaching).
239. See Paul Brest, The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers, LAW & CONTEMP. PROBS., Summer/Autumn 1995, at 5, 15 (discussing collaboration in law school curriculums); Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 VT. L. REV. 459, 472-76 (1993) (discussing the benefits of collaboration in legal work); Stephen Ellmann, Empathy and Approval, 43 HASTINGS L.J. 991, 992-94 (1992) (discussing the importance of empathy in lawyering); Gerald P. López, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 GEO. L.J. 1603, 1605 (1989) (discussing aspects of practicing law for social change); Catherine Gage O'Grady, Preparing Students for the Profession: Clinical Education, Collaborative Pedagogy, and the Realities of Practice for the New Lawyer, 4 CLINICAL L. REV. 485, 495-97 (1998) (discussing collaborative pedagogy in law school clinics); Margaret M. Russell, Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 CLINIGVL L. REV. 135, 139-43 (1994) (discussing collaboration in legal teaching).
240. See Paul Brest, The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers, LAW & CONTEMP. PROBS., Summer/Autumn 1995, at 5, 15 (discussing collaboration in law school curriculums); Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 VT. L. REV. 459, 472-76 (1993) (discussing the benefits of collaboration in legal work); Stephen Ellmann, Empathy and Approval, 43 HASTINGS L.J. 991, 992-94 (1992) (discussing the importance of empathy in lawyering); Gerald P. López, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 GEO. L.J. 1603, 1605 (1989) (discussing aspects of practicing law for social change); Catherine Gage O'Grady, Preparing Students for the Profession: Clinical Education, Collaborative Pedagogy, and the Realities of Practice for the New Lawyer, 4 CLINICAL L. REV. 485, 495-97 (1998) (discussing collaborative pedagogy in law school clinics); Margaret M. Russell, Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 CLINIGVL L. REV. 135, 139-43 (1994) (discussing collaboration in legal teaching).
241. See Paul Brest, The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers, LAW & CONTEMP. PROBS., Summer/Autumn 1995, at 5, 15 (discussing collaboration in law school curriculums); Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 VT. L. REV. 459, 472-76 (1993) (discussing the benefits of collaboration in legal work); Stephen Ellmann, Empathy and Approval, 43 HASTINGS L.J. 991, 992-94 (1992) (discussing the importance of empathy in lawyering); Gerald P. López, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 GEO. L.J. 1603, 1605 (1989) (discussing aspects of practicing law for social change); Catherine Gage O'Grady, Preparing Students for the Profession: Clinical Education, Collaborative Pedagogy, and the Realities of Practice for the New Lawyer, 4 CLINICAL L. REV. 485, 495-97 (1998) (discussing collaborative pedagogy in law school clinics); Margaret M. Russell, Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 CLINIGVL L. REV. 135, 139-43 (1994) (discussing collaboration in legal teaching).
242. See Paul Brest, The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers, LAW & CONTEMP. PROBS., Summer/Autumn 1995, at 5, 15 (discussing collaboration in law school curriculums); Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 VT. L. REV. 459, 472-76 (1993) (discussing the benefits of collaboration in legal work); Stephen Ellmann, Empathy and Approval, 43 HASTINGS L.J. 991, 992-94 (1992) (discussing the importance of empathy in lawyering); Gerald P. López, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 GEO. L.J. 1603, 1605 (1989) (discussing aspects of practicing law for social change); Catherine Gage O'Grady, Preparing Students for the Profession: Clinical Education, Collaborative Pedagogy, and the Realities of Practice for the New Lawyer, 4 CLINICAL L. REV. 485, 495-97 (1998) (discussing collaborative pedagogy in law school clinics); Margaret M. Russell, Beginner's Resolve: An Essay on Collaboration, Clinical Innovation, and the First-Year Core Curriculum, 1 CLINIGVL L. REV. 135, 139-43 (1994) (discussing collaboration in legal teaching).
243. See generally the following articles depicting prosecutorial trial skills: Jim Accardi, Winning Closing Arguments with Narrative Metaphor, PROSECUTOR, Nov./Dec. 1999, at 38 (discussing a particular closing technique); Lawrence C. Doan, The Art of Trial Advocacy for Prosecutors, PROSECUTOR, Mar./Apr. 1999, at 34 (arguing that trial advocacy is an art); John J. Eannace, An Art - Not a Science: A Prosecutor's Perspective on Opening Statements, PROSECUTOR, Nov./Dec. 1997, at 32 (arguing that drafting and delivering opening statements can be an art from the perspective of a prosecutor); OTTO G. OBERMAIER, THE JURY 1987: TECHNIQUES FOR THE TRIAL LAWYER, JUDGE CONDUCTED VOIR DIRE, 340 (Practising Law Institute Litigation and Administrative Practice Course Handbook Series Litigation 151, Nov. 1987) (advising trial lawyers on techniques for either judge or lawyer-conducted voir dire). See generally JAMES W. JEANS, TRIAL ADVOCACY (1975) (part of a series of book discussing trial strategies); LAWRENCE A. DUBIN & THOMAS F. GUERNSEY, TRIAL PRACTICE (1991) (same).
244. See generally the following articles depicting prosecutorial trial skills: Jim Accardi, Winning Closing Arguments with Narrative Metaphor, PROSECUTOR, Nov./Dec. 1999, at 38 (discussing a particular closing technique); Lawrence C. Doan, The Art of Trial Advocacy for Prosecutors, PROSECUTOR, Mar./Apr. 1999, at 34 (arguing that trial advocacy is an art); John J. Eannace, An Art - Not a Science: A Prosecutor's Perspective on Opening Statements, PROSECUTOR, Nov./Dec. 1997, at 32 (arguing that drafting and delivering opening statements can be an art from the perspective of a prosecutor); OTTO G. OBERMAIER, THE JURY 1987: TECHNIQUES FOR THE TRIAL LAWYER, JUDGE CONDUCTED VOIR DIRE, 340 (Practising Law Institute Litigation and Administrative Practice Course Handbook Series Litigation 151, Nov. 1987) (advising trial lawyers on techniques for either judge or lawyer-conducted voir dire). See generally JAMES W. JEANS, TRIAL ADVOCACY (1975) (part of a series of book discussing trial strategies); LAWRENCE A. DUBIN & THOMAS F. GUERNSEY, TRIAL PRACTICE (1991) (same).
245. See generally the following articles depicting prosecutorial trial skills: Jim Accardi, Winning Closing Arguments with Narrative Metaphor, PROSECUTOR, Nov./Dec. 1999, at 38 (discussing a particular closing technique); Lawrence C. Doan, The Art of Trial Advocacy for Prosecutors, PROSECUTOR, Mar./Apr. 1999, at 34 (arguing that trial advocacy is an art); John J. Eannace, An Art - Not a Science: A Prosecutor's Perspective on Opening Statements, PROSECUTOR, Nov./Dec. 1997, at 32 (arguing that drafting and delivering opening statements can be an art from the perspective of a prosecutor); OTTO G. OBERMAIER, THE JURY 1987: TECHNIQUES FOR THE TRIAL LAWYER, JUDGE CONDUCTED VOIR DIRE, 340 (Practising Law Institute Litigation and Administrative Practice Course Handbook Series Litigation 151, Nov. 1987) (advising trial lawyers on techniques for either judge or lawyer-conducted voir dire). See generally JAMES W. JEANS, TRIAL ADVOCACY (1975) (part of a series of book discussing trial strategies); LAWRENCE A. DUBIN & THOMAS F. GUERNSEY, TRIAL PRACTICE (1991) (same).
246. See generally the following articles depicting prosecutorial trial skills: Jim Accardi, Winning Closing Arguments with Narrative Metaphor, PROSECUTOR, Nov./Dec. 1999, at 38 (discussing a particular closing technique); Lawrence C. Doan, The Art of Trial Advocacy for Prosecutors, PROSECUTOR, Mar./Apr. 1999, at 34 (arguing that trial advocacy is an art); John J. Eannace, An Art - Not a Science: A Prosecutor's Perspective on Opening Statements,
247. See generally the following articles depicting prosecutorial trial skills: Jim Accardi, Winning Closing Arguments with Narrative Metaphor, PROSECUTOR, Nov./Dec. 1999, at 38 (discussing a particular closing technique); Lawrence C. Doan, The Art of Trial Advocacy for Prosecutors, PROSECUTOR, Mar./Apr. 1999, at 34 (arguing that trial advocacy is an art); John J. Eannace, An Art - Not a Science: A Prosecutor's Perspective on Opening Statements, PROSECUTOR, Nov./Dec. 1997, at 32 (arguing that drafting and delivering opening statements can be an art from the perspective of a prosecutor); OTTO G. OBERMAIER, THE JURY 1987: TECHNIQUES FOR THE TRIAL LAWYER, JUDGE CONDUCTED VOIR DIRE, 340 (Practising Law Institute Litigation and Administrative Practice Course Handbook Series Litigation 151, Nov. 1987) (advising trial lawyers on techniques for either judge or lawyer-conducted voir dire). See generally JAMES W. JEANS, TRIAL ADVOCACY (1975) (part of a series of book discussing trial strategies); LAWRENCE A. DUBIN & THOMAS F. GUERNSEY, TRIAL PRACTICE (1991) (same).
248. See generally the following articles depicting prosecutorial trial skills: Jim Accardi, Winning Closing Arguments with Narrative Metaphor, PROSECUTOR, Nov./Dec. 1999, at 38 (discussing a particular closing technique); Lawrence C. Doan, The Art of Trial Advocacy for Prosecutors, PROSECUTOR, Mar./Apr. 1999, at 34 (arguing that trial advocacy is an art); John J. Eannace, An Art - Not a Science: A Prosecutor's Perspective on Opening Statements, PROSECUTOR, Nov./Dec. 1997, at 32 (arguing that drafting and delivering opening statements can be an art from the perspective of a prosecutor); OTTO G. OBERMAIER, THE JURY 1987: TECHNIQUES FOR THE TRIAL LAWYER, JUDGE CONDUCTED VOIR DIRE, 340 (Practising Law Institute Litigation and Administrative Practice Course Handbook Series Litigation 151, Nov. 1987) (advising trial lawyers on techniques for either judge or lawyer-conducted voir dire). See generally JAMES W. JEANS, TRIAL ADVOCACY (1975) (part of a series of book discussing trial strategies); LAWRENCE A. DUBIN & THOMAS F. GUERNSEY, TRIAL PRACTICE (1991) (same).
249. Exposure to community prosecution work also can enhance the quality of prosecutors' trial practice by broadening their perspective on prosecutorial work and the solutions appropriate in a particular situation, deepening their understanding of the community in which crimes take place and complainants live, and enhancing their ability to work effectively with complainants and witnesses from those communities.
250. See Susan R. Jones, Small Business and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 CLINICAL L. REV. 195, 219-31 (1997) (discussing the benefits of transactional clinics); Jeffrey S. Lehmann & Rochelle E. Lento, Law School Support for Community-Based Economic Development in Low-Income Urban Neighborhoods, 42 WASH. U. J. URB. & CONTEMP. L. 65, 72-73 (1992) (describing the Urban Communities Program as a non-litigation clinic for counseling, negotiating, and advising); Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 PUB. INT. L.J. 275, 283-84 (1995) (discussing a broader context for developmental clinics); Ann Southworth, Business Planning for the Destitute: Lawyers as Facilitators in Civil Rights and Poverty Practice, 1996 WIS. L. REV. 1121, 1132-47 (discussing the role of lawyers in addressing urban poverty).
251. See Susan R. Jones, Small Business and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 CLINICAL L. REV. 195, 219-31 (1997) (discussing the benefits of transactional clinics); Jeffrey S. Lehmann & Rochelle E. Lento, Law School Support for Community-Based Economic Development in Low-Income Urban Neighborhoods, 42 WASH. U. J. URB. & CONTEMP. L. 65, 72-73 (1992) (describing the Urban Communities Program as a non-litigation clinic for counseling, negotiating, and advising); Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 PUB. INT. L.J. 275, 283-84 (1995) (discussing a broader context for developmental clinics); Ann Southworth, Business Planning for the Destitute: Lawyers as Facilitators in Civil Rights and Poverty Practice, 1996 WIS. L. REV. 1121, 1132-47 (discussing the role of lawyers in addressing urban poverty).
252. See Susan R. Jones, Small Business and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 CLINICAL L. REV. 195, 219-31 (1997) (discussing the benefits of transactional clinics); Jeffrey S. Lehmann & Rochelle E. Lento, Law School Support for Community-Based Economic Development in Low-Income Urban Neighborhoods, 42 WASH. U. J. URB. & CONTEMP. L. 65, 72-73 (1992) (describing the Urban Communities Program as a non-litigation clinic for counseling, negotiating, and advising); Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 PUB. INT. L.J. 275, 283-84 (1995) (discussing a broader context for developmental clinics); Ann Southworth, Business Planning for the Destitute: Lawyers as Facilitators in Civil Rights and Poverty Practice, 1996 WIS. L. REV. 1121, 1132-47 (discussing the role of lawyers in addressing urban poverty).
253. See Susan R. Jones, Small Business and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 CLINICAL L. REV. 195, 219-31 (1997) (discussing the benefits of transactional clinics); Jeffrey S. Lehmann & Rochelle E. Lento, Law School Support for Community-Based Economic Development in Low-Income Urban Neighborhoods, 42 WASH. U. J. URB. & CONTEMP. L. 65, 72-73 (1992) (describing the Urban Communities Program as a non-litigation clinic for counseling, negotiating, and advising); Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 PUB. INT. L.J. 275, 283-84 (1995) (discussing a broader context for developmental clinics); Ann Southworth, Business Planning for the Destitute: Lawyers as Facilitators in Civil Rights and Poverty Practice, 1996 WIS. L. REV. 1121, 1132-47 (discussing the role of lawyers in addressing urban poverty).
254. See supra notes 92-97 and accompanying text.
255. See Margaret E. Montoya, Voicing Differences, 4 CLINICAL L. REV. 147, 152-57 (1997) (discussing the need for "re-mapping the learning environment" to provide space for the voicing of both insider and outsider student perspectives in the teaching of difference and similarity); Kimberly E. O'Leary, Using "Difference Analysis" To Teach Problem-Solving, 4 CLINICAL L. REV. 65, 76-81 (1997) (advocating that a complete legal education should include lessons of social justice and proposing teaching methodologies for helping students learn how to integrate "difference analysis"). "Difference analysis," a term the author uses to describe an analysis in which a lawyer or law student "engage[s] in routine examinations of a diverse range of viewpoints" into problem solving. Id. at 66; see also Jane Harris Aiken, Striving To Teach "Justice, Fairness and Morality", 4 CLINICAL L. REV. 1, 30-46 (1997) (discussing important aspects in clinical teaching, including racial and health issues); Fran Quigley, Seizing the Disorienting Moment: Adult Learning Theory and the Teaching of Social Justice in Law School Clinics, 2 CLINICAL L. REV. 37, 53-71 (1995) (discussing the effect of serving low-income or otherwise disadvantaged clients on students and clinics).
256. See Margaret E. Montoya, Voicing Differences, 4 CLINICAL L. REV. 147, 152-57 (1997) (discussing the need for "re-mapping the learning environment" to provide space for the voicing of both insider and outsider student perspectives in the teaching of difference and similarity); Kimberly E. O'Leary, Using "Difference Analysis" To Teach Problem-Solving, 4 CLINICAL L. REV. 65, 76-81 (1997) (advocating that a complete legal education should include lessons of social justice and proposing teaching methodologies for helping students learn how to integrate "difference analysis"). "Difference analysis," a term the author uses to describe an analysis in which a lawyer or law student "engage[s] in routine examinations of a diverse range of viewpoints" into problem solving. Id. at 66; see also Jane Harris Aiken, Striving To Teach "Justice, Fairness and Morality", 4 CLINICAL L. REV. 1, 30-46 (1997) (discussing important aspects in clinical teaching, including racial and health issues); Fran Quigley, Seizing the Disorienting Moment: Adult Learning Theory and the Teaching of Social Justice in Law School Clinics, 2 CLINICAL L. REV. 37, 53-71 (1995) (discussing the effect of serving low-income or otherwise disadvantaged clients on students and clinics).
257. See Margaret E. Montoya, Voicing Differences, 4 CLINICAL L. REV. 147, 152-57 (1997) (discussing the need for "re-mapping the learning environment" to provide space for the voicing of both insider and outsider student perspectives in the teaching of difference and similarity); Kimberly E. O'Leary, Using "Difference Analysis" To Teach Problem-Solving, 4 CLINICAL L. REV. 65, 76-81 (1997) (advocating that a complete legal education should include lessons of social justice and proposing teaching methodologies for helping students learn how to integrate "difference analysis"). "Difference analysis," a term the author uses to describe an analysis in which a lawyer or law student "engage[s] in routine examinations of a diverse range of viewpoints" into problem solving. Id. at 66; see also Jane Harris Aiken, Striving To Teach "Justice, Fairness and Morality", 4 CLINICAL L. REV. 1, 30-46 (1997) (discussing important aspects in clinical teaching, including racial and health issues); Fran Quigley, Seizing the Disorienting Moment: Adult Learning Theory and the Teaching of Social Justice in Law School Clinics, 2 CLINICAL L. REV. 37, 53-71 (1995) (discussing the effect of serving low-income or otherwise disadvantaged clients on students and clinics).
258. See Margaret E. Montoya, Voicing Differences, 4 CLINICAL L. REV. 147, 152-57 (1997) (discussing the need for "re-mapping the learning environment" to provide space for the voicing of both insider and outsider student perspectives in the teaching of difference and similarity); Kimberly E. O'Leary, Using "Difference Analysis" To Teach Problem-Solving, 4 CLINICAL L. REV. 65, 76-81 (1997) (advocating that a complete legal education should include lessons of social justice and proposing teaching methodologies for helping students learn how to integrate "difference analysis"). "Difference analysis," a term the author uses to describe an analysis in which a lawyer or law student "engage[s] in routine examinations of a diverse range of viewpoints" into problem solving. Id. at 66; see also Jane Harris Aiken, Striving To Teach "Justice, Fairness and Morality", 4 CLINICAL L. REV. 1, 30-46 (1997) (discussing important aspects in clinical teaching, including racial and health issues); Fran Quigley, Seizing the Disorienting Moment: Adult Learning Theory and the Teaching of Social Justice in Law School Clinics, 2 CLINICAL L. REV. 37, 53-71 (1995) (discussing the effect of serving low-income or otherwise disadvantaged clients on students and clinics).
259. See Margaret E. Montoya, Voicing Differences, 4 CLINICAL L. REV. 147, 152-57 (1997) (discussing the need for "re-mapping the learning environment" to provide space for the voicing of both insider and outsider student perspectives in the teaching of difference and similarity); Kimberly E. O'Leary, Using "Difference Analysis" To Teach Problem-Solving, 4 CLINICAL L. REV. 65, 76-81 (1997) (advocating that a complete legal education should include lessons of social justice and proposing teaching methodologies for helping students learn how to integrate "difference analysis"). "Difference analysis," a term the author uses to describe an analysis in which a lawyer or law student "engage[s] in routine examinations of a diverse range of viewpoints" into problem solving. Id. at 66; see also Jane Harris Aiken, Striving To Teach "Justice, Fairness and Morality", 4 CLINICAL L. REV. 1, 30-46 (1997) (discussing important aspects in clinical teaching, including racial and health issues); Fran Quigley, Seizing the Disorienting Moment: Adult Learning Theory and the Teaching of Social Justice in Law School Clinics, 2 CLINICAL L. REV. 37, 53-71 (1995) (discussing the effect of serving low-income or otherwise disadvantaged clients on students and clinics).
260. See Eva S. Nilsen, The Criminal Defense Lawyer's Reliance on Bias and Prejudice, 8 GEO. J. LEGAL ETHICS 1, 43 (1994) (critically analyzing criminal defense lawyers' use of racial, gender, and culture stereotypes in the context of criminal trial practice, and arguing that courts, legislature, and law schools should pay closer attention to the propriety of such use of stereotypes by lawyers); see also Sheri Lynn Johnson, Racial Imagery in Criminal Cases, 67 TUL. L. REV. 1739, 1769-70 (1993) (describing the manipulation of racial fears and stereotypes in criminal trials, including, e.g., a white defendant in an interracial assault case who may attempt to enhance a claim of selfdefense by exploiting the racial prejudices of jurors in asserting the reasonableness of their fear of supposed assailants who are black).
261. See Eva S. Nilsen, The Criminal Defense Lawyer's Reliance on Bias and Prejudice, 8 GEO. J. LEGAL ETHICS 1, 43 (1994) (critically analyzing criminal defense lawyers' use of racial, gender, and culture stereotypes in the context of criminal trial practice, and arguing that courts, legislature, and law schools should pay closer attention to the propriety of such use of stereotypes by lawyers); see also Sheri Lynn Johnson, Racial Imagery in Criminal Cases, 67 TUL. L. REV. 1739, 1769-70 (1993) (describing the manipulation of racial fears and stereotypes in criminal trials, including, e.g., a white defendant in an interracial assault case who may attempt to enhance a claim of selfdefense by exploiting the racial prejudices of jurors in asserting the reasonableness of their fear of supposed assailants who are black).
262. See supra notes 53-56 and accompanying text.
263. For discussion of the kinds of concerns a prosecutor may have about being assigned to a community prosecution unit, see supra notes 101-03 and accompanying text.