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					        Sentencing and Parole
         Review Task Force

  The Charging Function
     of the Prosecutor




Dean Mary Galvin, Retired State’s Attorney
  Kevin T. Kane, Chief State’s Attorney
      The Public Prosecutor
• 1705 - Connecticut First by Statute


• Replaced Private Prosecutors


• Responsibility to Do Justice
The Charging Function
3.8 Special Responsibilities Of the
            Prosecutor


The prosecutor should exercise his/her
discretion to file only those charges
which he/she considers to be
consistent with the interests of justice.
NDAA Prosecution
   Standards
NDAA Charging Standards



Factors which may be considered in the
 charging decision include:
        Factors to Consider

• a. The probability of conviction;
• b. The nature of the offense;
• c. The characteristics of the offender;
• d. Possible deterrent value of prosecution
  to the offender and society in general;
        Factors to Consider

• e. Likelihood of prosecution by another
  criminal justice authority;
• f. The willingness of the offender to
  cooperate with law enforcement;
• g. Aid to other criminal justice goals
  through non-prosecution;
• h. The interests of the victim;
        Factors to Consider

• i. Possible improper motives of a victim or
  witness;
• j. The availability of adequate civil
  remedies;
• k. The age of the offense;
• l. Undue hardship caused to the accused;
        Factors to Consider

• m. A history of non-enforcement of a
  statute;
• n. Excessive cost of prosecution in
  relation to the seriousness of the offense;
• o. Recommendations of the involved law
  enforcement agency;
       Factors to Consider
• p. The expressed desire of an offender to
  release potential civil claims against
  victims, witnesses, law enforcement
  agencies and their personnel, and the
  prosecutor and his personnel, where such
  desire is expressed after the opportunity
  to obtain advice from counsel and is
  knowing and voluntary; and
• q. Any mitigating circumstances.
Diversionary Programs
      Diversionary Programs


• Designed to suspend prosecution
• Require education, treatment, community
  service, or other programs
• Which, if completed successfully, will
  result in the suspension of the charges
Alcohol Education Program (AEP)


• Operation of a vehicle or vessel under the
  influence
• Operation by a person under age 20 in
  which the BAC is above .02
• With no past MV Felonies or DUI
Accelerated Rehabilitation (AR)
• For 1st offenders on non-serious offenses
• Cannot be used for:
  - A or B Felony, except larceny
  - Certain C Felonies
  - DUI
  - Any crime or MV violation resulting in the
    death of another
   Community Service Labor
      Program (CSLP)


• For drug offenders who have minimal or
  no prior drug convictions for possession
  offenses
Drug and Alcohol Dependency
 (Suspension of Prosecution)


• For substance dependent defendants who
  are likely to benefit from treatment
   Drug Education Program


• To provide education on less serious drug
  offenses
Family Violence Education Program
              (FVEP)


• To provide treatment for family violence
  involving physical harm or threat of
  physical harm where the defendant is
  charged with D felony
• Cannot be use for class A, B, or C
  felonies
School Violence Prevention Program
              (SVPP)


 • For secondary school students with the
   use or threat of physical violence on
   school property
Youthful Offender Program (YO)


• For people aged 16 and 17 to avoid a
  record of conviction
• Closed Courtroom
Persistent Offender
     Statutes
 Authorized Felony Sentences
• Class A
  - Murder 25 to life (60)
  - All others 10 to 25
• Class B
  - 53a-55a 5 to 40
  - All others 1 to 20 *except for 5 specified
    crimes where it is 50 to 20
 Authorized Felony Sentences
• Class C
  - Most are 1 to 10 *except for section 53a-56a
    which is 3 to 10
• Class D
  - Most are 1 to 5 *except for specified offenses
    where it is 3 to 5 and 53a-216 where it is 5
• Unclassified
  - In accordance with statute defining the crime
  Persistent Dangerous Felony
        Offender 53a-40


• Sentence enhancement:
  - Not more than 40 years, or if two priors not
    more than life imprisonment
   Persistent Dangerous Sexual
         Offender 53a-40


• Sentence enhancement:
  - A sentence of imprisonment and special
    parole which together constitute a life
    sentence
Persistent Serious Felony Offender
              53a-40


• Sentence enhancement:
  - A sentence of imprisonment for the next more
    serious degree of felony
Persistent Serious Sexual Offender
              53a-40


• Sentence enhancement:
  - A sentence of imprisonment and special
    parole which together constitute a maximum
    sentence for the next more serious degree of
    felony
Persistent Larceny Offender 53a-40


• Sentence enhancement:
  - A sentence for a class D felony (5 years)
Persistent Felony Offender 53a-40


• Sentence enhancement:
  - A sentence of imprisonment for the next more
    serious degree of felony and at least 3 years
    to serve and 3 years of sentence may not be
    suspended or reduced by court
  Persistent Offender of Crimes
Involving Bigotry or Bias 53a-40a


• Sentence enhancement:
  - A sentence of imprisonment for the next more
    serious degree of misdemeanor (for a class A
    misdemeanor a sentence for a class D
    felony)
  Persistent Offender of Crimes
   Involving Stalking, Trespass,
Threatening, Harassment, Violation
     of a Protective Order or a
     Restraining Order 53a-40d
• Sentence enhancement:
  - A sentence of imprisonment for the next more
    serious degree of felony and at least 3 years
    to serve and 3 years of sentence may not be
    suspended or reduced by court
Persistent Operating while Under the
 Influence- Felony Offender 53a-40f


 • Sentence enhancement:
   - A sentence of imprisonment for the next more
     serious degree of felony
Mandatory Minimums
            Jessica’s Law



“Jessica’s Law” establishes new sentences
  for sex offenses against children under 13
  years of age;
            Jessica’s Law


• A new class A felony of aggravated
  sexual assault of a minor (victim under 13
  years of age), with a mandatory minimum
  term of imprisonment of 25 years for a first
  offense, 50 years for any subsequent
  offense;
           Jessica’s Law



• A MM of 5 years imprisonment for Risk of
  Injury to a Minor (section 53-21) if the
  victim is under thirteen years of age;
            Jessica’s Law


• The felony of enticing a minor (section
  53a-90) is a class B felony if the victim is
  under 13 years of age, with a MM term of
  imprisonment of 5 years for a first offense
  and 10 years for a subsequent offense.
           Jessica’s Law


• Employing a minor in an obscene
  performance (section 53a-196a) is a class
  A felony with a MM term of imprisonment
  of 10 years.
           Jessica’s Law


• Importing child pornography (section
  53a-196c) and first degree possession of
  child pornography (section 53a-196d),
  both class B felonies, now each carry a
  MM term of imprisonment of 5 years.
           Jessica’s Law



• Possession of child pornography in the
  second degree, a class C felony, now has
  a MM term of imprisonment of 2 years.
            Jessica’s Law


• Possession of child pornography in the
  third degree, a class D felony, now carries
  a MM term of imprisonment of one year.
                 Burglary
• 1st degree with a deadly weapon, explosive or
  dangerous instrument 53a-101
  - 5 years

• 2nd degree with a firearm 53a-102a
  - 1 year
• 3rd degree with a firearm 53a-103a
  - 1 year
                  Assault
• 1st degree 53a-59
  - 5 years if a deadly or dangerous instrument is
    used
  - 10 years if the victim is under 10 or a witness
• 1st degree of the elderly, blind, disabled,
  pregnant or mentally retarded 53a-59a
  - 5 years
                    Assault
• 2nd degree with a firearm 53a-60a
   - 1 year
• 2nd degree of the elderly, blind, disabled,
  pregnant or mentally retarded 53a-60b
   - 2 years
• 2nd degree with a firearm of the elderly, blind,
  disabled, pregnant or mentally retarded 53a-60c
   - 3 years
     The Charging Function
• Difficult and Complicated


• Requires Legal Experience and Training


• Impacts Victims, Convictions, Sentencing,
  and Release
    DOC- July 1, 2007 Statistics
Incarcerated Sentenced Population
        Top Ten Offenses

       VOP or CD            1,957
       Sale Hall./Narc.     1,706
       Poss. of Narcotics   771
       Robbery 1st          762
       Murder               538
    DOC- July 1, 2007 Statistics
Incarcerated Sentenced Population
         Top Ten Offenses

       Assault 1st          518
       Burglary 3rd         490
       Conspiracy           457
       Sexual Assault 1st   454
       Criminal Attempt     399
 "[The prosecutor] is in a peculiar and
     very definite sense the servant
 of the law. . . It is as much his duty to
refrain from improper methods. . . as to
  use every legitimate means to bring
        about a just [conviction]."


      Berger v. United States, 295 U.S. 78 (1935)

				
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