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Essex County Prosecutor's Office
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VERTICAL PROSECUTION

The Vertical Prosecution Program, began on a pilot basis in 2004, is an innovative alternative to case processing. Previously, the bulk of criminal cases traveled though various specialized case-preparation and screening sections before reaching the Grand Jury and Trial sections. The Vertical Program, by contrast, combines these functions into a single prosecution unit (the Vertical Unit) which handles its own cases through the arrest, pre-indictment, Grand Jury and trial stages. Each Assistant Prosecutor in the Vertical Unit must handle the case from pre-indictment preparation, then present his or her own cases to the Grand Jury and remain primarily responsible for subsequent plea negotiations, trial presentation, and sentencing. When the same prosecutor and investigator continue with a case, the Program not only encourages efficiency, it also enhances accountability and permits a better response to victims and witnesses.

The purpose of the 2004 Pilot Program was to test the viability of this streamlined approach in a County with the largest and most difficult caseload in the State. The goal was to maximize prosecutorial resources by reducing the time between arrest and disposition and by establishing continuity in prosecution. Testing these new concepts in a real courtroom setting has permitted the immediate resolution of issues and procedural problems within the vertical prosecution model. Initial statistics indicate that the average time between the filing of charges and case disposition for comparable criminal cases has been cut significantly, to three months from arrest to Grand Jury. As such, the Pilot Program has been expanded. One Superior Court judge was assigned in 2004 to oversee these cases; that was expanded to two in late 2005, to eight in 2006, and to twelve in 2007.

The biggest beneficiaries to date are the victims. The victims are contacted as soon as the Assistant Prosecutors receive the case file (approximately 5 to 7 days from the incident). They deal primarily with the Assistant Prosecutor in charge of the case throughout the proceeding, which often leads to a very positive and cooperative rapport with the victim. Assistant Prosecutors appreciate the program because they can build the case from the beginning, making strategic evaluations at a very early stage. Judges who are involved in the "vertical courts" also benefit, as they become familiar with the case from the start, and are better able to implement an effective disposition. The Program is working to the benefit of all parties.

The Vertical Prosecution program has assumed responsibility for certain programs focusing upon career criminals and weapons crimes. These programs include the following:

CAREER CRIMINAL: The goal is to identify, focus on and thoroughly prosecute repeat violent offenders. These cases are vertically prosecuted through the criminal justice system; i.e. the unit handles career criminal cases from investigation to trial or plea. The cases are screened and selected by this unit, as guided by established criteria. Defendants prosecuted under this program face stiff penalties including extended periods of incarceration.

GREATER NEWARK SAFE CITIES INITIATIVE (GNSCI): This is a collaboration of various law enforcement agencies (Essex County Prosecutor, State Attorney General, United States Attorney and Local Police Departments), community and social service entities, and the faith-based community. The Rutgers University-School of Criminal Justice, under the direction of Professor George Kelling, is the impartial arbiter of this collective. Prof. Kelling's staff identifies probationers and parolees, after a review of their criminal histories, as individuals more than likely to kill or be killed. To prevent repeat offenses, the defendants are placed in a program that provides intense supervision offering access to rehabilitative services. Opportunity and access is offered for education, employment, faith-based support, drug and alcohol treatment, and other social support. This represents a "carrot and stick" approach. If they do not avail themselves of these services, re-incarceration is a very real consequence. These defendants are monitored judicially by the Assignment Judge of Essex County. The Essex County Prosecutor's Office supports this initiative through community outreach, weekly meetings with the collective, court appearances on violations of probation/parole hearings, and monitoring of new arrests.

GUN STRATEGY PROGRAM: This program is a partnership between the Essex County Prosecutor's Office and GNSCI, to address the increase in gun violence and possession in Essex County. Defendants are identified for this program based upon established criteria. Once identified, an effort is made to set an appropriate bail to ensure the defendant's return to court.

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