INTRODUCTION
Continuing under the leadership of Steve Cooley, District Attorney for Los Angeles County, the Los Angeles County District Attorney’s Office (District Attorney’s Office) operates with the clear mission of evaluating and prosecuting cases in a fair, evenhanded and compassionate manner. The District Attorney’s Office has demonstrated its commitment to justice for all citizens of the county and is dedicated to serving the special needs of child victims and witnesses.
Every year in Los Angeles County, thousands of children are reported to law enforcement and child protective service agencies as victims of abuse and neglect. Dedicated professionals investigate allegations of sexual abuse, physical abuse, and severe neglect involving our most vulnerable citizens, our children. All too often, the perpetrators of these offenses are those in whom children place the greatest trust ― parents, grandparents, foster parents, guardians, teachers, clergy members, coaches, and trusted family friends. The child victim is a primary concern of the District Attorney's Office throughout the prosecution process. Skilled prosecutors are assigned to handle these cases and victim/witness advocates are readily available to assist the children. District attorney personnel have the best interests of the child victim or witness in mind. Protection of our children is, and will continue to be, one of the top priorities of the District Attorney's Office.
The District Attorney's Office becomes involved in child abuse cases after the cases are reported to and investigated by the police. Special divisions have been created in the District Attorney’s Office to handle child abuse cases. Highly skilled prosecutors with special training in working with children and issues of abuse and neglect are assigned to these divisions. These prosecutors attempt to make the judicial process easier and less traumatic for the child victim and witness. Additionally, there are trained investigators from the District Attorney’s Bureau of Investigation and skilled advocates of the Victim/Witness Assistant Program who work with the prosecutors to ensure justice for our youngest victims of crime.
The District Attorney's Office prosecutes all felony crimes committed in Los Angeles County, all juvenile delinquency offenses, and misdemeanor crimes in the unincorporated areas of the County or in jurisdictions where cities have contracted for such service. Felonies are serious crimes for which the maximum punishment under the law is either state prison or death; misdemeanors are crimes for which the maximum punishment is county jail. Cases are referred by law enforcement agencies or by the Grand Jury. The District Attorney’s Office is the largest local prosecuting agency in the nation with 2,165 permanent employees and 167 temporary employees. Of the permanent employees, 1,058 are full-time attorneys and 23 are part-time attorneys. In 2007, the District Attorney’s Office reviewed 102,739 felony cases; 66,596 were filed and 36,143 were declined for filing. The District Attorney’s Office reviewed 148,466 misdemeanor cases; 130,111 were filed and 18,355 were declined for filing.
THE DISTRICT ATTORNEY
AND CHILDREN IN THE CRIMINAL JUSTICE SYSTEM
Because children are among the most defenseless victims of crime, the law provides special protection for them. Recognizing the special vulnerability and needs of child victims, the District Attorney's Office has mandated that all felony cases involving child physical abuse/endangerment, child sexual abuse or exploitation, and child abduction are vertically prosecuted. Vertical prosecution involves assigning specially-trained, experienced prosecutors to handle all aspects of a case from filing to sentencing. In some instances, these deputy district attorneys (DDA) are assigned to special divisions (Family Violence Division, Sex Crimes Division, Child Abduction Section, or Abolish Chronic Truancy). In other instances, the DDAs are designated as special prosecutors assigned to the Victim Impact Program (VIP) in Branch Offices (Airport, Alhambra, Antelope Valley, Compton, Long Beach, Norwalk, Pasadena, Pomona, San Fernando, Torrance/South Bay Child Crisis Center, and Van Nuys) or the Domestic Violence Unit within the Central Trials Division.
The vast majority of cases are initially presented to the District Attorney’s Office by a local law enforcement agency. When these cases are subject to vertical prosecution under the above criteria, the detective presenting the case is directed to the appropriate DDA for initial review of the police reports. In cases where the child victim is available and it is anticipated that the child's testimony will be utilized at trial, it is strongly encouraged that a pre-filing interview is conducted involving the child, the assigned DDA, and the investigating officer because it is essential to establish rapport between the child and the DDA assigned to evaluate and prosecute the case. In cases alleging sexual abuse of a child, the interview is required absent unusual circumstances. The interview provides the child with an opportunity to get to know the prosecutor and allows the prosecutor the opportunity to assess the child's competency to testify. The court will only allow the testimony of a witness who can demonstrate that he or she has the ability to recollect and recall and can understand and appreciate the importance of relating only the truth while on the witness stand. Ordinarily, this is established by taking an oath administered by the clerk of the court. The law recognizes that a child may not understand the language employed in the formal oath and thus provides that a child under the age of 10 may be required only to promise to tell the truth [Evidence Code (EC) §710]. The pre-filing interview affords the DDA an opportunity to determine if the child is sufficiently developed to understand the difference between the truth and a lie, knows that there are consequences for telling a lie while in court, and can recall the incident accurately.
The pre-filing interview will also assist in establishing whether the child will cooperate with the criminal process and, if necessary, testify in court. The victim of a sexual assault (whether an adult or child victim) cannot be forced to testify under threat of contempt [Code of Civil Procedure (CCP) §1219]. If the child who is the victim of sexual assault does not wish to speak with the deputy or is reluctant to commit to testifying in court and his or her testimony is required for a successful prosecution, then the child's decision will be respected and no case will be filed. In all cases involving a child victim, every effort will be made to offer support to the child through the presence of an advocate from the District Attorney's Office’s Victim/Witness Assistance Program. The victim/witness advocate will work closely with the child and the child's family (if appropriate) to ensure that they are informed of the options and services available to them such as counseling or medical assistance.
After reviewing the evidence presented by the investigating officer from the law enforcement agency, the DDA must determine that four basic requirements are met before a case can be filed:
1. After a thorough consideration of all pertinent facts presented following a complete investigation, the prosecutor is satisfied that the evidence proves that the accused is guilty of the crime to be charged;
2. There is legally sufficient, admissible evidence of the basic elements of the crime to be charged;
3. There is legally sufficient, admissible evidence of the accused's identity as the perpetrator of the crime charged;
4. The prosecutor has considered the probability of conviction by an objective fact finder and has determined that the admissible evidence is of such convincing force that it would warrant conviction of the crime charged by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time of charging and after considering the most plausible, reasonably foreseeable defense inherent in the prosecution evidence.
If a case does not meet the above criteria, the DDA will decline to prosecute the case and write the reasons for the declination on a designated form. The reasons can include, but are not limited to: a lack of proof regarding an element of the offense; a lack of sufficient evidence establishing that a crime occurred or that the accused is the perpetrator of the offense alleged; the victim is unavailable or declines to testify; or the facts of the case do not rise to the level of felony conduct. When the assessment determines that at most misdemeanor conduct has occurred, the case is either referred to the appropriate city attorney or city prosecutor's office or, in jurisdictions where the District Attorney prosecutes misdemeanor crimes, the case is filed as a misdemeanor.
Once a determination has been made that sufficient evidence exists to file a case, the DDA will employ special provisions that are designed to reduce the stress imposed upon a child during the court process. When a child under the age of 11 is testifying in a criminal proceeding in which the defendant is charged with certain specified crimes, the court, in its discretion, may:
• allow for reasonable breaks and relief from examination during which the child witness may leave the courtroom [PC §868.8(a)]
• remove its robe if it is believed that such formal attire may intimidate the child [PC §868.8(b)]
• relocate the parties and the courtroom furniture to facilitate a more comfortable and personal environment for the child witness [PC §868.8(c)]
• provide for testimony to be taken during the hours that the child would normally be attending school [PC §868.8(d)]
These provisions come under the general directive that the court ". . . shall take special precautions to provide for the comfort and support of the minor and to protect the minor from coercion, intimidation, or undue influence as a witness. . . ." provided in the Penal Code (PC §868.8).
There are additional legal provisions available to better enable children to speak freely and accurately of the experiences that are the subject of judicial inquiry:
• the court may designate up to two persons of the child's own choosing for support, one of whom may accompany the child to the witness stand while the second remains in the courtroom [PC §868.5(a)];
• each county is encouraged to provide a room, located inside of, or within a reasonable distance from, the courthouse, for the use of children under the age of 16 whose appearance has been subpoenaed by the court [PC §868.6(b)];
• the court may, upon a motion by the prosecution and under limited circumstances, permit a hearing closed to the public [PC §§868.7(a) and 859.1] or testimony on closed-circuit television or via videotape (PC §1347);
• the child must only be asked questions that are worded appropriately for his or her age and level of cognitive development [EC §765(b)];
• the child must have his or her age and level of cognitive development considered in the evaluation of credibility (PC §1127f); and the prosecutor may ask leading questions of the child witness on direct examination. [EC §767(b)]
SPECIALLY TRAINED PROSECUTORS WORKING WITH CHILDREN IN THE CRIMINAL JUSTICE SYSTEM
DDAs who are assigned the challenge of prosecuting cases in which children are victimized receive continuing special training throughout their assignment to enhance their ability to effectively prosecute these cases. These DDAs work very closely with victim advocates from the Los Angeles County District Attorney's Victim/Witness Assistance Program and other agencies to diminish the potential for additional stress and trauma caused by the experience of the child's participation in the criminal justice system.
SPECIAL DIVISIONS AND PROGRAMS
The District Attorney's Office has formed a system of special divisions and programs designed either specifically for the purpose of, or as part of their overall mandate, to recognize the special nature of prosecutions in which children are involved in the trial process as either victims or witnesses.
ABOLISH CHRONIC TRUANCY
The Abolish Chronic Truancy (ACT) Program is a District Attorney’s Office crime prevention/intervention program that enforces compulsory education laws by focusing on parental responsibility and accountability. ACT targets parents and guardians of elementary school-aged children who are in danger of becoming habitually truant. By addressing the problem early on, during a stage of development when parents have greater control over the behavior of their children, the chances of students developing good attendance habits are increased. Likewise, the likelihood of truancy problems emerging in middle and high school years, a leading precursor to juvenile delinquency and later adult criminality, are decreased. Losing days of learning in elementary school years can cause children to fall behind in their education. It is often difficult for these truant students to catch up and compete academically with their peers. When the successes for a student are few at school, attendance predictably drops, and the cycle of truancy becomes entrenched.
ACT partners with elementary schools throughout Los Angeles County. Among ACT’s goals are promoting a greater understanding of the compulsory education laws, increasing the in-seat attendance of children at school, and making appropriate referrals to assist families who are not in compliance with school attendance laws. Through a series of escalating interventions, the message consistently conveyed by District Attorney representatives is that parents must get their children to school every day and on time because it is good for the child and for the community and because it is the law. ACT seeks to reform not only the attendance habits of individual students, but to redefine the “school’s culture” of “zero tolerance” for school truancy.
The ACT Program is now in partnership with 359 schools in Los Angeles County, representing 30 school districts. During the 2007-2008 school year, ACT was able to expand into previously under-served or unserved areas in the Antelope Valley and South Los Angeles.
In February 2008, the second Countrywide Chronic Truancy Symposium was held. It represented a collaboration between many different public and governmental agencies, including the Los Angeles County District Attorney’s Office; the Los Angeles County Probation Department; the Los Angeles City Attorney’s Office; the Los Angeles Superior Court; the Los Angeles County Office of Education; the Los Angeles Unified School District; the Los Angeles Police Department; the Los Angeles School Police Department; and the Los Angeles County Sheriff’s Department. The event was hailed as an overwhelming success and it drew almost 575 attendees. The idea for the symposium originated with the District Attorney’s Office’s ACT Program which also took the primary role in its planning. Planning for the 2009 Symposium is currently underway. In October 2007, these accomplishments were recognized when the ACT Program was honored as a Top Ten Award Winner at the 21st Annual Los Angeles County Quality and Productivity Awards ceremony.