MASS ARREST PROSECUTIONS
Mass arrest cases present unique challenges from investigatory to trial stages, with a focus on evidentiary considerations for identification of suspects and practical challenges like courtroom congestion and social distancing. Alternatives to prosecution, such as pre-filing diversion programs, are also explored.
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MASS ARREST PROSECUTIONS MUNICIPAL LAW INSTITUTE, MARCH 5, 2021 Mass Arrest Cases These are complex cases at the investigatory, preparation and trial stages Conduct is often intertwined with 1stAmendment and/or protest activity surrounding significant social issues. This often evokes strong biases or beliefs during jury selection and throughout a trial Mass Arrests may result in various types of mass gatherings Occupy LA freeway or intersection takeovers or other large protests sports celebrations street racing violation of health orders
EVIDENTIARY CONSIDERATIONS Identification of the individual committing the alleged offense Individualized report for each suspect Continuous observation and all officer(s) identified in the report Video is critical to establish these elements and to rebut defenses Example. PC 409: We must prove the suspect was present at a riot, rout or unlawful assembly (Def: caught up walking by ) a dispersal order was given (Def: ambiguous language ) it was heard by the individual (Def: too noisy, couldn t hear, too far away, don t speak English ) he/she was given clear direction where to disperse and given sufficient time (Def: unclear where or how far I needed to go ) he/she was able to disperse (Def: I tried but was unable to, I couldn t move past the thick crowd )
PRACTICAL CONSIDERATIONS File as Co-Defedants or individual cases? Co-D challenges: very congested courtroom Social Distancing considerations no room at counsel table noise - transcripts jury selection large venires LA county batch system unruly audience Individual Deft challenges: witness inconvenience with successive trials relitigating same issues in front of different judges
ALTERNATIVES TO PROSECUTION Alternatives to prosecution Was this an isolated incident? Criminal history? Aggravating factors? I.e. property damage, theft, assault? Pre-filing diversion programs Neighborhood Justice Program Constitutional Law seminar Community Conversations City Attorney Hearing
