MISSOURI
Missouri Office of Prosecution Services (MOPS)

PROBLEM IDENTIFICATION

Nationwide, traffic and misdemeanor cases constitute the largest proportion in prosecutors’ offices. Although these cases follow a simpler adjudication and disposition process than felony cases, the volume creates manpower and management problems that most frequently result in inefficient or ineffective prosecutions.

Little attention has been given to the effective management of lower courts insofar as they are the intake point for felony cases. However, at 1999 the New York Prosecutor’s Training Institute, the major prosecution management priority was the lower courts handling the high volume of traffic offenses and moving violations in these courts. There is a major discrepancy between the goals of law enforcement with respect to emphasizing traffic and highway safety and the real effects of prosecution. As a result, prosecution and the courts do not generally mirror the priority given by law enforcement agencies to promote compliance with traffic laws in order to increase highway safety and deter illegal and dangerous behavior.

The high volume of cases and low priority felony cases works against appropriate sanctioning and treatment. When moving violations are dismissed because the arresting officers are not in court, or cases are dismissed because they were not placed on the calendar for over a year, and when prosecution policies and priorities about misdemeanor and traffic cases are inconsistent, the basic law enforcement goals of prevention and deterrence are subverted.

• Increase public safety by giving appropriate attention and priority to misdemeanor cases and obtaining just and equitable dispositions;

• Ensure the equitable distribution of justice in misdemeanor courts through the adoption of uniform policies and guidelines;

• Promote efficient case processing for misdemeanors and traffic offenses through procedures that support efficient and effective prosecution;

• Introduce cost benefits to law enforcement agencies, prosecutors and the courts; and

• Provide state prosecution agencies with training materials addressing misdemeanor case management and “train the trainer” capability.

• Established a contract with an experienced professional organization to conduct the project and produce deliverables. These project activities included conducting on-site visits to assess and document practices; identifying critical issues; and developing a guidebook that takes into account the differences in small, medium, and large sized prosecutors’ offices.

• Developed and disseminated a survey of Missouri prosecutors to identify the issues and problems associated with prosecuting misdemeanor cases.

• Study states to identify the most efficient and effective case management procedures for traffic cases.