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Criminal Division
- The Criminal Division of the Department of Justice is
responsible for the prosecution of criminal cases. Its mission
is to represent the State in all criminal cases, and in so
doing safeguard the constitutional rights of defendants and
the human rights of victims and their families This
responsibility includes the preparation and presentation of
criminal cases before the Superior Court, the Court of Common
Pleas, Family Court, and in some matters before the Justice of
the Peace Courts. The Criminal Division also provides legal
assistance to other law enforcement agencies and maintains a
Victim/Witness
Assistance Program
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Units of
the Criminal Division
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APPEALS
CRIMINAL UNIT
The Appeals Unit of the
Criminal Division is responsible for the appellate
litigation of criminal cases pending in both state and
federal courts. Deputy Attorneys General of the Appeals
Unit serve as the chief courtroom lawyers for the State
before the state supreme court.
The Appeals Unit also screens cases so as to advise
which:
(1) the State should appeal from adverse lower-court
decisions;
(2) the State should join as amicus curiae as the State
may not be a party but important Delaware state
interests are at stake; and
(3) confession of judgment or confession of error are
appropriate as the State s prior official position in a
matter appears to be unviable or clearly unjust, even if
the State had been successful in the lower courts.
Lastly, the Unit provides regular guidance and research
assistance to trial attorneys in the Criminal Division
regarding complex legal issues in criminal matters. |
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CASE
PROCESSING UNIT
The Case Processing Unit
is responsible for case file management and case
tracking. The Unit maintains all criminal case files, so
as to provide quick access and sufficient data. The Case
Processing Unit is staffed entirely by support
personnel, and it is supervised by the head of the
Felony Screening Unit. |
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CHILD
PREDATOR UNIT
The first of its kind in Delaware, the Child Predator
Unit will employ dedicated investigative and
prosecutorial resources to identify, pursue, prosecute
and punish criminals who seek to prey on Delaware's
children. With specially trained and dedicated staff,
the Child Predator Unit will work collaboratively with
the Delaware State Police and other agencies in a
proactive effort to identify and track down predators
and pedophiles before they can harm our children. Read
more on the Child Predator Unit
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DRUG
UNIT
The
Drug Unit prosecutes drug offenses statewide, and is
also responsible for litigating the forfeiture of drug
money seized by the police. The Unit works closely with
law enforcement agencies during the investigative stage
to provide legal advice and assistance regarding
pre-arrest procedures as well as prosecutorial services.
Intake interviews are conducted by paralegals. |
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FELONY
SCREENING UNIT
The goal of the Felony Screening Unit is to screen and
process various felony cases prior to trial in Superior
Court. The unit is responsible for gathering information
from the investigating police agency and making an
initial determination as to whether the case should be
prosecuted, and, if so, on what charges. Where
appropriate, the Felony Screening Unit aims to resolve
these cases without a trial. The responsibilities of the
Felony Screening Unit also include the presentation of
cases to the Grand Jury, the litigation of cases at the
preliminary hearing stage, coordinating the extradition
of offenders from foreign states to Delaware and other
ancillary matters. |
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FELONY
TRIAL UNIT
The Trial Unit consists of experienced prosecutors who
handle serious felony cases. Paralegals assist the
Deputies by conducting intake interviews with arresting
police officers and prepare indictments for review and
approval by the prosecutor. Cases are assigned to a
trial attorney within five days after the arrest to
facilitate the prosecutorial process. Unit deputies are
thereafter responsible for prosecuting the unit's cases
from arraignment through sentencing. |
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MISDEMEANOR
TRIAL UNIT
The Misdemeanor Trial
Unit prosecutes misdemeanor criminal offenses and motor
vehicle
offenses in the Court of Common Pleas. The Unit has
recently begun a pilot project which provides
prosecutors to criminal cases heard in Justice of the
Peace Court 20. In Kent and Sussex Counties the Unit
also prosecutes crimes committed by juveniles in the
Family Court. |
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SEX
CRIMES UNIT
The Sex Crimes Unit Prosecutes all sex offenders. The
Sex Crimes Unit is comprised of Deputy Attorneys
General, social workers, paralegals, and administrative
assistants. The social workers participate in the
interviews with police officers and victims and act as
liaisons between victims and the Unit's prosecutors. The
social workers also assist victims in applying to VCAP
for compensation.
Cases are referred to our unit from various law
enforcement agencies. The law enforcement officer
conducts an intake with a Deputy Attorney General to
determine whether a case can be prosecuted and what
charges should be filed. The prosecutor reviews the case
in detail with the officer and may request follow up
investigation. If a decision to arrest and indict a case
is made, the deputy and social worker will discuss the
case with the victim prior to the case coming to court.
Occasionally, the prosecutor will want to meet with the
victim prior to arrest to discuss issues with respect to
the prosecution of a case.
If a case goes to trial, the prosecutor and social
worker will meet with the victim prior to trial to
prepare the victim for testimony in a courtroom. During
trial, a social worker will be available to answer
questions and guide the victim through this process. At
the conclusion of the trial, if there is a verdict of
guilty, the prosecutor and the social worker will
explain the sentencing process. After sentencing, the
social worker/prosecutor will ensure that the victim is
kept apprized of the status of the case until the
sentence has concluded. At this stage, the victim will
be informed of any appeals, violations of probation, and
release from incarceration to the extent our unit is
informed of these events.
The unit also attends forensic interviews conducted by
the Children's Advocacy Center. A prosecutor and social
worker participate as team members with the Division of
Family Services and law enforcement to evaluate a case
brought into the CAC and determine if the case can be
prosecuted. The CAC has been extremely valuable in
limiting the number of interviews of a child victim and
in preserving a disclosure of sexual abuse on videotape
as evidence to use at trial, if necessary. The CAC
process also ensures that a child will have a detailed
physical examination, if necessary by a medical doctor
who qualifies as an expert witness in child sexual
abuse.
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VICTIM
WITNESS UNIT
The Victim/Witness
Unit is a state-wide unit which provides
assistance to the victims of crimes and their families. Assistance
with the criminal justice process is also provided to
witnesses. The unit is staffed by social
workers and clerical employees. The Victim/Witness Unit
assists victims and witnesses by such means as
counseling, referral for medical and/or psychological
treatment, encouragement, transportation, and other
services as needed. The Unit also assists in the
vital process of ensuring that victims and witnesses are
notified all scheduled events relating to the
prosecution of a criminal case. |
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