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Proactive Prevention Requires Prosecutorial Partnership

  • Writer: Michael Burgess
    Michael Burgess
  • 37 minutes ago
  • 5 min read

In many conversations about crime prevention, prosecutors are viewed primarily as the next step in the criminal justice process — the place cases go after arrests are made and investigations are complete.

From a proactive crime-prevention perspective, that framing overlooks something critical.

If prevention is about deterring harm, reducing repeat victimization, and disrupting escalation before it occurs, then prosecutors are not just downstream decision-makers. They are essential partners — particularly when they are engaged early and intentionally.


Proactive prevention does not stop at prosecution.

In many cases, it starts well before charges are ever filed.

 


Prevention Is About Outcomes, Not Just Activity

Law enforcement and prosecutors alike experience this reality every day.

Significant effort can go into enforcement activity, yet the same individuals, locations, and behaviors continue to cycle through the system. That is rarely a failure of effort. More often, it reflects misalignment across stages of the process.

 

From an evidence-based and problem-oriented perspective, prevention is measured by outcomes:

  • Did behavior change?

  • Did violence or victimization stop?

  • Did accountability reduce future risk?

  • Did the response disrupt patterns instead of reinforcing them?

 

Prosecutors play a central role in shaping those outcomes — not only through charging decisions, but through timing, alignment, consistency, and credibility.

That influence is strongest before a case reaches a charging decision.

 

 

Early Prosecutorial Engagement Strengthens Prevention

One of the most effective — and often underutilized — prevention strategies is early collaboration between law enforcement and prosecutors during the investigation phase.

This does not mean directing investigations or blurring roles.

It means aligning expectations early so cases are built intentionally rather than reactively.

 

Early engagement helps clarify:

  • Charging thresholds and legal considerations.

  • Evidentiary priorities that preserve options.

  • Strategies for repeat or high-risk offenders.

  • How early investigative decisions affect accountability later.

 

Asking the right questions early matters:

  • What evidence is most critical in the first 24–48 hours?

  • What documentation preserves prosecutorial options if circumstances change?

  • How can cases be built to withstand witness reluctance or disengagement?

 

This alignment strengthens legal integrity and prevention impact.

 

 

High-Risk Cases Illustrate the Value of Early Alignment

Certain cases carry elevated risk long before serious harm occurs. These are not limited to any one crime type.

 

High-risk situations often involve:

  • Repeat offenders.

  • Escalating patterns of behavior.

  • Intimidation or witness reluctance.

  • Group dynamics or firearms.

  • Complex evidentiary challenges.

 

In these situations, early coordination allows prosecutors and investigators to align on:

  • Evidence development that anticipates future challenges.

  • Documentation that supports accountability even if cooperation changes.

  • Strategies that reduce escalation rather than simply respond to it.

 

This is not about charging more aggressively.

It is about building cases that support prevention, credibility, and long-term safety.

 

 

Prosecutors as Partners in Focused Deterrence and Group-Based Strategies

Focused deterrence and group-based strategies depend on credibility and consistency across the system.

 

Prosecutorial partnership is essential to:

  • Defining lawful, proportionate consequences.

  • Aligning enforcement with deterrence goals.

  • Ensuring messaging is clear and defensible.

  • Preventing overreach or underreach.

 

Follow-Through Is the Deterrent

An often overlooked but essential component of focused deterrence is follow-through.

These strategies depend on credibility. When individuals are notified of clear expectations and consequences — and those consequences are applied consistently when unlawful behavior continues — the deterrent effect extends beyond the individual case.

Prosecutorial follow-through reinforces that prevention messaging is real, predictable, and not symbolic. When consequences occur as communicated, it strengthens system legitimacy and sends a clear signal to others who are watching.

When follow-through does not occur, deterrence weakens — not because the strategy is flawed, but because credibility erodes.

Consistent, lawful follow-through is not punitive for its own sake.It is what transforms focused deterrence from a conversation into a prevention strategy that others take seriously.

 

 

Credibility, Trust, and the Importance of Working as One Team

Credibility is one of the most powerful — and fragile — elements of proactive crime prevention.

For law enforcement, prosecutorial credibility is often shaped by whether cases move forward as communicated. When expected outcomes occur, confidence grows. When they do not, frustration builds — especially when officers do not understand why.

At the same time, prosecutors often review cases and see challenges officers may not fully recognize — evidentiary gaps, legal thresholds, or documentation issues that affect the ability to prosecute successfully.

When those realities are not clearly communicated, outcomes can feel confusing or dismissive to officers who invested time and effort into the case.

 

This disconnect harms relationships — and those relationships matter.

 

Proactive prevention depends on law enforcement and prosecutors seeing each other as partners, not opposing sides of the system. When communication only happens at the end of a case, misunderstandings are almost guaranteed. When collaboration happens early and often, expectations align and outcomes improve.

 

Prevention partnerships work best when communication is routine and proactive — not limited to case review after decisions are made.

 

There should not be “sides.”

Everyone is on the same team, working toward the same goal: reducing harm and preventing future crime.

 

Open dialogue is essential:

  • Why certain cases move forward — or don’t.

  • What evidence is most critical early.

  • How investigative work can better support prosecution.

  • How strategies align with deterrence goals.

 

When these conversations happen proactively — not reactively — credibility strengthens on both sides.

 

That credibility does not just affect internal relationships. It affects deterrence on the street.

 

When people see law enforcement and prosecutors working together — communicating consistently, following through, and reinforcing accountability — it sends a powerful signal. Prevention is real. Consequences are real. Boundaries are enforced.

 

That visibility alone can deter behavior.

 

 

Prosecutors Expand the Prevention Toolbox

Prosecutorial partnership also expands the range of prevention tools available beyond arrest and incarceration.

 

Depending on jurisdiction and case context, this may include:

  • Diversion pathways.

  • Conditional resolutions tied to behavior change.

  • Abatement or civil remedies.

  • Problem-solving court options.

  • Structured accountability that reduces repeat offending.

 

Used appropriately, these tools address risk earlier and more sustainably.

 

This is not leniency.

It is strategic use of legal authority to reduce future harm.

 

 

Coordination Is Prevention Infrastructure

Effective prevention requires coordination across roles — not just cooperation after the fact.

 

When patrol, investigators, analysts, prosecutors, victim services, supervision, outreach partners, and neighboring jurisdictions align early:

  • Cases are stronger.

  • Expectations are clearer.

  • Outcomes are more consistent.

  • Frustration decreases across the system

 

Law enforcement often initiates this coordination, but prevention succeeds when prosecutors are fully integrated as partners — not simply recipients of completed cases.

 

 

The Shared Benefit

Early prosecutorial partnership benefits the entire system:

  • Fewer weak or collapsed cases.

  • Greater consistency in outcomes.

  • Clearer deterrent signals.

  • More effective use of limited resources.

  • Less frustration for professionals at every stage.

 

Most importantly, it increases the likelihood that enforcement activity translates into real prevention.

 

 

Prevention Starts Before Charges Are Filed

Proactive crime prevention is not owned by any single role.

 

It is a shared responsibility — and prosecutors are a critical part of that ecosystem.

 

When prosecutors are engaged early as partners in prevention — not just as the next step in the process — outcomes improve for communities, victims, and the professionals doing the work.

 

Because proactive prevention requires prosecutorial partnership.

And in many cases, it starts long before charges are filed.

 

 

 

For more PPS Reflections and blog posts, visit: www.proactivepreventionstrategiesllc.com/blog



 
 
 

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