NCJ Number
47196
Journal
Georgetown Law Journal Volume: 65 Issue: 5 Dated: (JUNE 1977) Pages: 1171-1228
Date Published
1977
Length
58 pages
Annotation
THE MANNER IN WHICH FEDERAL PROSECUTORS MAKE LAW ENFORCEMENT POLICY IS EXPLORED THROUGH AN EXAMINATION OF THE FEDERAL EFFORT IN PROSECUTING LOCAL OFFICIALS FOR ACTS OF PUBLIC CORRUPTION.
Abstract
JUDICIAL INTERPRETATIONS OF THE HOBBS ACT, THE PRINCIPAL VEHICLE FOR RECENT FEDERAL PROSECUTION OF LOCAL CORRUPTION OF PUBLIC OFFICIALS, ARE ANALYZED. THE DECISIONMAKING PROCESS WITHIN THE U.S. DEPARTMENT OF JUSTICE WITH REGARD TO CORRUPTION PROSECUTION IS DISCUSSED. A REVIEW IS UNDERTAKEN OF LEGISLATIVE EFFORTS TO ADDRESS THE PROBLEM OF PROSECUTORIAL DISCRETION. THE EXPANSION OF FEDERAL JURISDICTON OVER LOCAL CORRUPTION IS EXAMINED; THE HISTORY OF PUBLIC CORRUPTION AS A COMMON LAW OFFENSE IS DISCUSSED, AND THE NATURE OF THE FEDERAL OFFENSE BOTH BEFORE AND AFTER THE CASE OF THE U.S. V. KENNY IS REVIEWED. TRENDS IN HOBBS ACT PROSECUTIONS ARE NOTED. THE DEVELOPMENT OF FEDERAL LAW ENFORCEMENT POLICY IS EXAMINED WITH REGARD TO HOW DECISIONS TO PROSECUTE ARE MADE. EXAMPLES OF LOCAL CORRUPTION CASES ARE CITED, AND THE NATURE OF CORRUPTION WITHIN THE VARIOUS LEVELS OF PUBLIC SERVICE -- THE EXECUTIVE AND JUDICIAL LEVELS, THE POLICE AND OTHER LAW ENFORCEMENT AGENCIES -- IS OVERVIEWED. THE FEDERAL PROSECUTORIAL POLICY IS DISCUSSED IN TERMS OF ITS PRESENT APPLICATION. ATTEMPTS TO REFORM FEDERAL CRIMINAL LAWS REGARDING FEDERAL JURISDICTION OVER INCIDENTS OF LOCAL POLITICAL CORRUPTION ARE REVIEWED. GUIDELINES ARE SUGGESTED FOR RESOLVING POTENTIAL STATE-FEDERAL CONFLICTS. IT IS CONCLUDED THAT WHILE THE DECISION TO PROSECUTE PROPERLY REMAINS AN EXECUTIVE FUNCTION IN CASES INVOLVING FEDERAL INTEREST, THE PROSECUTOR SHOULD BE CAREFUL NOT TO ASSUME A LEGISLATIVE ROLE. RELEVANT CASES ARE REFERENCED THROUGHOUT THE TEXT.