NCJ Number
16086
Journal
Journal of Criminal Law and Criminology Volume: 65 Issue: 2 Dated: (JUNE 1974) Pages: 135-156
Date Published
1974
Length
22 pages
Annotation
LEGAL AND PRACTICAL ISSUES WHICH SURROUND AN INVESTIGATION OF POLICE CORRUPTION, FOCUSING ON THE INVESTIGATIVE AND PROSECUTORIAL METHODS EMPLOYED TO MEET THE DEMANDS WHICH THESE INVESTIGATIONS HAVE IMPOSED.
Abstract
VARIOUS TYPES OF POLICE CORRUPTION, SUCH AS PAYOFFS TO POLICE BY INDIVIDUALS OR INTERNAL POLICE CORRUPTION ARE OUTLINED. ISSUES IN FEDERAL AUTHORITY FOR THE INVESTIGATION AND PROSECUTION OF POLICE CORRUPTION, SUCH AS THE USE OF THE HOBBS ACT WHICH PROHIBITS THE OBSTRUCTION OR DELAY OF COMMERCE BY ROBBERY OR EXTORTION, OR THE USE OF FEDERAL JURY STATUTES ARE REVIEWED. INCLUDED IN THE PROSECUTION TECHNIQUES ARE THE USE OF IMMUNITY AND THE BROAD POWERS OF THE GRAND JURY TO SUBPOENA WITNESSES OR TO COMMAND THE PRODUCTION OF BOOKS AND RECORDS. THE ROLE OF THE FEDERAL PROSECUTOR IN AN INVESTIGATION OF OFFICIAL CORRUPTION IS DESCRIBED, AND POSSIBLE CONFLICTS WITH LOCAL AUTHORITIES ARE DISCUSSED. TWO TYPES OF TRIALS FOR POLICE CORRUPTION ARE ALSO DEFINED. THE FIRST CONSISTS OF A SIMPLE PROSECUTION WHERE ONLY THE VICTIM'S TESTIMONY IMPLICATES THE DEFENDANT, WHILE THE SECOND TYPE INVOLVES AS WITNESSES NOT ONLY THOSE WHO PAID THE POLICE BUT ALSO ONE OR MORE POLICE ACCOMPLICES WHO ARE WILLING TO TESTIFY. POLITICAL IMPLICATIONS OF THESE PROSECUTION EFFORTS ARE DISCUSSED AS WELL. (AUTHOR ABSTRACT MODIFIED)