NCJ Number
25796
Date Published
1972
Length
11 pages
Annotation
THE IDEAL OF LAW ENFORCEMENT IN WHICH EVERY LAW IS ENFORCED IMPARTIALLY IS IN CONTRAST TO THE CONCEPT OF A CODE OF PERSONAL HONOR ABOVE THE LAW.
Abstract
THE AUTHOR ASSERTS THAT WHILE WE PIOUSLY DENY THE EXISTENCE OF PERSONAL DISCRETION IN OUR LAW ENFORCEMENT MACHINERY, IT IS IMPOSSIBLE TO DO WITHOUT IT. EXAMPLES CITED TO BACK UP THIS ARGUMENT INCLUDE THE CASE OF AL CAPONE, WHO WAS PROSECUTED SUCCESSFULLY FOR INCOME TAX EVASION, WHEN IN REALITY THE PROSECUTION WAS CONCERNED WITH OTHER VIOLATIONS WHICH COULD NOT BE PROVED, AND THE PRESENCE OF PSYCHIATRISTS IN INSANITY DEFENSES, WHOM THE AUTHOR ASSERTS ARE THERE SOLELY TO INTRODUCE MITIGATING CIRCUMSTANCES AND ORDINARILY UNADMISSIBLE EVIDENCE INTO THE CASE. THE EXAMPLE OF POLITICIANS DRINKING IN PRIVATE, BUT VOTING FOR PROHIBITION IS ALSO USED.