NCJ Number
37527
Journal
Maryland Law Review Volume: 36 Issue: 1 Dated: (1976) Pages: 5-34
Date Published
1976
Length
30 pages
Annotation
DESPITE THE PROSECUTOR'S EXTRAORDINARY INVESTIGATIVE AND DISCRETIONARY POWERS, DIFFICULT QUESTIONS OF ETHICS AND EQUITABLE TREATMENT FACED IN POLITICAL CORRUPTION CASES ARE SELDOM RESOLVED BY ANY GENERAL RULES OF CONDUCT.
Abstract
A FEW OF THE MORE SIGNIFICANT PRACTICAL PROBLEMS OF PROSECUTING PUBLIC CORRUPTION CASES DISCUSSED ARE MEDIA LEAKS OF INSIDE INFORMATION ABOUT AN INVESTIGATION; PERSUASION OF WITNESSES WHO MAY BE CRIMINALLY INVOLVED TO COOPERATE IN THE INVESTIGATION; AND LEGAL REQUIREMENTS RELATING TO PRETRIAL DISCOVERY. THE INHERENT CREDIBILITY PROBLEM INVOLVED IN USING INSIDER-WITNESSES AND THE EFFECT OF WIDESPREAD PRETRIAL PUBLICITY ARE ALSO NOTED. MAJOR ETHICAL ISSUES CONNECTED TO SPECIFIC PROSECUTORIAL FUNCTIONS ARE ALSO CONSIDERED. THESE INCLUDE THE NEED TO BUILD MORE THAN CUSTOMARY CONSTITUTIONAL SAFEGUARDS INTO THE INVESTIGATORY AND CHARGING PROCESSES; THE QUESTION OF WHETHER THERE ARE ANY CIRCUMSTANCES WHEN A PROSECUTOR SHOULD ALSO BE ALLOWED TO MAKE COMMENTS TO THE MEDIA ABOUT HIS INVESTIGATION; PLEA BARGAINING; AND PREPARATION OF A GOVERNMENT WITNESS FOR TRIAL. THE PROBLEMS PRESENTED BY EACH OF THESE ISSUES ARE ILLUSTRATED USING THE WATERGATE COVER-UP INVESTIGATION AS THE EXAMPLE.