NCJ Number
80175
Date Published
1977
Length
184 pages
Annotation
Findings and recommendations are presented from an evaluation of the Special Prosecutor's Office of Philadelphia (OSP), which was established to investigate police and official corruption.
Abstract
During July, August, September, and October 1976, the evaluation staff analyzed virtually all the materials generated by the OSP's 2 1/2 year investigation. A number of serious weaknesses and deficiencies were found in the OSP; however, these were not the principal reasons for the OSP's failure. From the outset, there was no strong and effective support for the probe by the very officials who sponsored it: the Governor and Attorney General. Initially these officials were passive with respect to OSP's investigative purpose. Later, they became obstructive. They never provided the office with the symbolic and financial backing needed to create public confidence in the continuity of its investigations. Further, law enforcement agencies in Philadelphia either actively obstructed the OSP efforts or remained on the sidelines. Unjustified court delays created major obstacles to the investigations. Also, the unwillingness of certain judges to use their contempt powers properly made it impossible for the OSP to obtain essential testimony. The General Assembly refused to appropriate needed State funds on every occasion the Governor requested such appropriations. It is recommended that any temporary special prosecutor be authorized by statute to be a truly independent official and be appointed by the State Supreme Court. Further, it is recommended that judges exercise their contempt powers to require responsible answers to legitimate questions. The existing limitation on immunity based on type of offense should be repealed. Appended are the evaluation proposal and contract, example of court delays, a record of OSP prosecutions, and a list of relevant cases. (Author summary modified)