NCJ Number
62396
Date Published
1978
Length
27 pages
Annotation
REFLECTIONS UPON 'WATERGATE' ARE USED TO EXAMINE THE STRUCTURE AND PROCESSES FOR ASSURING INTEGRITY IN GOVERNMENT LITIGATIONS IN ENGLAND IN THE FACE OF EXECUTIVE POLITICAL INTERESTS.
Abstract
'WATERGATE' INVESTIGATIONS EXPOSED THE MACHINATIONS OF A U.S. GOVERNMENT EXECUTIVE'S EFFORTS TO USE THE U.S. JUSTICE DEPARTMENT FOR POLITICAL PURPOSES. THESE REVELATIONS REINFORCE THE IMPORTANCE OF ADOPTING STRUCTURES AND POLICIES WITHIN THE EXECUTIVE BRANCH OF GOVERNMENT THAT CAN MAKE GOVERNMENT CRIMINAL PROSECUTIONS IMMUNE FROM POLITICAL TINKERING, WHICH REQUIRES THAT THE LAW DEFINE THE NATURE OF POLITICAL INFLUENCE ON THE LEGAL PROCESS. INAPPROPRIATE POLITICAL FACTORS INVOLVED IN THE LEGAL DECISIONS OF THE BRITISH ATTORNEY GENERAL OR DIRECTOR OF PUBLIC PROSECUTIONS SHOULD INCLUDE ANYTHING PERTAINING TO PERSONAL ADVANCEMENT, PROTECTION OR SYMPATHY TOWARD A POLITICAL COLLEAGUE OR SUPPORTER, AND CONSIDERATION OF THE POLITICAL FORTUNES OF THE PARTY IN POWER. THIS DOES NOT MEAN, HOWEVER, THAT POLITICAL CONSIDERATIONS INVOLVING THE PUBLIC INTEREST SHOULD NOT BE INVOLVED IN THE USE OF GOVERNMENT PROSECUTORIAL DISCRETION; I.E., THE MAINTENANCE OF HARMONIOUS INTERNATIONAL RELATIONS, THE REDUCTION OF STRIFE BETWEEN ETHNIC GROUPS, THE MAINTENANCE OF INDUSTRIAL PEACE, AND THE INTERESTS OF THE PUBLIC AT LARGE WITHOUT REFERENCE TO PARTY AFFILIATION. THE LEGISLATIVE BRANCH OF GOVERNMENT SHOULD HAVE THE POWER TO REVIEW PROSECUTORIAL DECISIONS OF THE EXECUTIVE BRANCH TO DETERMINE THE APPROPRIATENESS OF POLITICAL INFLUENCES INVOLVED IN A GIVEN CASE. TO ASSURE PROSECUTORIAL INTEGRITY, SEPARATION MUST ALSO BE MAINTAINED BETWEEN THE FUNCTIONS OF GOVERNMENT LAW ENFORCEMENT INVESTIGATING AND DECISIONMAKING ABOUT THE INITIATION OF CRIMINAL PROSECUTIONS. FOOTNOTES ARE PROVIDED. (RCB)