Robert H. Jackson

Robert H. Jackson

The Federal Prosecutor

On Monday morning, April 1, 1940, Attorney General Jackson gave the following speech to the United States Attorneys who then were serving in each Federal Judicial District across the country. These prosecutors were assembled in the Great Hall at the United States Department of Justice in Washington, D.C., for the Second Annual Conference of United States Attorneys.

In the speech, Jackson, who had been Attorney General for only three months, offered his views on what constituted proper, ethical conduct by federal prosecutors.

These remarks subsequently were published in 31 Journal of Criminal Law & Criminology 3-6 (1940) and 24 Journal of the American Judicature Society 18 (1940).

Prosecutors need to be reminded of these thoughts daily, so we quote him below.

The Federal Prosecutor

By Robert H. Jackson
Attorney General of the United States
April 1, 1940

“It would probably be within the range of that exaggeration permitted in Washington to say that assembled in this room is one of the most powerful peace-time forces known to our country. The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.

He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen’s friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. Click here to read more »