Robert H Jackson: 'The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman,' The Federal Prosecutor - 1940 May 31, 2018 1 April 1940, Great Hall Department of Justice Building, Washington DC, USA 0000004587 00000 n <]/Prev 233561>> 0000011884 00000 n We must bear in mind that we are concerned only with the prosecution of acts which the congress has made federal offenses. • Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 0000001440 00000 n 24 J. Robert H. Jackson, The Federal Prosecutor (Address Delivered at the Second Annual Conference of United States Attorneys, Apr. . 0000001529 00000 n New York, NY: Oxford University Press, 1992. 0000014237 00000 n And those who need to be told would not understand it anyway. Of course, Robert H. Jackson was also a Supreme Court Justice. AM. 0 He is the only person in United States history to have held all three of those offices. Inst. Subscribe to our newsletter to stay up to date on happenings at the Robert H. Jackson Center. The federal government could not enforce one kind of law in one place and another kind elsewhere. 0000010447 00000 n From Wikisource. Jud. Some of our soundest constitutional doctrines were once punished as subversive. Those acts we should prosecute regardless of local sentiment, regardless of whether it exposes lax local enforcement, regardless of whether it makes or breaks local politicians. Am. See generally James Vorenberg, Decent Restraint of Prosecutorial Power, 94 HARV. The event, hosted by United States Attorney William J. Hochul Jr., will examine the continued relevance of Jackson’s 1940 speech, The Federal Prosecutor. 33 0 obj <> endobj It could hardly adopt strict standards for loose states or loose standards for strict states without doing violence to local sentiment. Professor Crane was the first American since Justice Robert H. Jackson and Telford Taylor at the Nuremberg trials in 1945, to serve as the Chief Prosecutor of an international war crimes tribunal. L. & C riminology 3 (1940). 0000001349 00000 n 6. Robert Houghwout Jackson ( February 13, 1892 – October 9, 1954) was United States Solicitor General (1938–1940), United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). 0000003119 00000 n ROBERT H. JACKSON both the term ... and to do so is a responsibility of the federal prosecutor. His discretion is tremendous….While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst. Robert H. Jackson, The Federal Prosecutor , 31 J. Justice Robert Jackson famously characterized the federal prosecutor as having “more control over life, liberty, and reputation than any other person in America.”1 Sixty years later, Judge Gerard Lynch raised the prosecutor’s standing when he remarked that federal prosecutors Particularly do we need to be dispassionate and courageous in those cases which deal with so called "subversive activities." Jump to navigation Jump to search. Robert H. Jackson: “The Federal Prosecutor” (1940) Commentary by Anthony Santoro, Heidelberg Center of American Studies Only by extreme care can we protect the spirit as well as the letter of our civil liberties, and to do so is a responsibility of the federal prosecutor. English: Delivered at the Second Annual Conference of United States Attorneys, in Washington D. C., April 1, 1940. 0000014408 00000 n Delivered at the Second Annual Conference of United States Attorneys, in Washington D. C., April 1, 1940. BY ROBERT H JACKSON. "THE FEDERAL PROSECUTORu An Address by ROBERT H. JACKSON, Attorney General of the' United states Delivered at The Second Annual Conference of United States Attorneys Great Hall Department of Justice Building Washington, D. C. April 1, 1940 10 A.M. For Release Afternoon Papers Monday, April 1, 1940 '# Then-Attorney General Jackson observed: If the Department of Justice were to make even a pretense of reaching every probable violation of federal law, ten times its present staff would be inadequate. L. & CRIMINOLO-GY 3, 3 (1940) (“The prosecutor has more control over life, liberty, and reputation than any other person in America. 1 See Robert H. Jackson, The Federal Prosecutor, 31 J. Robert H. Jackson quote: The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. AM. And those who need to be told would not understand it anyway.”. Attorneys (Apr. User Clip: Judge Garland Quotes Robert H. Jackson's "Federal Prosecutor" | C-SPAN.org. Robert H. Jackson, The Federal Prosecutor, 31 J. CRiM. 2. L. Calling ahead to schedule a tour is highly encouraged. h�b```"Y��%���a�s. L. 3 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940). 2477067 The Federal Prosecutor Robert H. Jackson … 3d ed. Just as there should be no permitting of local considerations to stop federal enforcement, so there should be no striving to enlarge our power over local affairs and no use of federal prosecutions to exert an indirect influence that would be unlawful if exerted directly. 0000014016 00000 n Another delicate task is to distinguish between the federal and the local in law-enforcement activities. But outside of federal law each locality has the right under our system of government to fix its own standards of law enforcement and of morals. Text of The Federal Prosecutor by Robert H. Jackson. , Robert H. Jackson, The Federal Prosecutor, 31 J. C. RIM. On April 1, 1940, Robert H. Jackson—age forty-eight, three months into his service as Attorney General of the United States—gave one of his most important, famous, enduring speeches: The Federal Prosecutor.1 He spoke on that Monday to the chief federal prosecutors of Those who are in office are apt to regard as "subversive" the activities of any of those who would bring about a change of administration. The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. Therein is the most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted sister projects: Wikidata item. Jackson on the Prosecutor’s Calling Adjust Share By Scott Horton, on September 9, 2007 If the prosecutor is obliged to ... —Robert H. Jackson, “The Federal Prosecutor,” speech delivered in Washington on April 1, 1940. 3, 5 (1940). L. 3 ... As then-Attorney General and later Supreme Court Justice Robert Jackson said: “While the prosecutor at his best is one of the most beneficent forces in our society, when he acts 0000000016 00000 n . Soc’y 18 (1940), 21 J. Crim. 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. His discretion is tremendous. In the enforcement of laws that protect our national integrity and existence, we should prosecute any and every act of violation, but only overt acts, not the expression of opinion, or activities such as the holding of meetings, petitioning of congress, or dissemination of news or opinions. 0000006003 00000 n 1. In spite of the temptation to divert our power to local conditions where they have become offensive to our sense of decency, the only long-term policy that will save federal justice from being discredited by entanglements with local politics is that it confine itself to strict and impartial enforcement of federal law, letting the chips fall in the community where they may. THE FEDERAL PROSECUTOR. 0000001048 00000 n And those who need to be told would not understand it anyway." the federal prosecutor Robert H. Jackson [2] 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. A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen's safety lies in the prosecutor who tempers zeal with human … 1 See Robert H. Jackson, The Federal Prosecutor, 24 J. More from Scott Horton Company Men L. & C. RIMINOLOGY. We must not forget that it was not so long ago that both the term "Republican" and the term "Democrat" were epithets with sinister meaning to denote persons of radical tendencies that were "subversive" of the order of things then dominant. “The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. 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. 0000016268 00000 n THE FEDERAL PROSECUTOR Robert H. Jackson2 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 coun-try. The same variation of attitudes towards other law-enforcement problems exists. 1, 1940), in 31 J. They are dangerous to civil liberty because the prosecutor has no definite standards to determine what constitutes a "subversive activity," such as we have for murder or larceny. 52 0 obj <>stream While the prosecutor at his best is one of the 351 (1990). His discretion is tremendous. Robert H. Jackson, The Federal Prosecutor, 24 J. Robert H. Jackson, Associate Supreme Court Justice from 1941 - 1954, and Chief United States Prosecutor at the Nuremberg trials, was an insightful, articulate, and honorable man. 0000000696 00000 n Address by Robert H. Jackson, Attorney General of the United States, at the Twentieth Anniversary Dinner of the Federal Bar Association, Mayflower Hotel, Washington, D.C. February 1, 1940, 12:00 a.m. INST. The Justice was vacationing on the ranch during the summer of 1954 and was writing to Mrs. Douglas regarding court matters to be tended to upon his return. %PDF-1.5 %���� The Robert H. Jackson Center will host a 75th Anniversary Program titled Attorney General Robert H. Jackson on The Federal Prosecutor at the Jackson Center on April 9, at 7 p.m. 0000013356 00000 n political, racial, religious, social, and economic groups, often from the best of motives, cry for the scalps of individuals or groups because they do not like their views. 0000000947 00000 n And the moral climate of the United States is as varied as its physical climate. trailer Jud. Address by Robert H. Jackson, Attorney General of the United States, at the Exercises Commemorative of the 150th Anniversary of the First Session of the Supreme … JUDICATURE SOC’Y 18, 19 (1940) (“If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. 1940), reprinted in 31 J. Jackson’s Jamestown. An icon used to represent a menu that can be toggled by interacting with this icon. xref A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen's safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility. L. & Criminology 3, 6 (1940). – Former U.S. Attorney General Robert Jackson 0000008932 00000 n L. & CIMINOLOGY 3, 6 (1940). The Robert H. Jackson Center envisions a global society where the universal principles of equality, fairness and justice prevail. . Am. . Handwritten letter from Justice Jackson to his secretary, Elsie Douglas, on Cochran-Odlum Ranch stationary. . The Federal Prosecutor BY ROBERT H. JACKSON* "The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. MARSHAL: May it please the Tribunal, the Defendant Hess is absent. startxref %%EOF CRIM. Robert Jackson was born in Spring Creek, Pennsylvania, on February 13, 1892, to William E. And Angelina Jackson. Soc’y 18 (1940), 31 J. Crim. Docent led tours available from 10:00am-2pm His essay "The Federal Prosecutor" is a timeless piece of judicial, political, and philosophical concepts. In his day Sir Knight Jackson served in a Presidential Cabinet, on the US Supreme Court, and perhaps most significant of all, as United States Chief Prosecutor of Nazi war criminals. 33 20 1521 (1981) (arguing for the principled exercise of prosecutorial discretion); see also Robert H. Jackson, The Federal Prosecutor, Address at the Second Annual Conference of U.S. It would probably be within the range of that exaggeration permitted in Washington to aay Am. The Federal Prosecutor (1940) by Robert H. Jackson. ISBN 0-19-506557-3. The prosecutor has more control over life, liberty, and reputation than any other person in America. C rim. Summation for the Prosecution by Justice Robert Jackson [July 26, 1946] THE PRESIDENT: I call on the chief prosecutor, the United States of America.. Another delicate task is to distinguish between the federal and the local in law-enforcement activities. 0000007494 00000 n 0000002990 00000 n DAVID HEILBRONER, ROUGH JUSTICE: DAYS AND NIGHTS OF A YOUNG D.A. The prosecutor has more control over life, liberty, and reputation than any other person in America. The federal prosecutor has now been prohibited from engaging in political activities. 3. The Robert H. Jackson Center envisions a global society where the universal principles of equality, fairness and justice prevail. CRIM. . AM. Attorney General of the United States (1940-1941), Tea Time with the Jackson Center: Equality Florida, Tea Time with the Jackson Center: New Economy Project, Tea Time with the Jackson Center: LGBTQ+ Equity, Tea Time with the Jackson Center: Her Justice, Tea Time with the Jackson Center with Audra Wilson, Tea Time with the Jackson Center: The Louisiana Bucket Brigade, Tea Time with the Jackson Center: Environmental Justice. He founded and advises Impunity Watch (www.impunitywatch.com), a law review … Mon-Fri: 8:30am - 4:30pm. And those who need to be told would not understand it anyway. SEYMOUR WISHMAN, CONFESSIONS OF A CRIMINAL LAWYER 14-15 (1981). Activities which seem benevolent and helpful to wage earners, persons on relief, or those who are disadvantaged in the struggle for existence may be regarded as "subversive" by those whose property interests might be burdened or affected thereby. 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