Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-06-08
CRIME STUDY RAPS
u. S. PROSECUTORS
Third WickerSham Report
Calls Political Influence in
! Selections Menace.
BY the Associated Press.

BY the Associated Press.
The political influence welded by the
Senate in the appointment Of Federal
district attorneys was termed "a serious
menace to the enforcement of law IN
the third report of the National Law
Enforcement Commission.
The report was submitted to Presi-
dent Hoover and made public last night
through the White House. 1t urged
the elimination of political consdera-
tionS in the selection and appointment
of district attorneys
The great powers of the district at
torney under the continual extensions
of Federal jurisdiction in the present
century" the report said. ARE giving
increasing political Importance to the
Office. Treatment of it as a reward for
political activity is serious menace TO
enforcement of law"
Politics Blamed for Crime.
The report declared the claim of the
Senate mot merely to exercise COL
lective power OF rejecting unfit nomi-
nations but 10 dictate appointments AS
the patronage of Senators of the State
in which the district lies, has often had
a bad effect upon the personnel and
conduct of the office"
In Stats where the Senators are in
opposition to the administration, the
commission said. lit happens too often
that political organizations insist on
treating the Office as political patronage,
and thus deprive the President of the
information and support he should
have in order to make suitable APP
pointmentS."
The commission said that Federal.
State and local prosecutors were more
responsible for the increase of crime
than the failure OF juries to convict.
Crowded dockets, 1t said, resulted in
prosecuting attorneys dismisSing charges
through the power of nolle proSequi
thereby making them and not the judges
the real arbiters of what laws shall be
enforced and against whom"
Grand Juries Scored.
"Habitual defenders OF criminals, -
: the report continued. have learned to
take advantage of this power. Where
exercised by assistants under no re-
sponsible organization. it lends itself to
the quiet choking off of prosecutions
under political influence.
1t is an anomaly that the powers
and discretion of the judge, with re-
Spect to the small percentage of prose-
Cutions which ever come before him,
SnOulQ Dc SO thoroughly neQBSl ABOUT
with restrictions, while this power and
discretion of the prosecuting attorney
with respect TO disposition of the great
majority OF initiated prosecutions
should remain so absolute"
The grand jury system was branded
as uneconomical. The report recon-
mended its abolition except las a gen.
eral investigating body for inquiring
into the conduct of public officers and
in case of large conSpiracies. The
system, it added. placed a drain on
busy men. and by requiring witnesses
at two preliminary hearings discouraged
them. This often resulted in no prose-
cution, the report explained.
Third Degree" Raped.
"Thir degree" practices by police
and prosecutors were dlSapproved I'm
der the present system. the commission
declared, extra legal examinations were
made of suspected persons unadvised as
to their rights A legal examination
before a magistrate was proposed In
order that prosecutions as we'll as suS-
poets may have protection.
The Wickersham group recommended
better provision for the selection and
tenure of prosecutors in the States,
and an organization of the legal pro-
feSsion in each State to insure compe-
tency, character and discipline among
those engaged in the criminal courts.