The Sad Truth About A Few Government Prosecutors

I will never forget a fellow federal prosecutor's observation that he liked to hang around the courtroom, near defendant's families, after guilty verdicts and "draw warmth from their suffering." Doesn't that sound awful?! Now, this particular prosecutor meant his observation only as a joke. But let me tell you, after working around hundreds of prosecutors, both state and federal, for over 27 years, I have known some prosecutors who probably feel that way. In other words, they seem to relish the infliction of pain on defendants and their families!

Put another way, some prosecutors don't really care if they make mistakes and hurt innocent people and their families. Others are simply interested in putting another notch in their career holsters.

Now, don't get me wrong! Most prosecutors that I have worked with, in both state and federal courts, are good, decent public servants. They genuinely try to do the right thing. And they care about the impact of their prosecutorial decisions.

But my point is that there are some--at least a few--prosecutors who don't belong in such positions, because they lack good judgment and human decency. As a result, if you or your loved ones ever face criminal charges, even if you are innocent, it is imperative that you find a good, experienced criminal lawyer in your community to defend you. You should not simply assume that, just because you are innocent, the prosecutor will "do the right thing" and let you go!

And you surely don't want some over-zealous prosecutor hanging around the courtroom, after your wrongful conviction, and drawing warmth from your family's suffering!

Bernie Madoff and The "Corporate Perp Walk"

By now, we have all seen photographs in the news of Bernard "Bernie" Madoff, the convicted swindler and ponzi scheme perpetrator who ripped off billions of dollars from investors and is now serving a 150 year prison sentence. In my opinion, his crimes are deplorable and he is despicable. But what did you think about the staged photographs taken of Madoff, shortly after his arrest, while he was in handcuffs? Was this practice proper? In the criminal justice lexicon, this staged practice involving government agents parading an arrested white collar criminal (or perpetrator) before news media photographers is known as the "corporate perp walk." The apparent goals include fostering a public image of guilt for a prominent public figure and perhaps whetting the public's appetite for a guilty verdict. As a former federal prosecutor, even as to those, like Madoff, accused of heinous crimes, I did not believe in allowing government agents to conduct a "perp walk." I believe that, if they are guilty, then you should prove it inside the courtroom, not outside the courthouse. I once recall a situation in which agents, intent on getting their news headlines and "perp walks," raided a small town bank in south Georgia, while armed and wearing raid jackets. The agents must have resembled storm troopers. The incident terrified innocent bank customers and bystanders, along with the arrested bank officials. It was a disaster! And it was unethical and perhaps unconstitutional, in my opinion, to stage such a "perp walk." As to Madoff, while we all are disgusted with his crimes, and while we may believe 150 years may be too lenient, we still can believe the government should go about its job in a professional manner. And, in my opinion, that means dispensing with the "perp walks."