The Federal Prosecutor - On the Power and Responsibilities of Federal District Attorneys

Oct 22, 2026

The Federal Prosecutor by Robert H. Jackson explains the extraordinary authority of a federal prosecutor over life, liberty, and reputation, and how that discretion can either serve justice or be corrupted by malice. It discusses safeguards for presidential appointment, the need for balanced centralized control and uniform policy, and the ethical duty to practice fair play and decency. The text also addresses political restrictions, impartial judgment, and the importance of professional reputation.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages3

Reading Time8 min

AccessFree to download

The Prosecutor’s Power

Discretion, indictments, and trials

Safeguards and Appointment

Confirmation by the Senate

Centralized Control vs. Local Judgment

Uniform policy and performance standards

Ethics and Professional Reputation

Justice, fair dealing, and accountability

Political Restrictions and Impartiality

Hatch Act and detached judgment

# The Federal Prosecutor BY ROBERT H.JACK8ON “The qualities of a good prosecutor are as elusive and as impossible to defineas those which mark a gentleman.And those who need to be told would notunderstand it anyway.” It would probably be within the range of thatexaggeration permitted in Washington to saythat assembled in this room is one of the mostpowerful peace-time forces known to our coun-try.The proseeutor has more control over life,liberty,and reputation than any other person inAmerica.His discretion is tremendous.Hecan have citizens investigated and,if he is thatkind of person,he can have this done to the tuneof public statements and veiled or unveiled in-timations.Or the prosecutor may choose amore subtle course and simply have a citizen'sfriends interviewed.The prosecutor can orderarrests,present cases to the grand jury in se-eret session,and on the basis of his one-sidedpresentation of the facts,can cause the citizento be indicted and held for trial.He may dis-miss the case before trial,in which case thedefense never has a chance to be heard.Or hemay go on with a public trial.If he obtainsa conviction,the prosecutor can still make rec-ommendations as to sentence,as to whetherthe prisoner should get probation or a sus-pended sentence,and after he is put away,asto whether he is a fit subject for parole.Whilethe prosecutor at his best is one of the mostbeneficent forces in our society,when he actsfrom malice or other base motives,he is one ofthe worst. These powers have been granted to our law-enforcement agencies because it seems necessarythat such a power to prosecute be lodged some-where.This authority has been granted bypeople who really wanted the right thing done一wanted crime eliminated—but also wanted thebest in our American traditions preserved. Because of this immense power to strike atcitizens,not with mere individual strength,butwith all the force of government itself,the postof federal district attorney from the very be-.ginning has been safeguarded by presidentialappointment,requiring confirmation of the sen- ate of the United States.You are thus requiredto win an expression of confdence in your char-acter by both the legislative and the executivebranches of the government before assumingthe responsibilities of a federal prosecutor. Your responsibility in your several districtsfor law enforcement and for its methods can-not be wholly surrendered to Washington,andought not to be assumed by a centralized de-partment of justice.It is an unusual and rareinstance in which the local district attorneyshould be superseded in the handling of litiga-tion,except where he requests help of Wash-ington.It is also clear that with his knowledgeof local sentiment and opinion,his contact withand intimate knowledge of the views of thecourt,and his acquaintance with the feelingsof the group from which jurors are drawn,itis an unusual case in which his judgmentshould be overruled. Experience,however,has demonstrated thatsome measure of centralized control is neceg-sary.In the absence of it different district at-torneys were striving for different interpreta-tions or applications of an act,or were pursuingdifferent conceptiong of policy.Also,to put itmildly,there were differences in the degree ofdiligence and zeal in different districts.Topromote uniformity of policy and action,toestablish some standards of performance,andto make available specialized help,some de-gree of centralized administration .was foundnecessary. Our problem,of course,is to balance theseopposing considerations.I desire to avoid anylessening of the prestige and influence of thedistrict attorneys in their districts.At thesame time we must proceed in all districts withthat uniformity of policy which is necessary tothe prestige of federal law. Nothing better can come out of this meet-ing of law enforcement officers than a rededi-cation to the spirit of fair play and decency thatshould animate the federal prosecutor.Yourpositions are of such

FAQs

What powers make the federal prosecutor especially influential?

The prosecutor controls investigations, decisions about arrests, grand jury presentations, indictments, and whether cases are dismissed or proceed to trial. After conviction, recommendations on sentencing and parole suitability can also follow.

Why is centralized administration sometimes necessary for federal prosecution?

Without some centralized control, different districts may interpret or apply the law differently, pursue inconsistent policies, and vary in diligence and zeal. Central administration aims to promote uniformity, standards of performance, and specialized support.

How should prosecutors balance vigor in enforcement with fairness?

The text emphasizes that diligence and strength can coexist with justice. Even when the government technically loses a case, justice is served if fair outcomes are reached.

Oct 22, 2026

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