An indictment against federal prosecutors

November 23, 2009|Steve Weinberg

Boston lawyer Harvey A. Silverglate began outlining what became the book “Three Felonies a Day’’ 19 years ago, when he could no longer contain his anger at what he viewed as federal prosecutors abusing their power. Now that the book is complete, it will be interesting to watch whether a defense lawyer’s indictment of those he says sometimes file criminal charges against seemingly innocent women and men will alter the balance of power.

For those less well versed in American courts, one concept is vital to appreciate Silverglate’s outrage: The US criminal justice system is bipartite. Local prosecutors (usually called the “district attorney’’) enforce the laws passed by the state legislature at the county level.

The other prong of the criminal justice system is federal, presided over by a US attorney. That prosecutor is appointed by the president of the United States with input from the Justice Department, then confirmed by the Senate. The US attorney - at least one in each state - enforces federal laws, which cover different crimes than state laws. Federal laws are often more sweeping and less specific than state laws, giving US attorneys greater leverage against alleged criminals than district attorneys wield.

Silverglate’s outrage is primarily aimed at federal prosecutors, not local ones. (Disclosure: I am the author of a study documenting the mistakes of local prosecutors, mistakes that sometimes lead to wrongful convictions. My study excluded US attorneys because the rules are so divergent.)

Silverglate illustrates his indictment with specific court proceedings, some of them from Massachusetts (alleged political corruption during the Kevin White mayoral years and the indictment of former House of Representatives speaker Thomas Finneran, among others).