Prosecuting Political Defendants

Authors

• Anthony S. Barkow, New York University School of Law
• Beth George, New York University School of Law

Publication Date

2010

Abstract

Prosecutors are obligated to enforce the law without bias or prejudice. Prosecutors will face cases, however, where a prosecution has political overtones due to the substance of the underlying crime or the identity of the defendant. Maintaining public confidence in the impartiality of such prosecutions is vital to protecting the public's trust in the criminal justice system. This Article explores three recent federal cases where the defendant's identity added a political element to the prosecution. It then examines how the Department of Justice regulates prosecutors' release of information to the public, including its charging policy and its interactions with the media. The Article argues that current standards should be tightened because they leave open loopholes that could diminish the appearance of impartiality in prosecutions

Recommended Citation

Barkow, Anthony S. and George, Beth (2010) "Prosecuting Political Defendants," Georgia Law Review: Vol. 44: No. 4, Article 5.
Available at: https://digitalcommons.law.uga.edu/glr/vol44/iss4/5