There is a most important reason why the prosecutor should have, as nearly as possible, a detached and impartial view of all groups in his community. Law enforcement is not automatic. It isn't blind. One of the greatest difficulties of the position of prosecutor is that he must pick his cases, because no prosecutor can even investigate all of the eases in which he receives complaints. If the department of justice were to make even a pretense of reaching every probable violation of federal law, ten times its present staff would be inadequate. We know that no local police force can strictly enforce the traffic laws, or it would arrest half the driving population on any given morning, [sic!] What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain.

If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm-in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself.

our representation of the standard criminal might be based on the properties of those less intelligent ones who were caught.

Criminology, the study of crime and its causes, has a fundamental weak spot: it studies that proportion of the criminal population who are stupid or unlucky enough to get caught. The perfect criminal, should he or she exist, would be the one who is never apprehended—indeed, the one whose crimes may be huge but unnoticed, or indeed miscategorized as not crimes at all because they are so powerful they sway the law in their favor, or so clever they discover an immoral opportunity for criminal enterprise before the legislators notice it. Such forms of criminality may be indistinguishable, at a distance, from lawful business; the criminal a paragon of upper-class virtue, a face-man for Forbes.

Abnormal professions attract two classes: those who are not good enough for ordinary bourgeois life and those who are too good for it. We are dregs and scum, sir: the dregs very filthy, the scum very superior.

So who are the bulk of our clients in these sorts of cases? Is it the working class? No! It's classless hoodlums. Classless hoodlums, either from the dregs of the society, or from the remains of the exploiters' class. They have no place to go. So they take to -- pederasty. Together with them, next to them, under this excuse, in stinky secretive bordellos another kind of activity takes place as well -- counter-revolutionary work.

You take somebody on a golf course and their character defects and shortcomings come out. That’s how I picked my manager, my accountant, and my lawyer. You get someone who hits a bad shot and who goes crazy, and throws the club, you want him working for you? You want him to represent you? You get someone who hits a bad shot and who goes “how can I correct that? Do you have any ideas?” That’s the guy I hire. But also, I work all the time. I don’t take big vacations. Sometimes, a golf game is the only thing I get.

How did they pick John Doe?

We define people as criminals when they suffer from psychological aberrations of an antisocial character, usually paranoid—excessive egoism, disregard for the rights of others, inability to recognize the social necessity for mutual cooperation and confidence.

We didn’t assemble a mafia by sorting through résumés and simply hiring the most talented people. I had seen the mixed results of that approach firsthand when I worked at a New York law firm. The lawyers I worked with ran a valuable business, and they were impressive individuals one by one. But the relationships between them were oddly thin.

As I sat alone in my new office, I recalled a time, as a young prosecutor, when I overheard some of my colleagues in the hallway. “Should we add the gang enhancement?” one of them asked. “Can we show he was in a gang?” the other said. “Come on, you saw what he was wearing, you saw which corner they picked him up on. Guy’s got the tape of that rapper, what’s his name?” I stepped out into the hallway. “Hey, guys, just so you know: I have family that live in that neighborhood. I’ve got friends who dress in that style. And I’ve got a tape of that rapper in my car right now.

The great joy of being a prosecutor is that you don’t take whatever case walks in the door. You evaluate the case, you make your best judgement, you only go forward if you believe that the defendant is guilty. You may well be wrong, but you have done your best to ensure that as far as the evidence that you are able to attain, the person is guilty. It is the kind of even-handed balancing that a judge should undertake although of course a judge has the advantage of having somebody speak for the other side.

Criminals/sinners-from the Black Panthers to FBI chiefs and White House Officials-appear on the scene, make their play, and get dragged off stage, but the lawyers remain, administrating and profiting from the action and booking the next show.

A jury consists of twelve persons chosen to decide who has the better lawyer.