Swingle delivers legal lessons at Southeast

Cape Girardeau County prosecutor and local author Morley Swingle isn't above plagiarism. In fact, he recommends it.

During a presentation Monday on the role of the prosecuting attorney in America, Swingle gave tips and anecdotes on being an effective prosecutor or attorney. One of those suggestions included taking what others have said before you and using it as your own.

"Look for things in literature and in prior closing arguments that will help you say the very best things while in court," he said. "You should steal what worked for them."

Of course, Swingle added, this should only apply for attorneys and not writers.

His presentation was sponsored by his office and Southeast Missouri State University's Criminal Justice Department.

Throughout the two-hour presentation, Swingle took his own advice by quoting and referring to prominent prosecutors and judges to deliver his message.

"The prosecutor has more control over life, liberty and reputation than any other person in America," Swingle said, quoting former U.S. Attorney General Robert H. Jackson, who was a prosecutor during the Nuremberg War Trials.

Such power of a prosecutor, which Swingle described as being able to "destroy another human being," requires great responsibility.

Ensuring justice

Part of that responsibility is in ensuring justice is done, even at the cost of a conviction.

Swingle reflected on a case several years ago when a man on probation for driving while intoxicated violated his probation by committing burglary and theft.

The man was assigned to work at a humane society where he helped euthanize dogs. At the end of his first day, the man, a dog lover, had a beer, Swingle said. And then another beer and another beer.

After some thinking the man decided to break into the humane society, let all the dogs free, and took a pit bull home as a pet. Police linked the man to the crime and asked Swingle to charge him with felony burglary and felony theft.

When considering the circumstances of a dog lover forced to help in the killing of dogs, Swingle opted to instead to file for probation violation. The man's probation was extended, and his community service was switched elsewhere.

"There was a way to get justice there without filing a charge," he said.

Swingle touched on several other topics, including discovery, the importance of research and a prosecutor's immunity.

About 30 people attended the event held on the SEMO campus, including private attorneys, assistant public defenders and assistant prosecutors from the area.

kmorrison@semissourian.com

335-6611, extension 127