Prosecutorial Discretion – Police Killings and Sexual Abuse
39 min
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Prosecutorial Discretion – Police Killings and Sexual Abuse

An interview with Profs Bruce Green & Rebecca Roiphe

CLE Credit
AZ ›· Professional Responsibility
0.5 cr
CA ›· Legal Ethics
0.75 cr
CT ›· Ethics and Professionalism
0.5 cr
IL ›· Professional Responsibility
0.5 cr
NY ›· Ethics and Professionalism
0.5 cr

Prosecutors have the power to make decisions that have a deep impact on the lives of arrestees and defendants. This power arises, in large part, from the enormous discretion they exercise over decisions like whether to initiate charges and which charges to bring, whether to offer plea bargains and under what terms, what sentences to seek, and how to present and try a case. Public attention has focused on prosecutors’ discretion in recent years, as their conduct is increasingly scrutinized in high-profile cases involving civilian deaths in police shootings and sexual assault by wealthy, powerful men. Professors Bruce Green and Rebecca Roiphe, both former prosecutors, discuss through the lens of recent controversial cases the ethical and legal standards governing prosecutorial conduct and why prosecutorial discretion is not a black-and-white matter.

About Profs Bruce Green & Rebecca Roiphe

“It's impossible not to feel the power to act as a prosecutor. It's such a huge responsibility.”
Bruce A. Green is the Louis Stein Chair of Law at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics. A leading scholar of legal ethics and criminal law, he is co-author of the casebook Professional Responsibility: A Contemporary Approach and received the ABA's Michael Franck Professional Responsibility Award in 2018. He previously served as an Assistant U.S. Attorney and Chief Appellate Attorney in the Southern District of New York and clerked for Justice Thurgood Marshall of the U.S. Supreme Court and Judge James L. Oakes of the Second Circuit, and he has held leadership roles in the ABA Criminal Justice Section and on the professional ethics committees of the ABA and the New York State Bar Association. Rebecca Roiphe is the Joseph Solomon Distinguished Professor of Law at New York Law School, where she teaches professional responsibility, criminal procedure, ethics in criminal practice, and American legal history, and writes on prosecutorial ethics and the relationship between the President and the Department of Justice. A former Assistant District Attorney in Manhattan, where she prosecuted white-collar crime, she clerked for Judge Bruce M. Selya of the First Circuit and practiced white-collar defense at Wilmer, Cutler & Pickering. She appears regularly as a legal analyst on CBS News, and City & State named her a 2024 Trailblazer in Law. She holds a J.D. from Harvard Law School and a Ph.D. in American history from the University of Chicago.