Prosecutorial Discretion – Power & Responsibility
An interview with Profs Bruce Green & Rebecca Roiphe
CLE Credit — Approved in 4 States
The power of prosecutors extends far beyond the courtroom, shaping the trajectory of countless lives through their decisions. Legal experts Bruce Green and Rebecca Roiphe delve into this immense authority in an insightful interview, exploring the nuances of prosecutorial discretion and its profound impact on the justice system. Their discussion sheds light on the ethical and constitutional standards that guide prosecutorial conduct, emphasizing the balance between power and responsibility.
From the initiation of charges to plea bargaining and grand jury proceedings, prosecutors wield significant influence in determining the outcomes of cases. Bruce and Rebecca dissect the factors that federal and state prosecutors consider when making these critical decisions, highlighting differences in conviction rates and the strategic choices that impact both defendants and the broader community. Through real-life examples and high-profile cases, they illustrate the complexities and ethical dilemmas faced by prosecutors in their pursuit of justice.
The conversation also touches on the crucial issue of disclosure obligations and the practice of overcharging. Bruce and Rebecca examine how the Brady Rule and ethical guidelines shape the transparency and fairness of prosecutorial actions. They discuss the potential for misuse of power through overcharging and the significant role of plea bargaining in the American legal system.
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.”
Professor Bruce Green is the Louis Stein Professor at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics. He is a former federal prosecutor in the Southern District of New York, where he served as Chief Appellate Attorney. Prior to that, he served as a law clerk to Supreme Court Justice Thurgood Marshall and Second Circuit Court Judge James L. Oakes. He is a council member and past chair of the ABA Criminal Justice Section, serves on the Multistate Professional Bar Examination drafting committee, and is a member and past chair of the NY State Bar Association's Committee on Professional Ethics. Professor Green is the author of many law review articles and books, and his latest, which he co-authored, isProfessional Responsibility: A Contemporary Approach.
Professor Rebecca Roiphe is a professor at New York Law School (NYLS) where she teaches courses on criminal procedure, ethics in criminal practice, and American legal history. Prior to joining the NYLS faculty, she taught for two years at Fordham Law. Professor Roiphe has had diverse experiences in both public and private sectors. After law school, she was a law clerk for First Circuit Court Judge Bruce Selya and served as a Golieb Fellow at New York University School of Law. She then worked as an associate at Wilmer, Cutler & Pickering LLP, specializing in white-collar criminal defense, while obtaining her Ph.D. in American history. She is also a former Assistant District Attorney in Manhattan where she prosecuted money laundering, securities fraud, and corporate crime.
