Prosecutorial Discretion – Power & Responsibility

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.


  • Attorney CLE accreditation 

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