The job of a prosecutor is not just to seek convictions but to seek justice. So when reports emerge of prosecutors abusing their power, it can shake public confidence in the entire justice system. Reformers argue that prosecutors exercise too much power with little or no oversight. Defenders of the current system argue that prosecutors work tirelessly to keep people safe from criminals and that abuses are extremely rare. 

Seven experts, Jessie K. Liu, Mark Geragos, Steven H. Cook, John Malcolm, Zac Bolitho, Bennett L. Gershman, and Clark Neily, discuss and define the power of the prosecutor in this documentary short by FedSoc Films.

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

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Experts (in order of appearance):

Learn more about Jessie K. Liu:
https://www.justice.gov/usao-dc/meet-us-attorney

Follow Jessie K Liu on Twitter: @USAO_DC
https://twitter.com/USAO_DC?lang=en

Learn more about Mark Geragos:
http://www.geragos.com/attorney-profiles/mark-j-geragos

Follow Mark Geragos on Twitter: @markgeragos
https://twitter.com/markgeragos

Learn more about Steven H. Cook:
https://fedsoc.org/contributors/steven-cook

Learn more about John Malcolm:
https://www.heritage.org/staff/john-malcolm

Follow John Malcolm on Twitter: @malcolm_john
https://twitter.com/malcolm_john

Learn more about Zac Bolitho:
https://directory.campbell.edu/people/zachary-c-bolitho/

Learn more about Bennett L. Gershman:
https://law.pace.edu/faculty/bennett-l-gershman

Learn more about Clark Neily:
https://www.cato.org/people/clark-neily

Follow Clark Neily on Twitter: @ConLawWarrior
https://twitter.com/conlawwarrior

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Differing Views & Related Links:

Prosecutorial Discretion: Leeway for Prosecutors in Decisions About Criminal Charges
https://www.nolo.com/legal-encyclopedia/prosecutorial-discretion-leeway-prosecutors-decisions-criminal-charges.html

Department of Justice: Prosecutors
https://www.justice.gov/elderjustice/prosecutors-0

Prosecutorial Fallibility and Accountability
https://www.cato.org/events/prosecutorial-fallibility-accountability

The Theory Of Prosecutorial Discretion In Federal Law: Origins And Developments
https://law.yale.edu/system/files/area/conference/ilroundtable/ILR13_CBRebeccaKrauss.pdf

Disbarred Duke lacrosse prosecutor Mike Nifong is back, along with more misconduct allegations
https://www.washingtonpost.com/news/true-crime/wp/2016/08/30/disbarred-duke-lacrosse-prosecutor-mike-nifong-is-back-along-with-more-misconduct-allegations/?noredirect=on&utm_term=.01e7bad7571d

Duke Prosecutor Jailed; Students Seek Settlement
https://www.nytimes.com/2007/09/08/us/08duke.html

The Dangerous Myths of Drug Sentencing “Reform”
https://www.naausa.org/site/index.php/resources/white-papers/90-jul-2015-dangerous-myths-of-drug-sentencing-reform/file

The Dangerous Myths of NAAUSA: A Response to the National Association of Assistant U.S. Attorneys’ Paper Titled “The Dangerous Myths of Drug Sentencing ‘Reform’”
https://famm.org/wp-content/uploads/272732500-FAMM-Response-to-NAAUSA-Myths.pdf

The Dangerous Myths of Drug Sentencing “Reform”: A Response to FAMM
https://www.naausa.org/site/index.php/resources/misc/105-aug-2015-response-to-famm/file

The Federal Prosecutor
https://www.roberthjackson.org/speech-and-writing/the-federal-prosecutor/

Mental Culpability and Prosecutorial Misconduct
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292927