The Community Prosecutor: Questions of Professional Discretion

34 Pages Posted: 18 Jul 2012  

Alafair S. Burke

Hofstra University - Maurice A. Deane School of Law

Bruce A. Green

Fordham University School of Law

Date Written: July 18, 2012

Abstract

This Article examines community prosecuting from an ethics perspective. Our focus is not on prosecutors’ compliance with the disciplinary rules, however. The strategies that have been said to exemplify community prosecuting are almost invariably compliant with disciplinary rules and other aspects of the law governing prosecutors. Rather, we take a broader perspective. Our focus is on how prosecutors exercise discretion in the context of adopting community prosecution strategies. We examine this question from both normative and procedural perspectives. We propose that the addition of community-based defense lawyers could help mitigate concerns about prosecutorial discretion in community justice programs by broadening community participation and helping inform the community about an array of potential solutions and their implications.

Keywords: Prosecutors, prosecutorial discretion, ethics, professional responsibility, community justice, community prosecution

JEL Classification: K10, K14, K42

Suggested Citation

Burke, Alafair S. and Green, Bruce A., The Community Prosecutor: Questions of Professional Discretion (July 18, 2012). Wake Forest Law Review, Vol. 47, No. 285, 2012; Hofstra Univ. Legal Studies Research Paper No. 12-14. Available at SSRN: https://ssrn.com/abstract=2112254

Alafair S. Burke (Contact Author)

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
516-463-4243 (Phone)
516-463-4800 (Fax)

Bruce A. Green

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6851 (Phone)
212-636-6899 (Fax)

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