Bruce A. Green
Forum
Under Political Pressure: How Courts and Congress Can Help Prosecutors Seek Justice
This Essay argues that when Justice Department officials order subordinate lawyers to consider inappropriate partisan goals in making charging decisions, prosecutors must prioritize their fiduciary obligation to seek justice on behalf of the public. It further elaborates how cour…
Essay
Gideon’s Amici: Why Do Prosecutors So Rarely Defend the Rights of the Accused?
122 Yale L.J. 2336 (2013).
In Gideon v. Wainwright, twenty-three state attorneys general, led by Walter F. Mondale and Edward McCormack, joined an amicus brief on the side of the criminal accused, urging the Supreme Court to recognize indigent defendants’ Sixth Amendment right to appointed counsel in…
Forum
Regulating Federal Prosecutors: Let There Be Light
The Office of Professional Responsibility (OPR), housed within the U.S. Department of Justice (DOJ), investigates alleged misconduct by federal prosecutors and other DOJ personnel. Under the Bush administration, even when OPR found serious prosecutorial misconduct, DOJ kept the disciplinary investig…