A prosecutor is “the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. . . . It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." Berger v. United States, 295 U.S. 78, 88 (1935). Achieving justice in intimate partner violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. Intimate partner violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence.
This recording addresses the ethical considerations outlined above in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter uses hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.