Prosecutorial Power in an Adversarial System: Lessons from Current White Collar Cases and the Inquisitorial Model

Abstract

Justice Robert Jackson famously characterized the federal prosecutor as having “more control over life, liberty, and reputation than any other person in America.” Sixty years later, Judge Gerard Lynch raised the prosecutor’s standing when he remarked that federal prosecutors perform “the role of god.” Current white collar criminal prosecutions suggest that characterizing federal prosecutors as gods is the better description. Riding a tide of public outrage following the discovery of massive fraud at Enron and other firms, prosecutors have attained something akin to heroic status. The failure of the civil