Document Type

Working Paper

Publication Date

11-8-2019

SSRN Discipline

Legal Scholarship Network; PRN Subject Matter eJournals; Philosophy Research Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; Legal Anthropology eJournals; LSN Subject Matter eJournals; AARN Subject Matter eJournals; Cognitive Science Network; Anthropology & Archaeology Research Network

Abstract

A muchdiscussed essay by Paul Butler argues that good people should not be prosecutors because working in a prosecutors office can do harm to ones personal commitments and soul A recent note in Harvard Law Review arrives at the same conclusion based on systemic considerationsthe work strengthens and legitimizes a wicked system I argue that part of these authors incisive critiques is sound but another stands on infirm footing Except for those willing to serve as double agents prepared to live with daily ambiguity prosecution should not be a high career choice My argument rests not so much on the politics of putting people in prison for a living nor on the psychological effects of the work on those doing itbut on the nature of the work itself

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