Chasing Justice

Prosecutorial Discretion with SA Kim Foxx

06.23.2020 - By Chesa Boudin and Rachel MarshallPlay

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In this episode, DA Boudin and Rachel explore the role of prosecutorial discretion in the criminal justice system with one of the most well known progressive prosecutors in the country: Cook County State’s Attorney Kim Foxx.  They discuss the power of the prosecutor to determine when to use their discretion to choose not to file charges, as well as when to decide to file charges.  Drawing on specific examples, SA Foxx speaks candidly about her thinking around how to approach the immense power of prosecutors.  She also explains why she decided to be the first prosecutor in the country to make felony case data available to the public and how that decision links to her role as a progressive prosecutor.  SA Foxx talks about specific decisions she has made in exercising her discretion in high-profile cases and explains her thinking about how to prioritize limited resources to advance public safety.  SA Foxx and DA Boudin also discuss their responses to the COVID-19 crisis and other ways in which prosecutorial discretion plays out in their work.

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