NCJ Number
27624
Journal
Stanford Law Review Volume: 24 Issue: 8 Dated: (JUNE 1972) Pages: 1036-1091
Date Published
1972
Length
56 pages
Annotation
THE POINT OF INTERSECTION BETWEEN INVESTIGATIVE AGENCY ENFORCEMENT POLICY AND PROSECUTORY AGENCY ENFORCEMENT - A CRITICAL JUNCTURE IN THE ADMINISTRATIVE PROCESS - IS EXPLORED IN DETAIL IN THIS STUDY.
Abstract
SPECIFICALLY, THE AUTHOR EXAMINES THE EXERCISE OF DISCRETION BY THE DEPARTMENT OF JUSTICE IN HANDLING REFERRALS FOR CRIMINAL PROSECUTION FROM FEDERAL AGENCIES AND DEPARTMENTS. VIRTUALLY ALL FEDERAL AGENCIES AUTHORIZED TO METE OUT CRIMINAL PENALTIES ARE DEPENDENT UPON THE JUSTICE DEPARTMENT FOR PROSECUTION. THUS, CRIMINAL ENFORCEMENT OF FEDERAL REGULATORY PROGRAMS IS DIVIDED FUNCTIONALLY: INVESTIGATIVE RESPONSIBILITY IS VESTED IN THE AGENCY CHARGED WITH IMPLEMENTATION OF THE REGULATORY PROGRAM, AND PROSECUTORIAL RESPONSIBILITY IS VESTED IN THE JUSTICE DEPARTMENT. A MATTER IS TRANSMITTED TO THE JUSTICE DEPARTMENT BY REFERRAL FROM THE AGENCY. IT IS THE HANDLING OF THESE REFERRALS THAT CONSTITUTES THE SUBJECT OF THIS STUDY. THE AUTHOR SPECIFIES THE VARIABLES THAT SHAPE THE SELECTIVE ENFORCEMENT POLICY OF THE JUSTICE DEPARTMENT IN AGENCY CRIMINAL REFERRAL CASES. THIS POLICY TURNS UPON TWO CRITICAL DISCRETIONARY DECISIONS: THE INITIAL DECISION TO PROSECUTE AND THE DECISION WHETHER TO SETTLE THE CASE THROUGH PLEA BARGAINING. WHILE THE FACTORS THAT DETERMINE PLEABARGAINING STRATEGY ARE CONSIDERED, PRINCIPAL EMPHASIS IS PLACED UPON THE EXERCISE OF DISCRETION TO PROSECUTE. IN ADDITION TO ANALYSIS OF THE EMPIRICAL DATA, THE AUTHOR OFFERS PROPOSALS TO SAFEGUARD THE ABUSE OF DISCRETION. THESE PROPOSALS INCLUDE A COMPLETE MONITORING SYSTEM TO FACILITATE INTERNAL REVIEW OF THE DISCRETIONARY DECISIONS OF U.S. ATTORNEYS BY THE DEPARTMENT OF JUSTICE. (AUTHOR ABSTRACT)