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JUDICIAL DISCRETION TO REJECT NEGOTIATED PLEAS

NCJ Number
25325
Journal
Georgetown Law Journal Volume: 63 Issue: 1 Dated: (OCTOBER 1974) Pages: 241-255
Author(s)
L B MILLER
Date Published
1974
Length
15 pages
Annotation
DISCUSSION OF THE FORMAL STANDARDS FOR THE EXERCISE OF JUDICIAL DISCRETION IN THE REJECTION OF BARGAINED PLEAS, ESTABLISHED BY THE US DISTRICT COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA IN UNITED STATES V AMMIDOWN (1973).
Abstract
IN AMMIDOWN, THE COURT OF APPEALS VACATED THE JUDGMENT AND SENTENCES OF THE DEFENDANT HOLDING THAT THE TRIAL JUDGE HAD EXCEEDED HIS DISCRETION IN REJECTING THE PLEA RECOMMENDED BY THE PROSECUTOR. UNDER THE GUIDELINES SET UP BY THE COURT, A TRIAL JUDGE CAN ONLY WITHHOLD HIS CONSENT OF A NEGOTIATED PLEA IF IT IS UNFAIR TO THE DEFENDANT, REPRESENTS AN ABUSE OF THE PROSECUTOR'S DISCRETION, OR SEVERLY INFRINGES UPON THE JUDGE'S SENTENCING.

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