NCJ Number
79458
Journal
Journal of Criminal Law and Criminology Volume: 72 Issue: 3 Dated: (Fall 1981) Pages: 955-992
Date Published
1981
Length
38 pages
Annotation
This comment argues that the Justice Department's 'Principles of Federal Prosecution' are too general and permissive and should not be used as a prototype for prosecutorial guidelines at the State and local level.
Abstract
The Federal guidelines specifically aim at curbing abuses and inconsistencies in prosecutorial discretion in six areas: (1) initiating and declining prosecution, (2) selecting charges, (3) entering into plea agreements, (4) opposing offers to plead nolo contendere, (5) entering into nonprosecution agreements in return for cooperation, and (6) participating in sentencing. While the guidelines may meet their twofold purpose at the Federal level in each of these six areas, their practical utility at the State and local level is highly questionable. Although the publication of the guidelines is commendable for formalizing previously unpublicized practices and policies, it alone does not come close to ensuring fair and effective responsibility by prosecuting attorneys. Too many gaps remain to foreclose disparate treatment of similarly situated defendants, and these gaps should not be duplicated by State, county, and city prosecutors formulating their own guidelines. While the guidelines may promote confidence on the part of the public and individual defendants that decisions will be made rationally on the merits of each case, they provide no assurance of objectivity. Safeguards and accountability are essential and must be added to ensure credibility and practicality at the State and local levels. A total of 236 footnotes are supplied. (Author summary modified)