NCJ Number
78342
Date Published
1980
Length
61 pages
Annotation
Intended for Federal prosecutors and others, this document contains guidelines to sound prosecutorial policies and practices which are published for the first time in a single authoritive source. Use of these principles of Federal prosecution should promote the reasoned exercise of prosecutorial discretion among United States Attorney's offices with respect to charging, plea agreements, and sentencing.
Abstract
Principles related to initiating and declining prosecution cover probable cause requirements, grounds for commencing or declining prosecution, deciding on the amount of substantial Federal interest, prosecuting in another jurisdiction, and noncriminal alternatives to prosecution. Furthermore, guidelines on selecting charges deal with charging the most serious offense, additional charges, and precharge plea agreements. Principles on entering into plea agreements address selection of plea agreement charges and use of plea agreements when the defendant denies guilt. Additional principles guide prosecutors opposing offers to plead nolo contendere and entering into nonprosecution agreements in return for the defendant's cooperation. Specific issues dealt with are factors to weigh before entering into an agreement and cases requiring the assistant attorney general's approval. Finally, guidelines are presented concerning prosecutor's participation in sentencing. They cover establishing factual bases for sentences, determining when to make sentencing recommendations, the attorney's obligation to disclose factual material concerning sentencing recommendations to the defense, and parole recommendations.