PROSECUTORIAL DISCRETION - A RE-EVALUATION OF THE PROSECUTOR'S UNBRIDLED DISCRETION AND ITS POTENTIAL FOR ABUSE

• NCJ Number: 26350
• Journal: De Paul Law Review Volume: 21 Dated: (1971) Pages: 485-518
• Author(s): J A LUNDQUIST
• Date Published: 1971
• Length: 34 pages
• Corporate Author: DePaul University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF POTENTIAL ABUSES OF PROSECUTORIAL DISCRETION AND POSSIBLE REMEDIES TO THEM ASSUMING THE READER'S UNDERSTANDING OF SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW.

Abstract

DISCRETIONARY POWERS ARE DEFINED AND THEIR SOURCES ARE IDENTIFIED. FACTORS INVOLVED IN PROSECUTORIAL DECISION MAKING ARE ANALYZED. CHALLENGES TO THE PROSECUTOR'S DISCRETION AND DEFENSES AND REMEDIES FOR ITS WRONFUL EXERCISE ARE EXAMINED. THE EFFECT ON THE CRIMINAL JUSTICE SYSTEM OF THE PROSECUTOR'S DISCRETIONARY POWERS IN NEGOTIATED PLEAS ARE ALSO DISCUSSED.