NCJ Number
88228
Journal
Loyola University Law Journal Volume: 13 Issue: 4 Dated: (Summer 1982) Pages: 641-668
Date Published
1982
Length
28 pages
Annotation
This paper discusses the factors affecting sentencing recommendations submitted by the Office of the U.S. Attorney for the Northern District of Illinois to the Federal court at the time of sentencing.
Abstract
The broad policy concerns which influence a prosecutor's recommendations at the time of sentencing may relate to the perceived goals of the criminal justice system: deterrence, procedural fairness, and reinforcement of community values. In addition, either resource constraints or the need to apprehend others involved in a crime may dictate sentencing concessions for those who, respectively, plead guilty or agree to cooperate against their criminal partners. In addition, deference to the role of others involved in the sentencing process, especially to the district court judge, may also have some impact on the form of sentencing recommendations. These sentencing considerations are not wholly consistent with one another, however. The various factors play against each other in the process of formulation recommendations, as the process of plea negotiations illustrates. Under Rule 11, the three possible plea bargains are agreements by which the government dismisses certain counts of the indictment; agreements by which the government promises to make certain advisory sentencing recommendations to the court; and agreements which, with the court's permission, determine in binding fashion the sentence to be imposed. The prosecutor for the Northern District of Illinois rarely makes specific sentencing recommendations or recommends to the court that a defendant be granted probation. Eighty-six footnotes which contain references are provided.