NCJ Number
39916
Journal
George Washington Law Review Volume: 45 Issue: 2 Dated: (JANUARY 1977) Pages: 260-273
Date Published
1977
Length
14 pages
Annotation
REVIEW OF THE US COURT OF APPEALS RULING IN US V COWAN (1975) CONCERNING THE DISCRETIONARY POWERS OF FEDERAL DISTRICT COURTS TO REVIEW DISMISSAL MOTIONS MADE UNDER RULE 48 (A) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE.
Abstract
RULE 48 (A) PROVIDES IN PART THAT THE ATTORNEY GENERAL OR THE US ATTORNEY MAY BY LEAVE OF COURT FILE A DISMISSAL OF AN INDICTMENT, INFORMATION, OR COMPLAINT TO TERMINATE PROSECUTION. IN COWAN, THE APPEALS COURT UPHELD THE DISTRICT COURT'S CONTENTION THAT THE DISTRICT COURT HAS DISCRETION UNDER RULE 48 (A) TO DETERMINE WHETHER THE US ATTORNEY'S MOTION OF DISMISSAL OF AN INDICTMENT IS CLEARLY CONTRARY TO MANIFEST PUBLIC INTEREST, BUT RULED THAT THE TRIAL COURT HAD EXCEEDED ITS DISCRETION IN DENYING A MOTION IN ACCORDANCE WITH A NEGOTIATED PLEA AGREEMENT. THIS ARTICLE EXAMINES DISPUTES IN FEDERAL COURTS OVER PROSECUTORIAL DISCRETION BEFORE AND SINCE IMPLEMENTATION OF THE RULE IN 1946 AS WELL AS THE FACTS OF THE CASE AND THE RULING IN COWAN. THE AUTHOR CONCLUDES THAT THE APPEALS COURT PRODUCED A CONTRADICTORY OPINION BY GRANTING TO DISTRICT COURTS BROAD DISCRETION TO PROTECT THE PUBLIC INTEREST WHILE SIMULTANEOUSLY DEPRIVING THEM OF THE RIGHT TO REFUSE A RULE 48(A) MOTION THROUGH THEIR FAILURE TO SPECIFY REVIEW GUIDELINES...EB