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NCJ Number: 126895 Find in a Library
Title: Negotiated Pleas Under the Federal Sentencing Guidelines: The First Fifteen Months
Journal: American Criminal Law Review  Volume:27  Issue:2  Dated:(1989)  Pages:231-288
Author(s): S J Schulhofer; I H Nagel
Date Published: 1989
Page Count: 58
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This analysis of the relationship between the Federal sentencing guidelines that took effect in November 1987 and plea negotiation practices concludes that the guidelines have brough a significant order and consistency to the prosecutorial charging and bargaining decisions that have an effect on sentencing.
Abstract: Interviews with prosecutors in four jurisdictions during the 15 months before the United States Supreme Court's decision in Mistretta v. United States suggest that in the majority of cases, compliance with the guideline system was the predominant pattern. However, the guidelines were still circumvented in an identifiable minority of cases. Circumvention was accomplished through date bargaining, charge bargaining, and fact bargaining of guideline factor bargaining. In the period following the Mistretta decision, it will be crucial to evaluate the impact of the guidelines on charging and plea practices. 196 footnotes
Main Term(s): Plea negotiations
Index Term(s): Federal law violations; Prosecutorial discretion; Sentencing guideline compliance
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