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NCJ Number: 126987 Add to Shopping cart Find in a Library
Title: Rewarding Defendant Cooperation Under the Federal Sentencing Guidelines: Judge vs. Prosecutors
Journal: Criminal Law Bulletin  Volume:26  Issue:5  Dated:(September-October 1990)  Pages:399-431
Author(s): B C Mank
Date Published: 1990
Page Count: 33
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This paper discusses statutory limitations on a prosecutor's authority to reward a defendant for cooperating with the government in a criminal investigation or prosecution without judicial review. It analyzes the 18 USC and 35554(e) and Section 5K1.1 of the United States Sentencing Guidelines from the perspectives of due process and separation of powers.
Abstract: Some Federal courts claim that the statue and Section 5K1.1 violate due process and the separation of powers doctrine by transferring sentencing authority from judges to prosecutors. Also, these sections do not allow the defendants a process in which to challenge the prosecutorial decision or the judicial reviews. However, the courts of appeal firmly support the Federal government statute. It is concluded that the Supreme Court will probably reject constitutional challenges to Sections 3553(e) and 5K1.1 despite the restrictions on the judicial branch. However, a modification of these guidelines is suggested in order to allow judicial review of executive branch decisions regarding sentencing reduction. 140 notes (Author abstract modified)
Main Term(s): Sentencing guidelines
Index Term(s): Discretionary decisions; Right to Due Process; Separation of powers
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=126987

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