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NCJRS Abstract

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NCJ Number: 148052 Find in a Library
Title: FIFTH AMENDMENT - PROSECUTORIAL DISCRETION NOT ABSOLUTE: CONSTITUTIONAL LIMITS ON DECISION NOT TO FILE SUBSTANTIAL ASSISTANCE MOTIONS
Journal: Journal of Criminal Law and Criminology  Volume:83  Issue:4  Dated:(Winter 1993)  Pages:744-772
Author(s): D Fisher
Date Published: 1993
Page Count: 29
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This Note examines the Federal Sentencing Guidelines, specifically in relation to reduction of sentences below statutory or guideline minimums, in addition to the background of prosecutorial discretion.
Abstract: In Wade v. United States, the United States Supreme Court held that a prosecutor's decision not to file a motion for a reduction of sentence based on a defendant's substantial assistance to the government is reviewable by district courts. While Justice Souter, writing for the majority, does potentially put a cap on prosecutorial discretion in this area, he fails to clear up much of the confusion that had been accumulating in the lower courts. This Note explains the lack of clear standards set forth by the Wade decision and the possible dangers that accompany this ambiguity. Finally, this Note predicts the impact Wade is likely to have both on future courts facing similar issues and on the role of prosecutors and defendants in the plea-bargaining arena. Footnotes
Main Term(s): Courts
Index Term(s): Criminal law; Criminology; Federal sentencing guidelines
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=148052

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