Prosecutorial discretion--the decision to charge

an annotated bibliography by W. Randolph Teslik

Publisher: U.S. Dept. of Justice, Law Enforcement Assistance Administration, National Institute of Law Enforcement and Criminal Justice, National Criminal Justice Reference Service in [Washington]

Written in English
Published: Pages: 38 Downloads: 300
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  • Criminal justice, Administration of -- United States -- Bibliography.,
  • Prosecution -- United States -- Bibliography.,
  • Public prosecutors -- United States -- Bibliography.

Edition Notes

Statementprepared by W. Randolph Teslik.
ContributionsNational Criminal Justice Reference Service (U.S.), National Institute of Law Enforcement and Criminal Justice., United States. Law Enforcement Assistance Administration.
The Physical Object
Pagination[2], 38 p. ;
Number of Pages38
ID Numbers
Open LibraryOL17504147M

  Therefore, that decision did not violate the separation of powers provision of the Massachusetts Declaration of Rights. "Indeed, a prosecutor has the discretion to charge a defendant under multiple enhancement statutes, retaining that discretion up to the sentencing stage," the Court observed. Introduction. This chapter is concerned with the role of victims in the decision to prosecute. A lack of involvement in, and understanding of, a decision of the prosecutor not to proceed with a prosecution or to accept a plea of guilty to lesser charges may be a particular source of concern for victims. 1 The role of victims in the decision to prosecute is inherently linked to the role.   As a result, the memo attempts to draw a line between lawful prosecutorial discretion, and unconstitutional executive lawmaking. . form and guide the charging decision. Still, no subject in criminal law is as elusive as that of prosecutorial discretion in the charging process. A large body of literature has addressed the problem of ensuring re-sponsible decision-making by persons who are authorized to make.

  Prosecutorial Discretion. The one thing the Court almost certainly will not do is find a violation of some general constitutional rule circumscribing the president’s power to exercise prosecutorial discretion not to enforce the law. That’s because, as noted above, Texas does not argue that government forbearance from initiating deportation. of one particular prosecutor’s exercise of discretion. The controversy surrounding North Carolina district attorney, Mike Nifong’s, charging of several students at Duke University with rape—the so-called “Duke lacrosse case”—raises issues regarding prosecutorial discretion that are normally taken for : Nathan Piwowarski.   In regards to prosecutorial discretion, I would also refer you to a recent South Carolina Supreme Court decision, In re Richland County Magistrate's Court, S.E. 2d , S.C. (S.C. ), in which the Supreme Court held that a non-lawyer's representing a business to prosecute criminal misdemeanor charges in summary court constitutes. For example, a decision to charge, or not to charge, an alien with a ground of deportability is clearly a prosecutorial enforcement decision. By contrast, the grant of an immigration benefit, such as naturalization or adjustment of status, is a benefit decision that is not a subject for prosecutorial discretion.”.

  (3) Following its decision in Krieger v Law Society of Alberta, the Court held that the decision to repudiate a plea agreement is properly understood as an exercise of prosecutorial discretion. I argue that in so holding, the Court failed to seize the opportunity before it to improve transparency, strengthen accountability and protect trial.   Remington F () The decision to charge, the decision to convict on a Plea of Guilty, and the impact of sentence structure on prosecution practices. In: Ohlin L, Remington F (eds) Discretion in criminal justice: the tension between individualization and uniformity. State University of New York Press, Albany Google Scholar.   The Human Cost of "Prosecutorial Discretion" By Jessica M. Vaughan on Janu An illegal alien now under arrest for murdering a year-old convenience store clerk in Mesa, Ariz., on Janu , was previously in ICE custody in after a drug- and gang-related felony burglary conviction, but was released on bond after just a. Penn State Law eLibrary Journal Articles Faculty Works Beyond Deportation: Understanding Immigration Prosecutorial Discretion and United States V. Texas Shoba S. WadhiaAuthor: Shoba Sivaprasad Wadhia.

Prosecutorial discretion--the decision to charge by W. Randolph Teslik Download PDF EPUB FB2

Concerning the proseq,ution function concern the charging decision. Section suggests that eac~ prosecutor's office develop a statement of general policy as a guide to prosecutorial discretion. The ABA argues that articulation of policy contributes to the formulation of sound policies by compelling II.

Prosecutorial discretion: the decision to charge: an annotated bibliography. [W Randolph Teslik] Prosecutorial discretion. Washington: National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S.

Dept. of Justice, of prosecutorial discretion in the decision to charge,3 not to charge,4 and what to charge." A prosecutor may not be compelled to bring a prosecution,6 nor, for the most part, compelled to terminate one.7 from granting motion for discovery and motion to Cited by: 2.

Get this from a library. Prosecutorial discretion: the decision to charge: an annotated bibliography. [W Randolph Teslik; National Institute of Law Enforcement and Criminal Justice,].

In perhaps the most controversial recent case on prosecutorial discretion, the Supreme Court, in McCleskey v. Kemp, last year upheld the death penalty for a black Georgia man accused of killing a.

Otherwise, the class a suspect belongs to would influence prosecutorial discretion more than the individuals guilt or innocence. Having to defend every choice to prosecute against a presumption of impropriety would grind the executive branch to a halt.

Separation of powers argument that courts are not skilled at determining whom to charge. Prosecutorial Decisionmaking and Discretion in the Charging Function. BENNETT. GERSHMAN* A prosecutor's charging decision is the heart of the prosecution function. The charging decision involves an extraordinary exercise of discretionary power that is unreviewable.

As a result, the decision is difficult to guide except in the broadest terms. FAQ: Prosecutorial Discretion – The Charging Decision – Overcharging Criminal Cases – and Plea Bargaining in Colorado.

Introduction – Colorado criminal law for many years has incorporated so called ” mandatory sentencing laws” that – while taking away the rights of judges to fashion fair and appropriate sentences on a Prosecutorial discretion--the decision to charge book by case basis – compel defendants “to.

Under U.S. law, a prosecutor is allowed prosecutorial discretion, which is the power to determine whether or not to charge an accused offender and, if so, the most appropriate charge for that.

USCIS charging official about the decision. In the event there is a dispute between the charging official and the ICE attorney regarding the attorney's decision to exercise prosecutorial diScretion, the ICE Chief Counsel should attempt to resolve the dispute with the local supervisors.

The legal definition of Prosecutorial Discretion is Discretionary powers exercised by the government's prosecution service such as whether to prosecute charge recommended by police, to stay an ongoing proceeding, plea bargaining, or the taking over of a private prosecution.

A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion. The authority to exercise discretion in deciding when to prosecute and when not to prosecute based on a priority system has long been recognized as a critical part of U.S.

law. prosecutorial discretion. The limits that exist stem from other areas of law—equal protection and due process—and these constraints rarely lead to successful prosecutorial misconduct claims According to modern case law, the separation of powers doctrine requires judges to permit broad prosecutorial discretion.

In comparing judicial review of. The Nature of Prosecutorial Charging Discretion The charging function has two decision-making components: the initial screening determination as to whether or not to charge (the "screening function"); and, if the answer is yes, the subsequent deci-sions as to choice and number of charges (the "selection function")   Prosecutorial discretion – the decision by a government employee or immigration agency about whether to enforce the law against an individual or group of individuals – creates space for the government to inject compassion into the process and allows an agency to direct resources in support of particular priorities.

Prosecutorial discretion has been the subject of much discussion and debate, and most of the debate has focused on decisions about formally charging. The Anatomy of Discretion: An Analysis of Prosecutorial Decision Making ii This document is a research report submitted to the U.S. Department of Justice.

This report has not. the decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutorial discretion lies in the power to charge, or not to charge a person with an offense.

prosecutorial discretion is both a welcome and a necessary component of immigration law. Drawing important and relevant lessons from the criminal and administrative law, this article shows why the existing model of prosecutorial discretion in immigration affairs is inadequate and, in some instances, misguided.

The damaging impact of arbitrary. prosecutorial discretion, highlighting challenges associated with the exercise of said discretion, and to consider ways to allay fears that in certain cases the NPA is influenced politically in its decision making and settle questions concerning the aptness and correctness of prosecutorial discretion as exercised in practice.

on their own, prevent a favorable exercise of prosecutorial discretion. The FAQs highlight three kinds of cases where DHS will review on a case-by-case basis to determine whether removal serves an important federal interest: 1) individuals who were deported and unlawfully reentered the country before January 1,but whose priorFile Size: KB.

“Prosecutorial discretion” — the justification Obama is using for his orders — granted to a single beneficiary or a few beneficiaries based on the particular and unusual facts of Author: Jan C. Ting.

This is the type of decision in which political motivations and personal grudges can turn a prosecutor into a tyrant.

But even if conviction does not result from a charge, the mere power to charge gives rise to its own liberty concerns. Professor Glenn Reynolds made the following observation about prosecutorial discretion. decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.”); Robert L.

Misner, Recasting Prosecutorial Discretion, 86 Cited by: 4. This abuse occurred because the critical safeguard of prosecutorial discretion — the decision whether to pursue a case — didn’t protect the suspects. Despite what you see on television, the chances of being convicted in a criminal case are extremely high.

Teslik, W Randolph: Prosecutorial discretion--the decision to charge: an annotated bibliography / ([Washington]: National Institute of Law Enforcement & Crininal Justice, Law Enforcement Assistance Administration, U.S. Dept. of Justice, National Criminal Justice Reference Service, ), also by United States.

National Criminal Justice. The first is pragmatic: law enforcement resources are invariably finite and, in any society with more than a very small number of crimes choices must be made respecting the way to use those resources.

29 The second justification for prosecutorial discretion is grounded in the concept of legality. 30 Officials charged with investigation and. “Prosecutorial discretion” — the justification Obama is using for his orders — granted to a single beneficiary or a few beneficiaries based on the particular and unusual facts of individual cases is substantively different from a sweeping rule that changes the legal status of 5 million beneficiaries in one fell swoop.

In that case, the Supreme Court had ruled, “an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency’s absolute discretion.” Another important precedent was the Court’s decision in Reno v.

As another example of prosecutorial discretion, the DOJ announced it would not prosecute former FBI Deputy Director Andrew McCabe for lying in an internal investigation about leaks. There is no question that McCabe did lie, that Barr authorized the decision not to prosecute and that President Trump was not happy about the decision.

Plea bargaining and prosecutorial discretion are two crucial components in criminal procedure. The prosecution has leverage over which charges they wish to pursue against a defendant, while the defendant has the choice of adjudication of guilt. Being that .part iv: investigation; decisions to charge, not charge, or dismiss; and grand jury Standard Investigative Function of the Prosecutor (a) When performing an investigative function, prosecutors should be familiar with and follow the ABA Standards on Prosecutorial Investigations.This is the second in a series of posts on the Aaron Swartz prosecution.

In my first post, I analyzed whether the charges that were brought against Swartz were justified as a matter of law. In this post, I consider whether the prosecutors in the case properly exercised their discretion. As some readers may know.