Prosecutorial Discretion in the Post-Booker World

Authors

Norman C. Bay, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

1-1-2006

Abstract

This article takes a measured position. On the one hand, Booker has diminshed prosecutorial discretion somewhat. That point, perhaps, is obvious. In theory, the Guidelines are no longer mandatory, and prosecutors have less power to control sentencing. On the other hand, reports of the demise of the prosecutorial discretion have been greatly exaggerated. Post-Booker, prosecutorial discretion remains vast and, indeed, for a number of reasons is still likely to be greater than it was in the pre-Guidelines era. Much has happened since November 1, 1987, including the passage of mandatory minimum laws and the acculturation of federal judges to the Guidelines, which, in the aggregate, serve to protect or enhance prosecutorial power.

Publication Title

McGeorge Law Review

Volume

37

First Page

549

Recommended Citation

Norman C. Bay, Prosecutorial Discretion in the Post-Booker World, 37 McGeorge Law Review 549 (2006).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/147