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Prosecutorial Discretion in the Post-Booker World


Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/6988

Prosecutorial Discretion in the Post-Booker World

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Title: Prosecutorial Discretion in the Post-Booker World
Author: Bay, Norman
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. Mush 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.
Date: 2006
Publisher: McGeorge School of Law, Univ. of the Pacific
Citation: 37 McGeorge L. Rev. 549 (2006)
URI: http://hdl.handle.net/1928/6988

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