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A Net For A Cooperator’S Leap Of Faith: The Due Process Need For Universal Acceptance Of Bad Faith Review Of Prosecutors’ Substantial Assistance Determinations In Federal Sentencing, Lucius T. Outlaw
Marquette Law Review
Cooperation is critical to federal criminal cases. For the government, cooperation is vital to securing the leads, information, and evidence needed to successfully investigate and prosecute criminal activity, particularly drug trafficking conspiracies and white-collar fraud crimes. For federal defendants, cooperation is the primary way to reduce their prison time exposure. Therefore, how a defendant’s cooperation is evaluated and translated into sentencing leniency is a significant issue for the government and cooperating defendants. Federal law and sentencing guidelines grant the keys to the
evaluation process to federal prosecutors by requiring a prosecutor’s substantial assistance motion before a judge can grant sentencing …