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Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman
Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
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. The proposed revisions to the ABA's Criminal Justice Standards for the Prosecution Function attempt to address several key issues that inform the charging decision, by broadening the language of several provisions of the current Standards as well as adding several new provisions. To be sure, the proposed Standards significantly change the current Standards with respect to the proper factors and considerations affecting …