Law Commons^™

Revoking Supervised Release In The Age Of Legal Cannabis, Zachary J. Weiner

St. John's Law Review

(Excerpt)

Supervised release—part of the original sentence following a guilty verdict—is a system by which federal probation officers monitor prisoners released from federal prison. In imposing supervised release, sentencing judges set conditions that each supervisee must comply with, or risk reincarceration at the discretion of the sentencing judge. Certain conditions of supervised release are prescribed by statute and others are crafted by judges.

If a defendant violates the terms of supervised release by possessing cannabis products, the statutory regime provides the sentencing judge with two options: revoke the defendant’s supervised release and reincarcerate her or, alternatively, release the defendant from …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Dickinson Law Review (2017-Present)

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …

Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia

Dickinson Law Review (2017-Present)

No abstract provided.

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson

Dickinson Law Review (2017-Present)

On a daily basis, prosecutors decide whether and how to charge individuals for alleged criminal conduct. Although many prosecutors avoid abusing this authority, prosecutors’ discretionary decisions might result in biased enforcement, inappropriate leveraging of authority, and a lack of transparency. These problems also arise when agency enforcement officials decide whether to act on conduct that violates a legal prohibition.

An inherent tension between the desire to avoid overburdening the system and the need to prevent inconsistent decision-making exists in the exercises of both prosecutorial discretion and regulatory enforcement discretion. It is clear from the similarities between the two that administrative …

Plea Bargaining And Prosecutorial Motives, Charlie Gerstein

The University of New Hampshire Law Review

This Article argues that the structure of the plea-bargaining system—which the Supreme Court recently recognized “is the criminal justice system”—hinges on something previously unappreciated by scholars and unaddressed in criminal procedure doctrine: prosecutors’ motives. This Article addresses that problem by studying the prosecutor’s disclosure obligations when defendants plead guilty. Courts and commentators have been divided for years over whether Brady v. Maryland applies when defendants plead guilty. But the current split blinds us to more important, and more vexing, aspects of the problem. The fact is, there already is a disclosure obligation, albeit a hidden one. Armed with an …

Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin A. Miller

Brigham Young University Prelaw Review

No abstract provided.

Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin Miller

Brigham Young University Prelaw Review

No abstract provided.

Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman

Fordham Law Review

No abstract provided.

Ethics In Criminal Advocacy, Symposium, The Neutral Prosecutor: The Obligation Of Dispassion In A Passionate Pursuit, H. Richard Uviller

Fordham Law Review

No abstract provided.

Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor

Fordham Law Review

No abstract provided.

The Independent Counsel Investigation, The Impeachment Proceedings, And President Clinton's Defense: Inquiries Into The Role And Responsibilities Of Lawyers, Symposium, Proportionality As An Ethical Precept For Prosecutors In Their Investigative Role, Rory K. Little

Fordham Law Review

No abstract provided.

The Problem Of Nonreviewability: Judicial Control Of Action Committed To Agency Discretion, Stephen Paul Mahinka

Villanova Law Review

No abstract provided.