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The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman Oct 1990

The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.


Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code Mar 1990

Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code

California Joint Committees

No abstract provided.


Time Changes: Growing Complexity In Texas Sentencing Law, John M. Schmolesky Jan 1990

Time Changes: Growing Complexity In Texas Sentencing Law, John M. Schmolesky

Faculty Articles

The Seventieth Legislature made criminal sentencing guidelines more onerous, but a number of factors combined to undercut its impact. These changes made the relationships between the legislative, judicial, and administrative components of the criminal justice system become increasingly complex, often resulting in one agency undercutting the decisions of another. Because of the complex web of agencies that have a role in determining the disposition of a convicted defendant, changes in the rules of sentencing must be analyzed at several different levels to determine their true impact.

Despite the apparently more punitive thrust of the new legislation, no clear policy direction …


Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan Jan 1990

Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan

Faculty Scholarship

No abstract provided.