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A Sentencing System For The 21st Century?, Paul H. Robinson Jan 1987

A Sentencing System For The 21st Century?, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Dissent From The United States Sentencing Commission's Proposed Guidelines, Paul H. Robinson Jan 1987

Dissent From The United States Sentencing Commission's Proposed Guidelines, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen Jan 1987

Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen

Faculty Scholarship

Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving ...