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Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson
Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson
Fordham Urban Law Journal
This Article discusses the undefined responsibilities of federal prosecutors. For purposes of example, the essay focuses primarily on five situations in which federal prosecutors are often expected to operate "outside" of the rules, including: charging and investigative decisions, discovery, plea bargaining, dealing with the press, and sentencing decisions. While there are "rules" in each of these areas, they take a back seat to the discretionary powers prosecutors are expected to exercise wisely when performing their duties. In judging whether there has been an appropriate exercise of those powers, it is not the rules that will govern society's judgment. Rather, the …
Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction
Pre-Sentence Reports: Utility Or Futility? A Report Of The New York City Board Of Correction, New York City Board Of Correction
Fordham Urban Law Journal
This article evaluates New York Criminal Procedure Law increasing the number of cases requiring pre-sentence investigations and reports by analyzing the consequences and benefits of pre-sentencing reports. The article focuses on the delays in the criminal justice system and urges the New York State government to undertake a comprehensive review of the criminal justice system to determine whether plea bargaining is both the most effective and efficient method of achieving the system's goals. The article then suggests interim measures to be taken to alleviate delays produced by pre-sentence investigations.