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2012

Prosecutorial discretion

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Full-Text Articles in Law

Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary K. Ramirez Apr 2012

Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary K. Ramirez

mary k ramirez

Recent financial scandals and the relative paucity of criminal prosecutions against elite actors that benefitted from the crisis in response suggest a new reality in the criminal law system: some wrongful actors appear to be above the law and immune from criminal prosecution. As such, the criminal prosecutorial system affirms much of the wrongdoing giving rise to the crisis. This leaves the same elites undisturbed at the apex of the financial sector, and creates perverse incentives for any successors. Their incumbency in power results in massive deadweight losses due to the distorted incentives they now face. Further, this undermines the …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In American Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In American Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging in the United States, one that has not received much attention from courts or in the scholarly comparative criminal-procedure literature: the extent to which internal personnel policies in American prosecutors’ offices create incentives to overcharge that do not exist in their counterparts overseas. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of American prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct in the United States, courts should disqualify prosecutors whose offices explicitly or …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In American Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In American Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging in the United States, one that has not received much attention from courts or in the scholarly comparative criminal-procedure literature: the extent to which internal personnel policies in American prosecutors’ offices create incentives to overcharge that do not exist in their counterparts overseas. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of American prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct in the United States, courts should disqualify prosecutors whose offices explicitly or …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging in the United States, one that has not received much attention from courts or in the scholarly comparative criminal-procedure literature: the extent to which internal personnel policies in American prosecutors’ offices create incentives to overcharge that do not exist in their counterparts overseas. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of American prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct in the United States, courts should disqualify prosecutors whose offices explicitly or …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …


When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti Feb 2012

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Carrie Leonetti

This Article examines and evaluates an alternate cause of overcharging, one that has not received much attention from courts or in the scholarly literature: the extent to which internal personnel policies in prosecutors’ offices create incentives to overcharge. The number and seriousness of convictions and the amount of punishment are the basic standards by which the success of prosecutors is measured. In order to curb overcharging and other forms of prosecutorial misconduct, courts should disqualify prosecutors whose offices explicitly or implicitly determine their job status, compensation, or advancement on the basis of their conviction or sentencing record on the ground …