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Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin

Campbell Law Review

This Note analyzes the Wade case and argues that the Supreme Court correctly found that a district court can review any prosecutorial decision when it is based on an unconstitutional basis. First, the Note addresses the case history and background behind "substantial assistance" and the Guidelines. Second, it analyzes the reasoning of the Court: whether the ruling furthers the purpose of the Guidelines; whether protections under the Due Process Clause apply; whether the ruling is consistant with other holdings concerning analogous prosecutorial powers; and whether a threshold showing of unconstitutional bias is a necessary prerequisite before review. Third, it discusses …