Darryl Brown

American Prosecutors’ Powers and Obligations in the Era of Plea Bargaining

PUBLISHER
Oxford University Press
DATE
2012
 

UVA Law Faculty Affiliations

Abstract

This paper, written as a chapter for a forthcoming volume on international comparisons of prosecutors’ roles in various jurisdictions, provides a basic overview of the different rules and practical constraints on American prosecutors. It offers a critical view of how state and federal prosecutors differ in the exercise of their discretion and ability to influence adjudication outcomes according to variations in such factors as sentencing rules, control over investigations, resource constraints and the pervasiveness of plea bargaining. It describes, for instance, the effect of generally stronger evidence gathering in federal prosecutions and the ability of charging discretion to compensate for weak government evidence in achieving convictions through pleas.

Citation

Darryl K. Brown, American Prosecutors’ Powers and Obligations in the Era of Plea Bargaining, in Erik Luna & Marianne L. Wade The Prosecutor in Transnational Perspective, Oxford University Press, 200-213 (2012).
 

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