Department of Justice Guidelines: Balancing 'Discretionary Justice'

Abstract:     
Prosecutors are afforded enormous discretion in a multitude of decisions. Internal guidelines of the Department of Justice (DOJ) assist federal prosecutors in making the decisions that fall within their discretionary realm. Although these guidelines are policy statements and not legislative rules, they offer an element of consistency to the decision-making process, provide education for newcomers to the department, and can serve as a restraint on prosecutorial discretion.

Prosecutors do not always adhere to these internal guidelines. This article studies ways to achieve better compliance. It examines remedies that achieve a balance between continuing the practice of having guidelines and yet also having meaningful policies that are adhered to by department employees.

Number of Pages in PDF File: 36

Keywords: DOJ, white collar crime, guidelines, federal criminal law, criminal law, administrative policy

JEL Classification: K14, K22, K23, K42, K49

Accepted Paper Series