Abstract

http://ssrn.com/abstract=1273600
 
 

Citations (1)



 
 

Footnotes (320)



 


 



Prosecutorial Discretion and Prosecution Guidelines: A Case Study in Controlling Federalization


Michael A. Simons


St. John's University School of Law

September 25, 2008

New York University Law Review, Vol. 75, 2000
St. John's Legal Studies Research Paper No. 08-152

Abstract:     
In this Article, Michael Simons examines the ways in which the federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and that controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminal statutes can provide such control. Federalization of criminal child support enforcement has been successful because federal prosecutors have exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how such guidelines would prevent the implementation of other criminal statutes from usurping state authority, overwhelming the federal courts, and treating individual defendants unfairly.

Number of Pages in PDF File: 74

Accepted Paper Series


Download This Paper

Date posted: September 29, 2008 ; Last revised: October 1, 2008

Suggested Citation

Simons, Michael A., Prosecutorial Discretion and Prosecution Guidelines: A Case Study in Controlling Federalization (September 25, 2008). New York University Law Review, Vol. 75, 2000; St. John's Legal Studies Research Paper No. 08-152. Available at SSRN: http://ssrn.com/abstract=1273600

Contact Information

Michael A. Simons (Contact Author)
St. John's University School of Law ( email )
8000 Utopia Parkway
Jamaica, NY 11439
United States
718-990-6013 (Phone)
HOME PAGE: http://new.stjohns.edu/academics/graduate/law/faculty/profiles/SimonsMA
Feedback to SSRN


Paper statistics
Abstract Views: 934
Downloads: 87
Download Rank: 170,775
Citations:  1
Footnotes:  320

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.250 seconds