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http://ssrn.com/abstract=1696079
 
 

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


Darryl K. Brown


University of Virginia School of Law


TRANSNATIONAL PERSPECTIVES ON PROSECUTORIAL POWER, Erik Luna, ed., Forthcoming
Virginia Public Law and Legal Theory Research Paper No. 2010-39

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.

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Date posted: October 27, 2010 ; Last revised: February 9, 2011

Suggested Citation

Brown, Darryl K., American Prosecutors’ Powers and Obligations In the Era of Plea Bargaining. TRANSNATIONAL PERSPECTIVES ON PROSECUTORIAL POWER, Erik Luna, ed., Forthcoming; Virginia Public Law and Legal Theory Research Paper No. 2010-39. Available at SSRN: http://ssrn.com/abstract=1696079

Contact Information

Darryl K. Brown (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States

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