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

New York University Law Review, Vol. 75, 2000

St. John's Legal Studies Research Paper No. 08-152

74 Pages Posted: 29 Sep 2008 Last revised: 1 Oct 2008

Michael A. Simons

St. John's University School of Law

Date Written: September 25, 2008

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.

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: https://ssrn.com/abstract=1273600

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

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