Acceptance of Responsibility and Plea Bargaining Under the Feeney Amendment

Abstract

This Article considers Congress's amendment to the Acceptance of Responsibility provision of the Federal Sentencing Guidelines and its implications for plea bargaining. Various aspects of the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act (PROTECT Act), known broadly as the Feeney Amendment, have been criticized but few commentators have considered its effects on "acceptance of responsibility." This Article argues that this element of the amendment may be the most far-reaching insofar as it will further alter the balance of power between the defense and prosecution in federal criminal plea bargaining.