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Prosecutorial Discretion as an Ethical Necessity: The Ashcroft Memorandum's Curtailment of the Prosecutor's Duty to 'Seek Justice'

42 Pages Posted: 9 Feb 2005  

Amie N. Ely

Cornell Law School (JD 2005)

Abstract

This Note examines the various ethical considerations that guide prosecutors in exercising their discretion and the ways in which the Ashcroft Memorandum curtails that discretion. The goal is to evaluate the extent to which abiding by the Ashcroft Memorandum's requirements may force a prosecutor to behave unethically.

Keywords: Prosecutor, prosecutors, prosecutorial discretion, defense attorneys, defendant, defendant, government, ethics, ashcroft, blakely, booker, fanfan, ABA, ethics, morals, sentences, sentencing, criminal, crime, comey

JEL Classification: K00, K14, K39, K40, K41, K42, K49

Suggested Citation

Ely, Amie N., Prosecutorial Discretion as an Ethical Necessity: The Ashcroft Memorandum's Curtailment of the Prosecutor's Duty to 'Seek Justice'. Cornell Law Review, Vol. 90, p. 237, 2004. Available at SSRN: https://ssrn.com/abstract=664281

Amie N. Ely (Contact Author)

Cornell Law School (JD 2005) ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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