42 Pages Posted: 9 Feb 2005
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: 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