NCJ Number
94166
Date Published
1984
Length
247 pages
Annotation
This guide provides prosecutors with the knowledge necessary for the informed exercise of discretion in influencing bail bond, sentencing, parole, and penal-designation decisions.
Abstract
Although the discussion focuses almost exclusively on drug prosecutions, the information provided should be of value to all members of the Federal law enforcement community. In addition to analyzing the current state of the law regarding the issues discussed, the guide provides practical advice supplemented by copies of appropriate pleadings used in litigation conducted by prosecutors from the Narcotic and Dangerous Drug Section of the U.S. Justice Department. Information pertaining to bail focuses on denial of bond, realistically high bonds, ''Nebbia motions,' trials in absentia after the defendant has absconded, and bond during the appellate process. The discussion of sentence enhancement covers double penalties, cases involving over 1,000 pounds of marihuana, consecutive sentences, special parole terms, and dangerous special drug offenders. The section on parole eligibility considers sentence types, parole guidelines, and information considered by the parole commission. Consideration of penal designation focuses on the determination of the appropriate level of security required for an offender as well as the designation of a particular institution within the security level. This section explains some of the factors the Bureau of Prisons considers in classifying prisoners and indicates how the Federal prosecutor can properly influence this decision. A total of 337 notes are included. The appendixes contain various sampled motions and forms. A table of cases is included as well.