NCJ Number
148052
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 4 Dated: (Winter 1993) Pages: 744-772
Date Published
1993
Length
29 pages
Annotation
This Note examines the Federal Sentencing Guidelines, specifically in relation to reduction of sentences below statutory or guideline minimums, in addition to the background of prosecutorial discretion.
Abstract
In Wade v. United States, the United States Supreme Court held that a prosecutor's decision not to file a motion for a reduction of sentence based on a defendant's substantial assistance to the government is reviewable by district courts. While Justice Souter, writing for the majority, does potentially put a cap on prosecutorial discretion in this area, he fails to clear up much of the confusion that had been accumulating in the lower courts. This Note explains the lack of clear standards set forth by the Wade decision and the possible dangers that accompany this ambiguity. Finally, this Note predicts the impact Wade is likely to have both on future courts facing similar issues and on the role of prosecutors and defendants in the plea-bargaining arena. Footnotes