POLICY GUIDELINES - EXERCISE OF PROSECUTORIAL DISCRETION

• NCJ Number: 65163
• Journal: Prosecutor Volume: 15 Issue: 2 Dated: (NOVEMBER/DECEMBER 1979) Pages: 132-136
• Author(s): K E NORTH
• Date Published: 1979
• Length: 5 pages
• Corporate Author: National District Atorneys Assoc
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

PROPOSED POLICY GUIDELINES FOR THE OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LAW, TERRITORY OF GUAM, ARE PRESENTED AS A MODEL FOR PROSECUTORIAL DISCRETION, A MOST CRITICAL PART OF THE PROSECUTOR'S FUNCTION.

Abstract

THE POLICY GUIDELINES DELINEATE THE DISCRETION EXERCISABLE BY THE PROSECUTION. THE POLICIES IDENTIFY THOSE AREAS WHERE PROSECUTORIAL DISCRETION HAS BEEN RECENTLY USED BY THE OFFICE OF THE ATTORNEY GENERAL OF GUAM. WHERE SUCH EXERCISE OF DISCRETION IS PROPERLY A PROSECUTORIAL FUNCTION, PARAMETERS, GUIDELINES, AND ACCOUNTABILITY ARE ESTABLISHED. WHERE FORMERLY EXERCISED DISCRETION OR ACTIVITY IS NOT PROPERLY WITHIN THE SCOPE OF PROSECUTORIAL FUNCTION, SUCH DISCRETION IS ELIMINATED. THE OBJECTIVE OF THE POLICIES IS TO CLEARLY DEFINE THE PROSECUTORIAL ROLE AND TO AID IN ADMINISTERING JUSTICE EVENHANDEDLY. JUSTICE SHOULD NOT FLUCTUATE UPON THE IDENTITY OF A PARTICULAR PROSECUTOR. THUS, UNIFORM POLICIES MUST BE ESTABLISHED. THE GUIDELINES COVER PRECHARGE INVOLVEMENT OF PROSECUTORS, THE DECISION TO PROSECUTE, BAIL RECOMMENDATIONS, PLEA NEGOTIATIONS, PRETRIAL GUIDELINES, SENTENCE NEGOTIATIONS, AND PRESS RELATIONS. (PRG)