Rewarding Defendant Cooperation Under the Federal Sentencing Guidelines: Judge vs. Prosecutors

• NCJ Number: 126987
• Journal: Criminal Law Bulletin Volume: 26 Issue: 5 Dated: (September-October 1990) Pages: 399-431
• Author(s): B C Mank
• Date Published: 1990
• Length: 33 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper discusses statutory limitations on a prosecutor's authority to reward a defendant for cooperating with the government in a criminal investigation or prosecution without judicial review. It analyzes the 18 USC and 35554(e) and Section 5K1.1 of the United States Sentencing Guidelines from the perspectives of due process and separation of powers.

Abstract

Some Federal courts claim that the statue and Section 5K1.1 violate due process and the separation of powers doctrine by transferring sentencing authority from judges to prosecutors. Also, these sections do not allow the defendants a process in which to challenge the prosecutorial decision or the judicial reviews. However, the courts of appeal firmly support the Federal government statute. It is concluded that the Supreme Court will probably reject constitutional challenges to Sections 3553(e) and 5K1.1 despite the restrictions on the judicial branch. However, a modification of these guidelines is suggested in order to allow judicial review of executive branch decisions regarding sentencing reduction. 140 notes (Author abstract modified)