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November 12 - iii Plea bargaining 1 Will defendant give...

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Prosecutorial Discretion A. What are the goals of prosecution a. Present evidence to build case of guilt. Control Crime. i. Specific deterrence ii. General deterrence b. Achieve due process – protecting rights (dismissal at early stage) c. Community Prosecution i. Started in early 1990s ii. Crime prevention iii. Involves working w/police and community leaders d. Improve the legitimacy of the office – can help lower recidivism according to Tom Tyler e. Personal goals and culture – determines decision making i. TAP – Goals/perception of function influences decision making more than just what is “illegal.” B. Prosecutorial Discretion Defended a. L&L. – power of prosecutions to enforce laws selectively b. Prosecutors can choose: i. Whether to build to case ii. Whether to arrest (federal cases)
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Unformatted text preview: iii. Plea bargaining 1. Will defendant give information 2. Mitigating or aggravating 3. Employment, gender iv. Sentence – prosecutors very involved c. Why (according to L&L) does discretion exist i. Practicality – too many crimes, criminals, cases ii. Over criminalization – too many behaviors are considered criminal iii. L&L sanctions are too harsh iv. Prosecutor wants to win v. Law enforcement consideration – information provided by defendant can help law enforcement vi. Public pressure/public opinion vii. Situational or case factors 1. Victims may push prosecutors 2. Defense may influence prosecutor 3. Characteristics of victims & suspects 4. How much police press prosecutors...
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