(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: (Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
Boston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support S's Ethical Duty to Support Sentencing ReformR. Michael CassidyBoston College Law School, michael.cassidy@bc.eduFollow this and additional works at: https://lawdigitalcommons.bc.edu/lsfpÔ* Part of the Criminal Law Commons, and the Criminal Procedure CommonsRecommended CitationR. Michael Cassidy. ‘(Ad (Ad)ministering Justice- A Prosecutors Ethical Duty to Support S)ministering Justice: A Prosecutor's Ethical Duty to Support Sentencing Reform.' Loyola University of Chicago Lav/ Journal 45, no.4 (2014): 981-1026.T(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
his Article is brought to you for free and open access by Digital Commons © Boston College Law School. It has been accepted for inclusion in Boston CoBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Saham bauer@bc edu.(Ad)ministering Justice: A Prosecutor’s Ethical Duty to Support Sentencing Reform© R. Michael Cassidy*This Article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice ” to go beyond seeking appro (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Spriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level—promoting criminal justi(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
ce policies that further broader societal ends. While other authors have explored the tensions between a prosecutor's adversarial duties and “ministerBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support S The author sets forth a new construct of what is required for a prosecutor to be a neutral, nonpartisan “administer of justice” in her legislative and public advocacy activities.Applying this paradigm to the ongoing national debate about sentencing reform, the author argues that a prosecutor's admi (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Snistrative responsibilities as a leader in the criminal justice establishment and her fiduciary responsibilities as a representative of the sovereign(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
should compel her to join in the effort to repeal mandatory minimum sentencing provisions for most drug and non-violent offenses. Not only are mandatoBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Snreviewable by courts. The author distinguishes his argument against mandatory minimum penalties from the so-called “Smart on Crime” movement, by grounding a prosecutor’s duty to promote sentencing reform in ethical reasoning as opposed to pragmatic or cost-savings considerations.• Professor and Dea (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Sn’s Research Scholar, Boston College Law School. My views on the issues discussed herein arc colored by my experience for approximately nine years as(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
a state prosecutor in Massachusetts, including service as Chief of the Criminal Bureau in the Office of the Attorney General. 1 am grateful to the BosBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Sble research assistance. I am also indebted to Pamela Hunt, Judy McMorrow, Daniel Mcdwcd, Steven Morrison, Paul McManus and Janet Moore for their very helpful comments on an earlier draft. All errors are my own.981982Loyola University Chicago Law Journal [Vol. 45A second important question the autho (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Sr addresses in this Article is how an ethical prosecutor should make plea bargaining decisions in the face of mandatory minimum prison terms that are(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
retained by the legislature. Even with political support from some of this nation s most conscientious prosecutors, state legislatures are unlikely toBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Sl assault—will likely stay on the books notwithstanding current calls for reform and the robust advocacy recommended above. In the second half of this Article, the author addresses the prosecutor’s ethical conduct in charging and plea bargaining crimes that carry mandatory prison terms. While there (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Shas been substantial legal scholarship to date that has decried the manner in which mandatory minimum penalties have transferred sentencing discretion(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
from judges to prosecutors, beyond that descriptive lament there has been very little attention paid to how exactly prosecutorial discretion might beBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support S minimum sentences through internal self-regulation; that is, by instituting and publishing clear office policies governing when line prosecutors may dismiss or reduce charges that carry them. He proposes specific guidelines that state prosecutors should adopt to ensure a consistent and even-handed (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Sapplication of mandatory minimum penalties, so that line prosecutors do not abuse the substantial discretion that has been afforded them in the plea b(Ad)ministering Justice- A Prosecutors Ethical Duty to Support S
argaining process.Table of ContentsIntroduction.............................................983I.Mandatory Minimum Sentences and the Problem of MassInBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor' (Ad)ministering Justice- A Prosecutors Ethical Duty to Support S........ 992A.Promoting Public Safety by Reducing Recidivism....997B.Avoiding Undue Coercion...........................999c. Reducing Discriminatory Impact....................1001D. Redirecting Financial Resources...................1006III.Mitigating Mandatory Minimums: a Prosecutor’sEthical Condu (Ad)ministering Justice- A Prosecutors Ethical Duty to Support Sct in Charge Bargaining.................1010Conclusion...............................................10252014](A djministering Justice983IntroductionBoston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor'Boston College Law SchoolDigital Commons @ Boston College Law SchoolBoston College Law School Faculty Papers2014(Ad)ministering Justice: A Prosecutor'Gọi ngay
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