Comment. In the federal criminal justice system, prosecutors have considerable discretion in deciding when, who, how and even whether to prosecute clear violations of federal criminal law. The prosecutor`s broad discretion in areas such as initiating or withholding prosecutions, selecting or recommending certain charges, and ending prosecutions by accepting guilty pleas has been recognized by the courts on numerous occasions. See, e.g., United States v. LaBonte, 520 U.S. 751, 762 (1997); Oyler v. Boles, 368 U.S. 448 (1962); United States v. Fokker Services B.V., 818 F.3d 733, 741 (D.C. Cir. 2016); Newman v.
United States, 382 F.2d 479 (D.C. Cir. 1967); Powell v. Ratzenbach, 359 F.2d 234 (D.C. Cir. 1965). This discretion exists because of the Attorney`s status as a member of the executive branch and the President`s responsibility under the Constitution to ensure that the laws of the United States are « faithfully executed. » Const. of the United States II § 3.
See Nader v. Saxbe, 497 F.2d 676, 679 n. 18 (D.C. Cir. 1974). Given that federal prosecutors have a wide margin of appreciation in making important decisions regarding the application of a national criminal justice system, it is desirable, in the interest of fair and efficient administration of justice, that all federal prosecutors be guided by a policy statement summarizing reasonable considerations and desirable practices. in the exercise of their criminal responsibility. These principles of the Office of the Federal Attorney provide federal prosecutors with an explanation of the policy and practice of the Office of the United States Attorney. As such, they are intended to promote the reasoned exercise of law enforcement power and to contribute to the fair and equitable application of federal criminal laws. The prosecutor should not enter into a non-prosecution agreement in exchange for the cooperation of a person without first obtaining the consent of the appropriate Deputy Attorney General if: In determining whether a prosecution would be in the important federal interest, the government prosecutor should weigh all relevant considerations, including: The decision to prosecute represents a political judgment according to which the The interests of society require the application of federal criminal law to a specific set of circumstances – recognizing both that serious violations of federal law must be prosecuted and that prosecutions have far-reaching consequences for the accused, victims of crime and their families, whether or not a conviction is pronounced. Other decisions of the Public Prosecutor`s Office may be just as important. Decisions, for example, on specific charges or on procedural orders do determine the extent of sanctions that can be imposed for criminal conduct.
The rare decision to accept nolo contendere`s objections may affect the success of related civil actions for damages. And the government`s position during the criminal case will help the court impose a sentence consistent with 18 U.S.C. § 3553(a). A prosecutor is a legal representative of the prosecution in states with the common law adversarial system or the civil law inquisition system. The Public Prosecutor`s Office is the legal party responsible for presenting the case in criminal proceedings against a person accused of breaking the law. As a rule, the prosecutor represents the State or Government in the case against the accused. These principles of the Federal Prosecutor`s Office were developed to structure the decision-making process of government lawyers. In most cases, they have been formulated in general terms to provide guidance, not to prescribe outcomes.
The intention is to ensure regularity without regulation and to prevent unjustified inequalities without sacrificing the necessary flexibility. Comment. JM 9-27.640 identifies special cases that require the approval of non-prosecution agreements by the appropriate Deputy Attorney General. Paragraph 1 applies to cases where existing departmental legislation and policies require that the Attorney General, Deputy Attorney General or Deputy Attorney General be consulted or consent with respect to certain types of offences before the prosecution is dismissed or charges are dismissed. See, for example, JM 6-4.245 (tax offences); JM 9-41.010 (bankruptcy fraud); JM 9-90.020 (crimes related to national security); (See JM 9-2.400 for a complete list of all previous approval and consultation requirements). A non-prosecution agreement is similar to a refusal to prosecute or the dismissal of an indictment, since the end result is similar in each case: a person who has engaged in criminal activity will not be prosecuted or will not be fully prosecuted for their crime. Accordingly, government counsel should obtain the consent of the appropriate Deputy Attorney General before agreeing not to prosecute in all cases where consultation or approval would be required for a refusal to prosecute or the dismissal of an indictment. Paragraph 2 specifies other situations in which the prosecutor should seek the consent of a Deputy Attorney General to a proposed non-prosecution agreement in exchange for cooperation. In general, the situations described are exceptional or extremely sensitive, or involving individuals or issues of overriding public interest. In a case covered by this provision that appears to be particularly sensitive, the Deputy Attorney General should, for his part, consider whether it would be appropriate to inform the Attorney General or the Deputy Prosecutor General. If a prosecution is to be concluded on the basis of a plea agreement, the defendant should be obliged to plead for an indictment or charges: In early English history, victims of crime and their families had the right to hire a private lawyer to bring criminal proceedings against the person who allegedly injured the victim.
[28] In the 18th century, the prosecution of almost all crimes in England was private, mainly by the victim. [29] In colonial America, officials dominated the prosecution of crimes due to Dutch (and possibly French) practice and the expansion of the Attorney General`s Office.