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Advice for prosecutors in an advisory guidelines world

By Douglas A. Berman

A thoughtful readers sent me this BePress link to what seems to be a thoughtful article about post-Booker prosecutorial discretion.  The article by Alex Whiting is titled, ?How Prosecutors Should Exercise Their Discretion Now that the Sentencing Guidelines are Advisory,? and here is the abstract: Since shortly after the implementation of the Sentencing Guidelines, the Department of Justice has sought to constrain the discretion of prosecutors at the charging, plea-bargain and sentencing phases in order to ensure the faithful application of the Guidelines. The latest manifestation of this policy is the so-called "Ashcroft Memorandum," which requires prosecutors to charge and pursue the most serious, readily provable offense and advocate a Guideline sentence in nearly all cases...continue to full post

Full post as published by Sentencing Law and Policy on April 08, 2009 (boomark / email).