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Bargains without benefits: do the sentencing guidelines permit upward departures to redress the dismissal of charges pursuant to plea bargains?

Article Abstract:

Courts should not be allowed to use charges dismissed as a result of plea bargains as grounds for increasing punishment above the sentencing range set forth under the Federal Sentencing Guidelines. US Courts of Appeals have been split on the issue, and the US Supreme Court has refused to hear cases on the matter. Judges should not be allowed to take dismissed charges into consideration because doing so would undermine the plea bargaining process and adversely affect the efficiency of the criminal justice system.

Author: Komitee, Eric R.
Publisher: New York University Law Review
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1995
Plea bargaining

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Regionalization and interlocal bargains

Article Abstract:

The author examines the assumption that self-interested local government activity is the prime cause of inter-regional conflict and that central decision-making should be used to address such conflicts. He contends that problems with inter-regional relations could be best addressed though the use of informal cooperative bargains not requiring monitoring or enforcement.

Author: Gillette, Clayton P.
Publisher: New York University Law Review
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2001
United States, Management, Contracts, Local government, Regionalism

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"The integrity of the game is everything": the problem of geographic disparity in three strikes

Article Abstract:

The author argues that statistics show that the California mandatory minimum sentencing law is not enforced on a proportional basis across the state's counties. He proposes that the problem be remedied by revising the law to give county prosecutors a standard policy to follow.

Author: Bowers, Joshua E.
Publisher: New York University Law Review
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2001
California, Equality before the law, Equal protection, Powers and duties, Public prosecutors

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Subjects list: United States, Laws, regulations and rules, Mandatory sentences, Determinate sentences
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