Federal plea bargains draw fire; 'Brady waivers' aim to make deals stick, but defense lawyers balk

Article Abstract:

Issues regarding the Brady waiver, stipulating that a federal criminal defendant cannot withdraw from a plea bargain even if later exculpatory or witness impeachment evidence appears, are discussed.

Laws, regulations and rules, Federal courts, Plea bargaining, Criminal procedure

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Sentences dip below guidelines more often; some lawmakers accuse federal judges of abusing the system

Article Abstract:

The statistics compiled by the US Sentencing Commission indicating a 17% increase in sentences falling below ranges set by the US sentencing guidelines. The Justice Department has been accused of reluctance to appeal such cases.

Analysis, Judicial discretion

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Sentencing body to get nominees; vacancies cloud guidelines, leading to disparities

Article Abstract:

The US Sentencing Commission has no members in mid-1999 and has not had a four-member quorum for a year, and sentencing guidelines dealing with the criminal law on child sexual abuse, identity theft and telemarketing guidelines has gone without guidelines, while sentencing disparities among the federal circuits have been allowed to grow. Judges use the stopgap of determining sentences under the new statutes by using guidelines for similar crimes as a measure. Likely candidates for the commission are listed.

Membership, United States. Sentencing Commission

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