Federal Prosecutors and the Power of the Attorney General
This chapter concentrates on federal prosecutions and the unique issues and problems they present. It begins by presenting the role of the federal prosecutor. The extent to which federal prosecutors in individual offices follow the policies and procedures in the U.S. attorneys' manual depends largely on the U.S. attorney in charge of each office. In sum, although the U.S. attorneys' manual seems to establish meaningful policies governing a broad range of criminal issues, its unenforceability renders it largely ineffective as a means of regulating prosecutorial power and discretion. There is no phenomenon better that illustrates the dire consequences of the exercise of federal prosecutorial discretion than the “War on Drugs”. Moreover, the influence of Booker on prosecutorial power is addressed. In addition, the chapter examines some of the decisions made by Richard Thornburgh and John Ashcroft.
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