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date: 29 May 2020

Abstract and Keywords

This article shows how charging and plea bargaining can be used as forms of sentencing discretion. It first examines the claims that prosecutorial charging and plea bargaining discretion is a form of sentencing power, which appear to be largely true of American legal systems. Next, it discusses negotiation terms used by government and defense concessions. It also takes a look at the systemic effects of party negotiations and identifies the objectives that prosecutors hope to gain by selecting and amending charges and their sentencing recommendations. This article ends with a section on the limitations of prosecutorial discretion.

Keywords: charging, plea bargaining, sentencing discretion, sentencing power, negotiation terms, concessions, effects of party negotiations, prosecutorial discretion

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