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PROSECUTORIAL DISCRETION AND ITS IMPACT ON A DEFENDANT’S FIFTH AND FOURTEENTH AMENDMENT RIGHTS

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Date Issued:
2022
Abstract/Description:
Prosecutors have high levels of discretion. Responsibilities of a prosecutor range from appropriate charging decisions to safeguarding principal criminal procedures. Understanding prosecutorial discretion is crucial since most convictions result from guilty pleas. Social scientists have analyzed empirical data on the influence of extra-legal characteristics during initial charging and sentencing stages. However, few have examined the interaction between case law and empirical research regarding a prosecutor’s perception concerning a defendant’s rights throughout case processing. Consequently, not much is known about how prosecutorial discretion impacts a defendant’s constitutional rights under the fifth and fourteenth amendments, specifically the Due Process and Equal Protection Clauses. This thesis evaluates prosecutorial discretion and provides a comprehensive analysis of how laws shape sociological theories and legal concepts. Implications of these analyses are discussed through the context of case law, theory, and research.
Title: PROSECUTORIAL DISCRETION AND ITS IMPACT ON A DEFENDANT’S FIFTH AND FOURTEENTH AMENDMENT RIGHTS.
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Name(s): Gorman, Hannah Nicole , author
Cesar, Gabriel , Thesis advisor
Florida Atlantic University, Degree grantor
School of Criminology and Criminal Justice
College of Social Work and Criminal Justice
Type of Resource: text
Genre: Electronic Thesis Or Dissertation
Date Created: 2022
Date Issued: 2022
Publisher: Florida Atlantic University
Place of Publication: Boca Raton, Fla.
Physical Form: application/pdf
Extent: 102 p.
Language(s): English
Abstract/Description: Prosecutors have high levels of discretion. Responsibilities of a prosecutor range from appropriate charging decisions to safeguarding principal criminal procedures. Understanding prosecutorial discretion is crucial since most convictions result from guilty pleas. Social scientists have analyzed empirical data on the influence of extra-legal characteristics during initial charging and sentencing stages. However, few have examined the interaction between case law and empirical research regarding a prosecutor’s perception concerning a defendant’s rights throughout case processing. Consequently, not much is known about how prosecutorial discretion impacts a defendant’s constitutional rights under the fifth and fourteenth amendments, specifically the Due Process and Equal Protection Clauses. This thesis evaluates prosecutorial discretion and provides a comprehensive analysis of how laws shape sociological theories and legal concepts. Implications of these analyses are discussed through the context of case law, theory, and research.
Identifier: FA00013915 (IID)
Degree granted: Thesis (MS)--Florida Atlantic University, 2022.
Collection: FAU Electronic Theses and Dissertations Collection
Note(s): Includes bibliography.
Subject(s): Prosecutorial discretion
Prosecution--Decision making
Civil rights
Prosecutorial misconduct
Persistent Link to This Record: http://purl.flvc.org/fau/fd/FA00013915
Use and Reproduction: Copyright © is held by the author with permission granted to Florida Atlantic University to digitize, archive and distribute this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.
Use and Reproduction: http://rightsstatements.org/vocab/InC/1.0/
Host Institution: FAU
Is Part of Series: Florida Atlantic University Digital Library Collections.