DoJ News

As requested, here is a copy of the Holder MemoAnd here are the highlights:

Instead of demanding that prosecutors must charge the most serious offense the new language directs prosecutors to “ordinarily” charge the most serious offense.

Charging decisions are now to “be informed by reason …”  

 Prosecutors now should make an “Individual assessment” of the extent to which particular charges fit the specific circumstances of the case…”

 Plea agreements are now also “informed by an individualized assessment of the specific facts and circumstances of each case.”

 Prosecutors are to seek sentences within the guidelines in “typical” cases…. “But consistent with the Principles of Federal Prosecution and given the advisory nature of the guidelines, advocacy at sentencing – like charging decisions and plea agreements – must also follow from an individualized assessment of the facts and circumstances of each particular case…”

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