Purpose

The principles of federal prosecution set forth herein are intended to promote the reasoned exercise of prosecutorial discretion by attorneys for the government with respect to:

Initiating and declining prosecution;

Selecting charges;

Taking a position on detention or release pending judicial proceedings;

Entering into plea agreements;

Opposing offers to plead nolo contendere;

Entering into non-prosecution agreements in return for cooperation; and

Participating in sentencing.

Comment.

Under the federal criminal justice system, the prosecutor has wide latitude in determining when, whom, how, and even whether to prosecute for apparent violations of federal criminal law. The prosecutor's broad discretion in such areas as initiating or foregoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by accepting guilty pleas has been recognized on numerous occasions by the courts.

See, e.g.

,

United States v. LaBonte,

520 U.S. 751, 762 (1997)

; Oyler v. Boles

, 368 U.S. 448 (1962);

United States v. Fokker Services B.V.,

818 F.3d 733, 741 (D.C. Cir. 2016);

Newman v. United States

, 382 F.2d 479 (D.C. Cir. 1967);

Powell v. Ratzenbach

, 359 F.2d 234 (D.C. Cir. 1965). This discretion exists by virtue of the prosecutor's status as a member of the Executive Branch, and the President's responsibility under the Constitution to ensure that the laws of the United States be "faithfully executed." U.S. Const. Art. II § 3.

See

Nader v. Saxbe

, 497 F.2d 676, 679 n. 18 (D.C. Cir. 1974).

Since federal prosecutors have great latitude in making crucial decisions concerning enforcement of a nationwide system of criminal justice, it is desirable, in the interest of the fair and effective administration of justice, that all federal prosecutors be guided by a general statement of principles that summarizes appropriate considerations to be weighed, and desirable practices to be followed, in discharging their prosecutorial responsibilities.

ng crucial decisions concerning enforcement of a nationwide system of criminal justice, it is desirable, in the interest of the fair and effective administration of justice, that all federal prosecutors be guided by a general statement of principles that summarizes appropriate considerations to be weighed, and desirable practices to be followed, in discharging their prosecutorial responsibilities.

Although these principles deal with the specific situations indicated, they should be read in the broader context of the basic responsibilities of federal attorneys: making certain that the general purposes of the criminal law—assurance of warranted punishment, deterrence of further criminal conduct, protection of the public from offenders, and rehabilitation of offenders—are adequately met, while making certain also that the rights of individuals are scrupulously protected.

[cited in

JM 9-2.031

,

JM 9-6.100

]

[updated January 2023]