Criminal Defense of Immigrants


§ 8.29 6. Fairness

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Prosecutors also have some interest in fairness, [72] so where a minor criminal conviction carries disproportionate immigration consequences, they can sometimes be persuaded to offer a non-deportable alternative.

[72] See ABA Standards Relating to Sentencing Alternatives and Procedures § 5.3(d)(iii) (1968) (prosecution must see justice is done, rather than seeking maximum sentence in every case); ABA Standards for Criminal Justice on the Prosecution Function, Standard 3-1.2(c) (1993).