APPELLATE COURT USE OF THE AMERICAN BAR ASSOCIATION STANDARDS FOR CRIMINAL JUSTICE

• NCJ Number: 25094
• Journal: American Criminal Law Review Volume: 12 Issue: 3 Dated: (WINTER 1975) Pages: 415-420
• Author(s): J G DAY
• Date Published: 1975
• Length: 6 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF THE MANNER IN WHICH APPELLATE COURTS MAY USE LEGAL COMMENTARIES SUCH AS THESE STANDARDS TO MODIFY OR OVERRULE EXISTING PRECEDENTS, WITH SAMPLE APPELLATE DECISIONS IN WHICH THESE STANDARDS HAVE BEEN CITED.

Abstract

THE AUTHOR STATES THAT ALTHOUGH COURTS IN THE UNITED STATES REGULARLY PROFESS THEIR ALLEGIANCE AND COMPELLED OBEISANCE TO THE DOCTRINE OF STARE DECISIS, PRECEDENT IS FREQUENTLY DISTINGUISHED OVERRULED, OR EVEN IGNORED. MORE FREQUENTLY, AN EXISTING RULE IS BENT OR STRETCHED TO MEET NEW FACTUAL SITUATIONS IN CONTROVERSIES WITHOUT EXACT PRECEDENT. IN SUCH SITUATIONS, PRIOR CASE LAW WITHIN THE JURISDICTION MAY BE HOLSTERED BY DECISIONS FROM OTHER JURISDICTIONS, BY TEXTS, AND BY COMMENTARIES LIKE THE STANDARDS. THE USE OF THESE STANDARDS IN RECENT CASE LAW IS REVIEWED. AMONG THE CASES CITED AS USING THE ABA STANDARDS IN THEIR DECISIONS ARE: STATE V. CASADO (NEBRASKA 1972), STAPLETON V. DISTRICT COURT (COLORADO 1972), AND STATE V. BIGLEY (IOWA 1972). (AUTHOR ABSTRACT MODIFIED)