NCJ Number
60603
Date Published
1976
Length
663 pages
Annotation
THE AMERICAN BAR ASSOCIATION STANDARDS FOR CRIMINAL JUSTICE ARE COMPARED SECTION BY SECTION WITH NORTH CAROLINA RULES, LAWS, AND PRACTICES AS EFFECTIVE SEPTEMBER 1, 1975.
Abstract
MATERIALS COMPARED IN THIS WORK INCLUDE THE ABA STANDARDS; THE NORTH CAROLINA PRETRIAL CRIMINAL PROCEDURE ACT, CHAPTER 15A OF THE GENERAL STATUTES; NORTH CAROLINA LAW AS IT EXISTED PRIOR TO THE ACT; AND THE NATIONAL ADVISORY COMMISSION'S STANDARDS AND GOALS. THOSE PORTIONS OF CHAPTER 15A AND THE NATIONAL ADVISORY COMMISSION'S STANDARDS AND GOALS FOR WHICH THERE ARE NO CORRESPONDING ABA STANDARD ARE NOT INCLUDED. MATERIALS ARE ARRANGED ACCORDING TO FOUR COLUMN HEADINGS REPRESENTING THE FOUR WORKS COMPARED. RELEVANT TEXT SECTIONS ARE CITED. SUBJECT MATTER FOCUSES ON ELECTRONIC SURVEILLANCE, FAIR TRIAL AND FREE PRESS, PRETRIAL RELEASE, PROVIDING DEFENSE SERVICES, DISCOVERY AND PROCEDURE BEFORE TRIAL, AND SPEEDY TRIAL PROVISIONS. THOSE SECTIONS OF NORTH CAROLINA LAW WHICH WERE RECENTLY AMENDED OR REPEALED ARE MARKED RESPECTIVELY WITH AN 'A' OR AN 'R'. ADDITIONAL TOPICS INCLUDE JOINDER AND SEVERANCE, PROSECUTION AND FUNCTION, DEFENSE FUNCTION, THE JUDGE'S FUNCTION, GUILTY PLEAS, TRIAL BY JURY, SENTENCING ALTERNATIVES, PROBATION, APPELLATE REVIEW OF SENTENCES, CRIMINAL APPEALS, AND POSTCONVICTION REMEDIES. TEXT ARRANGEMENT FACILITATES RAPID COMPARISON OF LAWS AND STANDARDS. FOR EXAMPLE, THE ABA HAS ESTABLISHED STANDARDS REGARDING OVERHEARING OR RECORDING WITHOUT CONSENT OF THE PARTIES INVOLVED. THIS INFORMATION IS PRESENTED IN THE FIRST COLUMN UNDER ABA STANDARDS. IN THE REMAINING THREE COLUMNS, NO INFORMATION APPEARS BECAUSE NO COMPARABLE NORTH CAROLINA LAW, SECTIONS OF THE NORTH CAROLINA PRETRIAL CRIMINAL PROCEDURE ACT, OR COMMISSION STANDARDS EXIST. AN INDEX AND AN APPENDIX ARE PROVIDED. (LWM)