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COMPARATIVE STUDY OF THE AMERICAN BAR ASSOCIATION'S STANDARDS FOR CRIMINAL JUSTICE WITH PRESENT DELAWARE LAW

NCJ Number
46706
Author(s)
ANON
Date Published
1976
Length
375 pages
Annotation
STANDARDS FOR OPERATION AT EACH STAGE OF A CRIMINAL PROCEEDING ARE COMPARED WITH DELAWARE'S CONSTITUTION, STATUTES, AND COURT RULES AND PRACTICES.
Abstract
THE GENERAL AREAS COVERED BY THE STANDARDS ARE INVESTIGATIONS AND PROCEEDINGS BEFORE TRIAL, THE CRIMINAL TRIAL, SENTENCING AND PROBATION, POSTCONVICTION PROCEDURES, AND THE PERSONNEL OF THE CRIMINAL JUSTICE SYSTEM. EACH STANDARD APPROVED BY THE AMERICAN BAR ASSOCIATION IS PRESENTED, FOLLOWED BY A COMPARATIVE ANALYSIS OF THE STANDARD WITH REGARD TO DELAWARE'S LEGALLY CONSTITUTED PROCEDURES. SOME COMMENTARY IS PROVIDED. IN A NUMBER OF CASES WHERE DELAWARE LAW DOES NOT CONFORM WITH THE AMERICAN BAR ASSOCIATION STANDARDS, RECOMMENDATIONS ARE PRESENTED FOR UPDATING DELAWARE LAW, WHILE IN OTHER CASES, THE STANDARD IS SPECIFICALLY REJECTED. IT IS NOTED THAT SUCH RECOMMENDATIONS SHOULD BE VIEWED AS HIGHLY TENTATIVE. (RCB)