NCJ Number
48430
Date Published
1978
Length
23 pages
Annotation
IN CHAPTER 21, OF THE AMERICAN BAR ASSOCIATION STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE, AND STANDARDS RELATING TO ISSUES ARISING FROM THE CRIMINAL APPEAL PROCESS ARE PRESENTED.
Abstract
THESE STANDARDS REPRESENT A REVISION OF THE ORIGINAL STANDARDS PUBLISHED IN 1967. ADDITIONAL INFORMATION PRESENTED IN CONJUNCTION WITH EACH INCLUDES A BRIEF HISTORY OF THE STANDARD, RELATED STANDARDS, AND A COMMENTARY EXAIMINING RELEVANT ISSUES AND THE RATIONALE BEHIND THE PROPOSED STANDARD. IT IS PROPOSED THAT THE RIGHT TO APPEAL A CONVICTION IN A CRIMINAL CASE SHOULD EXIST FOR EVERY CRIMINAL CONVICTION. THE PURPOSES OF CRIMINAL APPEALS AT THE APPELLATE COURT LEVEL ARE OUTLINED, AND LIMITATIONS ON DEFENDANTS' APPEALS ARE DISCUSSED WITHIN THE CONTEXT OF FINAL JUDGMENTS AND INTERLOCUTORY APPEALS. SITUATIONS IN WHICH PROSECUTION APPEALS SHOULD BE PERMITTED ARE DELINEATED. PROCEDURES AND ISSUES RELATING TO THE TRANSITION FROM TRIAL COURT TO APPEAL COURT ARE ADDRESSED, AND INCLUDE THE FOLLOWING: NOTICE OF APPEAL, DUTIES OF TRIAL COUNSEL, UNACCEPTABLE INDUCEMENTS AND DETERRENTS TO TAKING APPEALS, PROCEDURAL DEVICES INTENDED TO ELIMINATE FRIVILOUS APPEALS BEFORE A DETERMINATION OF MERIT, AND RELEASE PENDING APPEAL. IN REGARD TO PROCESSING OF APPEALS, STANDARDS ARE SET FORTH PERTAINING TO SUPERVISION DURING CASE PREPARATION, COUNSEL FOR DEFENDANT-APPELLANT, PREPARATION OF RECORDS FOR APPEALS, AND TECHNIQUES FOR EXPEDITING THE HANDLING OF APPEALS. FOOTNOTES ARE PROVIDED. (JAP)