NCJ Number
47705
Date Published
1978
Length
4 pages
Annotation
A JUSTICE OF THE U.S. SUPREME COURT DISCUSSES IMPROVEMENTS IN AND MODERNIZATIONS OF CRIMINAL COURTS IN THE UNITED STATES.
Abstract
THE DISCUSSION TOUCHES ON IMPLEMENTATION OF THE AMERICAN BAR ASSOCIATION (ABA) STANDARDS FOR CRIMINAL JUSTICE AND THE CLIMATE THAT LED TO FORMULATION OF THE STANDARDS, THE SPEEDY TRIAL ACT OF 1974 AND ITS LIKELY IMPACT ON THE CRIMINAL COURTS, AND APPROACHES TO IMPROVING ADVOCACY IN THE CRIMINAL COURTS. IT IS POINTED OUT THAT THE ABA STANDARDS ARE NOT A FIXED SET OF RULES TO BE FORCED ON THE STATES, BUT RATHER GUIDELINES FOR MODERNIZING OUTDATED CRIMINAL JUSTICE SYSTEMS. THE BASIC PROVISIONS OF THE SPEEDY TRIAL ACT ARE REVIEWED, AND THE STATUTE'S POTENTIAL FOR FACILITATING GREATER USE OF SUCH PROCEDURAL TECHNIQUES AS THE OMNIBUS HEARING FOR PRETRIAL MOTIONS IS DISCUSSED. THE CONTRIBUTIONS OF AUTOMATED LEGAL AND MANAGEMENT INFORMATION SYSTEMS TO THE ABILITY OF COURTS TO COMPLY WITH SPEEDY TRIAL PROVISIONS ARE NOTED, AS IS THE NEED FOR CONGRESS TO COMMIT ADEQUATE RESOURCES TO ENFORCE THE STATUTE. THE PROBLEM OF INADEQUATE ADVOCACY IN CRIMINAL CASES IS POINTED OUT AND LINKED TO CERTAIN ASPECTS OF LAW SCHOOL EDUCATION (E.G., LACK OF OPPORTUNITY TO DEVELOP TRIAL AND APPELLATE ADVOCACY SKILLS). GREATER USE OF CLINICAL COURSES IN LAW SCHOOLS IS URGED. A LIST OF REFERENCES IS INCLUDED. (LKM)