PATTERN RULES OF COURT AND CODE PROVISIONS - REVISED EDITION

• NCJ Number: 63237
• Author(s): P E WILSON
• Date Published: 1976
• Length: 425 pages
• Grant Number(s): 75-DF-99-0062
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Assoc
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

BASED ON THE AMERICAN BAR ASSOCIATION STANDARDS FOR CRIMINAL JUSTICE, THIS VOLUME IS DESIGNED FOR DRAFTING AGENCIES TO USE IN DEVELOPING OR REVISING CODES, RULES, AND STATUTES GOVERNING PROCEDURE IN CRIMINAL CASES.

Abstract

SUGGESTED DRAFTS ARE PRESENTED WHICH TRANSLATE MOST OF THE STANDARDS INTO RULE OR STATUTE FORMS. RULES INCLUDED RELATE TO STANDARDS COVERING THE PROSECUTION FUNCTION, THE DEFENSE FUNCTION, DEFENSE SERVICES, THE FUNCTION OF THE TRIAL JUDGE, PRETRIAL RELEASE, DISCOVERY AND PROCEDURE BEFORE TRIAL, SPEEDY TRIAL, JOINDER AND SEVERANCE, GUILTY PLEAS, JURY TRIALS, SENTENCING ALTERNATIVES AND PROCEDURES, PROBATION, APPELLATE REVIEW OF SENTENCES, CRIMINAL APPEALS, AND POSTCONVICTION REMEDIES. IN EACH PROPOSAL, REFERENCE IS MADE TO THE STANDARD ON WHICH THE RULE IS BASED; COMMENT ON THE PROPOSED RULES IS MINIMAL. IN ADDITION, FOR STATES CONCERNED WITH REVISION OR EVALUATION OF THEIR RULEMAKING PROCEDURES, A STUDY IS PRESENTED OF THE PROCEDURAL RULEMAKING POWER IN THE UNITED STATES PREPARED BY THE AMERICAN JUDICATURE SOCIETY IN 1973. AN EXAMINATION OF THE NATURE AND SOURCES OF THE POWER TO PRESCRIBE RULES OF PROCEDURES IS FOLLOWED BY AN ANALYSIS OF THE LAW AND PRACTICE IN EACH STATE, WITH QUOTATIONS FROM AND CITATIONS TO RELEVANT CONSTITUTIONAL PROVISIONS, STATUTES, AND CASES. FOOTNOTES ARE INCLUDED, AND AN APPENDIX CONTAINS SAMPLE ORDER AND MEMBERSHIP FORMS. (WJR)