NCJ Number
50233
Journal
American Bar Association Journal Volume: 64 Dated: (JULY 1978) Pages: 986-988
Date Published
1978
Length
3 pages
Annotation
PROPOSED CHANGES IN THE AMERICAN BAR ASSOCIATION STANDARDS ON THE ADMINISTRATION OF CRIMINAL JUSTICE ARE DISCUSSED.
Abstract
THE CHANGES ARE DESIGNED TO INSURE THAT THE STANDARDS' IMPACT ON THE IMPROVEMENT OF CRIMINAL JUSTICE ADMINISTRATION IN THE 1980'S WILL BE AS SIGNIFICANT AS IT WAS IN THE 1970'S. ORIGINAL STANDARDS WERE ESTABLISHED BY THE ASSOCIATION IN THE 1960'S WHEN THE 'CRIMINAL LAW REVOLUTION' WAS AT ITS PEAK. THE STANDARDS DEVELOPMENT PROCESS INVOLVED CONTRIBUTIONS OF LEADING JURORS, LAWYERS, AND LEGAL SCHOLARS. ILLUSTRATING THE IMPACT OF THE STANDARDS ARE THREE PROMINENT FACTS: (1) MORE THAN 6,000 APPELLATE OPINIONS HAVE CITED THE STANDARDS, INCLUDING MORE THAN 30 BY THE U.S. SUPREME COURT; (2) MORE THAN 80 PERCENT OF THE STATES HAVE UNDERTAKEN MAJOR CRIMINAL CODE REVISION EFFORTS THAT INCORPORATE SUBSTANTIAL PORTIONS OF THE STANDARDS; AND (3) MORE THAN 50 PERCENT OF THE STATES HAVE COMPLETED OR ARE UNDERTAKING MAJOR OR SUBSTANTIAL REVISIONS OF THEIR CRIMINAL PROCEDURE RULES. LANDMARK CASES THAT HAVE CHANGED CRIMINAL JUSTICE ADMINISTRATION ARE CITED. CHANGES IN THE FOLLOWING AREAS ARE PROPOSED: TRIAL BY JURY, SPEEDY TRIAL, SPECIAL FUNCTIONS OF THE TRIAL JUDGE, CRIMINAL APPEALS, POSTCONVICTION REMIDIES, APPELLATE REVIEW OF SENTENCES, ELECTRONIC SURVEILLANCE, JOINDER AND SEVERANCE, DISCOVERY AND PROCEDURE BEFORE TRIAL, AND FAIR TRIAL AND FREE PRESS. FIVE TASK FORCES HAVE ACCOMPLISHED THE WORK ON THESE CHANGES. THEIR MEMBERSHIP IS LISTED AND THE SCHEDULE FOR PRESENTING THE REVISED STANDARDS TO THE HOUSE OF DELEGATES OF THE AMERICAN BAR ASSOCIATION IS INCLUDED, AS ARE THE PUBLICATION PLANS FOR THE REVISED STANDARDS. (DEP)