NCJ Number
70615
Journal
Criminologie Volume: 11 Issue: 2 Dated: (1978) Pages: 25-41
Date Published
1978
Length
17 pages
Annotation
The principles underlying the standards of conduct recommended by a special commission of the American Bar Association are outlined to provide guidelines for reform of standards in Quebec.
Abstract
The proposals relate to administrative standards for the police, professional ethics, and standards for the application of criminal justice. To establish police standards, the commission must weigh factors that bear on realization of police objectives, responsibilities involved in achieving objectives, and criteria for police action at the local, regional, and federal levels. The principles of professional ethics entail a theoretical approach to the accusatory and inquisitory system as well as to the roles of the prosecutor and defender. The commission study details the functions of attorneys in relation to all parties involved in court proceedings and standards for each step of the process, as well as the specific role of defense attorneys. These rules are necessary because of recent reforms such as decriminalization and payment of legal assistance fees by government. The section of the commission study on reforms in the application of criminal justice describes the relationship of attorneys, judges, and probation officers with the press, confidentiality for each step of the process, and rules regarding preventive detention and bail. A maximun of 5 years imprisonment for serious crimes, with longer sentences only for recidivists, is proposed. The report attaches importance to presentence background investigations and sentencing criteria, to judges' autonomy in dealing with cases, to defense attorneys' obligation to obtain social assistance for clients, and to use of fines only under specifically defined circumstances according to exact formulas, and to increased efficiency and responsibility of criminal justice officials. Various procedures for revising sentences and appeals are discussed thoroughly in the commission report. However, no recommendations are made on appeals expenses. The document is declared useful for planning and normalization. Notes and a 14-item bibliography are supplied.--in French.