NCJ Number
25095
Journal
American Criminal Law Review Volume: 12 Issue: 3 Dated: (WINTER 1975) Pages: 421-426
Date Published
1975
Length
6 pages
Annotation
APPLICATIONS OF THE AMERICAN BAR ASSOCIATION STANDARDS FOR THE TRIAL COURT JUDGE, COVERING SUCH AREAS AS CORRECT JUDICIAL PROCEDURES, REGULATION OF PROSECUTION AND DEFENSE BEHAVIOR, AND THE MAINTENANCE OF COURTROOM ORDER.
Abstract
IT IS STATED THAT MOST REVERSALS AND CRITICISM COME FROM THE ABUSE OF JUDICIAL DISCRETION, AND THAT THE STANDARDS ADVANCED BY THE AMERICAN BAR ASSOCIATION PROVIDE GUIDANCE IN AREAS WHERE DISCRETION IS BROAD. THE AUTHOR RECOMMENDS THAT SEVERAL OF THESE STANDARDS BE KEPT READILY AVAILABLE TO THE TRIAL JUDGE. ESPECIALLY IMPORTANT ARE THE STANDARDS CONCERNING: PRETRIAL RELEASE; DISCOVERY AND PROCEDURE BEFORE TRIAL; FAIR TRIAL AND FREE PRESS; PLEAS OF GUILTY; JOINDER AND SEVERANCE; SPEEDY TRIAL; TRIAL BY JURY; PROSECUTION AND DEFENSE FUNCTION; SENTENCING ALTERNATIVES AND PROCEDURES; PROBATION; POST-CONVICTION REMEDIES; AND THE FUNCTION OF THE TRIAL JUDGE. IT IS ALSO RECOMMENDED THAT THE JUDGE INSTRUCT COUNSEL THAT HIS COURT OPERATES UNDER THESE STANDARDS, THUS PROVIDING CLEAR GUIDELINES TO ALL CONCERNED AS TO THE PROPER BEHAVIOR IN HIS COURT. SPECIFIC APPLICATIONS OF THE STANDARDS TO COMMON COURTROOM PROBLEMS ARE REVIEWED.