NCJ Number
15260
Date Published
1974
Length
435 pages
Annotation
RULES RELATIVE TO THE PROSECUTION OF ALL FELONIES AND MISDEMEANORS PUNISHABLE BY INCARCERATION.
Abstract
THE AMERICAN BAR ASSOCIATION STANDARDS FOR CRIMINAL JUSTICE, THE AMERICAN LAW INSTITUTE MODEL CODE OF PREARRAIGNMENT PROCEDURE, THE STANDARDS PROMULGATED BY THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS, AND THE FEDERAL RULES OF CRIMINAL PROCEDURE AND ITS AMENDMENTS, BOTH ADOPTED AND PROPOSED, WERE EXAMINED AND WERE INFLUENTIAL IN THE PREPARATION OF THESE RULES. IN ADDITION, THE COMMITTEE HAS DIRECTED PARTICULAR ATTENTION TO THE CRIMINAL PROCEDURE RULES OR CODES OF 14 STATES, BASED ON THE RECENCY OF CODIFICATION ADOPTION, LEADING POSITION OF THE STATE IN THE AREA OF LAW IN GENERAL AND LEGISLATION IN PARTICULAR, AND GEOGRAPHICAL BALANCE. THE COMMITTEE ALSO TOOK INTO ACCOUNT PROVISIONS OF OTHER STATES, JUDICIAL DECISIONS, PARTICULARLY THOSE OF THE UNITED STATES SUPREME COURT, SECONDARY MATERIALS, AND PROPOSED RULES UNDER CONSIDERATION BY COMMITTEES IN VARIOUS STATES. AMONG THE MAJOR POLICIES PURSUED IN DEVELOPING THESE RULES ARE THE FOLLOWING: ELIMINATING UNNECESSARY DETENTION BEFORE AND DURING TRIAL, CENTRALIZING THE RESPONSIBILITY FOR INITIATION AND CONTROL OF CRIMINAL PROSECUTIONS IN THE PROSECUTOR, ELIMINATING UNNECESSARY USE OF THE COURT'S TIME, AND PROVIDING BROAD DISCOVERY TO BOTH PROSECUTION AND DEFENSE. THE ORGANIZATION OF THE DOCUMENT IS DESIGNED TO BE CHRONOLOGICAL FOR THE TYPICAL CASE, I.E., ARTICLES RELATED TO ARREST THROUGH THOSE RELATING TO SENTENCING AND JUDGMENT. (SNI ABSTRACT)