how to cite aba standards for criminal justice

The prosecutor should consider seeking such funding from all appropriate sources. Fair trial and public discourse / [edited by Kevin Scruggs]. At the first appearance before a judicial officer where a prosecutor is present, the prosecutor should disclose information and material relating to the release determination that are in the prosecutors possession. If the defense presents a good-faith disagreement and the parties cannot quickly resolve it, the prosecutor should not act before judicial resolution. For out-of-print Standards, please contact Shamika Dicks,Administrative Assistant to the Standards Project. Absent a legitimate law enforcement purpose, the prosecutor should not display the accused for the media, nor should the prosecutor invite media presence during investigative actions without careful consideration of the interests of all involved, including suspects, defendants, and the public. (v) Any tangible objects, including books, papers, documents, photographs, electronically stored information, buildings, or places that were obtained from or belong to the defendant. The prosecutors office should assist in developing and administering training programs for law enforcement personnel regarding matters and cases being investigated, matters submitted for charging, and the law related to law enforcement activities. Within [14 days] of the filing of the formal charging document, the prosecutor should disclose to the defense all items listed in Standard 11-2.1(c). Before filing any motion addressing a request or dispute, the moving party should confer with opposing counsel in a good-faith effort to resolve the request or dispute. (d) A deposition so taken and any evidentiary material produced at such deposition may later be introduced in evidence, subject to applicable rules of evidence. (f) The prosecutor should consider the possibility of a noncriminal disposition, formal or informal, or a deferred prosecution or other diversionary disposition, when deciding whether to initiate or prosecute criminal charges. [Use the navigation bar on the left side to go to a specific Part.]. The prosecutors office should also be aware of the process used to select and summon the jury pool and bring legal deficiencies to the attention of the court. (g) A prosecutor should not agree to a guilty plea if the prosecutor reasonably believes that sufficient admissible evidence to support conviction beyond reasonable doubt would be lacking if the matter went to trial. The appellate prosecutor should not make or oppose arguments in an appeal without a reasonable legal basis. (b) The prosecutors opening statement at trial should be confined to a fair statement of the case from the prosecutors perspective, and discussion of evidence that the prosecutor reasonably believes will be available, offered and admitted to support the prosecution case. The prosecutor need not, however, invoke every possible defense to a collateral attack, and should consider potential negotiated dispositions or other remedies, if the prosecutor and the prosecutors office reasonably conclude that the interests of justice are thereby served. (b) A prosecutor should evaluate all expert advice, opinions, or testimony independently, and not simply accept the opinion of a government or other expert based on employer, affiliation or prominence alone. (j) The prosecutor should ensure that victims and witnesses who may need protections against intimidation or retaliation are advised of and afforded protections where feasible. (a) The prosecutor should not offer evidence that the prosecutor does not reasonably believe to be true, whether by documents, tangible evidence, or the testimony of witnesses. (b) The defense attorneys obligation to disclose defenses. (a) In order to fully implement the prosecutors functions and duties, including the obligation to enforce the law while exercising sound discretion, the prosecutor is not obliged to file or maintain all criminal charges which the evidence might support. The prosecutor should consider factors listed in Standard 3-4.4(a), and not be influenced in disposition discussions by inappropriate factors such as those listed in Standards 3-1.6 and 3-4.4(b). Absent agreement, counsel for the party having the burden of production should: (a) notify opposing counsel that material and information, described in general terms, may be disclosed, received, inspected, obtained, tested, copied, or photographed during specified reasonable times; and. (b) Defense. The prosecutor should seek to ensure that victims of serious crimes, or their representatives, are given timely notice of: (i) judicial proceedings relating to the victims case; (iv) any decision or action in the case that could result in the defendants provisional or final release from custody, or change of sentence. The defense attorney should disclose to the prosecution the following additional information and material for a pre-trial hearing in which evidence or witnesses will be presented: (i) All recorded statements of any witness to be called by the defense at the hearing that relate to the subject matter of the testimony of the witness. (a) Upon motion, either party should be permitted to conduct evaluations or tests of physical evidence in the possession or control of the other party which is subject to disclosure. An extrajudicial statement is any oral, written, or visual presentation not made either in a courtroom during criminal proceedings or in court filings or correspondence with the court or counsel regarding criminal proceedings. (f) The prosecutor should not display tangible evidence (and should object to such display by the defense) until it is admitted into evidence, except insofar as its display is necessarily incidental to its tender, although the prosecutor may seek permission to display admissible evidence during opening statement. WebABA standards for criminal justice by American Bar Association. The office should not go forward until a non-conflicted prosecutor, or an adequate waiver, is in place. (a) An expert may be engaged for consultation only, or to prepare an evidentiary report or testimony. (iii) the substance of a statement of any kind made by that person that is embodied or summarized in any writing or recording, whether or not specifically signed or adopted by that person. (c) The court should issue the order sought pursuant to subsection (a) above if it finds that: (i) the procedure specified may produce evidence that is material to the determination of the issues in the case; (ii) the procedure is reasonable and will be conducted in a manner which does not involve an unreasonable intrusion of the body or an unreasonable affront to the dignity of the defendant; and. For more information concerning the Criminal Justice Standards, please send email toShamika Dicks,Administrative Assistant to the Standards Project. (ix) Any material, documents, or information relating to lineups, showups, picture, voice, or other identification procedures that pertain to the case. (e) No unreasonable extra cost, time, or burden. (i) As soon as practicable after the start of discovery in a case involving substantial or complex ESI , the parties should confer about the nature, volume, and procedures for producing ESI. (a) When possible, the geographic jurisdiction of a prosecution office should be determined on the basis of population, caseload, and other relevant factors sufficient to warrant at least one full-time prosecutor and necessary support staff. ABA Standards for Criminal Justice Third Edition The prosecutor and prosecution agents should not misrepresent their status, identity or interests when communicating with a witness. Revised ABA Criminal Justice Standards A prosecutorial office should support such activities, and the offices budget should include funding and paid release time for such activities. The identity of a witness who provided information to the government in the case under a promise of confidentiality, and whose identity has been kept confidential. (a) The court should avoid disruption of the case in considering or imposing sanctions. (h) The prosecutor whose current relationship to another lawyer is parent, child, sibling, spouse or sexual partner should not participate in the prosecution of a person who the prosecutor knows is represented by the other lawyer. (a) In presenting a matter to a criminal grand jury, and in light of its ex parte character, the prosecutor should respect the independence of the grand jury and should not preempt a function of the grand jury, mislead the grand jury, or abuse the processes of the grand jury. After conferring, counsel should notify the court of discovery production issues or problems that they reasonably anticipate will significantly affect the case. Standard 11-7.2 Motion to determine compliance. Disclosure of the identity and statements of a person who will be called for the sole purpose of impeaching a prosecution witness should not be required until after the prosecution witness has testified at trial. (c) The motion and the order should specify the following information where appropriate: the authorized procedure; the scope of participation of the third party; the name or job title of the person who is to conduct the procedure; and the time, duration, place and other conditions under which the procedure is to be conducted. (iii) the request is reasonable and comports with applicable law. (a) As an officer of the court, the prosecutor should support the authority of the court and the dignity of the courtroom by adherence to codes of professionalism and civility, and by manifesting a professional and courteous attitude toward the judge, opposing counsel, witnesses, defendants, jurors, court staff and others. Prior to the entry of a guilty plea, the prosecutor should disclose to the defense information or material sufficient to support the charges in the proposed agreement, and information known to the prosecutor that tends to negate the guilt of the accused or mitigate the offense charged or sentence. (a) In closing argument to a jury (or to a judge sitting as trier of fact), the prosecutor should present arguments and a fair summary of the evidence that proves the defendant guilty beyond reasonable doubt. The prosecutor should not fix the amount of the fee contingent upon the experts testimony or the result in the case. (b) The prosecutors office should develop policies regarding the method and duration of preservation of such materials. (ii) After they confer, the parties should notify the court of unresolved issues concerning ESI. Disclosure of exhibits that will be used for the sole purpose of impeaching a prosecution witness should not be required until after the prosecution witness has testified at trial. How to Cite (APA) Sample APA 7 citation for the Occupational Outlook ABA standards for criminal justice A prosecutor should not pay or provide a benefit to a witness in order to, or in an amount that is likely to, affect the substance or truthfulness of the witnesss testimony. Such process should be issued if the court finds that: (1) the procedure is reasonable and will be conducted in a manner which does not involve an unreasonable intrusion of the body or an unreasonable affront to the dignity of the individual; and. (f) The prosecutor should make prompt efforts to identify and disclose to the defense any physical evidence that has been gathered in the investigation, and provide the defense a reasonable opportunity to examine it. (c) The prosecutor should know and abide by the standards of professional conduct as expressed in applicable law and ethical codes and opinions in the applicable jurisdiction. (iii) Prosecution general disclosure. Standard 11-3.4 Testing or evaluation by experts and preservation of evidence. When the prosecutor is aware of facts that would affect scheduling, the prosecutor should advise the court and, if the facts are case-specific, defense counsel. (b) Where feasible, the court should condition an order under subpart (a) so as to preserve the integrity of the material to be tested or evaluated. KF9670 .A93 1999 (Mapit) Available at Standard 11-2.5. (b) Motion to change timing of disclosure. Unless previously disclosed, the prosecutor should disclose to the defense the following information and material for a pre-trial hearing at which evidence or witnesses will be presented: (i) Any record of convictions, pending charges, or probationary status known to the prosecution of any witness to be called by the prosecution. Before or soon after charges are filed, and throughout the pendency of the case, the prosecutor should evaluate potential consequences of the prosecution and available sentencing options, such as forfeiture, restitution, and immigration effects, and be prepared to actively advise the court in sentencing. WebChat Reference Student Research Appointments In Person Report a Problem login; ABA standards for criminal justice. (j) Except where permitted by law, a prosecutor should not use the grand jury in order to obtain evidence to assist the prosecutions preparation for trial of a defendant who has already been charged. (c) The prosecutor should not enter into a disposition agreement before having information sufficient to assess the defendants actual culpability. The prosecutor should not publicly gloat or seek personal aggrandizement regarding a verdict or ruling. As soon as practicable but in all cases prior to the hearing, the opposing party should disclose all items listed in Standard 11-2.1(d) or 11-2.2(a) to the extent not previously disclosed. When before a jury, the prosecutor should not knowingly refer to, or argue on the basis of, facts outside the record, unless such facts are matters of common public knowledge based on ordinary human experience, or are matters of which a court clearly may take judicial notice, or are facts the prosecutor reasonably believes will be entered into the record at that proceeding. (d) When a new grand jury is empanelled, a prosecutor should ensure that the grand jurors are appropriately instructed, consistent with the law of the jurisdiction, on the grand jurys right and ability to seek evidence, ask questions, and hear directly from any available witnesses, including eyewitnesses. If the prosecutor believes the defense closing argument is or was improper, the prosecutor should timely object and request relief from the court, rather than respond with arguments that the prosecutor knows are improper. Within [21 days] of the prosecutors disclosure under subsection (c)(iii), the defense attorney should disclose to the prosecutor all items listed in Standard 11-2.2(b). Standard 11-4.2 Motion concerning the manner or place of production. (c) A prosecutor may file and maintain charges even if juries in the jurisdiction have tended to acquit persons accused of the particular kind of criminal act in question. ; Scruggs, Kevin. (f) A prosecutor handling a criminal appeal who was not counsel in the trial court should consult with the trial prosecutor, but should exercise independent judgment in reviewing the record and the defense arguments. When protected confidences are involved, a prosecutor or former prosecutor should not make disclosure without consent from the prosecutors office. (iii) other materials necessary to support significant decisions made and conclusions reached by the prosecution in the course of an investigation and prosecution. (vi)Notification of the intent to use, and the substance of, any character, reputation, or other-act evidence the prosecution intends to use at sentencing. All benefits provided to witnesses should be documented and disclosed to the defense. (xiii) Any material or information that tends to negate the guilt of the accused, mitigate the offense charged or sentence, or impeach the prosecutions witnesses or evidence. (f) The prosecutor should not pay or withhold any fee or provide or withhold a benefit for the purpose of influencing the substance of an experts testimony. A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. (c) Removal, suspension or substitution of a prosecutor should not be permitted for improper or irrelevant partisan or personal reasons. (b) The prosecutor may provide independent legal advice to law enforcement about actions in specific criminal matters and about law enforcement practices in general. (e) The prosecutors office should be provided sufficient resources and be organized to permit adequate preparation for court proceedings. The court should issue a protective order only if the potential harm of disclosure is greater than the prejudice caused by the proposed protection, and should impose only those restrictions that are reasonable and necessary in relation to an articulated harm. (c) A prosecution offices training program should include periodic review of the offices policies and procedures, which should be amended when necessary. Objectives of sanctions for failure to comply with applicable discovery obligations are: (a) Punishing blameworthy disregard of discovery obligations; and. Upon motion by either party, if the court finds that there is good cause to believe that the information or material sought may be material to the determination of the issues in the case, the court should, in advance of trial, issue compulsory process for the following purposes: (i) To obtain documents and other tangible objects in the possession of a third party. (b) The prosecutors decision to recommend pretrial release or seek detention should be based on the facts and circumstances of the defendant and the offense, rather than made categorically. (a) Discovery initiation and time limits. No sanction should be imposed for an attorneys failure to disclose information or material in the custody of another individual or entity if the attorney has diligently sought to identify and gather the information or material, and has diligently advised the individual or entity of the continuing duty to identify, preserve, and disclose discoverable information and material. WebAmerican Bar Association Standards for Criminal Justice: Prescription for an Ailing ABA standards for criminal justice (iv) With respect to each expert whom the defense intends to call as a witness at trial, the defense should also furnish to the prosecution a curriculum vitae and a written description of the substance of the proposed testimony of the expert, the experts opinion, and the underlying basis of that opinion, to the extent not previously disclosed pursuant to Standard 11-2.2(a)(ii). A prosecutor should not allow interests in personal advancement or aggrandizement to affect judgments regarding what is in the best interests of justice in any case. (c) Nothing in this Standard permits the withholding of information or material required to be disclosed under other laws or where withholding will infringe the rights of the defendant. (c) The court should make provision for the defendant to be present at the taking of the deposition and should make such other provisions as are necessary to preserve the rights of the defendant, including the defendants right to confront witnesses and right to counsel. (b) Advise on continuing obligation. (5) Any other issues identified by the parties. Standard 11-1.2 Objectives of these Standards. (iii) Media are devices used to store and transmit electronically stored information, including CDs, DVDs, USB storage devices, and hard drives. (b) The prosecutor should not make a statement of fact or law, or offer evidence, that the prosecutor does not reasonably believe to be true, to a court, lawyer, witness, or third party, except for lawfully authorized investigative purposes. (g) The prosecutors obligation to make pre-sentencing disclosures to the defense.

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