ARIZONA'S NEW RULES OF CRIMINAL PROCEDURE - A PROVING GROUND FOR THE SPEEDY ADMINISTRATION OF JUSTICE

• NCJ Number: 15098
• Journal: Arizona Law Review Volume: 16 Issue: 1 Dated: (1974) Pages: 167-207
• Author(s): T J BERG; J P LYONS
• Date Published: 1974
• Length: 41 pages
• Corporate Author: University of Arizona
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE PROVISIONS OF THE 1973 ARIZONA RULES, INCLUDING PRETRIAL RELEASE, DISCOVERY, PLEA BARGAINING, AND PROCEDURES FOR PROBATION REVOCATION.

Abstract

TWO PRINCIPAL GOALS ANIMATE THE NEW ARIZONA RULES OF CRIMINAL PROCEDURES-TO MAKE THE PROCESSING OF CRIMINAL CASES MORE SPEEDY AND EFFICIENT AND TO RELIEVE THE NONCONVICTED ACCUSED OF THE HARDSHIPS IMPOSED BY THE EARLIER SYSTEM. THE AUTHOR CONCLUDES THAT MANY OF THE INNOVATIVE DEVICES INTRODUCED IN THOSE RULES WILL BE OF BENEFIT BOTH TO SOCIETY AND THE INDIVIDUAL DEFENDANT WHO BECOME INVOLVED IN THE SYSTEM. WHILE THERE MAY BE AN OVEREMPHASIS ON INCREASING THE SPEED OF THE CRIMINAL PROCESS AT A SACRIFICE OF OTHER CONSIDERATIONS, THE PROVISIONS WHICH SEEK TO IMPROVE THE ACCURACY OF RESULTS REACHED AS WELL AS THOSE LIGHTENING THE BURDEN ON THE NONCONVICTED ACCUSED ARE PRAISEWORTHY. MAJOR PROBLEMS MAY EXIST WITH DISCOVERY, THE PRELIMINARY HEARING, THE OMNIBUS HEARING, AND PROBATION REVOCATION PROCESSES. IN EACH CASE, HOWEVER, A SOLUTION CAN PROBABLY BE ACHIEVED WITH RELATIVELY MINOR CHANGES IN THE RULES. (AUTHOR ABSTRACT)