NCJ Number
59104
Date Published
Unknown
Length
460 pages
Annotation
A SERIES OF TABLES PRESENT STANDARDS OF THE AMERICAN BAR ASSOCIATION (ABA), THEN THE COMPARABLE LOUISIANA LAW, AND FINALLY, A COMMENTARY ON THE DEGREE OF STATE COMPLIANCE WITH THE ABA STANDARD.
Abstract
DATA FOR THIS ANALYSIS WERE GATHERED DURING 1972 AND 1973. THE ABA STANDARDS COVER 13 AREAS: FAIR TRIAL AND FREE PRESS, URBAN POLICE FUNCTION, PRETRIAL RELEASE, DEFENSE SERVICES, ELECTRONIC SURVEILLANCE, SPEEDY TRIAL, DISCOVERY AND PROCEDURE BEFORE TRIAL, FUNCTION OF THE TRIAL JUDGE, GUILTY PLEAS, JOINDER AND SEVERANCE, PROBATION, APPELLATE REVIEW OF SENTENCES, SENTENCING ALTERNATIVES AND PROCEDURES, TRIAL BY JURY, CRIMINAL APPEALS, POSTCONVICTION REMEDIES, DEFENSE FUNCTION, AND PROSECUTION FUNCTION. ALTHOUGH LOUISIANA LAW MANDATES AN IMPARTIAL TRIAL AND REGULATES CONFLICTS OF INTEREST AND PREJUDICIAL PRETRIAL STATEMENTS BY ATTORNEYS, IT DOES NOT COVER PRESS RELATIONS. IT ALSO DOES NOT ALLOW CLOSED PRETRIAL HEARINGS, AS DO THE ABA STANDARDS. LOUISIANA ALSO DOES NOT ADDRESS THE POLICE FUNCTION IN DETAIL, ALTHOUGH IT IS IN COMPLIANCE CONCERNING POLICE TRAINING. THE GREATEST DISPARITY OCCURS IN THE SECTIONS ON SENTENCING ALTERNATIVES AND PROCEDURES, ELECTRONIC SURVEILLANCE (WHICH IS NOT ADDRESSED IN LOUISIANA LAW), AND PRETRIAL DISCOVERY AND PROCEDURE. THE GREATEST AGREEMENT IS FOUND IN THE SECTIONS ON ACTUAL TRIAL PROCEDURES, THE PROSECUTOR'S AND THE DEFENSE ATTORNEY'S FUNCTIONS, AND APPEALS PROCEDURES. (GLR)