DISCOVERY AND PROCEDURE BEFORE TRIAL, CHAPTER 11 - 2ND ED. - TENTATIVE DRAFT

• NCJ Number: 48425
• Author(s): ANON
• Date Published: 1978
• Length: 42 pages
• Grant Number(s): 77-DF-99-0012
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Assoc.
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: AMERICAN BAR ASSOCIATION STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE

Annotation

THESE PROPOSED REVISIONS OF PRETRIAL PROCEDURE STANDARDS COVER DISCLOSURES TO THE ACCUSED AND THE PROSECUTION, DISCOVERY, AND PROPER PROCEDURES. MOST OF THE STANDARDS HAVE BEEN SUBSTANTIALLY REVISED SINCE THE FIRST EDITION.

Abstract

SINCE PUBLICATION OF THE FIRST EDITION OF THE AMERICAN BAR ASSOCIATION'S 'STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE,' (1968-1973) SEVERAL MAJOR COURT CASES HAVE CHANGED PRETRIAL DISCOVERY PROCEDURES. THESE DRAFT STANDARDS REFLECT THOSE JUDICIAL DECISIONS. EACH STANDARD IS FOLLOWED BY A SECTION WHICH DETAILS CHANGES SINCE THE FIRST EDITION. RELATED STANDARDS ARE FOLLOWED BY COMMENTARY AND FOOTNOTES. IT IS RECOMMENDED AT THESE STANDARD BE APPLIED TO ALL FELONIES AND SERIOUS MISDEMEANORS. LESS SERIOUS OFFENSES SHOULD BE SUBJECT TO SIMPLE OPEN FILE DISCOVERY AND SIMPLE PRETRIAL PROCEDURES. THE DISCLOSURES STANDARDS COVER MEDICAL AND SCIENTIFIC EVIDENCE, NATURE OF THE DEFENSE, CONTINUING OBLIGATION OF DISCLOSURE, ITEMS WHICH SHOULD BE MADE AVAILABLE TO THE DEFENSE, REGULATION OF DISCOVERY, CUSTODY OF MATERIALS, PROTECTIVE ORDERS, EXCISION, IN CAMERA PROCEEDINGS, SANCTIONS, THIRD-PARTY DISCLOSURES, AND GENERAL PROCEDURAL REQUIREMENTS AT EACH STAGE OF THE PRETRIAL PROCESS. (GLR)