IMPLEMENTATION OF THE ABA (AMERICAN BAR ASSOCIATION) STANDARDS FOR CRIMINAL JUSTICE - APPENDIX - ONE STATE'S EXPERIENCE - THE FLORIDA STORY

• NCJ Number: 25101
• Journal: American Criminal Law Review Volume: 12 Issue: 3 Dated: (WINTER 1975) Pages: 493-495
• Author(s): R M ERVIN
• Date Published: 1975
• Length: 3 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AN OUTLINE OF THE STEPS TAKEN IN FLORIDA TO IMPLEMENT THE STANDARDS ON PROCEDURAL MATTERS BY INSTITUTING NEW RULES OF CRIMINAL PROCEDURE, AND TO IMPLEMENT STANDARDS OF A SUBSTANTIVE NATURE THROUGH LEGISLATIVE ENACTMENT.

Abstract

FLORIDA WAS ONE OF THREE PILOT STATES IN THE IMPLEMENTATION PROGRAM OF THE ABA STANDARDS, REPRESENTING A 'COMBINATION' STATE WHERE BOTH COURT RULES AND LEGISLATION WOULD BE NECESSARY TO ACCOMPLISH THE IMPLEMENTATION JOB. A FLORIDA IMPLEMENTATION COMMITTEE WAS ASSIGNED THE TASK OF FORMULATING A DETAILED FUNDING AND IMPLEMENTATION PLAN. A COMPARATIVE ANALYSIS OF FLORIDA LAW AND THE ABA STANDARDS WAS ALSO UNDERTAKEN. THE IMPLEMENTATION CONFERENCE OF 1970 AND THE WORK OF THE SPECIAL ADVISORY COMMITTEE TO THE SUPREME COURT WHICH DRAFTED THE PROPOSED REVISED CRIMINAL PROCEDURE RULES ARE DESCRIBED AS WELL. THE NEW RULES OF CRIMINAL PROCEDURE ADPOTED BY FLORIDA EMBODY MOST OF THE ABA STANDARDS FOR CRIMINAL JUSTICE, AND BY NOVEMBER 1974, THE STAFF DIRECTOR OF THE FLORIDA LEGISLATURE'S HOUSE OF REPRESENTATIVES CRIMINAL JUSTICE COMMITTEE HAD FOUND THAT AT LEAST 85 PERCENT OF THE PRINCIPLES IN THE STANDARDS NEEDING STATUTORY IMPLEMENTATION HAD BEEN ADOPTED IN FLORIDA. (AUTHOR ABSTRACT MODIFIED)