NCJ Number
26439
Journal
American Criminal Law Review Volume: 12 Issue: 2 Dated: (FALL 1974) Pages: 357-362
Date Published
1974
Length
6 pages
Annotation
THIS ARTICLE EXAMINES THE RATIONALE BEHIND THE ADOPTION OF THE AMERICAN BAR ASSOCIATION (ABA) STANDARDS FOR CRIMINAL JUSTICE, IMPLEMENTATION METHODOLOGY, AND THE EXPERIENCE OF A COURT IN JACKSONVILLE, FLA., WHICH IMPLEMENTED THE STANDARDS.
Abstract
IN AN ATTEMPT TO ACHIEVE GREATER EFFICIENCY IN THE DISPOSITION OF A HEAVY CRIMINAL CASELOAD, THE JACKSONVILLE DIVISION OF THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA SUBSTANTIALLY IMPLEMENTED THE ABA STANDARDS RELATING TO DISCOVERY AND PRETRIAL PROCEDURES IN MAY 1971. THESE STANDARDS WERE IMPLEMENTED TO ELIMINATE PROBLEMS CREATED BY LATE GUILTY PLEAS THROUGH PROVISION OF BROADER PRETRIAL DISCOVERY RULES. THUS, THE USE OF A SINGLE HEARING FOR THE DISPOSITION OF ALL PRETRIAL MOTIONS WAS IMPLEMENTED. THE FORMAT AND SUBSTANCE OF THE OMNIBUS HEARING IS CONTROLLED BY THE FORM ORDER EXECUTED BY COUNSEL AT THE PREHEARING CONFERENCE. GENERALLY, A MAGISTRATE PRESIDES; IN COMPLICATED OR MULTIPLE DEFENDANT CASES A DISTRICT JUDGE CONDUCTS THE HEARING. IF A RULING ON A MOTION WOULD BE DISPOSITIVE OF THE CASE, THE MOTION IS THEN SCHEDULED FOR HEARING WELL IN ADVANCE OF THE TRIAL. THE FINAL HEARING ORDER IS SIGNED BY COUNSEL, DEFENDANT, AND MAGISTRATE OR JUDGE. VIRTUALLY ALL CRIMINAL CASES IN THE DIVISION ARE NOW PROCESSED THROUGH THE OMNIBUS PROCEDURE. BOTH COURT TIME AND COUNSEL TIME ARE MORE EFFECTIVELY USED AS A RESULT OF IMPLEMENTATION. THE ARTICLE INCLUDES 16 FOOTNOTES.