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SPECIAL FUNCTIONS OF THE TRIAL JUDGE, CHAPTER 6 - 2ND ED. - TENTATIVE DRAFT

NCJ Number
48423
Author(s)
ANON
Date Published
1978
Length
28 pages
Annotation
STANDARDS PROPOSED COVER DUTIES OF TRIAL JUDGES, FACILITIES AND STAFF, PRETRIAL DUTIES, PLEAS AND WAIVERS, PROCEDURES DURING TRIAL, JUDICIAL AND COURTROOM DECORUM, CONTEMPT POWER, AND SIMILAR ITEMS.
Abstract
THESE PROPOSED STANDARDS ARE PART OF A DRAFT SECOND EDITION OF THE AMERICAN BAR ASSOCIATION'S 'STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE.' (FIRST EDITION WAS PUBLISHED DURING THE PERIOD 1968-1973.) EACH STANDARD IS FOLLOWED BY A SUMMARY OF RELATED STANDARDS, A LISTING OF CHANGES MADE SINCE THE FIRST EDITION, AND A COMMENTARY. THE COMMENTARIES HAVE FOOTNOTES. MOST OF THE STANDARDS IN THIS VOLUME ARE EITHER UNCHANGED OR HAVE HAD MINOR STYLE REVISIONS. TOPICS COVERED INCLUDE: GENERAL RESPONSIBILITY OF THE TRIAL JUDGE, ADHERENCE TO STANDARDS OF CONDUCT, APPEARANCE AND DEMEANOR OF THE JUDGE, EFFECTIVE USE OF JUDICIAL TIME, IMPARTIALITY, PREVENTION OF EX PARTE DISCUSSION OF PENDING CASES, CIRCUMSTANCES REQUIRING RECUSATION, THE IMPORTANCE OF ADEQUATE TRAINED MANPOWER AND GOOD RECORDKEEPING, ISSUANCE OR REVIEW OF WARRANTS, INQUIRIES CONCERNING JAIL POPULATION, CONDUCT WITH A JURY, PROTECTING WITNESSES, CONTROL OF EXAMINATION, DEALING WITH OBJECTIONS AND REQUESTS FOR RULINGS, SPECIAL RULES FOR ORDER IN THE COURTROOM, INHERENT POWER OF THE COURT, INVOCATION OF CONTEMPT POWER, AND REFERRALS OF CONTEMPT HEARING TO ANOTHER JUDGE. STANDARDS ON SENTENCING AND POSTCONVICTION REMEDIES, AND PROCEDURES REGARDING JUDICIAL MISFEASANCE HAVE BEEN TRANSFERRED TO OTHER SECTIONS. SEVERAL STANDARDS DELETED BECAUSE THE SUBJECT MATTER IS COVERED IN OTHER AREAS ARE NOTED. (GLR)