NCJ Number
31719
Date Published
1975
Length
239 pages
Annotation
THIS VOLUME COMPARES THE 1974 UNIFORM RULES WITH THE AMERICAN BAR ASSOCIATION STANDARDS FOR CRIMINAL JUSTICE, THE AMERICAN LAW INSTITUTE MODEL CODE OF PRE-ARRAIGNMENT PROCEDURES AND THE FEDERAL RULES OF CRIMINAL PROCEDURE.
Abstract
ALSO INCLUDED IN THIS COMPARATIVE ANALYSIS IS THE NATIONAL ADVISORY COMMISSION CRIMINAL JUSTICE STANDARDS AND GOALS. THE BASIC DOCUMENT FOR THE COMPARISON IS THE UNIFORM RULES. EACH OF ITS RULES OR SUBSECTIONS IS SET FORTH IN ITS ENTIRETY AND THE KEY CONCEPT FOR EACH BRIEFLY EXPLAINED. THE STANDARD OR RULE DEALING WITH THE SAME ISSUE IN EACH OF THE COMPARISON PROJECTS IS THEN IDENTIFIED AND DESCRIBED. ALSO NOTED ARE THE ARTICLES OF THE RULES WHICH CANNOT BE COMPARED TO ANOTHER WORK. THE UNIFORM RULES COVER THE FULL SPECTRUM OF CRIMINAL PROCEDURE FROM ARREST AND DETENTION PRIOR TO TRIAL TO SENTENCING AND POST JUDGMENT PROCEEDINGS AFTER TRIAL, AND ARE DIVIDED INTO SEVEN ARTICLES - SCOPE, PROCEDURES BEFORE APPEARANCE, APPEARANCE, PRETRIAL PROCEDURES, TRIAL, SENTENCING AND JUDGMENT, AND GENERAL PROVISIONS. THE APPENDIX CONTAINS SUBSTITUTE COMMENTS, ADOPTED IN 1975, FOR THE COMPARISON OF THE UNIFORM RULES AND THE FEDERAL RULES OF CRIMINAL PROCEDURE. ALSO ATTACHED ARE THE AMERICAN LAW INSTITUTE MODEL CODE AND THE FEDERAL RULES (PRIOR TO ADOPTION OF 1975 AMENDMENTS). THIS ANALYSIS IS INTENDED AS A REFERENCE FOR STATE PLANNERS, ATTORNEYS, LEGISLATIVES, COURT PERSONNEL, AND OTHERS WORKING ON CRIMINAL CODE AND RULE REVISION. (SNI ABSTRACT)