PROSECUTION FUNCTION
In February 2015, the ABA House of Delegates approved these “black letter” standards that will be published with commentary in ABA Standards for Criminal Justice: Prosecution and Defense Function, 4th ed., ©2015 American Bar Association. Work is underway to provide commentary to accompany these Standards.To go directly to individual “black letter” standards (without commentary), click on the links below.
TABLE of CONTENTS
PART I. GENERAL STANDARDS
Standard 3-1.1 The Scope and Function of these Standards
Standard 3-1.2 Functions and Duties of the Prosecutor
Standard 3-1.3 The Client of the Prosecutor
Standard 3-1.4 The Prosecutor’s Heightened Duty of Candor
Standard 3-1.5 Preserving the Record
Standard 3-1.6 Improper Bias Prohibited
Standard 3-1.7 Conflicts of Interest
Standard 3-1.8 Appropriate Workload
Standard 3-1.9 Diligence, Promptness and Punctuality
Standard 3-1.10 Relationship with the Media
Standard 3-1.11 Literary or Media Rights Agreements Prohibited
Standard 3-1.12 Duty to Report and Respond to Prosecutorial Misconduct
Standard 3-1.13 Training Programs
PART II. ORGANIZATION OF THE PROSECUTION FUNCTION
Standard 3-2.1 Prosecution Authority to be Vested in Full-time, Public-Official Attorneys
Standard 3-2.2 Assuring Excellence and Diversity in the Hiring, Retention, and Compensation of Prosecutors
Standard 3-2.3 Investigative Resources and Experts
Standard 3-2.4 Office Policies and Procedures
Standard 3-2.5 Removal or Suspension and Substitution of Chief Prosecutor
PART III. PROSECUTORIAL RELATIONSHIPS
Standard 3-3.1 Structure of, and Relationships Among, Prosecution Offices
Standard 3-3.2 Relationships with Law Enforcement
Standard 3-3.3 Relationship with Courts, Defense Counsel, and Others
Standard 3-3.4 Relationship with Victims and Witnesses
Standard 3-3.5 Relationship with Expert Witnesses
Standard 3-3.6 When Physical Evidence With Incriminating Implications is Disclosed by the Defense
PART IV. INVESTIGATION; DECISIONS TO CHARGE, NOT CHARGE, OR DISMISS; and GRAND JURY
Standard 3-4.1 Investigative Function of the Prosecutor
Standard 3-4.2 Decisions to Charge Are the Prosecutor’s
Standard 3-4.3 Minimum Requirements for Filing and Maintaining Criminal Charges
Standard 3-4.4 Discretion in Filing, Declining, Maintaining and Dismissing Criminal Charges
Standard 3-4.5 Relationship with a Grand Jury
Standard 3-4.6 Quality and Scope of Evidence Before a Grand Jury
PART V. PRETRIAL ACTIVITIES AND NEGOTIATED DISPOSITIONS
Standard 3-5.1 Role in First Appearance and Preliminary Hearing
Standard 3-5.2 The Decision to Recommend Release or Seek Detention
Standard 3-5.3 Preparation for Court Proceedings, and Recording and Transmitting Information
Standard 3-5.4 Identification and Disclosure of Information and Evidence
Standard 3-5.5 Preservation of Information and Evidence
Standard 3-5.6 Conduct of Negotiated Disposition Discussions
Standard 3-5.7 Establishing and Fulfilling Conditions of Negotiated Dispositions
Standard 3-5.8 Waiver of Rights as Condition of Disposition Agreements
Standard 3-5.9 Record of Reasons for Dismissal of Charges
PART VI. COURT HEARINGS AND TRIAL
Standard 3-6.1 Scheduling Court Hearings
Standard 3-6.2 Civility With Courts, Opposing Counsel, and Others
Standard 3-6.3 Selection of Jurors
Standard 3-6.4 Relationship With Jurors
Standard 3-6.5 Opening Statement at Trial
Standard 3-6.6 Presentation of Evidence
Standard 3-6.7 Examination of Witnesses in Court
Standard 3-6.8 Closing Argument to the Trier of Fact
Standard 3-6.9 Facts Outside the Record
Standard 3-6.10 Comments by Prosecutor After Verdict or Ruling
PART VII. POST-TRIAL MOTIONS AND SENTENCING
Standard 3-7.1 Post-trial Motions
Standard 3-7.2 Sentencing
Standard 3-7.3 Information Relevant to Sentencing
PART VIII APPEALS AND OTHER CONVICTION CHALLENGES
Standard 3-8.1 Duty To Defend Conviction Not Absolute
Standard 3-8.2 Appeals – General Principles
Standard 3-8.3 Response to New or Newly-Discovered Evidence or Law
Standard 3-8.4 Challenges to the Effectiveness of Counsel
Standard 3-8.5 Collateral Attacks on Conviction
