PROSECUTION FUNCTION

In February 1992, the ABA House of Delegates approved these “black letter” standards that have been published with commentary in ABA Standards for Criminal Justice: Prosecution and Defense Function, 3d ed., ©1993 American Bar Association. For the text of the publication, click HERE.  To go directly to individual “black letter” standards (without commentary), click on the links below. For information about purchasing the printed volume, please click here.

PART I. GENERAL STANDARDS

Standard 3-1.1 The Function of the Standards
Standard 3-1.2 The Function of the Prosecutor
Standard 3-1.3 Conflicts of Interest
Standard 3-1.4 Public Statements
Standard 3-1.5 Duty to Respond to Misconduct

PART II. ORGANIZATION OF THE PROSECUTION FUNCTION

Standard 3-2.1 Prosecution Authority to be Vested in a Public Official
Standard 3-2.2 Interrelationship of Prosecution Offices Within a State
Standard 3-2.3 Assuring High Standards of Professional Skill
Standard 3-2.4 Special Assistants, Investigative Resources, Experts
Standard 3-2.5 Prosecutor's Handbook; Policy Guidelines and Procedures
Standard 3-2.6 Training Programs
Standard 3-2.7 Relations With Police
Standard 3-2.8 Relations With the Courts and Bar
Standard 3-2.9 Prompt Disposition of Criminal Charges
Standard 3-2.10 Supercession and Substitution of Prosecutor
Standard 3-2.11 Literary or Media Agreements

PART III. INVESTIGATION FOR PROSECUTION DECISION

Standard 3-3.1 Investigative Function of Prosecutor
Standard 3-3.2 Relations With Victims and Prospective Witnesses
Standard 3-3.3 Relations With Expert Witnesses
Standard 3-3.4 Decision to Charge
Standard 3-3.5 Relations With Grand Jury
Standard 3-3.6 Quality and Scope of Evidence Before Grand Jury
Standard 3-3.7 Quality and Scope of Evidence for Information
Standard 3-3.8 Discretion as to Noncriminal Disposition
Standard 3-3.9 Discretion in the Charging Decision
Standard 3-3.10 Role in First Appearance and Preliminary Hearing
Standard 3-3.11 Disclosure of Evidence by Prosecutor

PART IV. PLEA DISCUSSIONS

Standard 3-4.1Availability for Plea Discussions
Standard 3-4.2Fulfillment of Plea Discussions
Standard 3-4.3Record of Reasons for Nolle Prosequi Disposition

PART V. THE TRIAL

Standard 3-5.1 Calendar Control
Standard 3-5.2 Courtroom Professionalism
Standard 3-5.3 Selection of Jurors
Standard 3-5.4 Relations With Jury
Standard 3-5.5 Opening Statement
Standard 3-5.6 Presentation of Evidence
Standard 3-5.7 Examination of Witnesses
Standard 3-5.8 Argument to the Jury
Standard 3-5.9 Facts Outside the Record
Standard 3-5.10 Comments by Prosecutor After Verdict

PART VI. SENTENCING

Standard 3-6.10 Role in Sentencing
Standard 3-6.20 Information Relevant to Sentencing

 

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