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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