June 20, 2016

Criminal Justice Standards for the Prosecution Function - Table of Contents

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

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