NCJ Number
26440
Journal
American Criminal Law Review Volume: 12 Issue: 2 Dated: (FALL 1974) Pages: 363-377
Date Published
1974
Length
15 pages
Annotation
THIS ARTICLE DISCUSSES THE RESULTS OF A COMPARATIVE ANALYSIS OF THE AMERICAN BAR ASSOCIATION (ABA) STANDARDS FOR CRIMINAL JUSTICE AND THE WORK OF THE NATIONAL ADVISORY COMMISSION (NAC) ON CRIMINAL JUSTICE STANDARDS AND GOALS.
Abstract
IN AN EFFORT TO ASSIST INDIVIDUAL STATES IN THE PROCESS OF FORMULATING AND ADOPTING WORKABLE AND MEANINGFUL STANDARDS, THE ABA UNDERTOOK A COMPARATIVE REVIEW OF BOTH ITS STANDARDS AND THOSE DEVELOPED BY NAC. THE ABA STANDARDS ARE CONTAINED IN 17 SEPARATE VOLUMES AND MAKE RECOMMENDATIONS IN 18 SPECIFIC AREAS OF ANALYSIS OF THE CRIMINAL JUSTICE SYSTEM. THE NAC STANDARDS AND GOALS COMPRISE ONLY SIX VOLUMES, FIVE OF WHICH CONTAIN SUBSTANTIVE MATERIALS. IN MOST OF THE SUBJECT AREAS COVERED BY BOTH SETS OF STANDARDS, THE ABA PROJECT AND THE NAC MATERIALS REFLECT SUBSTANTIAL AGREEMENT AS TO THEIR RECOMMENDATIONS. SPECIFICALLY, OF THE 476 STANDARDS ORIGINALLY CONTAINED IN THE ABA REPORTS, THERE ARE 425 SITUATIONS IN WHICH NAC STANDARDS ARE EITHER CONSISTENT OR SILENT. IN 16 SEPARATE INSTANCES THE TWO WORKS ARE INCONSISTENT IN PRINCIPLE. INCONSISTENCIES ARE FOUND FOR STANDARDS RELATING TO SOME ASPECTS OF PRETRIAL RELEASE, DISCOVERY AND PROCEDURE BEFORE TRIAL, PLEAS OF GUILTY, PROBATION, AND POSTCONVICTION REMEDIES. DESPITE THESE SPECIFIC DIFFERENCES, THE TWO SETS OF STANDARDS CAN SERVE TO REINFORCE EACH OTHER IN THE EFFORT TO REFORM THE CRIMINAL JUSTICE SYSTEM ON THE FEDERAL, STATE, AND LOCAL LEVELS. THE ARTICLE INCLUDES 90 FOOTNOTES.