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National Prosecution Standards, Second Edition

NCJ Number
135659
Date Published
1991
Length
316 pages
Annotation
These national prosecution standards are divided into five sections: the first focuses on the function and administration of prosecution and its relations with other entities; the pre-trial, trial, and post-trial sections provide a procedural sequence of activities from charging to appeal; and the final section deals with juvenile justice.
Abstract
Some of the functions included in these standards involve or relate to civil representation, removal, compensation, professionalism, training, probation, parole and early release, prisons, community-based programs, protection of the rights of the accused and public, police legal advice and training, and prosecutorial immunity. The standards cover relations between prosecutors and local, State, and national criminal justice organizations; other prosecutorial entities; police agencies; the courts; the defendant; defense counsel; victims; witnesses; law schools and students; the public; and the media. Pre-trial functions include, inter alia, investigations, warrant review, subpoenas, diversion, probable cause determination, motions, pre-trial conference, discovery practice, sanctions, the grand jury, and plea negotiations. Prosecutorial functions during the trial cover jury selection, opening statements, examination of witnesses, depositions, evidence, objections, trial motions, closing arguments, and jury instructions. The standards for the post-trial period cover post-verdict motions, role in sentencing, appellate process, collateral remedies, and appeal bonds. The standard on juvenile justice emphasizes three aspects of the prosecutor's role: to seek justice; to be present at all stages of the proceedings; and to maintain professionalism in juvenile court work. 1 appendix