NCJ Number
87067
Journal
American Bar Association Journal Volume: 61 Dated: (July 1975) Pages: 848-853
Date Published
1975
Length
6 pages
Annotation
These Uniform Rules of Criminal Procedure deal with pretrial release, defense servics, discovery, pleas, joinder and severance, speedy trial, jury trial, and sentencing.
Abstract
The Uniform Rules aim at producing the greatest amount of pretrial release consistent with public safety and ensurance that the defendant will appear for trial. Attention is given to citations, summonses, and judicial release. The rules require that an arrestee be informed of his/her right to have counsel and that a defendant be provided with counsel if he/she is unable to obtain one and is charged with an 'offense punishable by incarceration.' The system of discovery specified in the rules is largely automatic and requires a minimum of court involvement. Attention is given to prosecution and defense disclosure, nontestimonial evidence procedures, and depositions. The rules on pleas are based in the belief that under proper safeguards, pleas serve a proper and useful function. The Federal Rules of Criminal Procedure and many State provisions respecting joinder and severance do not seem to take sufficient account of the substantial prejudice to criminal defendants of multiple defendant and multiple offense prosecutions. The American Bar Association commendably moves away from the approach of such provisions, and the Uniform Rules continue that progress and reach a position that approaches providing for joinder of defendants and offenses only when the parties agree on it. In the area of speedy trial, the rules deal with discharge for lack of prompt trial and release for lack of prompt trial. The rules provide that if the defendant has a right to trial by jury, the trial shall be by jury unless the defendant voluntarily and with sufficient knowledge waives the right in open court. The rules prescribe procedures for sentencing, including the use of presentence investigations.