Aba standards for criminal justice
C) defense counsel’s investigative efforts should commence promptly and should explore appropriate avenues that reasonably might lead to information relevant to the merits of the matter, consequences of the criminal proceedings, and potential dispositions and penalties. Counsel should not offer commentary regarding the specific merits of an ongoing prosecution or investigation, except in a rare case to address a manifest injustice and counsel is reasonably well-informed about the relevant facts and rd 4-1.
It reviews, revises, and approves draft standards to be forwarded to the criminal justice section council and, ultimately, to the policymaking aba house of delegates. Defense counsel should consider engaging or consulting with an expert in criminal appeals in order to determine issues related to making a decision to appeal.
Counsel should be knowledgeable about possible dispositions that are alternatives to trial or imprisonment, including diversion from the criminal process. The standards are not intended to suggest any lesser standard of conduct than may be required by applicable mandatory rules, statutes, or other binding authorities.
2017 aba, all rights or renew your aba specialty member discounts and s & ments & ity & inclusion 360 ity & inclusion mental & legislative ity of law sion on hispanic legal rights & aba ces for & rules of professional & related & small firm resource profession nt pricing for discounts for al institute course t media mission and history and governance and ts for ated business conduct > publications > criminal justice section archive > al justice section erydiscoveryin august 1994, the aba house of delegates approved these “black letter” standards that have been published with commentary in aba standards for criminal justice: discovery and trial by jury, 3d ed. B) defense counsel should not knowingly propose, advise, or assist in a course of conduct which defense counsel knows to be criminal or fraudulent, but defense counsel may discuss the legal consequences of a proposed course of conduct with a client, and may counsel or assist a client in a good faith effort to determine the validity, scope, meaning, or application of the law.
Defense counsel should consider the impact of these duties at all stages of a criminal representation and on all decisions and actions that arise in the course of performing the defense function. F) defense counsel may respond to public statements from any source in order to protect a client’s legitimate interests, unless there is a substantial likelihood of materially prejudicing a criminal proceeding, in which case defense counsel should approach the prosecutor or the court for relief.
These duties include: (a) a duty of confidentiality regarding information relevant to the client’s representation which duty continues after the representation ends; (b) a duty of loyalty toward the client; (c) a duty of candor toward the court and others, tempered by the duties of confidentiality and loyalty; (d) a duty to communicate and keep the client informed and advised of significant developments and potential options and outcomes; (e) a duty to be well-informed regarding the legal options and developments that can affect a client’s interests during a criminal representation; (f) a duty to continually evaluate the impact that each decision or action may have at later stages, including trial, sentencing, and post-conviction review; (g) a duty to be open to possible negotiated dispositions of the matter, including the possible benefits and disadvantages of cooperating with the prosecution; (h) a duty to consider the collateral consequences of decisions and actions, including but not limited to the collateral consequences of rd 4-1. Duty to make qualified criminal defense representation available (a) the government has an obligation to provide, and fully fund, services of qualified defense counsel for indigent criminal defendants.
D) except where necessary to secure counsel for preliminary matters such as initial hearings or applications for bail, a defense counsel (or multiple counsel associated in practice) should not undertake to represent more than one client in the same criminal case. Selection of jurors (a) defense counsel should be aware of legal standards that govern the selection of jurors, and be prepared to discharge effectively the defense function in the selection of the jury, including raising appropriate issues concerning the method by which the jury panel was selected and exercising challenges for cause and peremptory challenges.
To purchase paperback publications with commentary, see the standards ordering of criminal justice standards click on standards below to view table of contents with links to individual standards. When inadequacies or injustices in the substantive or procedural law come to defense counsel’s attention, counsel should stimulate and support efforts for remedial action.
Or renew your aba specialty member discounts and s & ments & ity & inclusion 360 ity & inclusion mental & legislative ity of law sion on hispanic legal rights & aba ces for & rules of professional & related & small firm resource profession nt pricing for discounts for al institute course t media mission and history and governance and ts for ated business conduct > aba groups > criminal justice > criminal justice al justice al justice standards for the prosecution al justice standards for the defense -aba standards for juvenile eral consequences of conviction al justice criminal justice standardsfor forty years, the aba criminal justice standards have guided policymakers and practitioners working in the criminal justice arena. C) after determining the client’s immigration status and potential adverse consequences from the criminal proceedings, including removal, exclusion, bars to relief from removal, immigration detention, denial of citizenship, and adverse consequences to the client’s immediate family, counsel should advise the client of all such potential consequences and determine with the client the best course of action for the client’s interests and how to pursue it.
K) defense counsel who formerly participated personally and substantially in the prosecution or criminal investigation of a defendant should not thereafter represent any person in the same or a substantially related matter, unless waiver is obtained from both the client and the government. B) defense counsel should not strike jurors based on any criteria rendered impermissible by the constitution, statutes, or applicable rules of the jurisdiction or these standards, including race, sex, religion, national origin, disability, sexual orientation or gender identity.
Literary or media rights agreements prohibited (a) before the conclusion of all aspects of a criminal representation in which defense counsel participates, defense counsel should not enter into any agreement or informal understanding by which the defense counsel acquires an interest in a literary or media portrayal or account based on or arising out of defense counsel’s involvement in the matter. G) because the death penalty differs from other criminal penalties, defense counsel in a capital case should make extraordinary efforts on behalf of the accused and, more specifically, review and comply with the aba guidelines for the appointment and performance of defense counsel in death penalty rd 4-1.
Defense counsel’s public statements should otherwise be consistent with the aba standards on fair trial and public discourse. When there is not yet a criminal case, such multiple representation should be engaged in only when, after careful investigation and consideration, it is clear either that no conflict is likely to develop at any stage of the matter, or that multiple representation will be advantageous to each of the clients represented and that foreseeable conflicts can be waived.
Members of this group should provide prompt and confidential guidance and advice to defense counsel seeking assistance in the application of standards of professional conduct in criminal representations. Defense counsel should be available to assist other groups in the community in addressing problems that lead to, or result from, criminal activity or perceived flaws in the criminal justice system.
2017 aba, all rights or renew your aba specialty member discounts and s & ments & ity & inclusion 360 ity & inclusion mental & legislative ity of law sion on hispanic legal rights & aba ces for & rules of professional & related & small firm resource profession nt pricing for discounts for al institute course t media mission and history and governance and ts for ated business conduct > publications > criminal justice section archive > defense al justice section e functiondefense function in february 1991, 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. C) defense counsel should know and abide by the standards of professional conduct as expressed in applicable law and ethical codes and opinions in the applicable jurisdiction.
B) in determining the amount of the fee in a criminal case, it is proper to consider the time and effort required, the responsibility assumed by counsel, the novelty and difficulty of the issues involved, the skill requisite to proper representation, the need for any special technology, experts, investigators, or other unusual expenses, the likelihood that other employment will be precluded, the fee customarily charged in the locality for similar services, the gravity of the charge, the experience, reputation, and expertise of defense counsel, and the ability of the client to pay the fee. Appellate review of sentences collateral sanctions and discretionary disqualification of convicted persons criminal appeals defense function discovery dna evidence electronic surveillance of private communications fair trial & public discourse guilty pleas joinder & severance law enforcement access to third party recordsmental health [revised 2016]monitorspost-conviction remedies pretrial release prosecution function prosecutorial investigations providing defense services sentencing special functions of the trial judge speedy trial technologically-assisted physical surveillance treatment of prisoners trial by jury urban police -approved law school ment and public sector interest ising & california privacy rights |.
