ABA Standards for Criminal Justice

The criminal justice process can be a confusing and frightening thing for everybody that comes in contact with it, from the prosecutor to witnesses to the accused. Fortunately, courts have long adhered to the American Bar Association's Criminal Justice Standards, making the process fairer and more predictable.

History

Before 1964, no uniform code of ethics for the criminal justice process existed, leaving a variety of standards between the various states and federal court systems. Recognizing the need to improve the practice of the law and intending to improve the "fairness, efficiency and effectiveness of criminal justice" and to strike a balance "between the protection of society and the...constitutional rights of the accused..." the ABA set about creating the ABA Criminal Justice Standards.

Process

In creating the uniform standards the ABA gathered hundreds of legal professionals into one Standards committee, chaired by future chief justice Warren E. Berger. This committee reviewed and discussed the state of the criminal justice as it existed at that time, drafted and redrafted proposed rules and when the standards were finally issued it was a "monumental" event.

Introduction and Evolution

When the Standards were first introduced in 1964, they encompassed 17 volumes. A decade later the initial volumes were updated and newer volumes were added as they became necessary and eventually a second edition was introduced. Today the standards have grown beyond the original 17 volumes to 23 and have been updated to reflect advances in technology, specifically the use of DNA and other forensic evidence.

Standards

The simple aim of the standards was to improve the fairness and uniformity of the criminal trial and predictably most volumes cover such things as courtroom etiquette, jury relations, the appellate process. However, the standards weren't merely confined to the courtroom and instead cover the far range of the criminal justice process, with volumes dedicated to the function of the prosecutor, the use of discovery and the relationship with the press.

Reception

The standards were an immediate hit upon first introduction but this reception was not always guaranteed. After all, the ABA is a voluntary bar organization, lacking the power to punish or accredit members, making it little more than an advisory body. Under these circumstances it is possible that the standards might well have been ignored. However, the courts took to the standards immediately and their influence was further sealed when Berger was appointed chief justice of the United States Supreme Court in 1969.

Influence and Legacy

While the ABA has no power to implement binding rules on its own, relying instead on the courts and various state bar associations to adopt its recommendations, over the years the Criminal Justice Standards has been the go-to authority, particularly for the Supreme Court. State courts also have regularly turned to the standards for guidance and in the 40 years since its introduction, these non-binding standards have become de facto rules of the court Even some legislatures have followed suit, following the standards when drafting laws.

Caution

Be aware that if the Criminal Justice Standards were adopted in your home state that they may have been altered. Always consult with a licensed attorney in your area for more information.

References

• Introduction: The ABA Standards for Criminal Justice, Warren E. Burger, 12 Am. Crim. L. Rev. 251 (1974)
• The Making of the ABA Criminal Justice Standards: Forty Years of Excellence, Martin Marcus
• ABA Criminal Justice Section