|  Join ABA  |  Media  |  Contact
Advanced Search
Topics A-Z
 
Print This  | Page Feedback
 
Criminal Justice Section: CRIMINAL JUSTICE STANDARDS COMMITTEE

Criminal Justice Section:
CRIMINAL JUSTICE STANDARDS COMMITTEE

Who We Are

The Standards Committee is responsible for keeping the prestigious multi-volume Standards for Criminal Justice up-to-date and relevant to criminal justice policymakers and practitioners. Appointed by the ABA President from recommendations of the Section Chair, its nine members commission task forces to draft new Standards on emerging issues or to propose revisions to existing Standards. The Committee reviews, refines, and presents the task forces' proposed "black letter" Standards to the Criminal Justice Section Council for approval prior to their submission to the ABA House of Delegates. Once the Standards are approved as ABA policy, the Committee approves commentary to accompany them in published volumes.

Committee Chair:Martin Marcus

Chairs and Reporters of Current Task Forces:

Diversion and Special Courts: Irma Raker, Chair; Walter Dickey, Reporter

Legal Status of Prisoners: Margaret Love, Chair; Margo Schlanger, Reporter

Prosecution/Defense Function: John Tunheim, Chair; Rory Little, Reporter

Prosecutorial Investigations: Ronald Goldstock, Chair; Steven Solow, Reporter

Transaction Surveillance: Michael Bender, Chair; Stephen Henderson, Reporter

Goals for 2009-2010:

As always, it is the goal of the Criminal Justice Standards Committee to ensure that the Criminal Justice Standards continue to be relevant, timely, and of the highest quality, by updating, revising and expanding existing volumes and developing new ones. In the coming year, the Committee hopes to accomplish the following:

? Following a successful first reading by the Section Council in August 2009, the Standards Committee will be presenting proposed Standards on the Treatment of Prisoners to the Council in November 2009 for a second reading. If approved by the Council then, the Standards will be submitted to the ABA House of Delegates in February 2010. Once approved by that ABA policymaking body, the proposed Standards will supplant the current Legal Status of Prisoners Standards. Presenters include Task Force Reporter Margo Schlanger, Task Force Chair Margaret Colgate Love, and Standards Committee Chair Martin Marcus.

? In late October 2009, the Standards Committee will meet to resume review of the proposed Prosecution Function Standards and Defense Function Standards begun in late May 2009. The Committee hopes that by the end of the Association Year, one or both sets of proposed Standards will be ready for submission to the Council for the first of two required first readings. The chair of the Prosecution/Defense Function Task Force is Judge John Tunheim and its reporter is Prof. Rory Little.

? At its October meeting, the Standards Committee will also continue its review of the commentary to the House of Delegates-approved Prosecutorial Investigation Standards. In addition, at that meeting or by telephone conference call, the Committee will review a proposal to conform several individual Criminal Justice Standards relating to juries to the 2005 ABA Jury Principles.

? Having held its last meeting in July 2009, the Task Force on Diversion and Special Courts will be submitting its proposed drafts to the Standards Committee in the fall of 2009. The two new sets of standards on alternatives to the traditional adjudication of criminal cases are expected to replace and broaden Standards in the second edition Pretrial Release Standards that were not included in the third edition of those Standards. The Task Force chair is Judge Irma Raker and the reporter is Prof. Walter Dickey.

? Following its final meeting in October 2009, the (formerly denominated) Transactional Communications Task Force will be sending to the Standards Committee draft standards on government access to third party records relating to transactions such as telephone calls, e?mail exchanges, internet use and credit card purchases. The Task Force chair is Justice Michael Bender and the Task Force reporter is Prof. Stephen Henderson.

? The Task Force on Post-Conviction Remedies will hold its third meeting in September 2009. Throughout the Association Year, it will meet at least two more times in drafting third edition Post-Conviction Remedies Standards. The Task Force chair is Robert Johnson and the Task Force reporter is Larry Yackle.

? A Juvenile Justice Committee Task Force will meet in December and probably two more times during the year to complete drafting new Juvenile Justice Standards concerning health, educational, social and other services for juveniles in the juvenile justice system. Once completed, the Task Force draft will be submitted to the Standards Committee for review. Judge Ernestine Gray chairs the Task Force; Prof. Kristin Henning serves as its reporter.

? The Standards Committee expects to commission a new Task Force to begin work early in the new Association Year to update the Fair Trial and Free Press Standards.

Activities and Projects

1. DNA Evidence: The DNA Evidence Standards approved in August 2006 have been published along with commentary in ABA Criminal Justice Standards: DNA Evidence. For a pdf copy of the publication click here. For order information, click here.

2. Diversion and Special Courts: This Task Force is drafting recommendations for a new set of Standards to update and supplement former Pretrial Release Standards on diversion.

3. Legal Status of Prisoners: This Task Force is finalizing recommendations for updating the 1980 Standards on the Legal Status of Prisoners (except for Part VII of that volume which has already been updated and published in 2004 in a volume entitled Collateral Sanctions and Discretionary Disqualification of Convicted Persons).

4. Pretrial Release: In February 2002, the ABA House of Delegates approved "black letter" standards that appear with commentary in a publication entitled: ABA Standards for Criminal Justice: Pretrial Release, 3d ed. ? 2007. For the text of the publication, click here. To go directly to individual "black letter" standards (without commentary), click here. For information about purchasing the printed volume, click here.

5. Prosecution and Defense Function: This Task Force is drafting proposed revisions to Third Edition Standards on the Prosecution Function and Defense Function. For the current version of the Prosecution Function Standards, click here; for the current version of the Defense Function Standards,click here.

6. Prosecutorial Investigations: At its 2008 Midyear Meeting, the ABA House of Delegates approved a detailed set of "black letter" Criminal Justice Standards on Prosecutorial Investigations. These new Standards supplement the Prosecution Function Standards and are intended as a guide to prosecutors actively engaged in criminal investigations or performing legally mandated investigative responsibilities. To go directly to individual "black letter" standards, click here. Commentary to these Standards is currently being developed and once it is approved by the Standards Committee will accompany these ?black letter? Standards in a published volume.

7. Speedy Trial: A Third Edition volume on "Speedy Trial and Timely Resolution of Criminal Cases" is now available. For order information, click here. To view the "black letter" Standards on-line, click here.

8. Transaction surveillance: This Task Force is drafting mew standards to supplement standards on Electronic Surveillance and Technologically Assisted Physical Surveillance.

Upcoming Meetings:

Transaction Surveillance

October 6-7, 2007

Washington, DC

Diversion and Special Courts TF

November 16-17, 2007

Washington D.C

January 18-19, 19-20, or 20-21, 2008

Denver CO

Standards Comm & Task Forces

November 17-18, 2007

LSOP; Jury Stds, Counsel at first appearance; Implementation

Prosecution/Defense Function TF

February 2-3, 2008 (Stetson University, Gulfport FL)

June 28-29, 2008 (New York area)

Related Websites:

Criminal Justice Standards Homepage (Lists all current Standards with links to "black letter" text)

Standards Order Information

Sample Criminal Justice Standards

Standards for Criminal Justice, Third Edition: Speedy Trial and Timely Resolution of Criminal Cases
This publication contains updated standards addressing the defendant's right to a speedy trial and new standards addressing the public's interest in t... more

Modified by Regina Ashmon on August 24, 2009

Back to Top

Copyright American Bar Association. http://www.abanet.org