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American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases

NCJ Number
124718
Date Published
1989
Length
150 pages
Annotation
These guidelines are designed to assist jurisdictions planning for the handling of capital cases. The standards were developed to assure effective assistance of counsel in capital trials. Commentary is provided with each guideline to provide explanation for their development.
Abstract
Subjects treated by the guidelines include number of attorneys per case, legal representation plans, selection of counsel, attorney eligibility, workload, monitoring and removal, supporting services, training, and establishment of performance standards. Trial procedure is discussed with emphasis placed on investigation, client contact, filing of motions, plea negotiations, voir dire and jury selection, objections, sentencing, and appellate procedure. Post judgement procedures are also discussed. The guidelines were developed taking into account the specialization required of counsel in capital cases and the need to minimize delay and expense. While some organized standards have been developed on the state level, this work represents the first comprehensive national plan for assignment and performance of counsel in capital cases.