Jump to: 1989 Guidelines | 2003 Guidelines | 2008 Mitigation Guidelines
1989 ABA Guidelines
| Guideline Number | Description |
|---|---|
| 1.1 | Objective |
| 2.1 | Number of Attorneys Per Case |
| 3.1 | The Legal Representation Plan |
| 4.1 | Selection of Counsel |
| 5.1 | Attorney Eligibility |
| 6.1 | Workload |
| 7.1 | Monitoring and Removal |
| 8.1 | Supporting Services |
| 9.1 | Training |
| 10.1 | Compensation |
| 11.1 | Establishment of Performance Standards |
| 11.2 | Minimum Standards Not Sufficient |
| 11.3 | Determining that Death Penalty is Being Sought |
| 11.4.1 | Investigation |
| 11.4.2 | Client Contact |
| 11.5.1 | The Decision to File Pretrial Motions |
| 11.6.1 | The Plea Negotiation Process |
| 11.6.2 | The Contents of Plea Negotiations |
| 11.6.3 | The Decision to Enter a Plea of Guilty |
| 11.6.4 | Entry of the Plea Before the Court |
| 11.7.1 | General Trial Preparation |
| 11.7.2 | Voir Dire and Jury Selection |
| 11.7.3 | Objection to Error and Preservation of Issues for Post Judgment Review |
| 11.8.1 | Obligation of Counsel at the Sentencing Phase of Death Penalty Cases |
| 11.8.2 | Duties of Counsel Regarding Sentencing Options. Consequences and Procedures |
| 11.8.3 | Preparation for the Sentencing Phase |
| 11.8.4 | The Official Presentence Report |
| 11.8.5 | The Prosecutor’s Case at the Sentencing Phase |
| 11.8.6 | The Defense Case at the Sentencing Phase |
| 11.9.1 | Duties of Trial Counsel in Post Judgment Proceedings |
| 11.9.2 | Duties of Appellate Counsel |
| 11.9.3 | Duties of Postconviction Counsel |
| 11.9.4 | Duties of Clemency Counsel |
| 11.9.5 | Duties Common to All Post Judgment Counsel |
2003 ABA Guidelines
| Guideline Number | Description |
|---|---|
| 1.1 | Objective and Scope of Guidelines |
| 2.1 | Adoption and Implementation of a Plan to Provide High Quality Legal Representation in Death Penalty Cases |
| 3.1 | Designation of a Responsible Agency |
| 4.1 | The Defense Team and Supporting Services |
| 5.1 | Qualificaitons of Defense Counsel |
| 6.1 | Workload |
| 7.1 | Monitoring and Removal |
| 8.1 | Training |
| 9.1 | Funding and Compensation |
| 10.1 | Establishment of Performance Standards |
| 10.2 | Applicability of Performance Standards |
| 10.3 | Obligations of Counsel Respecting Workload |
| 10.4 | The Defense Team |
| 10.5 | Relationship with the Client |
| 10.6 | Additional Obligations of Counsel Representing a Foreign National |
| 10.7 | Investigation |
| 10.8 | The Duty to Assert Legal Claims |
| 10.9.1 | The Duty to Seek an Agreed-upon Disposition |
| 10.9.2 | Entry of a Plea of Guilty |
| 10.10.1 | Trial Preparation Overall |
| 10.10.2 | Voir Dire and Jury Selection |
| 10.11 | The Defense Case Concerning Penalty |
| 10.12 | The Official Presentence Report |
| 10.13 | The Duty to Facilitate the Work of Successor Counsel |
| 10.14 | Duties of Trial Counsel After Conviction |
| 10.15.1 | Duties of Post-Conviction Counsel |
| 10.15.2 | Duties of Clemency Counsel |
2008 Supplementary Mitigation Guidelines
| Guideline Number | Description |
|---|---|
| 1.1 | Objective and Scope of Guidelines |
| 4.1 | The Capital Defense Team: The Role of Mitigation Specialists |
| 5.1 | Qualifications of the Defense Team |
| 6.1 | Workload |
| 8.1 | Training |
| 9.1 | Funding and Compensation |
| 10.3 | Obligations of Team Members Respecting Workload |
| 10.4 | The Defense Team: The Role of Counsel With Respect to Mitigation Specialists |
| 10.11 | The Defense Case: Requisite Mitigation Functions of the Defense Team |