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1989 ABA Guidelines

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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

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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

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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