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SEPARATE CONSIDERATION--MULTIPLE DEFENDANTS CHARGED WITH A SINGLE CRIME

Category:
Federal - Jury Instructions - 6th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-6THCIR-CR-2-01B
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Word
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SEPARATE CONSIDERATION--MULTIPLE DEFENDANTS CHARGED WITH A SINGLE CRIME
Separate consideration—multiple defendants charged with a single crime is a legal concept in which multiple defendants have been charged with the same crime, but their cases are considered separately in a court of law. This means that each defendant is judged based on the individual circumstances of their case, rather than collectively. There are two main types of separate consideration: concurrent and consecutive. Concurrent separate consideration is when the defendants are tried at the same time and any sentences are served at the same time. Consecutive separate consideration is when the defendants are tried at different times and any sentences are served one after another.

Separate consideration—multiple defendants charged with a single crime is a legal concept in which multiple defendants have been charged with the same crime, but their cases are considered separately in a court of law. This means that each defendant is judged based on the individual circumstances of their case, rather than collectively. There are two main types of separate consideration: concurrent and consecutive. Concurrent separate consideration is when the defendants are tried at the same time and any sentences are served at the same time. Consecutive separate consideration is when the defendants are tried at different times and any sentences are served one after another.

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FAQ

Criminal Cases with Co-Defendants When going through the legal process, they can either have separate trials or have them together, depending on the case.

A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime. For instance, if A sues B and C, B and C are codefendants.

In some situations, a judge may join trials that are based on different charges if the prosecution would need to prove one charge to prove the others. A joint trial often arises in cases involving conspiracy or sophisticated, organized criminal enterprises.

A judge in a criminal case may feel that it is appropriate to combine the cases of multiple defendants when their charges involve the same set of circumstances. This can help a judge streamline their calendar and resolve a case more efficiently.

Yes. Generally, courts will make sure that all those involved in a drug incident will be prosecuted together. That means that you would typically find out who the co-defendants are in your case very early on. That can be important information.

It can be difficult for an attorney to represent both codefendants competently and diligently as required. The American Bar Association advises against representing co-defendants, but there is no general law forbidding it.

A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to make a single trial both fair and more efficient.

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More info

A separate crime is charged against one or more of the defendants in each count. The charges have been joined for trial.Charge stacking works because the breadth of criminal law probably means any one criminal episode constitutes multiple crimes. (1) When a case has not been adjudicated and a court refers it to a comprehensive collection program as provided in section 1463. A defendant generally does not have a right to a separate trial upon request, except in some narrow situations such as death penalty cases. (c) Conspiracy with multiple criminal objectives. In criminal law, when more than one charge is made against the defendant in the same information or indictment, each charge is stated as a separate count. This chapter deals with joinder and severance — that is, when the. Commonwealth may try more than one offense1 or more than one defendant2 in a single. The law favors the release of defendants pending adjudication of charges.

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