Separate Consideration — Multiple Defendants Charged with the Same Crimes is a legal term that describes when multiple defendants are charged with the same crime(s). The concept of separate consideration means that each defendant is considered separately for trial, sentencing, and/or other legal matters. This ensures that each defendant is treated fairly and that no defendant is held responsible for the actions of another. There are two types of separate consideration: joint trial and separate trials. In a joint trial, all defendants are tried together, with the same jury and the same judge. In a separate trial, each defendant is tried individually, with a different jury and a different judge. This allows each defendant to receive individual attention and ensure that no one is held responsible for the actions of another.
SEPARATE CONSIDERATION--MULTIPLE DEFENDANTS CHARGED WITH THE SAME CRIMES
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FAQ
It depends on the details of the incident. But yes, they certainly can?at least in California and some other states.
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 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.
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.
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.
The Fifth Amendment to the Constitution provides in part that ?nor shall any person be subject for the same offense to be twice put in jeopardy of life and limb.? This is referred to as the double jeopardy clause, and it protects an individual from being charged with, tried for, or convicted of the same crime twice.
The obvious application of double jeopardy is when law enforcement finds new evidence of the defendant's guilt after the jury has already acquitted them. The prosecution cannot charge them again, even if the evidence shows that they probably are guilty.