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    Criminal Justice Standards

    Joinder and Severance


    The following is the complete Table of Contents with links to the "black letter" standards, which were approved by the American Bar Association's House of Delegates in August 1978. The standards are published along with commentary as Chapter 13 in ABA Standards for Criminal Justice: Volume II, 2nd Edition, ©1980 by the American Bar Association. A commentary supplement was published in 1986. 

    Copyright by the American Bar Association. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source.  Some specific Standards can be purchased in book format.

    TABLE OF CONTENTS

    [Use the navigation bar on the left side to go to a specific Part.]

    PART I. DEFINITIONS

    Standard 13-1.1      Accusatory instrument
    Standard 13-1.2      Related offenses
    Standard 13-1.3      Unrelated offenses

    PART II. JOINDER

    Standard 13.2.1       Joinder of offenses
    Standard 13-2.2      Joinder of defendants
    Standard 13-2.3      Failure to join certain offenses

    PART III. SEVERANCE

    Standard 13-3.1      Severance of offenses
    Standard 13-3.2      Severance of defendants
    Standard 13-3.3      Timeliness of motion; waiver, double jeopardy
    Standard 13-3.4      Failure to prove grounds for joinder

    PART IV. AUTHORITY OF THE COURT

    Standard 13-4.1      Authority of court to order joinder on its own motion
    Standard 13-4.2      Authority of court to order severance on its own motion

    PART V. REQUIREMENT OF AN ADEQUATE RECORD

    Standard 13-5.1      Making a record

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