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. Although the Second Edition is no longer in print, copies may be available at local law libraries or requests for photocopies of commentary for a limited number of selected standards may be directed to Standards staff.

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.

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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