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In Determining Whether to Proceed Against a Defendant on Multiple

Question 36

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In determining whether to proceed against a defendant on multiple criminal charges jointly or separately, which ONE of the following factors is the most essential consideration for a prosecutor?


A) The time that will be saved in trial of the charges against the defendant if one trial is held to consider all charges pending against the defendant.
B) Whether separate trials will pose an inconvenience to counsel and witnesses.
C) Whether a set of violations may constitute distinct violations of criminal statutes, yet may be considered part of the "same offense" under the Double Jeopardy Clause of the U.S. Constitution.
D) Whether statutes proscribing offenses charged against the defendant are described in separately enumerated statutes.

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