Legal Definitions - separaliter

The term separaliter is a historical legal phrase derived from Latin, meaning "separately." It was formerly used in legal documents, particularly indictments (formal accusations of a crime), to clarify that charges against multiple individuals were distinct and individual, rather than joint.

Its purpose was to emphasize that even if several defendants were named within the same indictment, each person was being accused of their own specific offense(s), and their legal liability was to be considered individually. This was crucial when the general wording of an indictment might otherwise suggest that all defendants were jointly responsible for all listed offenses.

Here are some examples illustrating the historical application of separaliter:

• Example 1: Unrelated Offenses in a Single Document

  Imagine a historical scenario where a prosecutor, for administrative convenience, listed two unrelated individuals, Mr. Davies and Ms. Chen, in a single indictment. Mr. Davies was accused of petty theft from a market on Tuesday, while Ms. Chen was accused of a completely separate incident of public disturbance on Wednesday. If the indictment stated that Mr. Davies and Ms. Chen were charged "separaliter," it would clearly indicate to the court that their alleged crimes were entirely distinct and should be judged independently, despite being presented in the same formal accusation document.

• Example 2: Distinct Roles in a Shared Scheme

  Consider a case involving a group accused of a conspiracy to commit fraud. The indictment might name three individuals: Mr. Evans, who allegedly created fraudulent documents; Ms. Rodriguez, who allegedly presented those documents to a bank; and Mr. Kim, who allegedly received the illicit funds. While all three are connected to the broader fraudulent scheme, the use of "separaliter" would historically clarify that Mr. Evans was being charged specifically for his role in document creation, Ms. Rodriguez for her role in presentation, and Mr. Kim for his role in receiving funds. This ensured that each defendant's specific actions and corresponding charges were treated as individual legal matters, rather than a blanket joint charge for every aspect of the conspiracy.

• Example 3: Individual Liability in a Group Arrest

  Suppose a group of individuals was arrested following a public demonstration, and a single legal document was drafted to formally accuse several of them. One individual, Sarah, was accused of damaging public property, while another, David, was accused of obstructing a public pathway, and a third, Emily, was accused of failing to disperse when ordered. The inclusion of "separaliter" in such an indictment would historically serve to emphasize that Sarah's charge for property damage, David's for obstruction, and Emily's for failure to disperse were distinct accusations against each person for their individual alleged actions, rather than a collective charge against the entire group for all offenses committed during the demonstration.