Colorado Jury Instruction - Accomplice - Co-Defendant - Plea Agreement
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FAQ
Co-defendants often have conflicting interest in a criminal case. A prosecutor may offer a co-defendant a plea agreement to testify against or "flip" against the other co-defendants in a case.
The Sixth Amendment of the Constitution of the United States prohibits the government from introducing into evidence any and all statements by co-defendants that tend to incriminate an accused, when those co-defendants do not testify at trial.
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.
The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.
A conflict of interest arises in joint representation when co-defendants have different needs and interests, and the attorney can't defend one of them without hurting the other. In addition to the armed robbery example, here are a few more examples to help explain how co-defendants may have conflicting interests.
There's cases called Aranda-Bruton Rule. These cases stand for the proposition that yes, at a preliminary hearing a co-defendant's statement can come in against another co-defendant and against them as an admission even if the defense attorney doesn't have an opportunity to cross-examine that co-defendant.