Indiana Jury Instruction - Confession - Statement - Multiple Defendants
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How to fill out Indiana Jury Instruction - Confession - Statement - Multiple Defendants?
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(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.
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.
Evidence of the conviction is admissible only if: (1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and (2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its ...
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.
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.
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.
(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.