South Carolina Jury Instruction - Accomplice - Co-Defendant - Plea Agreement
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FAQ
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.
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 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.
For instance, in a bank robbery, the principal enters the bank and conducts the holdup, while an accomplice drives the getaway car, and an accessory helps the robber avoid arrest after the crime is complete.
Under an accomplice liability theory, you can be convicted of crimes that you did not intend to commit if an accomplice commits a crime that was a ?natural and probable consequence? of the crime that you did intend to commit.
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.
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.
When multiple defendants are charged for the same federal crime, they often receive different sentences based on their particular role, criminal history, and other factors. Judges have broad discretion in federal sentencing, so co-defendants rarely get identical punishment.