South Carolina Jury Instruction - Confession - Statement - Single Defendant
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Bruton, 391 U.S. 123 (1968). The basis of the rule is that criminal defendants have the constitutional right to confrontation ? that is the right to cross-examine witnesses against them. In criminal cases where two defendants are charged jointly with the same crime there will generally be a joint trial.
Under the so-called Aranda/Bruton doctrine, a trial court may generally not allow a jury in a joint criminal trial of a defendant and codefendant to hear the unredacted confession of the codefendant that also directly implicates the defendant?even if the jury is instructed not to consider the confession as evidence ...
In the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Under the Aranda-Bruton rule, a defendant has the right to have a separate trial from their co-defendants if a co-defendant's statement implicates them in the crime.
Court held that a defendant's confrontation clause rights are violated when a non- testifying codefendant's confession naming the defendant as a participant in the crime is introduced at their joint trial, even if the jury is instructed to consider the confession only against the defendant.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.