Tennessee Jury Instruction - Confession - Statement - Multiple Defendants
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FAQ
The touchstone will always be whether the confession was the result of the suspect's own free will. Even if you are given your Miranda warnings, a confession may still be excluded from trial if it comes after an illegal arrest.
The Sixth Amendment's confrontation clause guarantees defendants in criminal cases the right to be ?confronted with the witnesses against? them. In trials with multiple defendants, this complicates the introduction of a confession by a non-testifying defendant that incriminates a co-defendant.
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.
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.
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 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 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.
