What is the conflict between co-defendants?

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.

Can co defendants testify against each other?

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.

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Jury Instruction - Accomplice - Co-Defendant - Plea Agreement

South Carolina Jury Instruction - Accomplice - Co-Defendant - Plea Agreement

Name: South Carolina Jury Instruction - Accomplice - Co-Defendant - Plea Agreement
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Federal - Jury Instructions - Special Instructions

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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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.

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.

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.

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.

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.

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.

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.

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I. When the Co-defendant Testifies for the State. A. Terms of any Plea Agreement. 1. Cross-Examining the Co-Defendant. 2. Calling the Co-Defendant's ... ("It is established that the guilty plea of a co-defendant may not be used as substantive evidence of another defendant's guilt. . . . [H]owever, testifying co- ...Many federal circuits have pattern jury instructions formulated by committees of judges and practitioners and approved by the circuit for use in criminal cases. Practical, thorough, and scholarly, this 550+ page book covers the criminal trial process from beginning to end with an uniquely South Carolina-specific ... The jury was informed, through testimony and introduction of the plea agreements themselves, that the accomplices had entered guilty pleas and that, in exchange ... Sep 19, 2018 — IN THIS CASE THE GOVERNMENT CALLED AS ONE OF ITS WITNESSES AN ALLEGED ACCOMPLICE, NAMED AS A CO-DEFENDANT IN THE INDICTMENT, WITH WHOM THE ... May 13, 2019 — Petitioner Patel here contends that in states like. California, where a person can be convicted of a crime on the testimony of an accomplice ... Do not use this instruction if an accomplice or codefendant testifies for the defendant. Use WPIC 10.51 (Accomplice—Definition) with this instruction. This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to ... A circuit court gives a Caudill instruction to inform the jury that it may consider an accomplice's testimony about their guilty plea only to assess the ...

South Carolina Jury Instruction - Accomplice - Co-Defendant - Plea Agreement

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