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16.18 Disposition Of Charges Against Codefendant

    16.18.1 Cautionary Instructions Regarding Disposition Of Charges Against Codefendant
    16.18.2 Disposition Of Charges: Distinction As To Whether The Plea Of The Codefendant Was Made Before Or During Trial
    16.18.3 Jury Not To Consider The Guilty Plea Of An Accomplice Or Codefendant
    16.18.4 No Consideration Of Evidence As To Dismissed Codefendant

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    See NCJIC 19.4.1 [Cautionary Instructions Regarding Disposition Of Charges Against Codefendant].

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PRACTICE NOTE: When the plea is made during trial it may be necessary to caution the jurors because they will be aware that one of the codefendants is absent. "The failure to do so would leave the jury full of curiosity, conjecture and uncertainty." (U.S. v. Hansen (5th Cir. 1977) 544 F2d 778, 780.) However, when the plea was before trial and the prospective jurors were never aware of the existence of the codefendant, "[t]here [is] no need to explain [the codefendant’s] absence." (Ibid.) "And if the trial court thought one was needed, a simple explanation that the case was proceeding against the arraigned defendant only and the jury should not be concerned with any other party would be appropriate." (Ibid.)

    Hence, it would be prejudicial and improper to inform the jury about the plea of a codefendant if they were never aware of the codefendant. "...[T]here is no need to advise the jury or its prospective members that some one not in court, not on trial, and not to be tried, has pleaded guilty. The prejudice to the remaining parties who are charged with complicity in the acts of the self-confessed guilty participant is obvious." (Id. at 780; see also U.S. v. Gonzalez-Gonzalez (1st Cir. 1998) 136 F3d 6, 10 [improper to instruct jury that codefendant’s guilty plea was not "in and of itself" proof of the defendant’s guilt]; see also Caplow & Griffin, Multidefendant Criminal Cases: Federal Law & Procedure (West, 1998) § 15:3.)

See Federal Judicial Center, Pattern Criminal Jury Instruction 17.

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    See NCJIC 19.4.2 [Jury Not To Consider The Guilty Plea Of An Accomplice Or Codefendant].

See Federal Judicial Center, Pattern Criminal Jury Instruction 17.

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    See NCJIC 19.4.3 [No Consideration Of Evidence As To Dismissed Codefendant].

See Federal Judicial Center, Pattern Criminal Jury Instruction 17.