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VOLUME 3 - CHAPTER 19
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19.2 Instruction Must Not Favor One Codefendant Over The Other

    19.2.1 Multi-Defendant Trial -- No Emphasis Of Individual Defendant
    19.2.2 Due Process Requires That The Instructions Be Balanced Between Codefendants
    19.2.3 Accessory Instruction As To One Defendant And Not The Other May Be Improper Comment On Facts
    19.2.4 Instruction On Lesser Offenses As To One Codefendant And Not The Other May Improperly Direct The Jury

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
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VOLUME 3 - CHAPTER 19

PRACTICE NOTE: "A trial court should not, in instructing the jury, unduly emphasize the role a defendant has allegedly had in a multidefendant trial." (U.S. v. Andrus (7th Cir. 1985) 775 F2d 825, 851.) "Just as undue emphasis of particular testimony should not be permitted during deliberations ... so the jury instructions should not give undue emphasis to the conduct of one of several defendants...." (U.S. v. Tagalicud (9th Cir. 1996) 84 F3d 1180, 1185 [court instructed jury how to consider evidence as to one defendant but not how to apply the law to decide the guilt of the other defendants]; see also United States v. Continental Group, Inc. (PA 1978) 456 FSupp 704, 722; Caplow & Griffin, Multidefendant Criminal Cases: Federal Law & Procedure (West, 1998) § 15:12, pp. 288-89.)

See generally, NCJIC 305.13.12 [Multiple Defendants].

See 5th Circuit Pattern Jury Instructions - Criminal 1.22.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.23.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01B.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01C.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01D.

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    See NCJIC 300.12.2 [Due Process Requires That The Instructions Be Balanced Between Codefendants].

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    19.2.3    Accessory Instruction As To One Defendant And Not The Other May Be Improper Comment On Facts  

PRACTICE NOTE: See State v. Roof (SC 1989) 380 SE2d 828 [trial court erred by not giving instruction that defendant could be found guilty as accessory after fact, while giving such instruction with respect to codefendant, when each defendant testified that he had not fired fatal shot]; see also State v. Good (SC 1993) 432 SE2d 463, 465-66.

    See also NCJIC 265.6.4 [Instruction On Lesser Offenses As To One Codefendant And Not The Other May Improperly Direct The Jury].

    See also NCJIC 300.12.2 [Due Process Requires That The Instructions Be Balanced Between Codefendants].

See generally, NCJIC 305.13.12 [Multiple Defendants].

See 5th Circuit Pattern Jury Instructions - Criminal 1.22.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.23.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01B.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01C.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01D.

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
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 VOLUME 3 - CHAPTER 19

PRACTICE NOTE: In multiple defendant cases where the availability of lesser offenses may depend on the particular defendant's role, instruction upon lesser included offenses as to one defendant and not the other may impermissibly imply to the jury that the judge has made a determination as to the defendant's role in the case. (See State v. Roof (SC 1989) 380 SE2d 828 [trial court erred by not giving instruction that defendant could be found guilty as accessory after fact, while giving such instruction with respect to codefendant, when each defendant testified that he had not fired fatal shot]; see also State v. Good (SC 1993) 432 SE2d 463, 465-66.)

    See also NCJIC 265.6 [Lesser Included Offenses And The Federal Constitution].

    See also NCJIC 300.12 [Unbalanced Instructions].

RESEARCH NOTES:

See generally, NCJIC 305.13.12 [Multiple Defendants].

See 5th Circuit Pattern Jury Instructions - Criminal 1.22.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.23.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01B.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01C.

See also 6th Circuit Pattern Jury Instructions - Criminal 2.01D.