FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
Go to Volume
3
Table of Contents - Go
to Chapter
19 Table of Contents
19.3 Conflict Between Codefendants
19.3.1 Clarification Of Burden Of Proof When One Defendant Points The Finger At Another
19.3.2 "Reverse Missing Witness" Instruction When Witness Is Codefendant Or Accomplice
19.3.3 Inculpatory Statement Of One Codefendant In Multi-Defendant Trial (Bruton)
19.3.4 Whether Instructions Against Drawing Inference From Defendant's Failure To Testify Should Be Given When Defendants Disagree
19.3.5 Limitation Of Consciousness Of Guilt Evidence To Applicable Codefendant
19.3.6 Applicability Of Flight Of Codefendant To Defendant: Conspiracy Or Joint Venture
19.3.7 Consciousness Of Guilt By Codefendant Is Not Testimony Against Defendant For Purposes Of Confrontation And Bruton
19.3.8 [Reserved]
19.3.9 Efforts by Defendant to Alter Evidence In Multiple Defendant Cases: Only Applicable To Defendant Who Made The Attempt
19.3.10 Conspiracy: Limiting Instruction When Coconspirator Statements Are Not Admissible Against All Codefendants
19.3.11 When Alibi Is Not Raised By All Codefendants In Multi-Defendant Trial
19.3.12 Remorse As Mitigation: Conflict Between Codefendants When One Relies On Remorse And The Other Doesn't
19.3.13 Remorse As Mitigation: Conflict Between Codefendant's Regarding Right To Testify And Right To Allocution
19.3.14 Readback: Where Readback Helps Some Codefendants And Harms Others (Multiple)
19.3.15 Accomplice Cautionary Instruction: Refusal As Reversible Error
19.3.16 Accomplice Instruction: Improper When Accomplice Is Codefendant
19.3.17 No Reference To The Term "Accomplice"
19.3.18 Impeachment By Prior Conviction: Cautionary/Limiting Instruction In Multiple Defendant Cases
19.3.19 Presence Of Codefendant As Suggestive
19.3.20 Propriety Of Partial Verdict Instruction: Multiple Defendants
19.3.21 Lingering Doubt Or Residual Doubt: Multiple Defendants
19.3.22 Severance Of Parties: Cautionary Instruction
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.1 Clarification Of Burden Of Proof When One Defendant Points The Finger At Another
See FORECITE National™ 270.2.16 [Clarification Of Burden Of Proof When One Defendant Points The Finger At Another].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.2 "Reverse Missing Witness" Instruction When Witness Is Codefendant Or Accomplice
See FORECITE National™ 36.2.2.2 ["Reverse Missing Witness" Instruction When Witness Is Codefendant Or Accomplice And Cannot Be Called By Defendant].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.3 Inculpatory Statement Of One Codefendant In Multi-Defendant Trial (Bruton)
See FORECITE National™ 26.10.2 [Inculpatory Statement Of One Codefendant In Multi-Defendant Trial (Bruton)].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.4 Whether Instructions Against Drawing Inference From Defendant's Failure To Testify Should Be Given When Defendants Disagree
See FORECITE National™ 18.3.3 [Whether Instructions Against Drawing Inference From Codefendant's Failure To Testify Should Be Given When Defendants Disagree].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.5 Limitation Of Consciousness Of Guilt Evidence To Applicable Codefendant
See FORECITE National™ 34.3.4 [Limitation Of Flight Evidence To Applicable Codefendant].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.6 Applicability Of Flight Of Codefendant To Defendant: Conspiracy Or Joint Venture
See FORECITE National™ 34.3.5 [Applicability Of Flight Of Codefendant To Defendant: Conspiracy Or Joint Venture].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.7 Consciousness Of Guilt By Codefendant Is Not Testimony Against Defendant For Purposes Of Confrontation And Bruton
See FORECITE National™ 34.2.12 [Consciousness Of Guilt By Codefendant Is Not Testimony Against Defendant For Purposes Of Confrontation And Bruton].
19.3.8 [Reserved]
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.9 Efforts by Defendant to Alter Evidence In Multiple Defendant Cases: Only Applicable To Defendant Who Made The Attempt
See FORECITE National™ 34.5.1 [Efforts By Defendant To Alter Evidence In Multiple Defendant Cases: Only Applicable To Defendant Who Made The Attempt].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.10 Conspiracy: Limiting Instruction When Coconspirator Statements Are Not Admissible Against All Codefendants
See FORECITE National™ 83.3.13.3 [Conspiracy: Limiting Instruction When Coconspirator Statements Are Not Admissible Against All Codefendants].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.11 When Alibi Is Not Raised By All Codefendants In Multi-Defendant Trial
RATIONALE: An explanatory instruction may be necessary when some codefendants rely on alibi and others do not. Without such instruction the jurors may be confused as to which codefendants the alibi rules are applicable.
POINTS AND AUTHORITIES: It is established that the jury must consider each codefendant separately. (See FORECITE National™ 276.7.2 [Multiple Defendants: Separate Consideration Of Multiple Defendants].) Hence, when alibi is relied upon by some codefendants and not others, a special instruction clarifying the applicability of the law relating to alibi may be appropriate. (See NEBRASKA CRIMINAL JURY INSTRUCTIONS, NJI2d Crim 8.1, comment [Alibi] (West, 2nd ed. 1992).)
FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 4.1; 7.3].
USE NOTE: The alternatives in parenthesis at the end of the sample instruction below suggest that a brief statement as to the particulars of the time and place of the crime may be preferable to a general reference to the crime. "Such particulars no doubt are preferable if there is any possibility of confusion as to what constitutes physical presence at the crime." (NEBRASKA CRIMINAL JURY INSTRUCTIONS, NJI2d Crim 8.1, comment [Alibi] (West, 2nd ed. 1992).)
RESEARCH NOTES:
See generally, FORECITE National™ 305.13.12 [Multiple Defendants].
SAMPLE INSTRUCTION # 1:
Defendant ____________ (insert name of accused accomplice) is alleged to be an [aider and abettor] [accomplice] and, therefore, may be convicted even though [he] [she] was not personally present when the crime was allegedly committed.
Defendant ____________ (insert name of accused perpetrator) is alleged to be the perpetrator. Therefore, [he] [she] cannot be convicted unless the prosecution proves beyond a reasonable doubt that [he] [she] was personally present and committed every element of the charged crime.
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.12 Remorse As Mitigation: Conflict Between Codefendants When One Relies On Remorse And The Other Doesn't
See FORECITE National™ 303.7.5.2 [Remorse As Mitigation: Conflict Between Codefendants When One Relies On Remorse And The Other Doesn't].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.13 Remorse As Mitigation: Conflict Between Codefendant's Regarding Right To Testify And Right To Allocution
See FORECITE National™ 303.7.5.3 [Remorse As Mitigation: Conflict Between Codefendant's Regarding Right To Testify And Right To Allocution].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.14 Readback: Where Readback Helps Some Codefendants And Harms Others
See FORECITE National™ 284.1.12 [Readback: Where Readback Helps Some Codefendants And Harms Others].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.15 Accomplice Cautionary Instruction: Refusal As Reversible Error
APPELLATE PRACTICE NOTE: U.S. v. Bernal (5th Cir. 1987) 814 F2d 175, 183 held that the failure to give an accomplice cautionary instructions was reversible error.
RESEARCH NOTES:
See generally, FORECITE National™ 305.1.5 [Accomplices].
See also generally, FORECITE National™ 305.13.12 [Multiple Defendants].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.16 Accomplice Instruction: Improper When Accomplice Is Codefendant
See FORECITE National™ 25.6.4 [Accomplice Instruction: Improper When Accomplice Is Codefendant].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.17 No Reference To The Term "Accomplice"
See FORECITE National™ 25.6.6 [No Reference To The Term "Accomplice"].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.18 Impeachment By Prior Conviction: Cautionary/Limiting Instruction In Multiple Defendant Cases
See FORECITE National™ 27.3.2.1 [Impeachment Of Defendant By Prior Conviction -- Cautionary/Limiting Instruction].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.19 Presence Of Codefendant As Suggestive
See FORECITE National™ 31.8.2 [Eyewitness Identification: Presence of Codefendant As Suggestive].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.20 Propriety Of Partial Verdict Instruction: Multiple Defendants
See FORECITE National™ 287.4.3 [Propriety Of Partial Verdict Instruction: Multiple Defendants].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.21 Lingering Doubt Or Residual Doubt: Multiple Defendants
See FORECITE National™ 303.7.3.5 [Lingering Doubt Or Residual Doubt: Multiple Defendants].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 3 - CHAPTER 19
19.3.22 Severance Of Parties: Cautionary Instruction
See FORECITE National™ 16.19.1 [Severance Of Parties: Cautionary Instruction].