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Criminal Procedure • 14th Amendment
CRIMPRO#050
Legal Definition
In a joint trial, where one defendant gives a confession that implicates the other, the statement is admissible if: (1) all portions referring to the other defendant can be eliminated; (2) the confessing defendant takes the stand; or (3) the confession is used to rebut the defendant's claim that his confession was obtained coercively.
Plain English Explanation
Imagine if Bob and Sam were arrested for stealing a car. After properly being read their Miranda rights, Bob decides to waive his rights and confess to the crime. He says, "I did it. I stole that car. I planned it out, I waited for my opportunity to steal it, and then I stole it. I am guilty. Also, Sam helped." Sam never waived his rights, and yet Bob's confession has now directly implicated Sam in the crime. In this circumstance, if Bob and Sam are tried jointly as co-defendants, then there are only 3 circumstances where Bob's confession may be used:
(1) If the portion that implicates Sam is removed ("Also, Sam helped.")
(2) If Bob gives his confession while on the stand, which would subject Bob to cross-examination, and
(3) If the confession is used to only for the purpose of showing that Bob is a liar if he attempts to claim his confession was coerced.
(1) If the portion that implicates Sam is removed ("Also, Sam helped.")
(2) If Bob gives his confession while on the stand, which would subject Bob to cross-examination, and
(3) If the confession is used to only for the purpose of showing that Bob is a liar if he attempts to claim his confession was coerced.
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