FRCP - Joinder of Offenses & Defendants

Question 1

Which rule is joinder of offenses or defendants?

Answer 1

Rule 8

Question 2

Which offense may be joined?

Answer 2

Rule 8

1. Offenses of same or similar character;
2. Same act or transaction;
3. Common scheme or plan.

Question 3

Which D may be joined?

Answer 3

Rule 8

1. Same act or transaction;
2. Same series of acts or transactions;

All D need not be on EACH Count
D cannot be the only link between Counts

Question 4

How do you severe?

Answer 4

File Rule 18 or 12 Motion to Sever

Most common reason “indictment infers criminal propensity”

Question 5

What is the review for severance?

Answer 5

Joiner of Counts proper UNLESS “substantial prejudice by miscarriage of justice”

Question 6

Joinder of D at trial…

Answer 6

Gov’t doesn’t have to provide evidence of proper joinder at trial

Question 7

Joining unrelated D

Answer 7

EVERY D must have participated with EVERY other D

Question 8

Bad Faith Conspiracy allegation by Gov’t

Answer 8

D must still show prejudice

Question 9

Can you prove “misjoinder” at trial?

Answer 9

No, trial evidence cannot be used to prove misjoinder

Question 10

What is “Duplicity”?

Answer 10

charging multiple crimes in one count PROHIBITED

Question 11

What is “Multiplicity”?

Answer 11

charging one offense in multiple counts PROHIBITED

Question 12

How do you respond to “Duplicity”?

Answer 12

File a Motion to Elect under Rule 12(b)

!!Failure to renew at close of Gov’t case waives!!

Question 13

How do you respond to “Multiplicity”?

Answer 13

1. File Motion to Consolidate under Rule 12(b)
2. File Motion to Strike under Rule 7(d)
3. Make Motion to Elect at close of case
   !!Failure to renew at close of Gov’t case waives!!