Joinder and severance Flashcards
1
Q
When can D’s be joined?
A
If:
(1) each D is charged with accountability of each offense charged;
(2) each D is charged with conspiracy and some of the D’s are also charged with one or more acts in furtherance of the conspiracy; or
(3) several offenses charged were the part of a common scheme or plan
2
Q
When can D’s be severed?
A
Before trial if it’s necessary to protect a D’s trial right or appropriate to promote fair determination of D’s guilt or innocence.
During trial with the D’s consent and if necessary.
3
Q
What are the State’s options if a Co-D alleges that a statement to be used by another D implicates him?
A
(1) joint trial - don’t use statement at all
(2) joint trial - redact relevant portions of statement
(3) sever D’s and have separate trials
