Joint Criminal Trials with Multiple Juries: Why They Are Used and Suggested Ways to Implement Them

In cases where multiple people are accused of a crime, it can be difficult to have one trial for everyone because some evidence may only apply to one person. Traditionally, the options for the prosecutor are to have one trial without using certain evidence, to have one trial with the evidence edited to only apply to one person, or to have separate trials for each person. However, having separate trials can create problems, like having to repeat the same evidence multiple times. To solve this, some courts are now trying multiple jury trials, where each defendant has their own jury and only hears evidence that applies to them. This can save time and resources while still protecting the rights of the accused. In the 1970s, federal and state appellate courts approved the use of multiple jury trials for criminal cases. These trials involve separate juries for different defendants in the same case. The courts ruled that this system did not violate defendants’ rights, as long as it was applied carefully. Florida was one of the first states to endorse this system after a federal court decision. The courts have emphasized that specific errors in the application of multiple jury trials must be shown to warrant reversal of a conviction. They also highlighted the importance of safeguarding defendants’ rights while using this system. When there are multiple defendants in a trial, each defendant should be able to interview and choose their own jury separately. Each defendant’s lawyer should only talk about their client’s case during jury selection. Each defendant should also have their own separate opening statement. The prosecution can present overlapping evidence to both juries, but cross-examination and redirect should be done in front of only one defendant’s jury at a time. When a defendant makes a statement outside of court, the other jurors are excused. If the statement is short, it can be discussed during a long lunch break. If it’s long, the other jurors may leave early while the statement is talked about. If a defendant presents evidence, the codefendants should decide if their jurors will be in the courtroom. If the defendants have a shared defense, it can be effective for their jurors to be in the courtroom during the other’s case. In joint trials with multiple defendants, if their defenses are antagonistic (meaning one defendant’s testimony contradicts the other’s), then they should have separate trials to protect their rights. During the trial, each defendant should have their own closing arguments, jury instructions, and separate deliberations. The verdicts should be kept separate so that one jury’s decision doesn’t influence the other. Multiple juries can save time and money, but it’s important to make sure each defendant gets a fair trial. In some cases, a victim’s testimony in court can be really important for getting a conviction. There have been cases where two defendants were tried at the same time in the same courtroom with two separate juries, and the courts said that was okay. The American Bar Association also says that using multiple juries can sometimes help make sure a trial is fair for everyone involved. Multiple jury trials have been used in criminal cases, but they can cause problems. Some courts have affirmed convictions from multiple jury trials, but they have also warned that the procedure can lead to unfair results and issues for appeal. In one case, a defendant’s rights were violated because a witness and the prosecutor mixed up the defendant’s confession with the confession of a co-defendant. The defendant’s conviction was reversed. Overall, the use of multiple juries in criminal trials has been controversial, with some courts saying it’s okay as long as it’s fair, while others have warned against using it. In some legal cases, different offenses or defendants might be tried together in one trial. However, if this could cause unfairness, the court has the power to separate the offenses or defendants for a fair trial. This can happen if the joinder of offenses or defendants would prejudice the defendant or the government. In some cases, different juries might be used for each offense or defendant to ensure a fair trial for everyone involved. These are citations to legal cases and commentary from a lawyer in Florida. The lawyer talks about the importance of fair trials and how codefendants can have different defenses. The lawyer also shares their background and credentials. This information is provided by the Criminal Law Section of The Florida Bar to educate its members.

Source: https://www.floridabar.org/the-florida-bar-journal/joint-criminal-trials-with-multiple-juries-why-they-are-used-and-suggested-ways-to-implement-them/