Flashcards in FRCP - Joinder of Offenses & Defendants Deck (13)
Which rule is joinder of offenses or defendants?
Which offense may be joined?
1. Offenses of same or similar character;
2. Same act or transaction;
3. Common scheme or plan.
Which D may be joined?
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
How do you severe?
File Rule 18 or 12 Motion to Sever
Most common reason "indictment infers criminal propensity"
What is the review for severance?
Joiner of Counts proper UNLESS "substantial prejudice by miscarriage of justice"
Joinder of D at trial...
Gov't doesn't have to provide evidence of proper joinder at trial
Joining unrelated D
EVERY D must have participated with EVERY other D
Bad Faith Conspiracy allegation by Gov't
D must still show prejudice
Can you prove "misjoinder" at trial?
No, trial evidence cannot be used to prove misjoinder
What is "Duplicity"?
charging multiple crimes in one count PROHIBITED
What is "Multiplicity"?
charging one offense in multiple counts PROHIBITED
How do you respond to "Duplicity"?
File a Motion to Elect under Rule 12(b)
!!Failure to renew at close of Gov't case waives!!