Explain the Bruton rule and give an example. What are some of the things the prosecution can do to deal with Bruton problems?
What will be an ideal response?
The Bruton rule comes into play when one defendant has made incriminating statements against another party involved in the crime but that information cannot be used in court unless the defendant chooses to take the stand and possibly incriminate himself while testifying about a co-defendant. To get around this Bruton rule, the prosecutor ordinarily has two options available:
- Make concessions to X (lower or drop criminal charges or sentence concessions) to get him to become a state witness and incriminate himself and Y and Z.
- If X will not cooperate or if it is decided that concessions should not be made, drop the criminal charges against Y and Z and proceed to trial against X (failure to cooperate could result in a greater sentence).
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What will be an ideal response?