Joinder and Severance of Charges and Defendants (From Criminal Justice Administration Cases and Materials, Fourth Edition, P 828-841, 1991, Frank W Miller, Robert O Dawson, et al. -- See NCJ-129355)

• NCJ Number: 129374
• Author(s): F W Miller; R O Dawson; G E Dix; R I Parnas
• Date Published: 1991
• Length: 14 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This chapter presents two U.S. Supreme Court cases -- United States v. Foutz (1976) and Schaffer v. United States (1960) -- pertaining to the joinder and severance of charges and defendants.

Abstract

Laws in most jurisdictions permit the prosecutor to bring a multiplicity of charges, charge more than one defendant, or both. The rationale for permitting departure from the one charge/one defendant model is to increase the efficiency of adjudication by trial. In United States v. Foutz the petitioner was charged with two robberies of the same bank in one indictment, since the offenses were of the "same or similar character." Defense motion for a severance alleged that the defendant would be prejudiced by a joint trial. The motion was denied. The jury returned a verdict of guilty on both robberies. The Supreme Court held that although the government proved enough of a case against Foutz for one robbery, evidence was insufficient for conviction for the second robbery. The Court reversed convictions of both offenses and ordered new separate trials. In Schaffer v. United States, the petitioner argued that the dismissal of the conspiracy charge created implicit prejudice in a continuation of the joint trial. Although the Court found no prejudice in this case, it advised that the trial judge has a continuing duty at all stages of the trial to grant a severance if prejudice does appear. Case notes are provided.