In a joint trial, the introduction of a codefendant's confession against another defendant implicates which constitutional principle?

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Multiple Choice

In a joint trial, the introduction of a codefendant's confession against another defendant implicates which constitutional principle?

Confrontation Clause rights. The Sixth Amendment guarantees that a defendant may confront and cross-examine the witnesses against him. In a joint trial, admitting a codefendant’s confession against the other defendant directly exposes a non-testifying declarant’s statement to the jury, and the defendant cannot cross-examine that declarant. This violates the confrontation right. The Bruton rule reinforces this by holding that a codefendant’s confession that implicates another defendant cannot be used in a joint trial unless it is redacted to remove the implicating references or the trials are severed so the declarant testifies separately. The other listed rights—counsel, speedy trial, and privacy—do not govern this specific issue.

Confrontation Clause rights. The Sixth Amendment guarantees that a defendant may confront and cross-examine the witnesses against him. In a joint trial, admitting a codefendant’s confession against the other defendant directly exposes a non-testifying declarant’s statement to the jury, and the defendant cannot cross-examine that declarant. This violates the confrontation right. The Bruton rule reinforces this by holding that a codefendant’s confession that implicates another defendant cannot be used in a joint trial unless it is redacted to remove the implicating references or the trials are severed so the declarant testifies separately. The other listed rights—counsel, speedy trial, and privacy—do not govern this specific issue.

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