Admissibility of a Conspirator's Guilty Plea in the Trial of a Co-Conspirator: United States v. Kroh, The

Abstract

INTRODUCTION|Jurisdictions allow evidence of a conspirator's guilty plea to be admitted for limited purposes in the trial of a co-conspirator. For example, a conspirator's guilty plea may be admissible as evidence of his own credibility as a witness or as evidence of his participation in the offense. On the other hand, the conspirator's guilty plea may not be used as substantive evidence against the defendant, and the judge must always instruct the jury on the limited use of the evidence. In United States v. Kroh, the United States Court of Appeals for the Eighth Circuit held that the admission of a co-conspirator's guilty plea did not unfairly prejudice the defendant's right to a fair trial. The court in Kroh examined the manner in which the government presented its evidence and found that "the plea was not presented in an inflammatory way." The court also noted that the jury was instructed not to use the guilty plea of the co-conspirator as substantive evidence against the defendant. The court concluded that, upon receiving the cautionary instruction, the jury rendered its decision without prejudice. The court further determined that there was enough evidence, independent of the co-conspirator's guilty plea, to support the conviction of the defendant...