In what circumstances will the jury consider the credibility of witnesses who have pled guilty to the same charges?

MultiRegion, United States of America

The following excerpt is from U.S. v. Nam, 61 F.3d 914 (9th Cir. 1995):

GER 45-46. During the final instructions, the court gave similar instructions, instructing the jury to consider with caution the testimony of witnesses who had pled guilty. GER 176. In light of these cautionary instructions, it is highly unlikely the jury would have construed the court's final instruction regarding the irrelevance of the guilt or innocence of Nam's coconspirators as precluding it from taking those coconspirators' guilty pleas into consideration in weighing their credibility. The two instructions addressed different subject matters. Cf. United States v. Reed, 726 F.2d 570, 579 (9th Cir.) (finding instruction on the credibility of a witness who has pled guilty and instruction on the irrelevance of the punishment for the offense covered different subject matters), cert. denied, 469 U.S. 871 (1984). Moreover, as discussed, the court had previously made very clear to the jury that guilty pleas were to be considered in assessing the credibility of the witnesses. Thus, we find that the court did not abuse its discretion in instructing the jury as it did.

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