Re-Evaluating Large Multiple-Defendant Criminal Prosecutions

Abstract

Over the last decade, in conjunction with America’s “tough on crime” movement, there has been an ever-increasing focus on recognizing the perceived dangers of group criminal activity. There are many advantages to the investigation and prosecution of group criminal behavior. Still, undoubtedly there are also many issues concerning the process of multiple-defendant cases, specifically the procedural and constitutional guarantees used in connection with such prosecutions.

In this Article, the author looks to the way those charged with crimes involving group criminal behavior are prosecuted. Concerns will be raised in two key areas: (1) Have we extended too much power to state and federal prosecutors in determining where to bring such individuals to trial; and (2) Should the courts scrutinize far more carefully the joining together of these defendants for trial?

Keywords: multiple-defendants, criminal behavior, group activity, and prosecution