Cite as: 506 U. S. 534 (1993)
Stevens, J., concurring in judgment
of joint trials on at least two prior occasions.6 There will, however, almost certainly be multidefendant cases in which a series of separate trials would be not only more reliable, but also more efficient and manageable than some of the mammoth conspiracy cases which the Government often elects to prosecute. And in all cases, the Court should be mindful of the serious risks of prejudice and overreaching that are characteristic of joint trials, particularly when a conspiracy count is included in the indictment. Justice Jackson's eloquent description of these concerns in his separate opinion in Krulewitch v. United States, 336 U. S. 440, 454 (1949), explains why there is much more at stake here than administrative convenience. See also United States v. Romanello, 726 F. 2d 173 (CA5 1984).
I agree with the Court that a "bright-line rule, mandating severance whenever codefendants have conflicting defenses" is unwarranted. See ante, at 538. For the reasons discussed above, however, I think district courts must retain their traditional discretion to consider severance whenever mutually antagonistic defenses are presented. Accordingly, I would refrain from announcing a preference for joint trials, or any general rule that might be construed as a limit on that discretion.
Because I believe the District Court correctly decided the severance motions in this case, I concur in the Court's judgment of affirmance.
6 In neither Opper v. United States, 348 U. S. 84 (1954), nor United States v. Marchant, 12 Wheat. 480 (1827), however, did the Court express a "preference" for joint trials.
545
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12Last modified: October 4, 2007