The following excerpt is from U.S. v. Smith, 790 F.2d 789 (9th Cir. 1986):
The admissibility of evidence concerning a co-defendant's guilty plea "turns on the purpose for which it is offered." United States v. Halbert, 640 F.2d 1000, 1004 (9th Cir.1981) (per curiam). While evidence of a co-defendant's guilty plea "may not be offered by the government and received over objection as substantive evidence of the guilt of those on trial," id., "[t]his and other circuits have consistently recognized that, under proper instruction, evidence of a guilty plea may be elicited by the prosecutor on direct examination so that the jury may assess the credibility of the witnesses the government asks them to believe." Id. "[E]vidence of the plea is relevant to credibility regardless whether government or defendant initiates inquiry about it." Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.