context: These precedents are premised on the belief that juries follow the instructions they are given. In the Confrontation Clause context, however, the Supreme Court has recognized that the risk of prejudice stemming from the introduction of a co-defendant's confession is so high that, in some circumstances, even a limiting instruction cannot cure the constitutional problem.
citation_a.signal: see also
citation_a.parenthetical: holding that a properly instructed jury may not consider the redacted confession of a co-defendant which "obviously referred] directly to someone, often obviously the defendant"
citation_a.sentence: See Bruton, 391 U.S. at 136, 88 S.Ct. 1620 (“[Tjhere are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored.”); see also Gray v. Maryland, 523 U.S. 185, 196, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998) (holding that a properly instructed jury may not consider the redacted confession of a co-defendant which “obviously referred] directly to someone, often obviously the defendant”).
citation_b.signal: see
citation_b.identifier: 391 U.S. 136, 136
citation_b.parenthetical: "[Tjhere are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored."
citation_b.sentence: See Bruton, 391 U.S. at 136, 88 S.Ct. 1620 (“[Tjhere are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored.”); see also Gray v. Maryland, 523 U.S. 185, 196, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998) (holding that a properly instructed jury may not consider the redacted confession of a co-defendant which “obviously referred] directly to someone, often obviously the defendant”).