NCJ Number
39920
Journal
William and Mary Law Review Volume: 18 Issue: 1 Dated: (FALL 1976) Pages: 101-158
Editor(s)
J A BENNETH,
J R CORNELLIER,
D WATSON
Date Published
1976
Length
58 pages
Annotation
THIS NOTE ANALYZES THE FEDERAL BANK ROBBERY ACT THROUGH CONSIDERATION OF DOUBLE JEOPARDY IMPLICATIONS, STATUTORY CONSTRUCTION, AND PROBABLE ADVERSE COLLATERAL CONSEQUENCES OF MULTIPLE CONVICTIONS OR SENTENCES.
Abstract
THE ACT EMCOMPASSES THE CRIMES OF ENTERING WITH FELONIOUS INTENT, ROBBERY, PETIT AND GRAND LARCENY, RECEIVING STOLEN BANK PROPERTY, ASSAULT, WEAPONS OFFENSES, KIDNAPPING, AND HOMICIDE. PENALTIES ARE ESTABLISHED FOR EACH STEP OF THE OFFENSE, CULMINATING IN A MAXIMUM OF LIFE IMPRISONMENT. THIS ANALYSIS WAS UNDERTAKEN TO PRESENT A PROPER INTERPRETATION OF THE ACT AND A DESIRABLE METHOD FOR ITS IMPLEMENTATION AT THE INDICTMENT AND SENTENCING STAGES OF PROSECUTION IN LIGHT OF THE US SUPREME COURT'S FAILURE TO DELINEATE THE PRECISE SCOPE OF THE ACT. SUBSECTIONS OF THE ACT ARE EXAMINED CONCERNING LIMITATIONS ON THE POWER OF THE COURTS TO MULTIPLY OFFENSES AND ON PUNISHMENTS WHICH CAN BE IMPOSED. SUBSEQUENT SECTIONS OF THE ARTICLE DEAL WITH TRADITIONAL THEORIES ON POST CONVICTION REMEDIES FOR ERRONEOUS CUMULATIVE SENTENCES AND AN ALTERNATIVE APPROACH; THE EFFECT OF CONCURRENT SENTENCING; AND DISALLOWANCE OF MULTIPLE CONVICTIONS AS WELL AS MULTIPLE SENTENCES. A BRIEF DISCUSSION OF THE PROBABLE FUTURE OF THE ACT PRECEDES CONCLUDING REMARKS WHICH PROPOSE ALTERNATIVE SOLUTIONS TO THE LAW AS IT STANDS AND AS IT IS EXPECTED TO BE CHANGED. (AUTHOR ABSTRACT MODIFIED)...EB