NCJ Number
25587
Journal
Prosecutor Volume: 10 Issue: 6 Dated: (1974) Pages: 473-477
Date Published
1974
Length
5 pages
Annotation
EXAMPLES FROM CASE LAW ARE USED TO ILLUSTRATE THE DEFINITION OF SEPARATE OFFENSES AND THE SITUATIONS IN WHICH THEY MAY, SHOULD, OR MUST BE TRIED COMBINED OR SEPARATED.
Abstract
THE CONSEQUENSES OF CHARGING WITH SEPARATE OFFENSES, I.E. MULTIPLE CHARGES, MULTIPLE CONVICTIONS, AND MULTIPLE PUNISHMENTS, ARE DISCUSSED. TWO TESTS FOR SEPARATE OFFENSES, THE SAME EVIDENCE TEST AND THE SAME TRANSACTION TEST, OFTEN PRODUCE INCONSISTENT RESULTS, WHICH PROMPTS FEDERAL COURTS TO ADOPT A RULE OF LENITY IN WHICH THE LESS HARSH ALTERNATIVE IS PURSUED. THE CONSOLIDATION OF VARIOUS CLAIMS FOR TRIAL, JOINDER, IS USED WHEN RELATED OR SIMILAR OFFENSES HAVE OCCURRED.