Separate consideration--Single defendant charged with multiple crimes is a legal concept which refers to a situation in which a single accused person is charged with multiple criminal offenses. There are two main types of separate consideration for a single defendant charged with multiple crimes: concurrent and consecutive sentencing. In concurrent sentencing, a defendant is given a single sentence for all the offenses they have been accused of. This sentence may be a prison sentence or a combination of prison and community service. In consecutive sentencing, the defendant is given a separate sentence for each offense. This means that the defendant will serve the sentences for each offense consecutively, with the longest sentence being served first.
SEPARATE CONSIDERATION--SINGLE DEFENDANT CHARGED WITH MULTIPLE CRIMES
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FAQ
Duplicity is the joining in a single count of two or more distinct and separate offenses; multiplicity is the charging of a single offense in several counts.
Stacking refers to the process of recovering benefits from a second policy on a same claim when recovery from the first policy is inadequate. It is a method to increase coverage for insured. Generally, stacking issues arise in the context of automobile insurance cases.
Prosecutors often use charge stacking as a way to convince defendants to accept plea offers that might otherwise be unfavorable. For example, a prosecutor might tell a defendant that he or she will ask for an enhanced sentence if the defendant takes the case against him or her to trial.
Double Jeopardy does not apply when the different actions are both in criminal and civil court. Civil actions address different areas of the law than criminal actions and require a lower standard of proof called preponderance of the evidence campared to the criminal standard of beyond a reasonable doubt.
The only law that works against criminal charge stacking is double jeopardy. Double jeopardy states that no person can be tried twice for the same criminal offense. However, a defendant can be tried and punished for two crimes if each contains an element that the other does not.
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction.
A common practice among prosecutors is to charge defendants with as many crimes, for a single incident or transaction, as they can. This practice is commonly known as ?charge-stacking.? Police officers and district attorneys have substantial discretion over what crimes to charge a suspect.
A common practice among prosecutors is to charge defendants with as many crimes, for a single incident or transaction, as they can. This practice is commonly known as ?charge-stacking.? Police officers and district attorneys have substantial discretion over what crimes to charge a suspect.