They have to charge every possible offense arising from the transaction, because under the common law doctrines of merger and bar and under constitutional and statutory speedy trial provisions, what is not charged initially cannot be charged later (after a certain point in the proceedings and not necessarily verdict). Then after trial, under one act-one crime rules, judgment and sentence will be rendered on only one of several offenses arising from identical conduct.
On the broader point, whether legislatures pass too many laws trying to cover every base …?
April 21st, 2008 at 8:44 am
They have to charge every possible offense arising from the transaction, because under the common law doctrines of merger and bar and under constitutional and statutory speedy trial provisions, what is not charged initially cannot be charged later (after a certain point in the proceedings and not necessarily verdict). Then after trial, under one act-one crime rules, judgment and sentence will be rendered on only one of several offenses arising from identical conduct.
On the broader point, whether legislatures pass too many laws trying to cover every base …?