I’m joyful to announce the publication of my new bulletin, Models of Prosecution: Charging A number of Counts for the Exact same Carry out. The bulletin explores a prevalent issue that occurs in numerous contexts: when does perform represent one particular continuing offense and when does conduct represent extra than a single offense?
It has extended been held that the allowable unit of prosecution for an offense is in just the discretion of the legislature. North Carolina courts have resolved issues connected to units of prosecution in some contexts—including kidnapping, possession of firearms, and theft crimes—while there are questions that continue to be unanswered in other contexts. Some solutions are clearer and a lot more direct than other individuals. This bulletin opinions circumstance regulation on permissible models of prosecution for certain offenses versus the man or woman, possession offenses, and theft offenses. It also delivers some perception as to how courts have settled concerns associated to permissible units of prosecution, which includes statutory construction and the rule of lenity.
As often, I welcome feedback, responses, and questions. Make sure you come to feel absolutely free to e-mail me at email@example.com.