Surviving the Multiplicity/LIO Family Vortex

摘要

When flying on a clear day, the view is often best at around 3000 feet above ground. One can still make out individual houses but also see how the neighborhoods fit together. The relationships between lesser included offenses, multiplicity, unreasonable multiplication of charges, and multiplicity for sentencing should initially be viewed at altitude. From there, the doctrines and the largely separate purposes behind each are distinct. One can also see the tension within each. The Government needs flexibility to accurately describe the alleged misconduct in a way that accounts for the many contingencies ahead; while at the same time, the accused must be protected from surprise, double jeopardy, and prosecutorial abuse. At altitude, one can also more easily spot the use of an outcome-based approach or the old omnibus "multiplicity" term: a case or argument so focused on the result that it may have failed to clearly articulate which doctrine within the multiplicity family it used to get there.