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Legal Definitions - lumping

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Definition of lumping

In the context of criminal law, lumping refers to the practice where a court imposes a single, overarching sentence for a defendant who has been convicted of multiple crimes, rather than issuing separate, distinct sentences for each individual offense.

This approach combines the penalties for several charges into one general sentence. It is often used when the offenses are related or occurred as part of a single criminal incident, or when a plea agreement has been reached covering multiple charges.

Here are some examples to illustrate the concept of lumping:

  • Example 1: Burglary and Theft
    Imagine a defendant who breaks into a house (burglary) and, once inside, steals several valuable items (theft). If convicted of both burglary and theft, a judge might choose to impose a single sentence of, for instance, "five years in prison for the criminal episode," rather than separate sentences like "three years for burglary and two years for theft." This single sentence covers both offenses together, demonstrating lumping.

  • Example 2: Multiple Drug Possession Charges
    Consider a situation where law enforcement finds a defendant in possession of different types of illegal drugs (e.g., marijuana, cocaine, and ecstasy) at the same time and location. Instead of handing down three separate sentences for each drug possession charge, the court might impose one general sentence, such as "a consolidated sentence of four years of probation for all drug-related offenses." This single sentence encompasses all the distinct possession charges, illustrating the principle of lumping them together.

  • Example 3: Plea Bargain for Various Financial Crimes
    A defendant is charged with multiple financial crimes, including fraud, embezzlement, and money laundering, stemming from a complex scheme over several months. As part of a plea bargain, the defendant agrees to plead guilty to all charges. The court then imposes a single, unified sentence, perhaps "seven years imprisonment for the entire pattern of financial misconduct," rather than individual sentences for each specific act of fraud, embezzlement, and money laundering. This consolidated sentence for multiple distinct offenses is an example of lumping.

Simple Definition

In criminal procedure, "lumping" refers to the practice where a court imposes a single, overall sentence on a defendant convicted of multiple crimes. Instead of assigning a separate sentence for each individual offense, the judge issues one comprehensive penalty that covers all convictions. This results in a unified term of punishment rather than distinct, consecutive or concurrent sentences for each charge.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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