Legal Definitions - multiple-class application

In criminal procedure, multiplicity refers to an improper legal practice where a prosecutor charges a defendant with the same criminal offense multiple times within a single indictment or information. This is considered a procedural error because it violates the defendant's Fifth Amendment protection against double jeopardy, which ensures that a person cannot be prosecuted or punished more than once for the same crime. Essentially, multiplicity occurs when the government attempts to obtain multiple convictions or punishments for what the law defines as a single criminal act or course of conduct.

Here are a few examples to illustrate this concept:

• Example 1: Single Burglary with Multiple Thefts

  Imagine a scenario where a person breaks into a house and, during that single entry, steals a laptop, a watch, and some cash. If the prosecutor charges the defendant with three separate counts of "theft" – one for the laptop, one for the watch, and one for the cash – in addition to the burglary charge, this could be an instance of multiplicity. Legally, the act of stealing multiple items during one continuous criminal event (the burglary) might be considered a single theft offense, not three distinct ones. Charging each item separately would improperly multiply the potential punishments for what is fundamentally one criminal act of theft within the burglary.

• Example 2: Continuous Drug Possession

  Consider a situation where law enforcement finds a person in possession of a single bag containing various types of illegal drugs (e.g., cocaine, heroin, and marijuana) at the same time and location. If the prosecutor charges the individual with separate counts for "possession of cocaine," "possession of heroin," and "possession of marijuana," this could constitute multiplicity. Depending on the specific drug statutes, the act of possessing multiple controlled substances simultaneously might be legally defined as a single offense of "possession of a controlled substance," rather than distinct offenses for each drug type. Charging each drug separately would improperly seek multiple convictions for what is considered one continuous act of possession.

• Example 3: One Act of Assault Causing Multiple Injuries

  Suppose a defendant punches another person once, and that single punch results in both a broken nose and a concussion. If the prosecutor then charges the defendant with two separate counts of "assault causing bodily injury" – one for the broken nose and another for the concussion – this could be an example of multiplicity. A single physical act of assault, even if it leads to multiple distinct injuries, is typically considered one criminal offense of assault. Charging it as two separate assaults for each injury would improperly multiply the charges for a single criminal action.