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705 KB
Extraction Summary
5
People
4
Organizations
1
Locations
1
Events
0
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
705 KB
Summary
This legal document page outlines the applicable law concerning the Double Jeopardy Clause of the Fifth Amendment, specifically addressing multiplicitous charges. It defines a multiplicitous indictment as one that charges a single crime in multiple counts and cites several legal precedents (e.g., North Carolina v. Pearce, United States v. Chacko) to explain that a defendant cannot be punished multiple times for the same offense. The document clarifies the legal standard for a multiplicity claim and the procedural remedies courts should use to protect a defendant's rights.
People (5)
| Name | Role | Context |
|---|---|---|
| Pearce |
Mentioned in the case citation North Carolina v. Pearce, 395 U.S. 711, 717 (1969).
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| Chacko |
Mentioned in the case citation United States v. Chacko, 169 F.3d 140, 145 (2d Cir. 1999).
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| Jones |
Mentioned in the case citation United States v. Jones, 482 F.3d 60, 72 (2d Cir. 2006).
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| Estrada |
Mentioned in the case citation United States v. Estrada, 320 F.3d 173, 180 (2d Cir. 2003), which is quoted in the Jon...
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| Josephberg |
Mentioned in the case citation United States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006).
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States Constitution | Legal framework |
The Double Jeopardy Clause of the Fifth Amendment to the Constitution is cited as the basis for the legal argument.
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| Second Circuit | Court |
Cited as the court of jurisdiction for several precedent cases (Chacko, Jones, Estrada, Josephberg) and for clarifyin...
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| District Courts | Court |
Mentioned as the courts that should not rule on multiplicity grounds until sentencing, as clarified by the Second Cir...
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| United States | Government |
Appears as the plaintiff in several cited cases (United States v. Chacko, United States v. Jones, etc.).
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Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
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Mentioned in the case name North Carolina v. Pearce.
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Key Quotes (4)
"protects against multiple punishments for the same offense."Source
— North Carolina v. Pearce
(Describing the function of the Double Jeopardy Clause of the Fifth Amendment.)
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Quote #1
"An indictment is multiplicitous when it charges a single offense as an offense multiple times, in separate counts, when, in law and fact, only one crime has been committed."Source
— United States v. Chacko
(Defining a multiplicitous indictment.)
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Quote #2
"A claim of multiplicity cannot succeed, however, ‘unless the charged offenses are the same in fact and in law.’"Source
— United States v. Jones (quoting United States v. Estrada)
(Stating the condition required for a claim of multiplicity to be successful.)
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Quote #3
"[i]f the jury convicts on more than one multiplicitous count, the defendant’s right not to suffer multiple punishments for the same offense will be protected by having the court enter judgment on only one of the multiplicitous counts."Source
— United States v. Josephberg
(Explaining the remedy for a conviction on multiplicitous counts to protect a defendant's rights.)
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Quote #4
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