georgephillip
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- #341
Petition Seeks to End Practice of Charge Stacking - Los Angeles Sentinel
"The practice of charge stacking is a simple and terribly effective method for prosecutors looking to win cases.
As broken down by Seeking Justice for the Innocent, the technique entails finding as many possible criminal counts to 'stack' against the defendant in order to strengthen the core case of the prosecution.
"This strategy is made wide open to prosecutors, because the main deterrent against stacking charges is the law of double jeopardy.
"In Blockburger v. United States, the Supreme Court said the government may separately try and punish the defendant for two crimes if each crime contains an element that the other does not."
While charge stacking does occur, how is one to decide when it is happening against a defendant? Here's and example: A man is charged with 3 counts of sexual assault of a child by a person in position of authority from 3 separate instance of committing the act. he individual is also charged with felony child abuse.
Is this charge stacking? If so, what reasoning do you use to make the decision?
I'm far from qualified to parse legal semantics, but your example does not sound like stacking to me. Stacking is when prosecutors pile on charges that do not apply legally knowing the defendant is without adequate legal representation. If a plea bargain counts as a "conviction", the prosecutor advances her career at the expense of sending a possibly innocent defendant to prison.While charge stacking does occur, how is one to decide when it is happening against a defendant? Here's and example: A man is charged with 3 counts of sexual assault of a child by a person in position of authority from 3 separate instance of committing the act. he individual is also charged with felony child abuse.