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| NCJ Number:
|
NCJ 016759
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| Title:
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PROSECUTORIAL DISCRETION IN THE DUPLICATIVE STATUTES SETTING
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| Journal:
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UNIVERSITY OF COLORADO LAW REVIEW Volume:42 Dated:(1971) Pages:455-466
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| Author(s):
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G J CERIANI
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| Corporate Author:
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University of Colorado
School of Law
United States
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| Publication Date:
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1971 |
| Pages:
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12 |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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DUPLICATIVE STATUTES ARE TWO PENAL STATUTES, ONE HARSHER THAN THE OTHER, WHICH PROHIBIT THE SAME BEHAVIOR AND REQUIRE THE SAME ELEMENTS OF PROOF TO SUSTAIN A CONVICTION. |
| Abstract:
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WHETHER OR NOT, IN THIS SITUATION, A PROSECUTOR SHOULD BE FREE TO INVOKE EITHER STATUTE AGAINST A DEFENDANT HAS, HISTORICALLY, BEEN A SUBJECT OF DEBATE, SINCE THIS PRACTICE HAS BEEN QUESTIONED AS BEING IN VIOLATION OF THE FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE. FOUR METHODS THE COURT HAS FORMULATED TO RESOLVE THIS QUESTION ARE DISCUSSED BRIEFLY. THE AUTHOR MAINTAINS THAT ALL OF THESE APPROACHES ARE IRRATIONAL AND/OR INCONSISTENT. AN ALTERNATIVE TWO-STEP ANALYSIS IS PROPOSED TO CONFRONT THE CONSTITUTIONAL PROBLEMS IN THIS AREA. THE FIRST STEP IS TO DETERMINE IF THE STATUTES ARE IN FACT DUPLICATIVE. IF THEY ARE, THE COURT SHOULD ASCERTAIN WHETHER ANY METHOD OF STATUTORY CONSTRUCTION WILL RESOLVE THE CONFLICT. IF NO SUCH STATUTORY CONSTRUCTION EXISTS, THE AUTHOR MAINTAINS THAT THE STATE WOULD BE FORCED TO CONCLUDE THAT EMPOWERING A PROSECUTING ATTORNEY TO UNILATERALLY CHOOSE ONE OF TWO OR MORE DUPLICATIVE STATUTES IS CONSTITUTIONALLY PROSCRIBED. |
| Index Term(s):
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Criminal codes ; Rights of the accused ; Prosecutorial discretion ; Equal protection of the laws |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=16759
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