Define the criminal justice legal term of lesser included offense

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Define the criminal justice legal term of lesser included offense.

In any criminal law, a lesser included offense is a crime for which all the elements necessary to impose liability are also elements found in a more serious crime. “If by committing the elements of an offense a person also meets the elements of a less serious offense, the less serious crime is called a lesser included offense.” (Wright, 2013)

Assess how courts determine whether a crime is a lesser included offense.

When a crime is committed and the court cannot prove the crime has been committed, the lesser included offense will be used to charge the person. For example, manslaughter is a lesser included offense of murder, assault is a lesser included offense of rape, and unlawful entry is lesser included offense of burglary.

Explain whether someone can be convicted for multiple crimes for one act.

Someone can be convicted for multiple crimes for one act. It depends on what the crime/act was For example if someone who has been drinking, hits and kills another driver on the road or anyone else, the could be convicted of a DUI and also with involuntary manslaughter. “If by committing the elements of an offense a person also meets the elements of a less serious offense, the less serious crime is called a lesser included offense” (Wright, 2013)

Evaluate how lesser included offenses do not violate the double jeopardy clause of the 5th Amendment.

The lesser included offenses does not violate the 5th amendment because, the 5th amendment states that “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”.

Examine the material elements of crimes and how they can vary to allow for multiple prosecutions for the same acts or similar offenses. Provide specific examples to support your answer.

This was bit of an interesting question, which I really had to think about. I believe if a person who wanted to rob a bank, with no intentions of killing anyone but ended up by shooting someone and killing another. That person should be charged with robbing a bank, attempted murder and murder.

 

References:

Wright, R. (2013). Introduction to Criminal Law and Procedure, Published by Bridgepoint Education, Inc. Retrieved from Ashford University




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