Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment
Harry M. Caldwell
Pepperdine University - School of Law
Harvard Law School Library
June 16, 2010
Idaho Law Review, Vol. 46, 2010
Pepperdine University Legal Studies Research Paper No. 2010/6
This Article offers a 50-state survey of robbery statutes, specifically examining the charging and sentencing regimes for the robbery of a business during which multiple people, including employees and customers, are threatened. It begins by presenting a historical overview of the crime of robbery, focusing specifically on the robbery of a business. Then, the survey results are described, and specific problems related to multiplicity of punishment are discussed. Finally, a reasonable and ideal model of business robbery jurisprudence is offered - one that focuses on punishing the defendant proportionally to the severity of the crime committed, and that furthers the intention of criminal law to protect innocent people for the benefit of society.
Number of Pages in PDF File: 25
Keywords: robbery, business robbery, crime, criminal, punishment, business, customer, employee, multiplicity, sentencing, Three-Strikes, prosecute, counts, convictAccepted Paper Series
Date posted: June 17, 2010
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