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Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment

25 Pages Posted: 17 Jun 2010  

Harry M. Caldwell

Pepperdine University - School of Law

Jennifer Allison

Harvard University Library

Date Written: June 16, 2010

Abstract

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.

Keywords: robbery, business robbery, crime, criminal, punishment, business, customer, employee, multiplicity, sentencing, Three-Strikes, prosecute, counts, convict

Suggested Citation

Caldwell, Harry M. and Allison, Jennifer, Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment (June 16, 2010). Idaho Law Review, Vol. 46, 2010; Pepperdine University Legal Studies Research Paper No. 2010/6. Available at SSRN: https://ssrn.com/abstract=1625856

Harry M. Caldwell

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

Jennifer Allison (Contact Author)

Harvard University Library ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
United States

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