Multiplicity
Abstract
In federal practice, the double jeopardy protection against multiple punishment for the same offense has been described as "one of the least understood" and "most frequently litigated" issues. In military practice, the protection operates under the nom-de-guerre "multiplicity." Even so, multiplicity has assumed an identity unique and independent from federal practice. Although federal multiplicity practice has had its detractors, military multiplicity practice has been described as a "mess" and a "minefield." The United States Court of Military Appeals has itself admitted that its concept of multiplicity is "confusing." The court's kinder critics have deemed military multiplicity practice "problematic." The United States Court of Military Appeals has identified three forms of objectionable multiplicity: multiplicity in charging, multiplicity in findings, and multiplicity in sentencing. In federal practice, the word "multiplicity," when used as a term of art, refers to the practice of charging the same offense in more than one count. Although the military concepts of multiplicity for findings and multiplicity for sentencing do not exist as such in federal practice, federal courts apply parallel but nevertheless distinct principles. To understand the federal multiplicity rules, one must first understand the underlying constitutional principles and the system of criminal justice American legislatures have developed from these principles. This thesis examines the federal counterpart of military multiplicity practice, its constitutional bases, historic development, and rules of application. The thesis also examines military multiplicity practice and its basis in law. The author concludes that military multiplicity fails the constitutional requirements of the separation of powers doctrine and the Double Jeopardy Clause.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1991
- Accession Number
- ADA456298
Entities
People
- Thomas L. Herrington
Organizations
- The Judge Advocate General's Legal Center and School