Tuesday, June 22, 2010
Caldwell & Allison on Multiple Counts in Business Robberies
Harry M. Caldwell (pictured) and Jennifer Allison (Pepperdine University - School of Law and Pepperdine University School of Law Library) have posted Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment (Idaho Law Review, Vol. 46, 2010) on SSRN. Here is the 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.