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by singleshot_
778 days ago
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Now we will see why my previous comment was relevant. A lesser included offense is an offense which itself constitutes one element of another offense. Under the doctrine of multiplicity, you may either be tried for the lesser included or the offense for which the lesser included is an element — but not both. To be charged with both would run afoul of the constitutional provisions limiting double jeopardy. This is not part of any Utah statute, it’s a general constitutional principle under US law. Why you made me say this twice, I do not know. |
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You could have been constructive and said that criminal trespass was a lesser included offense under section 2d. Or should I just reply to you using a few semirandom words? Relevant search terms include: conversation, context, sentences, convey complete ideas