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Criminal,
U.S. Supreme Court

Mar. 10, 2022

An 'occasion' to reconsider policies leading to mass incarceration

On Monday, the U.S. Supreme Court dealt with an issue that could provide a roadmap for limiting the excesses of creatively stacking criminal charges.

John Mills

Principal
Phillips Black, Inc.

John specializes in habeas corpus representation of persons facing the death penalty or lifetime in prison. He is also an adjunct professor at UC Hastings College of the Law where he teaches courses on capital punishment and habeas corpus. The views contained herein are his own.

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Those unfamiliar with criminal court proceedings might be surprised to learn that a single occurrence -- and even a single act -- can result in convictions for multiple offenses. Yet that outcome is remarkably commonplace. When offenses are prosecuted that way, it is known as "stacking" charges. Sometimes multiple charges are required for good reason; other times it leads to injustices.

On Monday, the U.S. Supreme Court dealt with an issue...

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