Lesser-included offenses
Lesser-included offenses are charges that contain all the elements of a more serious crime but are classified at a lower level of severity. They play a critical role in the criminal justice system by providing options for plea bargains, reflecting the nuances of criminal liability, and addressing concerns related to double jeopardy. For instance, the offense of battery, which involves harmful or offensive touching, is a lesser-included offense of aggravated battery, where a dangerous weapon is used. Similarly, crimes like trespassing and theft are considered lesser-included offenses of burglary and robbery, respectively. These offenses allow for flexibility in legal proceedings, enabling courts to assess the most appropriate charge based on the facts of a case. The existence of lesser-included offenses helps streamline the legal process, ensuring that individuals are charged appropriately according to the severity of their actions. Understanding these distinctions is essential for a comprehensive grasp of criminal law and its application in various jurisdictions.
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Lesser-included offenses
Definition: Elements of lower-level crimes that are contained within higher crimes
Significance: Lesser-included crimes are used in proving the higher crime as well as in determination of appropriate level of charging and plea bargains.
All the elements of lesser-included crimes are found within the elements of the higher crime. For example, the misdemeanor crime of battery is commonly defined as the harmful or offensive touching of another. The higher crime of aggravated battery includes the same elements but is differentiated from battery by the addition of an element requiring use of a dangerous weapon. Thus, the lesser crime of battery is merged with the higher crime of aggravated battery when the harmful or offensive touching is accomplished by way of a dangerous weapon such as a knife. In this way, the elements of a criminal act may be shared between crimes at different levels.
Lesser-included offenses can be found in a variety of criminal laws such as those against murder, rape, robbery, burglary, and similar crimes. In each instance, the elements of a lesser crime are found within the elements of the higher crime. As an example, in many jurisdictions the lesser crime of trespassing is a part of the higher crime of burglary. Likewise, the crime of theft is a lesser crime of the crime of robbery.
In three significant areas of procedural law, lesser-included offenses become very important. First, when dealing with any plea bargain, the lesser-included offense is commonly used in reducing the crime or potential punishment. Second, when evaluating a criminal act for liability, the courts will consider the crime that is most appropriate for the facts given. Third, the issue of double jeopardy arises when the independent lesser offense is charged after a person has been convicted of the higher crime. As a rule, the government may not charge a person with both the lesser and higher crime.
Bibliography
Cammack, M., and N. M. Garland. Advanced Criminal Procedure in a Nutshell. Eagan, Minn.: West, 2001.
LaFave, Wayne R., Jerold H. Israel, and Nancy J. King. Criminal Procedure. 4th ed. St. Paul, Minn.: Thomson/West, 2004.