Constitutional Limitations on the Lesser Included Offense Doctrine

• NCJ Number: 94598
• Journal: American Criminal Law Review Volume: 21 Issue: 4 Dated: (Spring 1984) Pages: 445-476
• Author(s): C R Blair
• Date Published: 1984
• Length: 32 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

In this article, the author identifies and addresses three constitutional provisions that place limits on the doctrine of lesser included offenses.

Abstract

The analysis begins with a discussion of the doctrine itself and of how the courts have applied the doctrine in a variety of circumstances. The author then contends that the constitutional requirement of notice precludes the prosecution from obtaining an instruction on lesser included offenses in some cases. In addition, the author addresses the limitations that the double jeopardy clause places on the ability of the prosecution to convict a defendant on a lesser included offense. Finally, the author contends that due process may require the giving of an instruction on lesser included offenses in some cases in order to maintain the reliability of the criminal factfinding process. (Publisher abstract)