THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 13 - CHAPTER 276
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276.9 Multiple Victims

    276.9.1 Deliberation: Multiple Victims

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 13 - CHAPTER 276

PRACTICE NOTE: If there are multiple victims and the crime is "violent," multiple convictions are permissible. (People v. Bauer (CA 1969) 1 C3d 368, 378 [82 CR 357]; see also People v. Pinholster (CA 1992) 1 C4th 865, 970 [4 CR2d 765].) The taking of several articles of property from different owners at the same time and at the same place constitutes only a single offense. (Wharton’s Criminal Law (15th Ed. 1995) § 347, p. 369; see also People v. Irvin (CA 1991) 230 CA3d 180, 183-86 [281 CR 195] [taking of victim's vehicle and personal property supports only a single robbery conviction, not robbery and auto theft]; People v. Garcia (CA 1990) 224 CA3d 297, 307-09 [273 CR 666]; State v. White (MD 1997) 702 A2d 1263, 1264 [single larceny doctrine, adopted by "the overwhelming majority of states," precludes punishment for two thefts on basis of stealing items from two persons from the same office at the same time].) The Irvin analysis also applies if the defendant is charged with two robberies based on the taking of the vehicle and the victim's personal property.

OPINION AVAILABLE: Click here. [Opinion Bank # 0-223].

Annotation, Single Or Separate Larceny Predicated Upon Stealing Property From Different Owners At The Same Time, 37 ALR3d 1407.

See also Benchbook For U.S. District Court Judges [2.08.1 General Instructions To Jury At End Of Criminal Case: Introductory Note].

See also Benchbook For U.S. District Court Judges [2.08.2 General Instructions To Jury At End Of Criminal Case: Outline Of Instructions Other Sources].

See also Benchbook For U.S. District Court Judges [2.09 Verdict-Criminal].