Crossword clues for overcharging
overcharging
Wiktionary
vb. (present participle of overcharge English)
Wikipedia
Overcharging can refer to:
- Overcharging (law), a prosecutorial practice
- Charging a rechargeable battery too much
- Overcharge, charging a customer too much
Overcharging, in law, refers to a prosecutorial practice that involves "tacking on" additional charges that the prosecutor knows he cannot prove. It is used to put the prosecutor in a better plea bargaining position. The term has been defined in different ways. Alschuler writes that "to prosecutors, overcharging is accusing the defendant of a crime of which he is clearly innocent to induce a plea to the 'proper' crime. Defense counsel identify two types of overcharging. 'Horizontal' overcharging is the unreasonable multiplying of accusations against a single defendant. He may be either charged with a separate offense for every technical criminal transaction in which he participated, or the prosecutor may fragment a single criminal transaction into numerous component offenses. 'Vertical' overcharging is charging a single offense at a higher level than the circumstances of the case seem to warrant." Vertical overcharging is deemed to be the more abusive of the two practices. In defense of overcharging, it has been argued that in order to obtain a plea bargain that results in a lower sentence than the prosecutor's original position, while still obtaining a penalty that promotes public safety, the prosecutor must select an initial charge higher than is penologically appropriate.
Although theoretically overcharging is impermissible, courts are reluctant to dismiss charges that are supported by probable cause. American Bar Association guidelines discourage overcharging, but do not prohibit it. It has been said that rules aimed at combating prosecutorial vindictiveness that force prosecutors to justify any distinct indictments brought subsequent to an initial charge raise the possibility of overcharging. It has been argued that restrictions on the current practice of plea bargaining would most likely result in a reduction in overcharging by the prosecutor.
Usage examples of "overcharging".
Pamela sold it that morning, apparently while I was in the back on the phone trying to soothe Alfred because Pamela the Putrid had accused him of overcharging for the crating for the marble nudes.
All they could get him for would be systematic overcharging on the barrels—pegging his costs at what they would have been if he were buying lumber at the set prices rather than stolen lumber.
Could Russell have a word with the Emporium, who Mr Fudgepacker felt were overcharging his film company for breakages on the set?
You had to wonder at the greed that drove rich businessmen to twist the law of the land they claimed to be so proud of, steal from the government by overcharging for their "patriotic" services, and do their best to cheat it of its taxes—not to make a living, either, but to heap up money.
She needed to work off some of the energy of anger that was overcharging her batteries.