Is a duplicitous or multiplicitous criminal indictment when it charges a single crime multiple times, in separate counts?
MultiRegion, United States of America
The following excerpt is from USA v. Walsh, 194 F.3d 37 (2nd Cir. 1998):
"An indictment is multiplicitous when it charges a single offense as an offense multiple times, in separate counts, when, in law and fact, only one crime has been committed." United States v. Chacko, 169 F.3d 140, 145 (2d Cir. 1999). Conversely, "[a]n indictment is duplicitous if it joins two or more distinct crimes in a single count." United States v. Aracri, 968 F.2d 1512, 1518 (2d Cir. 1992).
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