united-states criminal-law
One crime multiple charges?
<p>I often read in the "papers" that a suspect is charged with multiple counts of the same  crime. Latest example are the parents of Andrew Freund, according to <a href="https://www.nbcnews.com/news/us-news/body-andrew-freund-found-parents-who-reported-him-missing-charged-n998036" rel="nofollow noreferrer">this</a> article, each parent is facing "five counts of first-degree murder".</p>

<p>They allegedly committed only one murder, where are the other 4 charges coming from? Isn't that a double jeopardy - getting changed multiple times for the same crime? </p>

<p><a href="http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E%209&amp;ActID=1876&amp;ChapterID=53&amp;SeqStart=11200000&amp;SeqEnd=12400000" rel="nofollow noreferrer">Here</a> is the Illinois homicide statute. First degree murder is defined in 720 ILCS 5/9-1(a)</p>

<blockquote>
  <p>A person who kills an individual without lawful justification commits
  first degree murder if, in performing the acts which cause the death:
          (1) he either intends to kill or do great bodily harm
         to that individual or another, or knows that such acts will cause death to that individual or another; or
          (2) he knows that such acts create a strong
         probability of death or great bodily harm to that individual or another; or
          (3) he is attempting or committing a forcible felony
         other than second degree murder.</p>
</blockquote>

<p>One count could be killing with the intent to kill, and a separate count could be killing with the intent to do great bodily harm; there could be an attempt to commit a commit a forcible felony. The charges have to be specific, that is, you don't just say "A murdered B", you put together an allegation of particular acts that are covered by the first degree murder statute. If for example they only allege that the parents intended to kill their son and it is proven that they only intended to severely injure him, they would not be convicted. The prosecution has to notify the defendant of the theories of law to the effect that the accused committed murder, so this puts the defense on notice. Likewise, "intent to kill" is different from "strong probability of death", but both qualify as an element of murder.
If they are found guilty on all charges, the convictions will probably be merged into a single conviction.</p>

<p>Let's say there is plenty of convincing evidence that A killed B. In the USA, this could be first degree murder, second degree murder, manslaughter. Now let's say there is some evidence, but not necessarily enough for conviction, that it was first degree murder, and more evidence that it was second degree murder. </p>

<p>In that situation, A could be charged with first degree murder, second degree murder, and manslaughter. A would then be found guilty of the highest charge that is "proven beyond reasonable doubt". </p>

<p>Compare this to charging only with first degree murder: That would mean A must be either convicted of first degree murder, or set free. Now if the jury thinks there is plenty of evidence for second degree murder, but not enough to convict of first degree murder, they have the awful choice of setting a murderer free, or to convict him of something he is not guilty of. That's a situation you would want to avoid. </p>
