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5 By prohibiting multiple punishments for a single criminal act Penal Code section 654. affords protection beyond and different from that given by either the constitutional proscrip-. tion of subsequent jeopardy or the implementation of that doctrine by Penal Code section 1023..
The following cases are among the commonly cited examples: 1  If a judge can prevent riots that will cause many deaths only by convicting an innocent person of a crime and imposing a severe punishment on that person, act utilitarianism implies that the judge should convict and punish the innocent person.