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To: Svartalfiar

Different crimes of different severity are often pled in criminal cases. Might be the required procedure of the jurisdiction.

As the elements of the lesser charges are included in the greater charges, one cannot be convicted of both. Should the charges stand through trial, jurors will be instructed to consider them in order from the top down. If you find that the evidence supports x, y, z, a, b, and c, then find murder 1. If not consider elements x, y, z, c, and d, that support murder 2, etc. You may have heard the term “lesser included offenses” - armed robbery includes the elements of armed assault. A defendant will not ordinarily be convicted of both for the same act.


14 posted on 08/31/2020 2:44:59 AM PDT by jimfree (My19 y/o granddaughter continues to have more quality exec experience than an 8 year Obama.)
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To: jimfree

Ah, mkay. My understanding was usually that the DA could file the one charge, then the jury could reduce it if they find it meets a lesser crime. But if the prosecution can file every level of charges, why wouldn’t they do that for every case just in case they do lose the big murder charges? Auto-try for every charge rolling down until they get one the jury accepts..


18 posted on 08/31/2020 5:55:38 PM PDT by Svartalfiar
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