I agree. The Arkansas law does sound ready-built for an over-charging prosecutor.
What would be acceptable logic for requiring that there must be a verdict of some sort on minor charges or else the whole thing goes back to trial, including the murder charge?
The only thing I can think of is that they’ve got this dead body, and they’ve clearly got the guy who did it, possible because “not guilty” doesn’t necessarily mean, not the perpetrator.
In that scenario I can see saying “If it’s not murder then you’ve got to decide if he’s guilty or innocent of manslaughter or negligent homicide. You can’t just let a guy walk away from a dead body.”
The jury did not reach a decision on the lesser charges. The jury did make a decision on the murder charge. He ain't walking away. He can be tried again on the lesser charges. He should not have to be put in jeopardy again on a charge which the prosecution brought but for which the jury determined he was not guilty.
This is a scary decision for anyone who fears an overreaching government. This is exactly the kind of situation that the 5th amendment was designed to prevent.