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To: mass55th
I've always been of the belief that you should charge a perp with as many violations as you can in the beginning, hoping that at least the majority of them will stick.

Wrong. The best thing to do is to try them on the most serious charge and hold back on the lesser -non-included offenses. If you charge everything and get the wrong jury you lose everything because they can't be tried twice for the same crime. Here you can charge them with agravatted kidnapping and if that fails then you charge them wih rape and sexual assault. The aggravated kidnapping charge will put them behind bars for life. If that fails then you can always charge them with the lesser offenses and keep them in jail as long as possible.

If it is a lesser "included" offense, in other words, if the lesser offense is an element of the greater offense then you must charge them with everything from the get go.

Does this make sense?

198 posted on 03/18/2003 9:54:42 PM PST by P-Marlowe
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To: P-Marlowe
"Here you can charge them with agravatted kidnapping and if that fails then you charge them wih rape and sexual assault. "

If the aggravated kidnapping charge fell through as a result of the trial, don't you think that a court would question why the prosecution didn't charge them to begin with, espcially since it was obvious they didn't feel it was important enough to include in the first set of charges? I don't recall this strategy being applied in the past have you? Somehow I don't think it would ever fly.

260 posted on 03/19/2003 7:18:39 AM PST by mass55th
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