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To: CA Conservative

The flaw in your argument is that jury will be instructed that it cannot convict on lesser charges. Only in cases where the defendent is not claiming self defense can the jury consider the lesser charge. If the state fails to prove murder two, then it doesn’t get another chance to try you for a lesser charge. It’s double jeopardy otherwise.


918 posted on 06/28/2013 1:04:19 PM PDT by VRWC For Truth (Roberts has perverted the Constitution)
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To: VRWC For Truth
The flaw in your argument is that jury will be instructed that it cannot convict on lesser charges.

That is an assumption on your part, and one not shared over at Legal Insurrection. He is a Florida lawyer, and has stated that the Murder 2 charge included lesser included charges of manslaughter.

931 posted on 06/28/2013 1:09:18 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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