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SabraTova
Jul 3, 2011, 09:48 AM
If the Prosecution is going for 1st degree murder...
And the jury finds the defendant guilty of lesser charges,
Can they penalize for the lesser charges or must they acquit
Based on the Prosecution' original stance?

Fr_Chuck
Jul 3, 2011, 09:50 AM
It can depend on the jurisdiction and how the charges are filed.

excon
Jul 4, 2011, 05:01 AM
Hello S:

Your question makes NO sense... If a defendant is found guilty on lesser charges, he is sentenced for the crime the jury found him guilty of. In SOME jurisdictions, he can't be found guilty on lesser charges.. He must either be convicted on the charge that was brought, or acquitted.

excon

SabraTova
Jul 4, 2011, 05:19 AM
Well, thanks. You answered my question--even though it didn't make sense to you. : )