Lesser included offense instruction

 

 

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In criminal jury trials, the court is permitted (but not required) to instruct jurors that they can find the defendant guilty of the most serious crime charged, (2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence,On the other hand, even if the prosecution or defense objects, a judge has to give a jury instruction on a lesser included offense if there's substantial As you know, a trial court must give a lesser included offense instruction where the lesser offense is included within the proof necessary to establish the “Even if the defendant presents a totally exculpatory defense, the lesser-included offense instruction should be given if the prosecution's evidence provides a When a defendant is charged with a greater offense and one or more lesser included offenses, the trial court is generally required to give the jury instructions

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