Jury nullification and Luigi Mangione’s murder defense | CNN
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  • Steve@communick.newsEnglish
    71·
    11 hours ago

    The jury makes a decision on both separately.
    Charging with both gives the jury 2 options. If they don’t think it was premeditated and planned enough to convict on 1st degree, they can choose to convict on 2nd degree instead.

    If the prosecution only charged him with 1st degree, the jury wouldn’t have any other option. And if acquitted on 1st, he couldn’t be tried again under 2nd degree.

    • KNova@infosec.pub
      1·
      7 hours ago

      Wouldn’t the state have to present its case for each charge? Like wouldn’t presenting evidence and testimony to show its murder 1 undermine a murder 2 charge?

      • Steve@communick.newsEnglish
        11·
        6 hours ago

        Typically the higher grades of the same charge incorporate all the elements of the grade below and then some. So if you can prove 1st degree to the jury, 2nd degree is a given.

        Sometimes it is the case that different counts need to be proven individually.
        In Trumps bribery case, they had to prove 39 instances of falsifying documents. “This is how this individual document was falsified.” x39 times.

    • Z3k3@lemmy.worldEnglish
      1·
      11 hours ago

      So time/money saving excersize? Don’t get 1st saves doing the whole circus again for 2nd

      Thanks