Thursday, July 19, 2007

Dirksmeyer UPDATE: lesser included charges

Today's acquittal of Kevin Jones raised the question I brought up yesterday. Why did the judge not allow the jury to consider "lesser included" charges?

A paralegal sends this observation.

When your defense is you absolutely didn't do it, you can't rely on those lesser offenses.

If you say I did it, but... that's when you fall back on the lesser-included offenses.

Any lawyers want to weight in?

This case was ridiculous all around. The police department's job of gathering evidence was terrible and their incompetence continues to show, with the trial lasting a week. As for the judge making his decision, I'd do the same thing to speed up a decision on a case that apparently has no prosecuting backbone.
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