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?

Comments:
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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