Does a defendant have a procedural right to a lesser included offense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Limpy, 993 F.2d 885 (9th Cir. 1993):
A defendant has a procedural right to a lesser included offense instruction only in appropriate situations. United States v. Crutchfield, 547 F.2d 496, 499 (9th Cir.1977). The test for establishing whether a defendant is entitled to such an instruction is two-fold. First the "offense on which the instruction is sought is a lesser-included offense charged. Second, the jury could rationally conclude that the defendant was guilty of the lesser but not the greater offense." Id. at 500.
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