California, United States of America
The following excerpt is from People v. Hishmeh, 265 Cal.Rptr.3d 712, 52 Cal.App.5th 46 (Cal. App. 2020):
"The danger to the defendant of the charge requiring acquittal of the greater offense before the lesser offense is considered is clear: If the jury is heavily for conviction on the greater offense, dissenters favoring the lesser may throw in the sponge rather than cause a mistrial that would leave the defendant with no conviction at all, although the jury might have reached sincere and unanimous agreement with respect to the lesser charge. " ( United States v. Jackson, supra , 726 F.2d at p. 1469.)
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