Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered?

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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