Is a jury required to unanimously acquit a defendant of a lesser included offence before considering whether to consider the lesser included offense?
California, United States of America
The following excerpt is from People v. Likens, C074608 (Cal. App. 2014):
"[A] court may restrict a jury from returning a verdict on a lesser included offense before acquitting on a greater offense, but may not preclude it from considering lesser offenses during deliberations. [Citations.] Thus, a trial court should not tell the jury it must first unanimously acquit the defendant of the greater offense before deliberating on or even considering a lesser offense. [Citation.]" (People v. Dennis (1998) 17 Cal.4th 468, 536; italics added.)
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