What is the test for a jury to acquit a defendant of a lesser-included offence before deciding whether to convict him of the greater offence?
MultiRegion, United States of America
The following excerpt is from People of Territory of Guam v. Iyar, 923 F.2d 863 (9th Cir. 1991):
1 While California law proscribes an instruction requiring unanimous acquittal on the greater offense before the jury considers a lesser-included offense, see People v. Kurtzman, 46 Cal.3d 322, 329-31, 758 P.2d 572, 576-78, 250 Cal.Rptr. 244, 248-50 (1988), the rule provides for harmless error. See id. at 335-36, 758 P.2d at 580-81, 250 Cal.Rptr. at 252-53.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
Is a defendant entitled to immunity from prosecution for the same crime if charged with the same same offence but convicted of the same criminal offence once discharged? ("New York", United States of America)
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code? (MultiRegion, United States of America)
What is the test for instructing a jury to consider whether to convict a defendant of a lesser-included offence in a civil case? (MultiRegion, United States of America)
What is the test for whether a conviction for a criminal offence is a generic federal offence? (MultiRegion, United States of America)
Is Defendant's status as a probationer a factor in determining whether or not he has a reasonable expectation of privacy that is greater than that of someone who has completed probation or has never been convicted of a crime? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
What is the test for a jury to decide whether a defendant has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
What is the test for determining whether a defendant has been convicted of a sexual assault? (MultiRegion, United States of America)
