What is the test for determining whether a defendant is guilty of a lesser included offence but innocent of the included offense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Muniz, 684 F.2d 634 (9th Cir. 1982):
(1) a lesser included offense must be identified, and, (2) a rational jury must be able to find the defendant guilty of the included offense but innocent of the greater offense. In considering satisfaction of the latter prerequisite in a given case, the evidence presented at trial clearly must be a primary focus of analysis.
United States v. Johnson, 637 F.2d 1224, 1233-34 (9th Cir. 1980).
"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
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)
Does a defendant have a procedural right to be found guilty of a lesser-included offense? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (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 an "offence" where "the elements of the lesser included offense" are a subset of the charged offence? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a jury convicted a defendant of a range of criminal charges, including conspiracy to pervert the course of justice, has been found guilty of all charges relevant to this appeal? (MultiRegion, 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)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
