Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
88. May the defendant properly be retried on the original charge of first-degree murder?
The defendant appealed. The appellate court reversed the conviction based on an erroneous evidentiary ruling.
A defendant was tried on a charge of first-degree premeditated murder. At the end of trial, the court granted the defendant's request to have the jury also instructed on the lesser included offense of second-degree murder. After being instructed on the elements of both first- and second-degree murder, the jury found the defendant guilty of second-degree murder.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
B is incorrect. Although vindictive-prosecution doctrines do preclude a prosecutor from retaliating for a successful defense appeal, here the prosecutor would be simply retrying the defendant on the original charge. The problem is not that the prosecutor would be enhancing the charges; it is that the jury has already acquitted the defendant of the primary count.
C is incorrect. The defendant's request for the instruction on the lesser included offense does not nullify the jury's implied not-guilty verdict on the greater offense.
D is incorrect. By convicting the defendant on only the lesser count, the jury implicitly acquitted him of the greater count.