Lesser Included Offense - Law Dictionary Search Results
lesser included offense
Matched in: Term lesser included offense
included offense
Matched in: Term included offense
implied acquittal
offense (as first-degree murder) that is considered to result from a verdict which convicts the defendant of a lesser included offense while remaining silent on the greater one NOTE: A greater offense and a lesser included offense are the … of a lesser included offense while remaining silent on the greater one NOTE: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and
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verdict
acquittal on a higher charge to avoid declaring a mistrial because of a hopeless deadlock only on a lesser included offense; such a verdict would prevent double jeopardy on the higher charge. quo·tient verdict [kwō-shənt-] : a usually impermissible … with statutorily prescribed findings for a particular charge that include guilty, not guilty, and guilty of a prescribed lesser included offense used in Louisiana NOTE: A responsive verdict of guilty on a lesser included offense must be supported by
offense
Matched in: Term offense
diminished capacity
element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element. … which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element.
merger
defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to … merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation
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