Is it really legal to change the charges after the trial is already this far in without a plea? That seems like shady ****. What is to stop the DA from just hitting you with the highest charge he can and then just lowering the standard when he can't prove his case. That just sounds ridiculous.
EDIT: I just looked it up and in most courts it is perfectly legal for you to be tried for one charge and be convicted of a lessor charge if evidence for the original charge is insufficient.
yeah it seems kinda weak, so they just shoot for the stars and just grab whatever they can on the way down. I feel like if you're being tried for a certain crime, that's all you should be subjected to. Although I guess any lesser charges also being considered prevents double jeopardy, where they just charge him for manslaughter after a failed 2nd degree trial or something.
Although I guess any lesser charges also being considered prevents double jeopardy, where they just charge him for manslaughter after a failed 2nd degree trial or something.
This is actually a way to skirt double jeopardy. The bolded section is specifically prohibited by double jeopardy. You can only be tried for any given crime (read as "event") once. The charge doesn't matter. This sounds like a rule put in place to seek "justice" when the DA gets overzealous in what he thinks he can prove. Sounds like a bunch of bullshit to me. The DA needs to know what he can prove and what he can't and make a decision based on the facts. If he overshoots he should not have this kind of bullshit to fall back on. This just breeds mediocrity.
That is in regards to allowing it in the jury instructions; I agree with the judge in this case.
Unless there's a law that says it's specifically legal, they can't be instructed on it. All the defense has to do is make sure the jury understands that following someone is not illegal during closing statements.
In opening statements, the prosecution claimed GZ walked up to TM and shot him point blank in the chest. Yet to mention that about 2 hours into closing statements, just a lot a talk about a struggle before getting shot; weird. It's almost like they had to change their entire case mid-trial because their witnesses didn't match the story the Major, DOJ, and/or President of United States told them happened.