Legal Question in Criminal Law in California

Murder Trial

If a jury can't come to a verdict on 2nd degree murder, can it lower the charge to manslauter on its own and then find the defendant guilty on that charge?


Asked on 5/02/07, 1:34 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Murder Trial

Only if the court has given it that option. If the testimony could support a finding of manslaughter the court must usually let the jury reach such a verdict. There are situations in which a killing could not have been manslaughter (for example, it may be clear that the victim was murdered but not clear whether the defendant did it), and in those cases the jury will not be allowed to decide that it was.

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Answered on 5/02/07, 1:51 am


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