Jury nullification and Luigi Mangione’s murder defense | CNN
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  • Z3k3@lemmy.worldEnglish
    5·
    10 hours ago

    Ok this one needs explaining to me as a non American isn’t there different criteria for 1st and second degree?

    • ImplyingImplications
      111·
      9 hours ago

      The charges for murder vary by State. Here’s a New York lawyer explaining Murder 1 vs Murder 2 as it relates to New York State law. Murder 2 is regular premeditated murder. Murder 1 is murder with the intent of influencing or intimidating government ie. Terrorism. The lawyer in this interview suggests the Terrorism charge is, ironically, politically motivated, but it will be difficult to actually prove beyond a doubt that Luigi’s intentions were to change government policies and not just get even with someone he disliked.

      In most places murder 1 is premeditated murder and murder 2 is manslaughter. Murder 1 in New York is different.

    • Steve@communick.newsEnglish
      71·
      10 hours ago

      The jury makes a decision on both separately.
      Charging with both gives the jury 2 options. If they don’t think it was premeditated and planned enough to convict on 1st degree, they can choose to convict on 2nd degree instead.

      If the prosecution only charged him with 1st degree, the jury wouldn’t have any other option. And if acquitted on 1st, he couldn’t be tried again under 2nd degree.

      • KNova@infosec.pub
        1·
        5 hours ago

        Wouldn’t the state have to present its case for each charge? Like wouldn’t presenting evidence and testimony to show its murder 1 undermine a murder 2 charge?

        • Steve@communick.newsEnglish
          11·
          5 hours ago

          Typically the higher grades of the same charge incorporate all the elements of the grade below and then some. So if you can prove 1st degree to the jury, 2nd degree is a given.

          Sometimes it is the case that different counts need to be proven individually.
          In Trumps bribery case, they had to prove 39 instances of falsifying documents. “This is how this individual document was falsified.” x39 times.

      • Z3k3@lemmy.worldEnglish
        1·
        9 hours ago

        So time/money saving excersize? Don’t get 1st saves doing the whole circus again for 2nd

        Thanks