Quote:
Originally Posted by HailGreen28
JoeR, could the prosecution's plan all along have been to overcharge, get a jury that might be predisposed to look for a compromise ("to make everybody happy"), to get a manslaughter charge?
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Yes. They would not be the first and they won't be the last to do so. Of course, in doing so, they run the risk of promising more than they can prove and creating an expectation from the jury that they cannot match.
I did not watch the openings. The best indication that this is what they did would be how they approached the issue there. If they did a "soft sell" of the murder 2 "reckless acts" facts at that point while emphasizing the manslaughter "negligent act" facts, then that was likely the plan all along.