Does a defendant have a procedural right to be found guilty of a lesser-included offense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Torres, 937 F.2d 1469 (9th Cir. 1991):
Federal Rule of Criminal Procedure 31(c) provides that a "defendant may be found guilty of an offense necessarily included in the offense charged...." 5 Although the lesser-included offense instruction rule originally developed to aid the prosecution in cases in which its proof failed to establish all the elements of the charged offense, it is now settled that a defendant has a procedural right to a lesser-included offense instruction in an appropriate circumstance. United States v.
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