The Future of Constitutionally Required Lesser Included Offenses

Authors

  • Michael H. Hoffheimer

DOI:

https://doi.org/10.5195/lawreview.2006.61

Abstract

For over a generation courts have recognized that failing to instruct juries on lesser included offenses results in wrongful convictions. In Beck v. Alabama, the Supreme Court held that in capital cases juries must be instructed on the option of returning convictions of non-capital lesser included offenses. The Court explained that this right prevents juries from being forced to make all-or-nothing choices between guilt and innocence in cases where serious crimes have been committed and pressures to convict of some crime are great.

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Published

2006-04-26

How to Cite

Hoffheimer, Michael H. 2006. “The Future of Constitutionally Required Lesser Included Offenses”. University of Pittsburgh Law Review 67 (3). https://doi.org/10.5195/lawreview.2006.61.

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Section

Articles