Originally Posted by
Lady Quagga
Incorrect. Either the prosecution or the defense can make a motion to introduce manslaughter as possible lesser charge. (Just like they can make a motion to push for a possible charge of 3rd degree murder and child abuse, in fact. More on this below.)
It follows that if the prosecution is pushing for 3rd degree murder conviction, that they would push for a child abuse charge that would support the 3rd degree murder charge. Once again, the judge has yet to rule on this, and I think it was a desperate tactic on behalf of the prosecution. Solely on what I've heard in the news, I feel the prosecution failed to make an adequate case for 2nd degree murder. However, I think it there is a strong enough case for a manslaughter conviction.
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