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Criminal Law

Carter v. United States

We have thoroughly discussed grading, and the Carter case illustrates that concept yet again. But it raises a more particular and related concept: a "lesser included offense." Please understand the technical rule for defining a lesser included offense, as well as understanding more intuitively what that means. 

Once you understand that concept, you can also make sure to understand the rule concerning a defendant's request for a certain jury instruction, and how this case again reflects the question of grading from the point of view or prosecutors, defense lawyers, judges, and finally, juries.