Another aspect of Texas law I didn’t mention: the jury can find Anthony guilty of second-degree murder before the punishment phase. According to the Texas Supreme Court, if a jury unanimously acquits on first-degree murder, they can then deliberate on second-degree murder. The prosecution has no control over this, even though they’re only pursuing a first-degree charge.
It is "easier" simply because the defense is not there to object to evidence because of a number of reasons - hearsay, etc. The prosecution is not doing anything wrong. They are presenting the evidence that they have gathered, but that does not mean the "evidence" will qualify as "evidence" once the trial starts and the defense files their motions.
Super helpful. I admittedly didn’t know juries could go for lesser charges…
Another aspect of Texas law I didn’t mention: the jury can find Anthony guilty of second-degree murder before the punishment phase. According to the Texas Supreme Court, if a jury unanimously acquits on first-degree murder, they can then deliberate on second-degree murder. The prosecution has no control over this, even though they’re only pursuing a first-degree charge.
That ham sandwich comment is so fascinating. Why is that evidence so much easier?
It is "easier" simply because the defense is not there to object to evidence because of a number of reasons - hearsay, etc. The prosecution is not doing anything wrong. They are presenting the evidence that they have gathered, but that does not mean the "evidence" will qualify as "evidence" once the trial starts and the defense files their motions.