Regarding the lesser included submission, I'm not sure. When I took the bar many years ago, the Defendant could gamble and object to the charge including a lesser included offense and make it an "all or nothing" case. However, I seem to have heard that this has changed. The Court may no instruct on a lesser included if the evidence supports in over the objection of the Defendant. But I'm not sure.
Originally Posted by TexTushHog
I did some searching before I saw your post, and found this..
https://www.rosenthalwadas.com/lesse...nse-important/
if I interpret correctly, it seems to say that the Judge can instruct the Jury to consider a lesser charge, and that only occurs after the trial is finished. which would mean for now, Murder is the only option to consider. the Attorneys for both sides can ask the Judge to instruct the Jury to consider a lesser charge, but she will not do it unless requested (if I understand right). the Attorneys must agree (I think), so if Amber's Attorneys say "no, it's murder or nothing else", that rules.
if I spelled it out correctly, Amber should go all in for Murder.. she will not get convicted.
if I'm wrong on my interpretation, please correct me. it is clear, though, that all the media sources who have said the Jury can convict on a lesser charge have JUMPED THE GUN