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philip964 wrote: ↑Fri Dec 06, 2024 7:16 pm https://www.dailymail.co.uk/news/articl ... neely.html

Defense attorney blasts judge for unorthodox ruling.

I read that the jury instructions were to consider both charges and decide which applies, one or the other or I assume acquittal/not guilty. This jury couldn't decide on any of the choices. So my question remains how can the judge demand they go back into deliberation when they already considered all the choices? The matter of recklessness or negligence seems moot to me.

https://www.dailymail.co.uk/news/articl ... neely.html

‘A hung jury means the prosecution failed to meet its burden of proof on the top count. And here, the jury was specifically instructed it was only permitted to find Penny guilty of one or the other, if at all. [ /quote]

I'm not a lawyer, thus not well versed on legal proceedings in Texas, much less NYC. The news reports that the judge dismissed the manslaughter charge against Penny so the jurors can consider a lessor charge. I would have their would be options outlined in the instructions to be able to consider, I.E. the highest level of Manslaughter, the maybe negligent manslaughter/homicdie and so on. If the options were laid out already for deliberation why and how can the DA and judge make the jurors go back since they already had different options in the first place. If there weren't options it doesn't make sense to me that being charged with Manslaughter and being tried with no decision would then give prosecutors a chance to come up with a different charge that wasn't argued in the trial. and having the trial. Any lawyers out there care to help me understand?