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If he had been facing anything but first degree
I think the judge allowed the jury to consider lesser charges. No idea what that actually means but at least in principle it was possible for him to be found guilty of something less serious.
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The prosecutor decides the charges. As Stonehedge said, the court may allow the jury to consider lesser charges related to the charges the prosecutor brings.
Stonehedge
Eseman
@Kurai
Out of curiosity, who decides what degree murder charge someone faces? If he had been facing anything but first degree, I've no doubt he would be jail.