07-11-2013, 12:55 PM
The defense is likely already writing the appeal... allowing additional charges to be considered at the end of the trial is likely a violation of the defendants due process. The prosecution is not allowed to get so many bites at the apple.
Theoretically a prosecutor could then overcharge every defendant, and wait to see how the testimony plays out to go after the 'real' charge they want a conviction on.
That's an unfair burden for any defendant to meet, as they can't be expected to prepare a defense for every possible scenario. They prepare a defense and strategy based on the original charges, not charges that have not been made or put forward.
ETA: I'm referring to the 3rd degree murder with child abuse charge, if allowed. Although I think allowing the manslaughter consideration is bogus as well - but that's how their law works.
Theoretically a prosecutor could then overcharge every defendant, and wait to see how the testimony plays out to go after the 'real' charge they want a conviction on.
That's an unfair burden for any defendant to meet, as they can't be expected to prepare a defense for every possible scenario. They prepare a defense and strategy based on the original charges, not charges that have not been made or put forward.
ETA: I'm referring to the 3rd degree murder with child abuse charge, if allowed. Although I think allowing the manslaughter consideration is bogus as well - but that's how their law works.