If someone is charged with murder, but acquitted at trial, they can't be later charged with manslaughter, because it's a lesser included offense.

The opposite isn't true, though.

If someone is accused of manslaughter, but acquitted at trial, they can later be charged with murder, because it's a .... what?


It's a "greater offense" -- sometimes also called a "greater included offense."

But you're generally going to be mistaken about whether the defendant can be re-charged after an acquittal on the lesser-included offense. In the United States, at least, the Double Jeopardy Clause would prohibit that prosecutorial strategy. One could still face new charges for the same conduct, but those charges have to pass the Blockburger test.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.