Define the phrase "lesser included offense" and describe how the concept is used in the Texas justice system
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A lesser included offense is a crime that includes some, but not all, of the elements of an offense with a greater penalty. For example, manslaughter is a lesser included offense of murder because it requires a lesser culpable mental state (recklessness instead of intent or knowledge). Theft is a lesser included offense of robbery because being in the course of committing theft is part of the elements of the offense of robbery. At trial, the principle allows a defendant to be convicted of some lesser offense when the evidence fails to establish he committed the offense charged. This prevents an all or nothing result. Lesser included offenses are also used as part of the plea negotiation process.
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