Prosecution in a murder case has failed to prove that the suspect intentionally assaulted the victim with the intent to kill the victim. Explain what options for the prosecution may be available if this situation occurs
What could the defendant expect to gain from the lack of proof? If any other charges can be introduced, what charges might be pursued? Would the degree of proof be the same as that required proving intent?
Failure of proof, pursuit of prosecution based on lesser charge, variance in culpable mental states, possible plea bargain options.
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