Rlaub44
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That instruction 'can' only be given 'if' the jury is instructed on a lesser charge to Casey's first-degree murder charge. Right now, the only lesser charge against Casey's first-degree murder charge is manslaughter, not second-degree murder nor third-degree murder.
HTH
Haven't read the rest of the thread yet, but I wanted to clarify.
Casey has been charged with first-degree murder and manslaughter. However, as murder two and murder three are lesser included charges of murder 1 in Florida, the judge can instruct the jury on murder two if there is evidence to support that charge.
It does not have to be formally charged by the state pre-trial. So you are technically correct here that those are the current charges, but the judge has until he instructs the jury to choose which of the lessers to include in those instructions.