I agree with you that prosecutors should only charge what they believe the evidence will prove; however, often there is a huge gray area and they might be able to prove first degree, maybe not. So, they charge first degree hoping the guy will request to plead guilty to second degree (and also what the prosecutor really thinks he is guilty of) to avoid the expense and time of a trial. Not every case should be tried and it benefits everyone if defendants plead to an appropriate crime. That is not to say they should be allowed to plead to just anything, but if a prosecutor has a decent chance of proving a first degree charge, he will charge it and expect a plea to second degree.
Southern, yes you are correct. First degree is much more difficult to prove, but certainly not impossible. The defendant may have told someone what he was planning on doing, purchased items for the crime or even told the victim what was going to happen. It is proven all the time, but second degree is much easier to prove. I am no expert on capital cases, but I believe that just because you charge first degree it does not automatically become a capital case. It is my understanding that the state has to actively pursue capital punishment and there are a lot of hoops to jump through to have to do that - except in Texas, God bless 'em.
|