When might a judge allow a jury to consider a lesser sentence?

Question

If the DA wants to allow the jury to consider a lighter sentence, but the defense wants to keep it either/or (hoping to increase the chance for an absolute acquittal), is the judge limitted in whether he can instruct the jury to consider the lesser sentence?

This is a felony case in Texas.

Thanx

I was referring to a charge.

Murder vs. manslaughter.

The DA wants to to allow the jury to consider guilty of murder, guilty of manslaughter or innocent of all charges. This would increase the likelihood that the defendent would get at least some jail time!

The defense wants the jury to have to chose between murder vs innocent, hoping to increase the chance of an innocent verdict.

Answer 1

The prosecutor in Texas has the absolute discretion as to whether to charge a "lesser included" offense.

The only exception would be where the alleged facts cannot support the lesser charge but not the greater - eg where the only issue in dispute is "It wasn't me" in which case the defense can request a directed dismissal of the lesser charge.

Richard

Answer 2

the judge is the one who makes the sentence
as in he says how long a person goes to jail for
Ex. life or 14 years, and he decides the parole

the Jury only reaches a verdict
either 'Guilty' or 'innocent'
the jury does not make a sentence because they are a group of randome civilians who are potentialy not educated about the law and how to sentence.

a judge can technicaly overrule the juries verdict if he wants, but it never happens.