Looking at these categories, I'm concerned that the prosecutors may not be able to make a good case for second-degree murder -- deliberate but unplanned homicide. At the very least they ought to charge Officer Derek Chauvin with manslaughter -- negligent homicide. That is because DC's lawyer may argue that his client had no idea that he was going to kill George Floyd, that all his client wanted to do is knock out GF so that he would be less troublesome.
I'm trying to think like some sleazy lawyer.
I think that the prosecution ought to have negligent homicide as a fallback charge.
This is always an included lesser charge for a murder offense
Except some people have walked in high profile cases from a lack of such a fallback.
Which ones? I'm not talking about cases where there was an acquittal and the right-wing-blogosphere was saying 'overcharge', but specific cases where the a lesser charge was unavailable