The state/county/fed chooses which charges to send to the jury, and the jury chooses which, if any, charges to convict on. Usually, it's just one charge, and the jury just gets to pick yes/no, but sometimes the jury gets to pick among several possibilities. So someone could be charged with assault, and a hate crime, and the jury decides based on presented evidence whether the assault is a hate crime, or a simple assault. Or, for that matter, whether an assault happened at all.
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Last edited by Happy Monkey; 05-15-2007 at 06:59 PM.
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