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Marsha clark and criminal defense attorney danny and mark c garagos. what do you think the opt is for a lesser charge? >> there is no question the jury will be charged on second degree and -- second degree murpder and manslaughter. i mean, that's a lesser included offense and the way i read the statute, it has to be done and i suspect that the government is going to request it. there is evidence to support manslaughter. so this jury will have a choice of what to convict george zimmerman on. if they convict him at all. >> marsha, that's how it goes. it's up to the jury. they can go for second-d...

Time than a legislature. as for the zimmerman case, many legal experts say the prosecutors may have to include those lesser charges for the jury to consider. maybe like manslaughter, which in this case carries a maximum sentence of 15 years. unless, of course, a gun is used. and then that time is doubled. in the end, the prosecution's level of confidence will likely determine just what charges they'll go after. ashleigh banfield, cnn, florida. >> our panel joins us again. sunny hostin, marcia clark, danny savalos and mark geragos. sunny, what do you think the chances are that the jury will be ...

If it turns out that second degree murder is not what they go for or is that a smart thing for the prosecutor? >> i don't think it's a mistake. i think there are many critics who say this is a routine practice to overcharge. but when you overcharge, you hold yourself to a higher burden. commentator said the same thing about the casey anthony case. it's these cases that people perceive as overcharged. there is that chance by gambling and overcharging, you may sour a jury to that lesser included offense that you could have gotten away with the first time. critics say it's a tool. if you overchar...

And i suspect that the government is going to request it. there's evidence to support manslaughter. this jury will have a choice of what to convict george zimmerman on, if they're going to convict him at all. >> and that's how it goes, it's up to the jury, they can go for second degree murder or manslaughter. >> exactly. it's very, very common. manslaughter is what is called a lesser included offense within second degree murder and it's a very rare case when the manslaughter instruction is not given when you have a murder charge like this and the jury makes the call. >> but you think that in t...

We feel the way we feel. but remember it's an ongoing moving thing. we dissect what happened the day before, the hour before. but we have forgotten many of the inconsistent statements. there's a great deal that the prosecution has shop but has been forgotten because we've been focused on what's been happening up to the minute. when the prosecutor stands up and puts it all together, you may see a very much more compelling picture, more indicative of a second degree murder than a manslaughter. >> from the defense's perspective, does it make all that much difference? as we just saw in that piece,...