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Focusing on. so it really is useful, but you also want to be careful. because if you overcharge, you could lose a try credibility of the jury. you want the jury to be looking you at you thinking, and nodding along. feeling as if the prosecutor is leading them properly towards a resolution. and if you start to bring charges that seem excessive, you can lose them. that might be something that they are considering and considering which charges to bring. >> you just made a great point that i want to underscore. and i think our viewers who follow different types of cases may remember what you're ta...

Think that's a stretch? >> i see it. i think it's hard. i think it would be hard to prove in certain ways and it has certain challenges, but it has certain benefits. it also allows the prosecutor to bring in all sorts of evidence that would be harder to bring in otherwise because it is such an umbrella that you could bring in past wrongdoings, things that stretched back further beyond the statute of limitations in these other cases. and all of that evidence would help you convince a jury of the particular crimes that you're focussing on. so it really is -- it's useful, but you also want to be ...

And in fact, they encourage violence when we want to discourage it. >> when you have prosecuted zimmerman under second degree murder or manslaughter or not at all? >> look, i think -- i've heard your segments with allen dershowitz. i have great respect for him. but i begin with a premise here, justice was not served. an innocent man was shot and killed and something is wrong when there is no judicial response to that. having said, that we need to come to grips with another reality. proof beyond a reasonable doubt make it very difficult in a context like this where there's not overwhelming evid...

Come to grips with another reality. proof beyond a reasonable doubt make it very difficult in a context like this where there's not overwhelming evidence to get a conviction. murder two was the wrong charge. as i understood the evidence, i think that was the wrong charge. manslaughter, if they had started with that, i always worry as a prosecutor, if you overcharge, you lose credibility. >> and if the jury rules out what you've gone for, it's harder to come down. >> you're asking them to say i've argued a and b, reject a but embrace b. but your credibility is shot, because a, which was your mo...

That. having said, that we need to come to grips with another reality. proof beyond a reasonable doubt murder two was the wrong charge. as i understood the evidence, i think that was the wrong charge. manslaughter, if they had started with that, i always worry as a prosecutor, if you overcharge, you lose credibility. >> and if the jury rules out what you've gone for, it's harder to come down. >> you're asking them to say i've argued a and b, reject a but embrace b. but your credibility is shot, because a, which was your more powerful argument, didn't work. remember, initially there was no char...