no i was charged with possession of guns it was dismissed now they charged me with Disability to guns an't that the same
2006-06-15 08:36:56 · 15 answers · asked by vickie_45601 1 in Politics & Government ➔ Law & Ethics
Double jeopardy is actually a term used for being tried twice for the substantially same offense; the fifth amendment of the U.S. constitution states "nor shall any person he subject for the same offense to be twice put in jeopardy of life or limb". Just understand that possesion and disability of guns are two different offenses they are not exactly the same so in this case there is no double jeopardy issue. Hope I was of assistance for more complete description and explanation see your states criminal procedure code. Have a nice day!
2006-06-15 08:50:42 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Double jeopardy (also called "autrefois acquit" meaning "already acquitted") is a procedural defense (and, in many countries such as the United States, Canada and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. At common law a defendant can plead autrefois acquit or autrefois convict; meaning the defendant has been acquitted or convicted of the same offence previously.
however, not all crimes may apply...and I also a skillful DA can find away to get you on a related charge
2006-06-15 15:43:10 · answer #2 · answered by mikendaberry 1 · 0⤊ 0⤋
Double jeopardy states that you cannot be prosecuted for the same crime twice. However, there are a number of exceptions to this; if the two crimes you are charged with have different elements, then they are sufficiently separate crimes. For example, if you hit and kill somebody with your car and then drive away, you could be convicted of a hit and run, and then be convicted of manslaughter. Hit and run requires one to flee from an acccident, while manslaughter requires a death. Thus, while there was only one incident, you can be convicted of two crimes. Also, double jeopardy does not bar two different states (or one state and the federal government) from prosecuting you for the same crime.
2006-06-15 15:44:30 · answer #3 · answered by Jester, Esq. 2 · 0⤊ 0⤋
Double jeopardy is when you get tried for the same crime twice. Like if you get tried for the murder of someone, and your found inocent, then three years later some new evidence pops up that says you are guilty. They can't try you again because the case is close and the law protects you from double jeopardy so that evidence that is found can't be faked.
2006-06-15 15:40:45 · answer #4 · answered by Randall M 2 · 0⤊ 0⤋
Double Jeopardy is being brought to trial on the same thing twice. I'm not sure about your situation but I know what double jeopardy is. If there is new evidence is brought up you can still not be tried. If OJ Simpson came out tomorrow, wrote a book about killing his ex-wife, brought her decapitated head, and had a video tape of it he would still be innocent because you cannot be tried twice.
2006-06-15 15:40:25 · answer #5 · answered by Ducky 3 · 0⤊ 0⤋
I've never heard of disability to guns. Different charge, not double jeopardy. Period.
2006-06-15 15:41:05 · answer #6 · answered by hisgirl_2455 2 · 0⤊ 0⤋
Double Jeopardy means that you cannot be retried for a crime you have already been declared innocent of.
2006-06-15 15:41:28 · answer #7 · answered by KansasSpice 4 · 0⤊ 0⤋
that's the second round of the game show Jeopardy
2006-06-15 15:42:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Being charged for the same crime after you are aquitted or found innocent,,, it has to be the same charge for that same crime,,, not a different charge for the same offense..
2006-06-15 15:41:02 · answer #9 · answered by changingmystrings73 1 · 0⤊ 0⤋
double jeapardy is being charged with the same crime twice by 2 different jurisdictions; if they are charging you with something else, that's not double jeapardy
2006-06-15 15:40:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋