in broad day light(DOUBLE JEPORTY) is ther such a thing
2006-06-26 06:32:57 · 45 answers · asked by pj 3 in Politics & Government ➔ Law & Ethics
Yes there is such a thing....go rent the Ashley Judd movie "Double Jeopardy"
2006-06-26 06:35:10 · answer #1 · answered by e_r_c_15 3 · 0⤊ 0⤋
Anyone who has told you you could get away with this is flat wrong. You can not get away with shooting someone the second time because you were already convicted for murder. You will be convicted for murder for shooting someone in the broad daylight even though you supposedly already did it. If you commit either murder in a different state each state could convict you regardless of any other prior convictions if it happened in the same state you would be charged again. The movie Double Jeopardy is fiction. That principle does exist but it means that you can not be convicted twice by the state for the first murder or the daylight shooting.
The federal government could also charge you and convict you for the same event even if you were acquitted. This is how they were able to convict many of the members of the KKK in the last century when they were being found not guilty by southern juries.
2006-06-26 08:01:22 · answer #2 · answered by C B 6 · 0⤊ 0⤋
People have a confused idea about "double jeopardy" If the person turned up alive, he was never murdered and no crime existed.
If you shoot him now, it's a new crime. The movie "Double Jeopardy" was fun to watch, but it was not based on sound legal principles. The actual concept of double jeopardy in the law refers to the fact that if you are tried once and found NOT GUILTY of a crime, you cannot be tried again later for that same crime, even if new evidence is found against you.
2006-06-26 06:39:55 · answer #3 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
I'm curious how you would shoot them while you're in jail. And I don't think the whole double jeopordy thing applies here because if you're released, and then you shoot the person, it's another crime all together. The double jeopordy law just says you cannot be tried for the same crime twice. Since this "second" shooting would be a separate instance, you haven't been on trial for it yet.
2006-06-26 06:37:39 · answer #4 · answered by jada_riab 2 · 0⤊ 0⤋
No! why would you?. Killing someone does not make a wrong right. settle your dispute in a civil manner or just move to another city and stay out of the circumstance that got you to that point again. Also as an avid sportsman, I would suggest not using a firearm as we the people who do that type of sport will take this matter serious and may press charges upon you for violating the peoples constitutional right to bear arms. Thank you for the idea.. I will suggest this to the president of the NRA for legislation.
2006-06-26 06:48:04 · answer #5 · answered by BONES 4 · 0⤊ 0⤋
No, there are no "crime immunity" cards being handed out. If you serve a full or partial sentence for a crime that you did not commit, the best you can get is an apology.
If that were the case, people would strategically find a way to serve jail time in advanced for a crime wanted to later commit.
2006-06-26 06:48:36 · answer #6 · answered by Joe K 6 · 0⤊ 0⤋
I think it would depend on what you got convicted of in the first place. 1st degree murder is the known intent to kill someone. Let's say you were convicted of 2nd degree murder, and served a prison term for that. If the victim turned up alive and you shot them on the street, I believe you could be convicted of 1st degree murder. But I could be wrong, so you gotta see what other people say!
2006-06-26 06:36:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No!
No way, not and get away with it cleanly.
It is against the law to take a life.
Double jeopardy would protect you from the exact crime you were convicted of the first time however there are other criminal and civil charges the government WILL prosecute you for.
..Loss of civil liberties, aggravated (very) assault, battery... anything locally:
..The police and governments would have to make an example of you.
2006-06-26 06:49:00 · answer #8 · answered by awaken_now 5 · 0⤊ 0⤋
If U have been found guilty of killing some1 & they subsequently turn up alive, you're in Prison.
What U gonna do, send a Hitman?
Even as a Hypothetical question, it Sucks!
2006-06-26 06:37:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't think so, because if that person was actually alive then you would be set free. But if you then kill that person than you will be put in prison for murdering some one. But if only you knew about the person being alive then who would know the difference otherwise? Besides you would be in prison anyways so whats the difference?
2006-06-26 06:37:01 · answer #10 · answered by Anonymous · 0⤊ 0⤋