ok around 96' a father and a son killed a man they hid him about 2 days later the cops found the dead man and the father admitted to the crime and the son got in prison for being there.
now the son is out and the father is still in............ if the son admits to the crime well can he get his father out of prison?? or will he go back to jail? or will they not do anything about it.?
(these peepl are totally inisent. the murder was all defense)
2006-06-30 02:28:43 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If the son was not charged with murder, only being an accessory, double jeopardy would not apply if the state charged him with murder. Then there are issues of perjury and concealing his guilt in the crime, which are not affected by double jeopardy at all, and might not lead to the father being released.
If it was self-defense, why did they not report the death at once? Hiding the body pretty much shows they were guilty and knew it. And whatever other conclusions can be drawn from the facts as given, it is clear neither father nor son are very bright.
All in all, I'd say let this sleeping dog lie.
2006-06-30 02:39:12 · answer #1 · answered by thylawyer 7 · 0⤊ 0⤋
I don't think the son can be retried if he was found guilty of murder. It sounds to me that he was tried a being an accomplice, not murder. Now, if he did do the murder and was released, then no he can't be retried, it would be double jeopardy. The son can't confess to the murder to try to get the father out if he was tried for the murder. He was already found guilty.
Now, it doesn't sound like a defense murder. If the team killed because they felt like their lives were in danger, then why did they hide the body? They should have called the police when it happened and they probably wouldn't be in prison now. It is very unlikely that prosecutors tried and convicted without enough evidence and if that happened, that was 10 years ago. Why didn't anyone appeal the conviction. They are guilty and there is nothing that can be done.
2006-06-30 09:38:36 · answer #2 · answered by brittme 5 · 0⤊ 0⤋
When you hide the body, it's no longer self-defense. The son is an accessory to the crime, if he admits he did it, he will be brought up on new charges instead of just being an accessory, the father will still stay in jail because he will given new charges also. And like I said in the beginning, if he kill someone and hide the body, you are no longer "innocent". Innocent people call the police immediately.
2006-06-30 09:40:12 · answer #3 · answered by carolscreation 4 · 0⤊ 0⤋
Depends on what the son was charged with. If he was charged as an accomplice then he has never been charged with murder and would probably be charged. If he was originally charged with the murder, and admits to the crime he cannot be re-charged and re-tried for the same crime, however, the courts do not have to release his father in any case. It sounds like the son was not charged with murder.
2006-06-30 09:39:23 · answer #4 · answered by Bobbie E 3 · 0⤊ 0⤋
it dosent sound like they are innocent. if the son admits to the crime, he probably would go back to jail under a different charge, but i dont know if they would let the father out. they both committed murder.
2006-06-30 09:33:42 · answer #5 · answered by jackieleacollins 4 · 0⤊ 0⤋
I think (if the son is still a minor) that if the son admitted he wouldnt have to go tojail but maybe he would have to go on parole and i dont think the father would get out
2006-06-30 09:33:26 · answer #6 · answered by Chris W. 2 · 0⤊ 0⤋
he will go bake to jail and the father will stay too?
2006-06-30 09:32:42 · answer #7 · answered by :):):) 3 · 0⤊ 0⤋
I believe if they put him back in it would be double jepordy
2006-06-30 09:32:44 · answer #8 · answered by boredgirl 4 · 0⤊ 0⤋