For example, if you were arrested and sent to prison for killing a person but they had no body.
Then..after you served the entire sentence and was released, the person turns out to have only been missing or hiding...would you have the right (legally, not morally) to kill them. And would you go to jail?
Im asking because of a movie i saw, so please dont call me a psycho or anything.
2006-08-04 08:25:34 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Please, give me some actual legal answers, not just what you think is the case.
2006-08-04 08:29:50 · update #1
yup, it was double peopardy
2006-08-04 08:32:59 · update #2
I'd expect that you would be convicted, yes. The government would argue (probably successfully) that they were prosecuting you for killing Jane Doe on January 17, 2005 and not for killing her on August 21, 1975. It would be like stealing someone's car, getting caught, and then going back and stealing it again -- two separate incidents.
2006-08-04 08:37:49 · answer #1 · answered by Patrick 3 · 0⤊ 0⤋
Well I have been told that u cannot be tried for the same crime twice . In any case it is not a right that u have 2 kill the person. What may happen is that the State may not have a legal right 2 retry u for the crime but they may be able 2 charge u with something else. If u had been charged with murder before, u may now be charged with aggravated manslaughter or something similar & the maximum sentence can be thrown at you which can be pretty harsh.
2006-08-04 08:41:16 · answer #2 · answered by Ethslan 5 · 0⤊ 0⤋
What they said in Double Jeopardy is in fact true. You can NOT be tried for the same crime twice. However, the likelihood of that whole scenario actually happening is slim to none. Here is a legal definition...
DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).
2006-08-04 08:41:23 · answer #3 · answered by Kristen K 4 · 0⤊ 0⤋
No this would not give you the right to kill that person., and if you did you would be tried under a different charge covering murder. It would be the same if you robbed a bank or store, and the money was never recovered. When you got out of prison you started spending this money. Then you would be charged on spending stolen property. Don't let moves go to your head, it only happens in the movies.
2006-08-04 08:41:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, if you were accused of killing them and then they were alive you do not have the right to kill them. You would have the right to sue the state for prosecuting without a body and false imprisonment though. And to be honest, after serving that long, very few people assimilate well so you might as well go ahead and kill the person and just go back to jail.
2006-08-04 08:29:30 · answer #5 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Morally you would not have the right to kill them. However, if you have served time for a crime you did not commit. You can't be charged with the same crime twice. That's called "double jeopardy".
2006-08-04 08:32:35 · answer #6 · answered by mediahoney 6 · 0⤊ 0⤋
I saw that movie too, but it is a fictional story. I am pretty sure you could be prosecuted for murder. Afterall, you actually did kill someone. Even though they were wrong in the first place, there is probably some technical lawyer trick to get around that (just like there usually is).
2006-08-04 08:37:26 · answer #7 · answered by joe_devola 5 · 0⤊ 0⤋
You watched a movie called Double Jeopardy, didn't you?
2006-08-04 08:30:29 · answer #8 · answered by redheadedtess 2 · 0⤊ 0⤋
Nothing gives you the right to kill someone! I suspect if you did kill someone, you would return to prison!
2006-08-04 08:28:51 · answer #9 · answered by rockinout 4 · 0⤊ 0⤋
yes u would go to jail cuz u did it u can't be exused frm prison cuz of a mistake sry
2006-08-04 08:28:59 · answer #10 · answered by Corona_14 3 · 0⤊ 0⤋