How does double jeopardy work?

Question

A person kills someone and is charged with murder. If he gets off, can he then be charged with something else like conspiracy to commit murder with regards to the same incident?

Answer 1

It's a constitutional prohibition against being charged twice for the same (or related) crime, by the same authority, based on the same circumstances.

First, it applies only to subsequent prosecutions based on the same circumstances, and by the same sovereign. So, if the state wants to go after you based on violation of state criminal laws, that doesn't bar the federal govt for prosecuting based on violation of federal laws.

Second, it applies only to the same criminal charge, or a lesser included charge. That means, where where proving all elements of one crime automatically proves another. So, battery (harmful contact of another) may be a lesser included charge of homicide (killing of another), since if the homicide is proven, the battery is also automatically proven.

Double jeopardy does not apply if each crime has one element that the other does not. So, assault with deadly weapon (attempt to harm another using a deadly weapon) and homicide. Since the use of a deadly weapon is not an element of the homicide, and resulting death is not an element of the assault, they are considered different crimes.

However, in practice, most state courts have established that crimes like that are sufficiently similar if the underlying facts can be used to prove both simultaneously, even if the textual elements may be described differently. In other words, merger (of a lesser included crime) can occur either based on the elements of the crime as defined by the statute, or as those crimes are alleged and prosecuted in a particular case.

Conspiracy has as elements an agreement to commit some crime, and some overt act in furtherance of that conspiracy. The requirement for an agreement is not an element of most crimes, and the physical actions of those crimes are not an element of conspiracy. So, conspiracy does not merge into the other crime, and can still be prosecuted separately in almost all jurisdictions.

Answer 2

Once a verdict for that particular crime has been rendored, then there can be no additional charges put against the person for that same crime.

So if the person was found innocent (not guilty) of first degree murder, for the murder of Joey Bagadonuts, the person could not then be tried for accessory, second degree murder, conspiracy, or any other charge that directly relates to the conviction. So that would be that.

Answer 3

the respond on your first question is glaring... the guy murders somebody else, then that's no longer double jeopardy. Double Jeopardy comes from the 5th substitute to the U.S. shape whichroughly states that a man or woman shall no longer be placed in jeopardy greater beneficial than as quickly as for the 1st offense. this means that an rather no longer accountable watching the 1st trial isn't surely mandatory - a dismissal with prejudice works besides. as quickly as "jeopardy attaches" (e.g. after a jury is empaneled an sworn) any blunders by the government which motives the decide to throw out the case with prejudice will consequence in a bar to extra prosecution. different findings wanting no longer accountable, inclusive of a hung jury or a dismissal without prejudice do no longer bar next prosecution. one ingredient to keep in mind even with the shown fact it relatively is that double jeopardy purely applies with connection with prosecution carried out by the comparable sovreign. Take case in point, that Nichols fellow interior the Oklahoma city Bombing (the next day's the 11th anniversary by how). tried and convicted in U.S. District for for violating federal stautes regarding killing federal officers. Sentenced to existence in reformatory. Later tried and convicted returned, yet this time by the state of Oklahoma for homicide of those comparable federal officer and 40 six or so others. comparable transaction and occurrence, yet diverse sovreigns. as long as there's a federal statute prohibiting the habit it relatively is likewise prohibited by the state, there is no bar from the two prosecutin because of the fact the assumption is that the two government's have an interest in distributing their very own justice.

Answer 4

I get cought stealing and a LOAD of gold was stolen. I do my time and get out. I had a conspiritator with me but they never cought him so I get put on trial for him.
THAT is a violation of Double Jepordy.
It's also like:
I Shoot a man in the head, but just knick it. He is assumed dead by the police and I cut a deal, like, 30 years. The guy turns out alive and I'm pissed becouse I spent 30 years in jail for nothing. I can take a gun and make SURE he is dead. I am not allowed to be charged for his murder again.

Double Jepordy is not being able to be charged with the SAME crime twice. It's a way to keep the system from going in a paradox.
-Hytegia

Answer 5

No, it has to be the EXACT SAME charge for double jeopardy to take effect. Not conspiring to commit murder or anything not exactly the same as the former charge.

Answer 6

If he is found not guilty, he can not be re-charged with the crime for which he was acquitted, or any other crime which is an element (part) of that crime.
He can be charged with other crimes from the same facts, if the elements of the crimes are different.
For example, if a person assaults a person of a different race, and is acquitted; he can still be tried in Federal Court for criminal violation of the other person's civil rights.

Answer 7

have you ever seen the movie double jeopardy its really good, but for what i know this is how it works... lets say you got framed for murdering someone, lets say everyone thinks he/she is dead, but you found out that that person framed you. So since its already said and done that you murdered that person and you served time and stuff, if you find the person who framed you for killing him or her, you can kill them and you can't go to jail for it again because you already did. That is what the movie was about, watch the movie you'll get it... its a really good movie....

Answer 8

If he is found not guilty of the charge he has been charged with, He can then stand up and say he did it and not face any charges. Once someone has been found not guilty of murder, they can not be retried on the same case.

Answer 9

hahaha. i thought you meant double jeopardy in the game jeopardy. i dont really know the rules. y are you planning to kill someone?

Answer 10

You are correct, they can be tried again. This link explains the law in detail, and specifically refers to the case you mention in paragraph 4.

http://www.lectlaw.com/def/d075.htm