Someone was tried and convicted of murder. He spent 25 years in jail for this crime. Upon release, the supposed victim (who framed the man) turns up alive and well. Out of bitterness of 25 wasted years, the framed "convict" shoots dead the person who was supposed to have been shot 25 years previously. Under the laws of double jeopardy, the person cannot be tried for the murder, having had spent 25 years in jail. What if there was a witness to the actual murder, can this witness sue for Post Traumatic Stress Syndrome witnessing a murder? the thing is, the witness is 15, the murder legally happened 25 years ago. Or am I misunderstanding Double Jeopardy? (It means the person can't be tried twice for the same thing)
2006-08-25 05:53:30 · 16 answers · asked by Balaboo 5 in Politics & Government ➔ Law & Ethics
smile, the question is BASED on the film.
I was wondering if the double jeopardy issue would protect the person from being tried in a case brought by the 15 year old.
I enjoyed the film, by the way
2006-08-25 06:03:02 · update #1
The film is called "Double Jeopardy." Enjoy!
2006-08-25 06:21:52 · update #2
Most of the answers are good! Thanks everybody. I'm going to put this question to the vote so you can decide for yourselves the best answer.
2006-08-28 05:55:13 · update #3
You might get confused about it some because of the emotions involved.
Try and think of it in terms of a contract.
Two people involved in a deal, the deal was completed after 25 years.
The 3rd party involved (the 15yo) as one of the litigants in a legal proceeding now has a claim against the murderer.
2006-08-25 06:10:31 · answer #1 · answered by Invader Zim 5 · 0⤊ 0⤋
Yes, the 15 yr old could sue and get the results as good ones. But unlikely, because yes you are talking about Double Jeopardy and the laws are the laws......... So that person can not be touched for commiting a crime they were already charged with 25 yrs previously. And that is what would be presented in the court room and the Judge won't even touch that.
2006-08-25 13:17:18 · answer #2 · answered by shy&gental 4 · 0⤊ 0⤋
Hmmm, i heard somewhere that double jeopardy does not apply to murder, but i am not sure. It seems kind of crazy that this person would have to serve time twice, but they did commit the crime - premeditated obviously.
That is a extreme situation, thats a tough one.
2006-08-25 13:00:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You've got it wrong. Double jeopardy only applies to criminal cases. A suit for harming someone psychologically would be in civil court and thus the 15 year old would be free to try his luck.
2006-08-25 13:00:27 · answer #4 · answered by TrueSoul 4 · 0⤊ 0⤋
You can sue for anything, that doesn't mean you can win it. You have the understanding of Double Jeopardy correct. But I think if were to sue for PTS it would be more of a civil suit and not a criminal suit
2006-08-25 13:01:27 · answer #5 · answered by YHop 1 · 0⤊ 0⤋
My understanding is that double jeopardy would prevent the prosecution of murder but it would not stop a civil suit, much like OJ being hit with civil damages after being found not guilty.
2006-08-25 13:00:05 · answer #6 · answered by pechorin1 3 · 0⤊ 0⤋
The double jeopardy rule would apply to the criminal charge but not the civil charge. (Just think of OJ if you get confused).
BTW, what movie is this you speak of?
2006-08-25 13:16:32 · answer #7 · answered by G G 2 · 0⤊ 0⤋
He was all ready convicted of kill the person once. By law a person cannot be killed twice. He just paid for the crime in advance.
2006-08-25 13:00:04 · answer #8 · answered by rranderson1968 4 · 0⤊ 0⤋
the witness still saw a murder, regardless of whether or not the convict can be tried of it again or not.
2006-08-25 13:00:58 · answer #9 · answered by notsureifimshy 3 · 0⤊ 0⤋
I saw that movie too The person could not in that situation be retried
2006-08-25 14:33:10 · answer #10 · answered by kmday1130 3 · 0⤊ 0⤋