ok he fakes his own death she gets convicted of the murder that didnt take place ,,she serves 10 years and gets out .....now she finds out that he is alive and kills him ....since she has allready been convicted on his murder they cant charge her again can they
2006-12-01 02:01:56 · 17 answers · asked by mobile auto repair (mr fix it) 7 in Politics & Government ➔ Law & Ethics
she should be charged for maring a jurk and the murder also since she was wrongly charged she may get credit for time served though
2006-12-04 01:32:17 · answer #1 · answered by smile it makes people wonder?? 3 · 0⤊ 1⤋
The correct answer to your question is this: She can't be tried charged or tried for the same murder in the same jurisdiction. This means that if she tracks him down and kills him in a different state than where she was convicted before, then yes she can be charged with murder in the new jurisdiction!! If she kills him in the same state that she was convicted the first time, then no she can't. Murder is defined and goverened by state law!
The facts you are talking about are straight out of the movie Double Jeapordy. Great movie, but it distorts the law!!
2006-12-01 02:50:07 · answer #2 · answered by On Time 3 · 0⤊ 1⤋
Murder. The fact that he faked his death is not relevant to her crime, even if in doing so he was guilty of a crime, or caused her to be wrongly convited.
Since the first crime did not take place, her original conviction would be set aside. She might then be able to sue the state or the husband's estate for damages.
But for her actual crime, she could then be charged and convicted.
It made an interesting movie, but it wouldn't play out in real life.
2006-12-01 02:44:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Brian, this is an oldie but a goodie. This is what would happen (trust me).
Once the murder was uncovered, and the woman arrested, the state would "Vacate" the earlier conviction, thus erasing it. The woman would then be able to be tried and convicted of the crime.
But what about the ten years she spent in prison (I hear you cry).
She could sue the state for false imprisonment and would win a financial settlement to enable her to pay her lawyer's fees for her new trial.
But trust me... Double Jeopardy does NOT apply in this case. There are no "pre-paid" homicides permissable in law; and anyone who tells you otherwise is totally wrong.
Cheers, mate.
2006-12-01 02:15:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
19 and a couple of childrens? First i don't think of you've the alternative making skills to be a well-being practitioner. Suicides are puzzling to fake. you want a body. it would want to be a lot less puzzling to fake a kidnapping, despite the indisputable fact that the FBI will likely inspect your pc and spot this submit, so as that is out. the first ingredient i might want to point is to be sure a therapist. i don't think of your melancholy change into brought about through all of those undesirable issues. i imagine it would want to correctly be any incorrect way round. melancholy in youthful human beings may reason poor selection making, volatile sexual habit, and the want to have childrens, yet then no longer love them after. you're able to consult a therapist and are available across a remedy that would truly help you to be plenty happier. Edit: --end being haters.-- She isn't a nasty human being. each and every ingredient she said, the unprotected sex, the dishonest, both little ones at 19, will be attributed to a psychological ailment which include melancholy or bipolar sickness. Calling her a nasty human being is like putting forward someone is a nasty human being for having maximum cancers. psychological ailment is a intense actual disease, and it truly is by way of stigma linked to it through those who're calling her a nasty human being that individuals do no longer hunt down remedy.
2016-10-08 01:24:31 · answer #5 · answered by spurgin 4 · 0⤊ 0⤋
No Double Jeopardy takes effect then once she has been convicted and punished for the crime she cannot be tried again. If she was convicted then she can kill him without ramifications beside the ones she already served
2006-12-01 02:06:23 · answer #6 · answered by Robert B 4 · 0⤊ 0⤋
Double Jepardy...she already did time for murder...too bad if the murder took place 10 years after the conviction.
2006-12-01 02:04:47 · answer #7 · answered by Lotus Phoenix 6 · 0⤊ 0⤋
Why was she released after 10 years? Had she served her time for that crime? If so then she can not be convicted again for the same crime.
2006-12-01 02:09:48 · answer #8 · answered by tr525 1 · 0⤊ 0⤋
Better then killing him she sues the government for wrongfully taking asway 10 years of her life. That will make her a couple million even with the crappiest lawyer AND her husband would eventuallu get caught and slammed behind bars (no pun intended)!
But, if she decided to kill him, they would throw her back in the slammer.
2006-12-01 02:11:40 · answer #9 · answered by uzurhead 3 · 0⤊ 0⤋
I think they can try her for muder again on this one because he was not dead when they tried her the fist time.
It does not give her a license to kill the guy just because she was wrongly convicted of his death previously.
2006-12-01 02:10:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋