2007-01-01 10:41:24 · 13 answers · asked by Andy M 1 in Politics & Government ➔ Law & Ethics
No,
If you are convicted of killing person A and that person isn't dead then you were wrongly convected. Then if you get out of jail and kill person A it is a separate act.
Look at this way, say you were convicted of stealing a car, lets even say you were guilty, you get out and see the same car and steal it again, can you be charged with stealing it a second time, sure. Now lets say you didn't steal the car, but were found guilty, you get out of jail and steal that car, you still get arrested for stealing. Two different acts.
In the first case you MIGHT get some consideration for the time you already served, after all you have already proved you were innocent of killing the person the first time, but you don't get a get out of jail free card.
2007-01-01 11:03:15 · answer #1 · answered by Richard 7 · 2⤊ 0⤋
Logically yes, but having being found guilty wouldn't you then be in prison?
It is rare (but not impossible) to be convicted without a body being produced. Therefore to be convicted the police would either have to mis-identified another body or convince the court that you disposed of the body in such a way that it could never be found.
Both scenarios are unlikely. If the former was the case, there would then be the problem that you would be convicted of a second murder, having just produced another body and being guilty of the first murder. In the latter case, any half-decent defence team would have tracked down the person who is not actually dead.
Nice plot for a novel if you could convincing square that circle.
2007-01-01 19:00:16 · answer #2 · answered by 13caesars 4 · 0⤊ 0⤋
If A has been murdered, how can A be subsequently killed a second time, with or without impunity?
2007-01-02 04:03:08 · answer #3 · answered by anabelezenith 2 · 1⤊ 0⤋
Technically, legally, double jeapordy does not apply here. Double Jeapard means that if tried, and found innocent, you cannot be tried again for the same crime. However, if you were convicted of the murder of John Smith and that murder supposedly occured on Jan 1, 2001, but John Smith isn't actually dead, if you then killed him, you would by tried for the murder of John Smith on whatever date you commited the act. It is a seperate offence and thus equally as legally chargable.
2007-01-01 18:53:39 · answer #4 · answered by lustatfirstbite 5 · 2⤊ 0⤋
It would be difficult to convict as there has been a miscarrage of justice in the first case and convicted and innocent man.
However double jeopardy law may not hold as the dates of the incidents are different and juridictions in which the crimes where purportedly committed.
2007-01-01 20:47:36 · answer #5 · answered by John D 2 · 0⤊ 0⤋
Just who is the 'them' you are meaning? I can guess, but i may have it wrong ....just as can the convicted person be later proven Not Guilty of the crime (which has happened on a number of occasions) they were convicted of.
I suggest that you (like anyone), go to great lengths to never stand trial. Things can and do, go wrong.
Sash.
2007-01-02 08:56:21 · answer #6 · answered by sashtou 7 · 0⤊ 0⤋
yes because you cant kill some one twice,they will still be dead if you kill them now or 20 years from now. if you have served the sentance for the crime then how can you be forced to do the time twice.
but you are probabably better off suing every one involved and enjoying the rest of your life.
2007-01-02 01:52:02 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Subsequently kill who? You can't be referring to A because he's dead. So who else are you going to kill?
2007-01-01 20:20:49 · answer #8 · answered by Ray 2 · 1⤊ 0⤋
Watch the movie Double Jeopardy....
2007-01-01 18:45:03 · answer #9 · answered by Amy S 6 · 0⤊ 0⤋
Yes, the laws against double jeopardy preclude your prosecution for the same offense.
2007-01-01 18:44:20 · answer #10 · answered by Anonymous · 1⤊ 0⤋