Can you get done for killing someone you were already meant to of killed?????

Question

If some one faked their own death, and you got done for their murder and served the whole sentance in jail, then when you got out and you saw them... could you just kill them and not get punished for it because you already serve the time for their death????

this is for everywhere but im from the uk so Im mainly asking for the uk but everywhere else to if u know

Answer 1

No, because you would have just committed murder. You could sue the state for false imprisonment by presenting the live person at an exoneration hearing. But no, two wrongs don't make a right. sorry.

Answer 2

I don't know UK law. The US constitution, in the 5th amendments states: nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. This is the source of the "double jeopardy" rule. If the situation occurred, the first question that would have to be addressed is, "Does killing person A, on March 17, 2007 count and the same offense as killing person A on whatever date they faked their death?" Even if double jeopardy applies, the prosecutor would most likely find every possible charge that did not include the actual murder. For example, lets assume you shot the 'victim'. Possible charges include unlawful discharge of a firearm, unlawful possession of a firearm, endangering bystanders, etc. They may even throw in disturbing the peace. Given a more specific scenario and some time, I'm sure I could dig up more possible charges that would not fall under double jeopardy.

For those who mention the movie "Double Jeopardy" I have 2 comments.
1. Movies are a lousy source for legal advice.
2. In the movie, the 'murderer' took steps to hide the murder. Why do that if no charges could be pressed?

Answer 3

Get "done" for killing someone? Getting "done" means something entirely different in the States. The answer is "no" of course you can't get away with it because you've already served time unless nobody has noticed that the supposed corpse is still walking around! And what kind of friends could a person have when they see the murder victim walking around and they don't alert the authorities to point out that their friend is in prison for murdering this guy who is very much alive? Are you planning on "doing" someone? Dead, I mean.

Answer 4

Yes - Though I'm not recommending it!! You can't be tried twice for what you were convicted for in the first place - It's called double jeopardy. Go rent the movie and you'll know.

On the flip side - if you do see this person a false crime has been committed by them upon you. You turn them in, they go to jail and you sue the crap out of the city, county, and State officials for millions for falsely accusing you and having you convicted. Having your name vindicated in the process.

Answer 5

In the United States that is called double jeopardy. You cannot be tried twice for the same crime. In the same token, you can be found innocent of a crime and after the jury returns the verdict you can stand up and say I did it and you can't be tried for that same crime again even if you admit it after you are found innocent.

Answer 6

Nope watch the movie Double Jeopardy it will explain it all

Answer 7

In the US you can't get tried for the same crime twice.. but I'm sure you'd still get charged with something.

Answer 8

I don't know UK law, but in the US it's called double jeopardy.

See the US movie by that name for that exact scenario.

Answer 9

No, you can't get away with that. You'd have to prove that they were alive somehow and then sue for false imprisonment.

Answer 10

Theoretically -yes- you cannot be tried for the same crime twice it is called double jeopardy.