A person is convicted of murder, they serve time, get paroled. Later they kill the person that they were convicted of murdering because they were never actually dead, and they cant be tried since they already were, like in the movie. Now, what if, in real life. A person is found not guilty in a murder case, but later on it is learned that the person is actually guilty. Would they be tried again? Double jeopardy does not apply here does it? Since the person was not convicted of the crime?
2007-04-09 14:04:11 · 10 answers · asked by RS 4 in Politics & Government ➔ Law & Ethics
In the case of a person found not guilty and later evidence showing they actually are guilty, that is exactly what 'double jeopardy' is there to prevent. It would definitely apply.
As for killing someone you had already served time for killing. I'm sure the DA could find a NEW crime. If you shot them, you are a felon in possession of a gun. That is a crime in and of itself. Discharging the gun, even into the ground is illegal in many places. What about endangering anyone else in the area? Disturbing the piece? Inciting panic? How does abuse of a corpse sound? I bet the judge would impose the maximum for whatever I could make stick.
2007-04-09 14:50:20 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Wow - the original question has so much misinformation and so many wrong assumptions that it just can't be answered.
First of all, you assume that the movie is accurate when in fact it is pure Hollywood drama and not correct. The lady certainly could be tried again in Louisiana for murder.
Secondly you assume that " Double jeopardy does not apply here does it? Since the person was not convicted of the crime? [sic]" Exactly why would the state try a person again who was already convicted??? This shows how little people know or care about the law.
2014-09-11 16:05:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This has gotten tricky in the past few years. Double Jeopardy does apply and you cannot be tried twice for the same crime.
Killing that person (supposedly) again is still a new crime and you can be tried.
Now If the crime can be determined to Federal the person can be tried for a civil rights violation by taking a life. That would be less time, but still a lot of time.
2007-04-09 14:20:56 · answer #3 · answered by Nort 6 · 1⤊ 0⤋
Double jeopardy means that a person cannot be tried twice for the same crime. It would apply in the above situation as they had already been tried. It is in place to protect the rights of individuals - without it, imagine a world where a policeman could charge you with a crime you didn't commit over and over again even if you had been acquitted each time.
However in circumstances like the above, the defendant may be charged with another crime such as perjury if he lied in court or making a false statement.
2007-04-09 17:40:50 · answer #4 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
Double jeopardy attaches once a person is acquitted. That is guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution.
Unlike Law and Order, the show, a person acquitted in a murder case is off the hook. No second criminal trial for murder or any lesser included offense either.
2007-04-09 15:05:43 · answer #5 · answered by krollohare2 7 · 0⤊ 0⤋
Im actually pretty sure double jeopardy would apply there, since they were tried, and found innocent of the crime, i dont believe they could go back and try to convict them of it again.
2007-04-09 14:12:07 · answer #6 · answered by Nikki 1 · 0⤊ 0⤋
i'm no longer a legal expert, yet i'm going to offer this one a decide for the funds. Jeopardy attaches on your case whilst the jury is sworn and your trial starts off. while you're convicted or acquitted, jeopardy attaches to you and you will't be tried for the comparable crime two times (as a result, Double Jeopardy). even if, ...do no longer pass monitoring that guy or woman down basically yet. If, like interior the action picture, you come across the guy you supposedly killed alive and correctly, and additionally then you definitely kill them, right here is what i think of might desire to take place. of course, you have been wrongfully convicted the 1st time. So, the prosecutor might desire to persist with to the court to set aside the jury verdict and expunge your checklist of the conviction interior the 1st case. The crime never got here approximately, as a result you shouldn't have been convicted interior the 1st place. Please settle for our apologies. yet, ...because you committed a sparkling crime of homicide and your conviction from the 1st case replace into overturned and expunged, you'll be able to desire to then be tried for the truly crime which befell the 2d time. Any legal experts accessible? help us out right here. we choose a ruling.
2016-10-21 11:48:01 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Double jeopardy would apply if they were found innocent (not a hung jury or a mistrial) because they were in jeopardy before that court system. Another Court System (say federal court) could try them for the same behavior if they had a law against it because it is a different sovereign (court system).
2007-04-09 17:44:30 · answer #8 · answered by Scotty 4 · 1⤊ 0⤋
Yes, double jeopardy does come into play there. You can't be tried twice for the same crime.
2007-04-09 14:08:36 · answer #9 · answered by Herr Raging Boehner. 5 · 2⤊ 0⤋
Sometimes they leave a charge out for later, or come up with something else entirely.
Negligent discharge of a firearm.
Violating the victim's civil rights.
Etc......
2007-04-09 14:12:43 · answer #10 · answered by ExSarge 4 · 1⤊ 0⤋