Is this possible and if so please elaborate. I was under the impression that this would be considered double jeapordy.
2007-07-19 06:30:42 · 6 answers · asked by Red 2 in Politics & Government ➔ Law & Ethics
When I say the same crime I mean THE EXACT SAME CRIME. I understand that you can be charged with gun possession and armed robbery, this however, is not the case, This is THE EXACT SAME CRIME.
2007-07-19 06:59:51 · update #1
You can be charged, in the alternative.
Meaning, that if one charge is not proven at trial, the other still could be. You cannot be convicted of both, and cannot be sentenced separately for both.
Double jeopardy only prevents against two convictions, or two sentences -- or coming back after an acquital with the lesser included charge.
But complaints in the alternative are common where the prosecution is not sure exactly how the evidence will unfold.
2007-07-19 06:34:21 · answer #1 · answered by coragryph 7 · 1⤊ 1⤋
Double jeopardy is when you try a person two different times for the same crime. Prosecutors can bring up different charges for the same crime in one trial. For example, if I rob a liquor store at gunpoint and shoot the clerk behind the counter, I can be brought up on armed robbery, attempted murder, and maybe some more minor infractions, like parking in an illegal zone while I commit the robbery.
2007-07-19 13:36:30 · answer #2 · answered by TheOrange Evil 7 · 0⤊ 0⤋
You can only be charged for a crime once. If there is a crime that is a felony and another related charge of a misdemeanor there are 2 seperate charges. Double jeopardy is being charged for the same crime multiple times.
2007-07-19 13:36:51 · answer #3 · answered by Coach 6 · 1⤊ 1⤋
While it is true that you can be charged with a crime once, the same action can be called many things, and can be charged with all of the names they can find to give it..
If you take a pee behind the dumpster, you might be charged with indecent exposure, tresspassing, littering, disorderly conduct, disposing of substance improperly, and on and on...so one small action could sound like the biggest criminal on earth.... typicaly they charge you with 4-5 so that you agree to a plea bargain of 1-2 and they dont have to waste time triing the case.
2007-07-19 13:42:09 · answer #4 · answered by Joel 3 · 0⤊ 0⤋
It's possible for them to enhance the original charge to a felony.
2007-07-19 14:16:01 · answer #5 · answered by lillllbit 6 · 0⤊ 0⤋
If here are two different laws, you can be charged on both. Similarly, if there are both federal and state laws gainst something, you could be brought up on charges by the state and by the federal government.
2007-07-19 13:37:45 · answer #6 · answered by Michael C 7 · 0⤊ 0⤋