This is a hard question to word so I am going to say the "man" is sent to Prison for killing the "woman"
If the man is convicted and spends time in prison and it is later found that the woman is alive, and the man goes back to court and is released, would it be illegal for the man to go and actually kill the woman? He was already convicted of the crime, and you can't be tried twice.
2007-10-17 20:24:56 · 14 answers · asked by Jeremiah 2 in Politics & Government ➔ Law & Ethics
actually, in that case.. it would be illegal.. if he went to court to get released, his ruling was overturned.. however, if he were to serve his sentence completely they could NOT legally charge the person again.. for that crime..
However... they could find some other charge.. even a wrongful death suit if nothing else.. it's a tricky situation.. and they will ALWAYS find a way to get someone on some charge.. be it reckless discharge of a gun, assault.. and if they REALLY got desperate.. desecration of a corpse/grave robbing.. (granted the person wasn't really dead, but.. as I said .. this would be an extreme desperation call)
2007-10-17 20:36:42 · answer #1 · answered by kaijawitch 7 · 0⤊ 1⤋
Actually, double jeopardy states that you cannot be tried for the same crime twice unless new evidence comes into play that is crucial to the opposition of the verdict. If he was released because it was found that he did not kill her, then killed her, this would be either opened as a new case (as the last would most likely be considered resolved) or now he would be convicted as guilty again based on the new evidence (namely, the dead woman). Hope this helped!
2007-10-17 20:30:50 · answer #2 · answered by Tai 7 · 0⤊ 0⤋
It would still be illegal, but they could not charge him for the murder. He has already been charged and has already surved time. The law is now that first degree murder is 25 - life in prison, but since he was tried convicted, and served time the only thing that can be done is to find him quilty.
2007-10-17 20:39:12 · answer #3 · answered by bigmama35 3 · 0⤊ 0⤋
in accordance to me, definite.existence is a present from God and no individual has the right to take it away such because the fellow who has it. Plus the very undeniable truth that no remember what occurs, isn't any excuse to remove one's personal existence, as there is no longer something more suitable helpful than existence contained in the finished universe.that is cowardly to commit suicide and by no skill face existence's hurdles. Sorry for the lengthy answer, so definite someone who commits suicide should be charged with homicide, a minimum of in accordance to me! P.S- regardless of in the adventure that they don't happen at courtroom...!
2016-10-21 08:42:25 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Good question... But I'd say yes... it would be illegal. Because he wasn't charged the first time,being as if the woman was alive.. but that only goes to say if the court knew about it...if they didn't... then I'm not sure it would make much of a difference.
2007-10-17 20:28:33 · answer #5 · answered by Anonymous · 0⤊ 1⤋
yeah dork. it would still be illegal for him to get out and kill the woman. It would be premeditated. Everyone get a new charge with a new crime.
2007-10-17 20:28:23 · answer #6 · answered by beachgirl90 7 · 0⤊ 0⤋
The first conviction would be expunged, so double jeopardy wouldn't apply to a subsequent trial.
2007-10-17 22:40:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Under the circumstances, it would not be considered double jeopardy, because the first conviction would be thrown out.
2007-10-17 20:54:17 · answer #8 · answered by CGIV76 7 · 0⤊ 0⤋
Hey, that's almost a Columbo episode. The difference was the guy was found not guilty of murder.
2007-10-17 20:28:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes it's illegal - technically it's not the same crime
2007-10-17 20:27:19 · answer #10 · answered by Weatherman 7 · 1⤊ 0⤋