Lets say if someone was tried for murder, but no body was found. If the case is strong enough it can go to trial. The Jury then finds him not guilty. Lets say five years down the line, the missing person comes back and it appears that he was never murder. Then the person that was already tried for his crime really kills him for real, like poising him or something. He can't legally be charged with killing him because he was already tried for killing them and can't be tried for the same crime twice.
2007-12-04 17:07:25 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Double Jeopardy Law & Legal Definition
Related to Double Jeopardy
Double jeopardy refers to a person being tried again for the same offense after being acquitted. Double jeopardy is prohibited by the Fifth Amendment to the U.S. Constitution, which states: "…nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb…".
The Fifth Amendment's Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense. However, if charges are brought by independently by state and federal governments, it has been found not to violate the Double Jeopardy Clause.
2007-12-04 17:21:08 · answer #1 · answered by Anonymous · 4⤊ 0⤋
It's not the same crime. There was never a crime committed the first time. And if it was possible to murder someone twice, it still would not be the same crime cause it was a different event.
2007-12-05 01:14:54 · answer #2 · answered by doglover 5 · 0⤊ 0⤋
Don't quote me, but I believe it is you can't be tried for the SAME murder twice. Getting tried for him dying five years ago, then poisioning him are two different things. I think so anyway.
2007-12-05 01:16:08 · answer #3 · answered by Jay C 1 · 1⤊ 0⤋
That's not double jeopardy, it was two different crimes. (Whatever Wynona Ryders cell mate may have told her in the movie)
Richard
2007-12-05 01:15:40 · answer #4 · answered by rickinnocal 7 · 1⤊ 1⤋
not same crime. different time different place
2007-12-05 01:11:44 · answer #5 · answered by qb 4 · 1⤊ 0⤋
nope that it they were found not guilty sorry.
2007-12-05 01:15:27 · answer #6 · answered by mjpiccone 1 · 0⤊ 0⤋