I'm a little bit confused about the 5th amendment (double jeopardy).
Let's say that someone was tried and acquitted of murder, but some time later new evidence was discovered that may prove the suspect guilty. Can they, or can they not be re-tried for that same murder?
2007-12-29 16:27:14 · 12 answers · asked by Crazyjester9 6 in Politics & Government ➔ Law & Ethics
They cannot.
Once tried and acquitted, a suspect cannot be tried again for the same crime.
2007-12-29 16:30:08 · answer #1 · answered by Stuart 7 · 1⤊ 0⤋
The admendment says no, but lawyer and judges are creative.
Remember when the cops got off for state level excessive force against a minority a few years ago, but the feds brought them up on some racially related charges.
I can imagine someone being charged with 1st degree murder and being acquitted but then being charged with second degree murder or kidnapping when new, almost undeniable evidence is discovered.
Or if the aquitted of the crime but is later charged with someother crime, the system may find a way to give them the maximum sentence to unlawfully punish the person who was previously aquitted of a totally different crime.
Take OJ Simpson for instance, do you think that if he is convicted of his latest antics involving breaking the law, that the justice system is not going to take a wack at making him pay for the murders he was aquitted of.
Through the looking glass Alice.....
2007-12-29 16:38:48 · answer #2 · answered by rorzzz09192007 3 · 0⤊ 0⤋
Under some circumstances:
If a murder took place inside a national park, it could be tried seperately by the federal and state jurisdictions. Even if one of the jurisdictions found the defendant "Not Guilty".
A kidnapping that crosses state lines can be tried by both states and the federal government, seperately, as well.
What can't happen is that the same state cannot twice try someone for the same crime.
2007-12-29 16:49:20 · answer #3 · answered by carterchas 4 · 0⤊ 0⤋
They CANNOT be re-tried for murder, as they've already been acquitted. This DOESN'T, however mean that they can't be charged in civil court for damages.
If you've ever seen the movie (ironically called) "Double Jeopardy", it illustrates my point exactly. The woman was framed for a murder she didn't commit (the scumbag wasn't dead..he just wanted her out of the picture/in jail)..she went to jail, she was let out on parole after serving her time..PROVED he wasn't dead and then killed him. She did her time for "murdering" him already...so she can't be charged with murder again because (in the eyes of the court) her being sentenced for it in the past means she DID murder him..and that he was, indeed, dead. You can't re-kill a "dead" person.
Sorry to confuse you.
2007-12-29 16:45:06 · answer #4 · answered by :-) 6 · 0⤊ 0⤋
You only get one bite at the apple, as they say.
The burden of proof is on the prosecution. If they go to trial, and don't meet the burden in the eyes of the jury, then they don't get to say "oops, maybe next time I will do better or get luckier".
As for the earlier poster, if OJ is convicted of the new charges, he will be sentenced for those charges only. the charges are much less serious, and not even in the same state as the charges for which he was acquitted.
2007-12-29 17:42:51 · answer #5 · answered by Barry C 6 · 0⤊ 0⤋
Even though OJ was found not guilty, he really did it, but he can never be tried for the double murders again.
2007-12-29 16:31:49 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No, they can't. The suspect can stand up after the not guilty verdict and say he did it, and there's still nothing anybody can do.
2007-12-29 16:30:19 · answer #7 · answered by Lorraine H 5 · 0⤊ 0⤋
no they carnt. basically it says that you can not be charged for the same crime twice.
an example is if someone is tried for attempted murder and the person later dies the charges can not be updated and they can only be charged with attempted murder.
2007-12-29 16:29:17 · answer #8 · answered by Anonymous · 0⤊ 2⤋
a person can´t be convicted for the same crime twice, however if he was absolved and then new evidence is found he can be re-tried, obviously a good lawyer will go for anulation of the trial on base of the first verdict
2007-12-29 16:30:51 · answer #9 · answered by I'm a brain in a Jar 3 · 1⤊ 3⤋
no they can't be retried for the same murder, but they can be tried for a different crime
2007-12-29 16:30:00 · answer #10 · answered by Andy 2 · 2⤊ 0⤋