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phoog
phoog
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Can double-jeopardy jeopardy be circumvented by something other than the separate sovereigns doctrine?

It has been answered here that using the separate sovereigns doctrine, the same person can be convicted (or at least tried) twice for the same offense or crime, in the united statesUnited States. Is there another way to do that  ?

For example, say the circumstances surrounding a crime are blurred enough so that it's unsure whether it's a murder or an involuntary manslaughter. Let's assume the absence of dual jurisdictions.

Given that a murder and an involuntary manslaughter are two different offenses, could a jury be asked to adjudicate on both counts  ? Could it find the defendant guilty of both  ? Could the DA even accuse the defendant of both during the same trial  ? What about in different trials  ? And what about murder and attempted murder  ?

If the answer to the previous questions is no, why is it possible between murder and "conduct unbecoming of an officer of the military" (or something), as depicted in the movie A Few Good Men, or between murder and mutiny, as presented in this question, but not between these two specific crimes  ? Where do you draw the boundary  ? Is there a nominal criteria criterion?

Can double-jeopardy be circumvented by something other than the separate sovereigns doctrine?

It has been answered here that using the separate sovereigns doctrine, the same person can be convicted (or at least tried) twice for the same offense or crime, in the united states. Is there another way to do that  ?

For example, say the circumstances surrounding a crime are blurred enough so that it's unsure whether it's a murder or an involuntary manslaughter. Let's assume the absence of dual jurisdictions.

Given that a murder and an involuntary manslaughter are two different offenses, could a jury be asked to adjudicate on both counts  ? Could it find the defendant guilty of both  ? Could the DA even accuse the defendant of both during the same trial  ? What about in different trials  ? And what about murder and attempted murder  ?

If the answer to the previous questions is no, why is it possible between murder and "conduct unbecoming of an officer of the military" (or something), as depicted in the movie A Few Good Men, or between murder and mutiny, as presented in this question, but not between these two specific crimes  ? Where do you draw the boundary  ? Is there a nominal criteria ?

Can double jeopardy be circumvented by something other than the separate sovereigns doctrine?

It has been answered here that using the separate sovereigns doctrine, the same person can be convicted (or at least tried) twice for the same offense or crime, in the United States. Is there another way to do that?

For example, say the circumstances surrounding a crime are blurred enough so that it's unsure whether it's a murder or an involuntary manslaughter. Let's assume the absence of dual jurisdictions.

Given that a murder and an involuntary manslaughter are two different offenses, could a jury be asked to adjudicate on both counts? Could it find the defendant guilty of both? Could the DA even accuse the defendant of both during the same trial? What about in different trials? And what about murder and attempted murder?

If the answer to the previous questions is no, why is it possible between murder and "conduct unbecoming of an officer of the military" (or something), as depicted in the movie A Few Good Men, or between murder and mutiny, as presented in this question, but not between these two specific crimes? Where do you draw the boundary? Is there a nominal criterion?

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Gouvernathor
Gouvernathor
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Can double-jeopardy be circumvented by something other than the separate sovereigns doctrine?

It has been answered here that using the separate sovereigns doctrine, the same person can be convicted (or at least tried) twice for the same offense or crime, in the united states. Is there another way to do that ?

For example, say the circumstances surrounding a crime are blurred enough so that it's unsure whether it's a murder or an involuntary manslaughter. Let's assume the absence of dual jurisdictions.

Given that a murder and an involuntary manslaughter are two different offenses, could a jury be asked to adjudicate on both counts ? Could it find the defendant guilty of both ? Could the DA even accuse the defendant of both during the same trial ? What about in different trials ? And what about murder and attempted murder ?

If the answer to the previous questions is no, why is it possible between murder and "conduct unbecoming of an officer of the military" (or something), as depicted in the movie A Few Good Men, or between murder and mutiny, as presented in this question, but not between these two specific crimes ? Where do you draw the boundary ? Is there a nominal criteria ?