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There's an article in today's news about a woman who pleaded "no contest" to attempted murder in 1985 after allegedly shaking a child and causing him serious injury. In 2019 the child, now grown up, died from those injuries. The woman was indicted and has now pleaded "guilty" to manslaughter.

The Double Jeopardy Clause of the Fifth Amendment to the US Constitution prohibits multiple punishments for the same offense. Since she only committed a single act, I would expect that her 1985 plea and punishment would prevent a second prosecution. Why is that not the case?

Edit: The linked "duplicate" question is about a situation where a person is acquitted at trial but new evidence arose later and they were retried for the same crime. This question is about a situation where a person pleaded to one crime (attempted murder) and was later indicted for a different crime (manslaughter) arising from the same act.

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    @Barmar No, double jeopardy applies when you're tried for a crime. For example, it attaches when a jury is sworn in. Fifth amendment: "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb"
    – user71659
    Commented Aug 21 at 20:34
  • @Barmar So… attempted murder requires proof of intent while manslaughter does not, and manslaughter requires that the victim was killed while attempted murder does not, so each can be prosecuted and punished separately. Is that the idea?
    – Robert
    Commented Aug 21 at 20:50
  • I don't know what the specific details are in this particular case.
    – Barmar
    Commented Aug 21 at 20:54
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    @Robert It's not double jeopardy under the Blockburger test because death of the victim is not an element of attempted murder while death of the victim is an element of manslaughter.
    – ohwilleke
    Commented Aug 21 at 22:18
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    @Robert The second crime has to have an element not found in the first. Manslaughter is not a lesser included offense in attempted murder, it has a separate element.
    – ohwilleke
    Commented Aug 21 at 22:29

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Double jeopardy applies to the same offence, not the same act or omission

Attempted murder and manslaughter are not the same offence.

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    It's not just the same offense, but it also covers lesser and included offenses. For example, you cannot be prosecuted for attempted murder after a prosecution for murder.
    – user71659
    Commented Aug 22 at 1:24
  • If you committed murder, does that not imply there was no attempted murder? I can understand the same act can be battery and attempted murder, but can it be both murder and attempted murder?
    – gnasher729
    Commented Aug 22 at 17:41
  • @gnasher729 manslaughter isn’t murder
    – Dale M ♦
    Commented Aug 22 at 21:09
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    @gnasher729 You could be charged with murder and attempted murder from the same facts at the same time if, for example, you fire a gun at person A intending to kill them, but instead kill person B because you aim sucks. You are guilty of attempted murder as to person A, and murder as to person B (under the doctrine of transferred intent).
    – ohwilleke
    Commented Aug 23 at 20:14

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