0

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?

Improve this question

2 Answers 2

Reset to default
3

Given that a murder and an involuntary manslaughter are two different offenses, could a jury be asked to adjudicate on both counts?

This happens routinely.

Could it find the defendant guilty of both?

Only for certain offenses. See lesser included offense.

Could the DA even accuse the defendant of both during the same trial?

Yes, which is how juries are asked to adjudicate multiple offenses as noted above.

What about in different trials?

All the crimes associated with a given act have to be tried at once. If you've been acquitted of murder in connection with one act, you can't subsequently be tried for involuntary manslaughter for the same act, nor vice versa.

And what about murder and attempted murder?

I don't think it's possible to be tried for an attempt when the crime has been successful; certainly, the opposite is true. But again, if the charges are based on the same act (i.e., we know you tried to kill the victim, and we know someone succeeded, but we don't know whether it was you) then the charges would have to be tried at the same time.

Improve this answer
3
  • 2
    @Gouvernathor It might be possible, as part of the same extended act, to kill one victim and attempt to kill a different victim. In such a case both charges could be brought in the same trial, and the accused could be convicted on both. Similar a person could be charged with killing one victim and assaulting another. Consider a mass-shooting case, for example.
    – David Siegel
    Commented May 11, 2022 at 16:00
  • @phoog is the "lesser included offence" relationship between two offences decided by law, or determined by the judiciary ?
    – Gouvernathor
    Commented Sep 1, 2022 at 12:22
  • 1
    @Gouvernathor a lesser included offense is one for which all of the elements are a subset of the elements in which the offense is included. I don't know the origin of the rule, but because the elements of each offense are well defined, it is fairly straightforward to identify whether one offense is a lesser included offense of another. I suspect that this principle was developed at common law in England and subsequently enacted by statute in modern times, but really that is entirely speculation. Maybe a new question here is in order.
    – phoog
    Commented Sep 1, 2022 at 17:27
0

Perjury (in some cases)

If a defendant takes the stand and testifies that they didn’t do something, and is then acquitted, and it is then proven that they did do it, one method of circumvention is to charge the defendant with perjury (instead of retrying the original charge).

Sentencing for perjury is likely to be less severe than the potential original sentence, but nonetheless perjury can carry long sentences in many states.

Improve this answer
1
  • Additional elements would need to be proved to obtain a perjury conviction. Specifically, it would need to be proved that the accused knowingly lied under oath. In practice this is rarely if ever done.
    – David Siegel
    Commented May 11, 2022 at 16:02

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .