Questions tagged [double-jeopardy]

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35
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4answers
8k views

Could double jeopardy protect a murderer who bribed the judge and jury to be declared not guilty?

Assume the following hypothetical case: a well-known multi-billionaire is holding an event with lots of invitees, (so there is no doubt about his identity), then in front of many witnesses and live ...
20
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3answers
9k views

Could Derek Chauvin be retried?

Given Maxine Water's "abhorrent" conduct in Minneapolis (the judge's word, not mine) and the subsequent guilty verdict against Derek Chauvin, appeal(s) seem a virtual certainty. If a ...
19
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4answers
10k views

If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?

Lets say that I commit a crime in which the USA and another country both have jurisdiction. As an example I, a US citizen, kill Bob, a citizen of country X, while we're located in Antartica. ...
12
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1answer
1k views

Are charges subject to Double jeopardy if they have been pleaded out of?

Person C was charged with crimes A and B. Person C pled guilty to crime A, as part of a plea bargain with prosecution, in exchange for dropping charges on crime B. Executive branch (state or federal, ...
9
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3answers
9k views

Can “Double Jeopardy” be a loophole for murder?

Hypothetical facts: A is tried and acquitted for the murder of B. B was only presumed dead but was actually alive. After being acquitted for Bs murder, A actually murders B. A is later arrested and ...
9
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3answers
2k views

What prevents someone from claiming to be the murderer in order to get the real murderer off?

Say someone is on trial for a murder they committed. During the trial, one of the witnesses, a friend of the defendant, admits that it was actually they who were the killer. It seems that this would ...
9
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1answer
3k views

Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
8
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2answers
2k views

Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Lets say I just killed Bob (I'm doing a lot of that today). The police suspect me but currently have little evidence that I killed Bob. However, I haven't hidden the murder weapon and body well and ...
8
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3answers
374 views

Pseudo-double jeopardy in the US?

Long story short: If you plead guilty to a charge from some specific state (say Alaska) and accept a plea bargain in exchange, can the federal government then come in and charge you separately for ...
4
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2answers
1k views

How could a mistrial trigger double jeopardy in the O.J. Simpson murder trial?

The People v. O.J. Simpson is a series telling how this famous trial went. In the 9th episode, after Judge Lance Ito states that another judge should determine if the case can remain before this court ...
4
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3answers
6k views

Is the interpretation of Double Jeopardy realistic in the movie Fracture?

Related question Based on a discussion in this comment thread. In the movie Fracture, a man shoots his wife. She ends up in a coma. Meanwhile, the man gets charged with attempted murder. Due to a ...
3
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2answers
383 views

Why does double jeopardy apply even when the acquittal was due to insufficiency of evidence?

In the United States, the Double Jeopardy Clause of the U.S. constitution has been held to prohibit retrying a person for a crime they were previously acquitted of, even if the acquittal was merely ...
3
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2answers
207 views

Double jeopardy

Now that it has been reported that all charges against jussie Smollett will be dropped, does the federal government have the right to charge him on their own? Also, if it is found that there was ...
3
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2answers
461 views

What is the maximum number of times someone could be tried for a single crime in the USA?

So I know that, despite double jeopardy, it's possible to be tried twice for the same crime, by the state and the federal government. Purely as an act of curiosity I'm wondering how many times one ...
3
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1answer
119 views

How do murder charges work? [duplicate]

In the recent trial of former officer Derek Chauvin, today he was found guilty on all charges. Those charges include: Murder in the Second Degree (Murder 2) Murder in the Third Degree (Murder 3) ...
3
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1answer
111 views

Dual sovereignty: Which sentence takes precedence?

If one is tried for the same offense in both state and federal court, and is convicted in both cases, then which sentence is enacted first? For example, Dylann Roof got multiple life sentences at the ...
2
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2answers
142 views

Is the following a form of “jury nullification” and if so can it be overturned legally?

Regarding the O.J. Simpson trial, an (African American) commentator said something like, "O.J. was guilty of murder, but it also appeared that he was being framed (by e.g. Mark Fuhrman), and ...
2
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2answers
178 views

Does double jeopardy protect a suspect from the consequences of admitting guilt after being declared not guilty?

I heard an anecdote of a suspect having just been declared "not guilty" due to insufficient evidence, then he said "thanks, I won't do it again". It was used as an example of how ...
2
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1answer
167 views

Why don't Habitual Offender Laws violate rule against double jeopardy?

Some countries have rules against double jeopardy, yet the same countries also may have rules stipulating more severe punishment to habitual offenders (or practice less severe punishment if the ...
2
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2answers
167 views

Does Double Jeopardy apply to civil cases?

Once upon a time I was issued TWO citations for the same instance of illegally parking my car. One citation came from the property owner (it was a private pay-to-park lot), and the other came from the ...
2
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1answer
55 views

What is the opposite of “lesser included offence”?

If someone is charged with murder, but acquitted at trial, they can't be later charged with manslaughter, because it's a lesser included offense. The opposite isn't true, though. If someone is accused ...
2
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0answers
54 views

In the US has anyone ever been prosecuted on the state/federal level after being pardoned on the other level?

As I understand it, assuming that an individual's actions violated both state and federal laws, there is nothing legally preventing a state for prosecuting an individual for the crime after the ...
1
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1answer
68 views

Double jeopardy and similar crimes

Suppose person A murders person B and is charged and tried for premeditated murder. If the jury finds them innocent of that charge, can the prosecutor then try them for, say, voluntary manslaughter? ...
1
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1answer
272 views

Could I create doubt of a crime by having multuple people suggest, but not actually claim, that they were the murderer?

Let's say hypothetically I'm a member of some gang and just killed a member of a rival gang. I've been accused of murder and taken to trail. My fellow gang members want to help me get off, but not ...
1
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2answers
437 views

When is a trial considered to have happened vis-a-vis double jeopardy?

When is a trial considered to have happened vis-a-vis double jeopardy? In other words, at one point is a person considered to be tried for an offense and cannot be tried again? At the arraignment or ...
1
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1answer
89 views

Historical examples of retrial for longer prison sentences? [closed]

I've asked this question on the History SE, which resulted in some members commenting it might be better suited on the Law SE. Today I've read in 'Journey into the Whirlwind' by Eugenia Ginzburg, ...
1
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1answer
125 views

Can Canadian judges set aside a jury's verdict of acquittal?

Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S. I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
0
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3answers
168 views

Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
0
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1answer
124 views

Does double jeopardy apply for different charges of the same case? [duplicate]

Lets say there is a serial killer who sexually assaults their victims before killing them. For the sake of argument, lets say prosecutors fail to successfully charge them with murder the first time ...
0
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1answer
152 views

Does the U.S. Fifth Amendment prevent one from being tried again for the same crime?

I have a question about the Fifth Amendment. Imagine I committed a crime but I was acquitted at trial. After some time, some new evidence came up showing that I did do it. Does the Fifth Amendment say ...
-3
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2answers
162 views

An enigma regarding double jeopardy laws [duplicate]

I am currently debating this with my friend. So in a hypothetical situation, Person A was falsely accused of a horrible crime, like say, rape or murder. However, Person A was found guilty anyway ...