Q: Always wondered if you where charged with murder and then found innocent. They can't charge you again right
Couldn't you then kill someone and not get charged because of Double Jeopardy.
And what if the person was missing and they thought you killed them and then they were found couldn't you kill them since Double Jeopardy. And if they did you could sue them for double jeopardy(heard this on a documentary but wanted to confirm with a lawyer)
A:
No.
So, Double Jeopardy applies to the specific act. So, if you were charged with killed Person A who is actually away on vacation, then you are put on trial and convicted for murder of Person A, then person A shows up alive and well so you are released. If you then intently kill person A after you are released it is technically a new crime and so you will still be charged with murder.
Double Jeopardy works like this: If you kill Person B, and are charged with Murder, you go to trial and you win for whatever reason (lets say they could not find the body but thought they (The District Attorney) had enough evidence to convict you anyway but you had Ben Matlock as your defense attorney), then years later they found the body and you left something that basically gives anyway it was you, the District Attorney cannot come back then and charge you with Murder for Person B not but they already did and lost.
Hope this helps.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
