posted on October 23, 2003 10:20:07 PM new
A show on A&E tonite, posed the question "what should be done with a person that's been acquited of murder, only to be found later to be guilty, proof positive?".
Of course you can't with double jeopardy, but should anything be done?
posted on October 24, 2003 04:52:37 AM new
You answered your own question, we have "double jeopardy" in this country and nothing can or should be done... they got away with it.
If the courts couldn't convict the first time, we don't want to get into an endless loop of trials for anything "new" that might come out.
posted on October 24, 2003 06:01:42 AM new
Double jeopardy can be skirted sometimes...
When there is a conflict between federal and state jurisdiction, it's possible. The Supreme Court ruled that when the federal government and a state government bring prosecutions people can be prosecuted for the same offence.
...Imagine you are a defendant, indicted by the state for murder. You go to trial and you get acquitted -- arguing that your whole "scheme" was just a practical joke on your spouse, with the horrible irony that your spouse died of a heart attack that same day. In fact, this is true -- and fortunately for you, the jury is convinced of it.
That day, you get home, elated from your acquittal, and your attorney receives a criminal indictment. The federal government is charging you with murder-for-hire under the federal statute. Can you invoke the Double Jeopardy Clause? Absolutely not. (You may be able to invoke a separate Double Jeopardy statute, but not necessarily.)
So having mortgaged your home to clear yourself, you'll now have to try for a second mortgage. Meanwhile, you will be facing prosecutors who are already familiar with your case -- they can simply get the trial transcript from their helpful state counterparts, or from the court.
At the same time, you also may face a third suit in the future -- a civil suit from your spouse's relatives, who still do not believe the death was accidental. No one's going to give you a third mortgage, so you're pretty much financially ruined.
posted on October 24, 2003 12:50:37 PM new
In this case, there was no legal way to try this man again. He was acquitted of murdering his fiance, then a film container was found, in the house he used to live in, where he filmed her sadistic murder (she was trying to break up with him). Of course, he confessed but he's free.
