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Discussion » Statements » Rosie's Corner » Double jeopardy. Not happening. You cannot be charged for the same crime twice, right? So it's possible to get away with murder, right?

Double jeopardy. Not happening. You cannot be charged for the same crime twice, right? So it's possible to get away with murder, right?

If evidence was withheld in the first trial and the verdict was "not guilty" why can't that verdict be overturned and the perpr tried again?

Posted - September 6, 2018

Responses


  • 2217
    Done away with in Scotland in order to use new DNA evidence. 
      September 6, 2018 10:19 AM MDT
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  • 113301
    That is SUPER DUPER Malizz! Apparently DNA evidence can be good for YEARS. Thank you for your reply and Happy Thursday! :)
      September 6, 2018 11:27 AM MDT
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  • 6023
    Not true at all.
    You CAN face "double jeopardy" in America, thanks to federal civil rights laws.
    I know there have been multiple cases since the 1980's where someone was found "not guilty" at the state level - and then tried for the same crime in federal courts and found "guilty".
    (it has been ruled to not violate "double jeopardy" prohibition, because they are separate jurisdictions and laws)

    Given the number of overlapping laws on the books, all the prosecution has to do is file charges under a different law for the same crime.
    Of course, if they "threw the book at" the defendant the first time - they don't have that ability.
    But if they left some possible charges "off the table", then they could have a new trial.
      September 6, 2018 10:51 AM MDT
    1

  • 113301
    You have no idea how happy that makes me Walt! I sit corrected happily! Sometimes being wrong is a joyful thing. This is one of those times. Thank you for your thought and information reply. I appreciate it a lot! :)
      September 6, 2018 11:07 AM MDT
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  • 6023
    It's like how the government couldn't get Capone for racketeering ... but "Hey, where's your tax returns for all that income?"

    LOL
      September 6, 2018 11:22 AM MDT
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