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Two people can be tried for the same case, because they are separate people. Double jeopardy is when the same person is tried twice. So if a person were tried for killing someone and the jury found that person not guilty then new evidence were found that would have put that person behind bars there is nothing that can be done. If the new evidence implicates another person then the new person can be tried for the same thing. That is the purpose of double jeopardy; to prevent innocent people from going to prison. ANSWER While it is not double jeopardy to do this, if the District Attorney knew he was charging two people simultaneously for a crime that the evidence shows was only committed by a single individual, it could be deemed unethical. He is therefore playing Russian roulette with two people's lives. They both could be convicted and sent to prison when only one of them committed it. Do you see what I mean? A trial judge in most districts would not allow this stalking horse trial to get past a preliminary hearing because of the presumption of innocence and the unethical nature of a trial like this. This usually happens with identical twins who may have planned to commit a murder although only one carried it out. One of the twins commits the crime and leaves his DNA at the scene of the crime. Since identical twins have the same DNA, each one can say the other one did it, thus covering for each other. No judge would allow both to be put on trial with that as the only evidence linking one of them to the crime because only one committed the offense. The other is covering for the true suspect; Thus, the perfect crime has just been committed because each one can raise reasonable doubt for the other. Furthermore, double jeopardy was not developed just to protect the innocent from going to prison. It was designed to protect the guilty who have gone to prison and served their time from being retried and put back in prison for the same offense. Suppose a man were charged with DUI. The man paid his fine and spent the few days in jail after being convicted. Should the Prosecution be allowed to charge him with that same offense again and put him back in jail and make him pay more fines? Ummmm...NO! Without Double Jeopardy, those speeding tickets you get, whether you be found guilty or not, will continue to rack fines against you. The Prosecutor could keep filing fines against you for the same ticket---thus DOUBLE JEOPARDY and TRIPLE JEOPARDY and SO ON!
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Does double jeopardy apply if a person has been found guilty of murder?
No it doesn't. A person found not guilty of murder can't be tried again for that same crime a second time under double Jeopardy.However, a person can be granted a new trial, or a re-trial, if they were found guilty but that would not be double jeopardy.
Was Ron Killings a murder?
no he was notAdded: The pro wrestler/Rapper of that name was not charged or found guilty of anything.In February 2010 a police detective in Georgia (of the same name) was found NOT guilty of a crime.The two are NOT the same individual.
How did the eighth admenment protect people found guilty of crime?
if you are found innocent then you cant be tried for the same crime again
Is it possible to be innocent in state court but guilty in federal court?
Yes it is but technically, even though the actions charged are the same the laws charged have to be different. It has happened that a person has been found innocent of a murder in a state court, but later charged with and found guilty of violating or depriving the victim of his/her civil rights by causing the murder. The action is the same, the murder, but the charges are different. This is actually a very fine distinction and not everyone would agree that this is not a violation of the right against double jeopardy.
If a person is found guilty of murder but it is later found that the victim faked his death can the person now kill the victim with impunity because of double jeopardy?
No. Of course not. Double Jeopardy is only applicable to the SAME crime. If he/she kills a person at another time it is another murder.
What is not-guilty?
It means that either the jury (or judge) found you not to be guilty of the offense for which you were arrested - or - the prosecution failed to prove its case against you. Not guilty does NOT mean the same as being found innocent!
Tried twice for the same crime?
Under American law, a person "cannot be tried twice for the same offense"; that is, for the same single incident. If a person is acquitted of murder, that does not mean they cannot be tried for (and convicted of) another murder. (They can also be found guilty of other crimes stemming from the first incident, but they cannot be retried once acquitted.)
Do people accused of murder deserve the same defense as someone charged with drug possession?
(in the US) Absolutely. Under our system of justice the accused is considered innocent until PROVEN guilty.
If the jury acquits the defendant what did they do?
Acquittal means the same as being found "not guilty."
Can a criminal in prison be convicted of murder if already in prison for murder if he kills in the prison?
Yes the person can. The person convicted of the first murder is sentenced to jail time then that murder is done with. If while incarcerated and another murder is occurred then the subject will be go to trial for murder again but not the same person. You are thinking of double jeopardy. This only occurs after someone is tried and found not guilty. At that point the subject can run outside and say he did it with out being able to be tried again.
How is the Three Strikes Law regarding repeat felony offenders not a violation of the Double Jeopardy Clause?
The Three Strikes Law enhances penalties for repeat offenders based on the number of prior convictions, not on the same offense. Double Jeopardy applies to being tried twice for the same offense, while the Three Strikes Law applies to repeat offenses, thus not violating the Double Jeopardy Clause.
If a person is found not guilty of murder in a fair jury trial but new evidence is discovered showing he may have been guilty what clause of the Fifth Amendment would protect him from being retried?
Under the protection against double jeopardy, the defendant cannot be retried for the same crime for which he was found not guilty. He can, however, be charged with other (distinct) crimes committed in the same instance.
