Can murder acuittal be appealed

Answer 1

Not if they were based on the same actions or occurance. Double jeopardy shields the defendant from being charged for the SAME offense committed against the SAME victim.

See Blockburger, the standard for double jeopardy: "The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not." Attempted murder does not require proof of an additional element. To the contrary, it is known as a lesser included offense. Therefore, once a person is found not guilty of murder, a charge of attempted murder can not be brought.

If the defendant was subsequently acquitted of THAT murder charge, it stands to reason that any subsequent charge of ATTEMPTED Murder would have to be in a separate offense committed against another victim.

(e.g.: A defendant commits a crime involving two victims, [SAME EVENT but different victims - one survived - one didn't]. The defendant is charged and tried SEPARATELY for each victim. They could conceivably be acquitted of the murder of the first victim, but then charged with the ATTEMPTED Murder of the surviving second victim.)

Being acquitted once of a murder charge will not insulate you from any subsequent charges involving a different victim.

Answer 2

Due to the 'double jeopardy' law* an aquittal is usually the end of the road for prosecutors hoping to obtain some justice for the victim and their families. There are very rare cases where a second trial was allowed. In the particular case I'm refering to, the murder victim was killed on federal land. The first trial ended in an aquittal which was tried by the local prosecutor. But that small 'loophole' allowed a second 'federal' trial. The suspect was convicted the second time around.

Another similar situation is the Jeffrey McDonald case. His pregnant wife and two small daughters were murdered in their home located on a military base. McDonald also sustained injuries, nothing like what his family endured. After years of investigation and court proceedings that could fill a large warehouse McDonald was finally found guilty and remains in prison in California. The good doctor's version of the crimes, long-haired hippies on an acid trip, brutally murdered his wife and daughters for no appearent reason but only 'roughed him up a little' was rejected by the jury. The case drug out for more than a decade, first investigated by military police.

*Double jeopardy restricts further proceedings for a person that has been tried and aquitted by a jury of his/her peers. It does not apply to a 'hung jury' or dismissile due to lack of evidence. In those circumstances a new trial may be sought by a prosecutor.

Additional: Another renowned example: The O.J. Simpson case. He was found not guilty at his criminal trial but was successfully sued in civil court for "causing wrongful death." So, although he was not tried twice on the same charges, he was nonetheless found guilty. Only the penalty was different.