is double jeopardy fair or not? i think it isnt fair. say a person tries to murder someone, but somehow doesnt succeed. the murderer somehow wins the case and is set free. he can now go back and murder the person he set out to kill in the first place, without any penalty at all if double jeopardy is legal in the state where it happened. basically the end result of that is the person gets away with murder, and theres nothing anyone can do about it.

what do u guys think? should double jeopardy be legal or not?

Well, to be honest, this is a rare occurrence. I can't find one on Lexus-Nexus.

thats not exactly what double jeopardy is. i have the movie and this is what happened:

"Rosa" was convicted of killing her husband "steve"
she got sentenced to prison for however many amount of years

when she gets out of prison she discovers that her husband faked his death and is living in a foreign country with a different name

she's so mad that she wants to kill him

by the law of double jeopardy she can shoot him and not go back to jail. she already was convicted of killing him and served time so, "Rosa" goes free

well obviously not.

i mean if she kills someone, she need s to be restrained. an equal part of the prison system is to protect those on the outside, as welll as to punish the actual wrongdoing. whether or not rosa has served her time for killing stteve, is she's capable of that murder, she needs to be locked up

these are not good definitions of double jepardy.

you cannot be tried twice for the same crime.

means that if you are tried for the murder of john smith, and you're aquitted, you can't be tried a second time. the case is closed.

no i hate double jeopardy. it usually makes things a bigger mess than they were b4. and most of the times the criminal gets free.

???????????????

double jeporday means that once a verdict's been given, the person cannot be tried again for that exact same crime.

the point of it is so that you only have to go on trial once for that crime.

i thought you were talking about the game show...

no, thats not fair, wait, im confused. That first post doesnt make sense... Wait i just read sadolakced acids post, that makes sense. Not the same thing (muder) but mudering the same person. It cant be brought back up again, right? Is that what it is?

DUDE. THAT SITE IS MY LIFE.
that and infotrac

it is a weird concept and i guess it could be fair or unfair. i guess it just depends...

That is incorrect. The first time, he would be charged with ATTEMPTED murder, whereas the second time, he would be charged with actual murder... different crimes.

There's a Law and Order episode about a person who is wrongly convicted of murdering his wife or something, because the police believe the wife is dead. But the wife actually disappeared to frame her husband, and when she resurfaced, the wrongly convicted husband killed her and got away with it.

Stuff like that rarely happens in real life, and since the woman purposely framed the man for killing her, I would say that she deserved it.

Double Jeopardy prevents "video-game justice" where the government can just try the same person for a crime over and over until they finally get a sympathetic jury. With double jeopardy, the prosecutrso and the defense are on an even playing field.

yup, that's it.

I think people get confused, however... the double-jeopardy clause is specific to a T.

Let's say Bob attempts to murder Jane with an M60 assault rifle. If he's acquitted, to be able to murder Jane and get away with it again, he'd have to use the exact same rifle, with the exact same M.O., with pretty much the exact same specifications.

It doesn't mean if Bob's a rapist, and gets acquitted from a rape charge on a little girl that he can run around town porking all the little girls... that would be a very ridiculous notion.

it's specific to the event too.

so an attempted murder on jan 1st and an attempted murder on jan 2nd with everything else the same are still two different crimes.

so do they get double the jail time or something? I'm confused on this whole double jeopardy deal.

no, it's to prevent people being put through courts multiple times to get a preferred verdict.

ya..thats what i thought...

I'm kinda confused or if that's what you're saying. Are you saying that they released that person, the "murderer". But do they know that they are gona kill that person, the same person that he/she couldn't success? Wow that's kinda messed up. And he/she won't get a penalty either? LOL...whoa that's kinda scary.... that's not good though releasing someone who wants to kill somebody and wont get himself/herself a penalty. hukk

No, no, no...

Let's say John Doe is on trial for alledgedly trying to kill Jane Doe on January 8th, 1996. What this means is that if John Doe is acquitted of the attempted murder on January 8th, 1996, he can't be brought back to trial for that attempted murder...

Double jeopardy does not mean that if he tries to kill her again on January 9th, 1996, that he can't be brought back to trial and incarcerated.

D'you understand it, yet? I think it's a very logical institution and should be upheld in our Justice System.

^^

well explained.

just because its the same offense, doesnt make it the same crime