|
SternSkipper -> RE: OJ to confess to OW (6/24/2011 9:56:28 PM)
|
quote:
We were speaking, specifically, of an ADW charge.
But that would in NO WAY be an appropriate charge. The second the victim stops breathing you prosecute for a capitol crime. It didn't matter to me what the legal fantasy was about.
But it's moot, we're both making moot points... I looked at the fifth amendment and here's the relevant cite:
- A defendant who is found "not guilty" of a more serious charge can not have a second trial on a lesser included offense. For example, if D is found "not guilty" on a charge of felony murder (e.g., incidental killing of someone during the commission of a felony, such as robbery), then D can not be tried for the underlying felony (e.g., robbery).
- The prosecution can not appeal a "not guilty" verdict. Of course, the criminal defendant can appeal a "guilty" verdict and an incarcerated criminal can file a "habeas corpus" writ.
However, it is possible to try a defendant in criminal court and then try the same defendant again in civil court, for the same event. The most common example of such two trials is a criminal prosecution for homicide and then have a second trial for the same defendant for the tort of wrongful death: the most famous example of this situation is the cases of O.J. Simpson. While legal scholars carefully explain the distinction between criminal and civil law, the plain fact is that one can be tried twice for the same event. Another situation in which one can have two trials for the same event is a prosecution under state law (e.g., for assault and battery) in a state court, then a second prosecution in a federal court under federal statute (e.g., civil rights violation).
|
|
|
|
