Legal Question in Criminal Law in California

retried for murder

if you are convicted for murder and that person was not actually killed, and after you serve your sentence you kill that person in a different state can you be tried for that offense even though you were already convicted for murdering that person?


Asked on 2/09/08, 1:09 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: retried for murder

Of course. That you were mistakenly convicted of a murder does not entitle you to go out and kill the supposed victim.

I'll bet you ask this question because you just saw 1999 film "Double Jeopardy". That film's plot is based upon this misconception of the law. The screenwriters either didn't know or didn't care how double jeopardy really works.

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Answered on 2/09/08, 6:10 pm


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