Legal Question in Criminal Law in Illinois

Law pertaining to old crimes

If a person was convicted of attempted murder 26 years ago and the v ictim just died, can the person be tried again for murder. If so under what circumstances


Asked on 7/14/04, 3:36 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Law pertaining to old crimes

Greetings! Double jeopardy, or requiring a person to defend against a criminal charge more

than once, is unconstitutional; its against the law. If I had a client who had been convicted

of attempted murder and then 26 years later the

victim dies, I would argue that it would be double jeopardy for my client to be charged again

in connection with this "event" involving this same victim. Since 9/11 the legal profession

has seen an erosion of laws that traditionally

protected our "human rights". In other words,

the laws can be changed based upon Supreme Court

interpretations of cases that come before it. That is why is it so important to have legal representation, whether it be for a traffic ticket, or a major lawsuit. I would be happy

to answer any additional questions that you might have.

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Answered on 7/18/04, 1:22 am


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