Legal Question in Criminal Law in New York

Wrongfully imprisoned inmate kills inmate killing over looked

Hi, I'm a high school teacher, teaching criminal justice, one of my students posed a question regarding this (says that he heard it on the news and I can't confirm):

If a person is put in prison wrongfully accused of a crime and while imprisoned kills another prisoner would that crime be over looked because he was imprisoned wrongfully to begin with?

Any help case law, etc would be great, thanks.


Asked on 10/17/02, 5:47 pm

3 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: Wrongfully imprisoned inmate kills inmate killing over looked

Your student's question can be, and has always been capable of being, answered definitively. That is, the answer to the question posed is, No. The second murder, concededly committed with the requisite state of mind, is a serious crime, and cannot be overlooked, period.

for more info, E-mail: [email protected] -or- Call Mr. Kats at 718-273-6229.

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Answered on 10/17/02, 8:24 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Wrongfully imprisoned inmate kills inmate killing over looked

Murder is murder. The circumstances, however, surrounding the murderer's incarceration could go to reduce the sentence imposed. Additionally, it is not inconceivable that a jury could acquit, but that would be done in contravention of the law. This is known as "jury nullification."

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Answered on 10/21/02, 9:29 am
Raymond David Marquez R. David Marquez, P.C.

Re: Wrongfully imprisoned inmate kills inmate killing over looked

The short answer to the question of whether a wrongfully imprisoned person gets a pass on a murder committed in jail is, NO. The fact that a person commits a capital crime while doing time when wrongfully jailed is not a mitigating circumstance.

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Answered on 10/20/02, 2:45 pm


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