Legal Question in Criminal Law in Pennsylvania

double jeopardy

If a person has been charged with a homicide but, found innocent, by a court of law. Later, (say 10 years or more) he admits to committing the actual crime. Can that same person be retried in the courts for the crime that he had been exonerated from years earlier?


Asked on 6/10/04, 8:13 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: double jeopardy

remember the officers in the rodney king trial? they won in state court and thenwere convicted in federal court. the nature of the crime shifted from assault to civil rights pursuant to federal statute. their attorneys raised the double jeopardy clause of the US Constitution and failed.

so if your subject beat the rap on murder, he can clear his conscience only at the risk of being charged with a federal crime other than murder, for which crime the staute of limitations has not passed.

TAV

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Answered on 6/10/04, 1:50 pm


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