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To: Mr. K

No.

It would be double jeopardy as it would be charging a crime from the same set of operative facts.

Furthermore, using it as a defense isn’t an admission unless she were to take the stand and say so.


15 posted on 07/05/2011 5:29:40 PM PDT by RIghtwardHo
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To: RIghtwardHo

doubvle jeopardy is when you cannot be tried AGAIN for the SAME offense

She was not charged with tampering with a body...

So that is my question- can she be?


23 posted on 07/05/2011 5:32:20 PM PDT by Mr. K (CAPSLOCK! -Unleash the fury! [Palin/Bachman 2012- unbeatable ticket])
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To: RIghtwardHo
It would be double jeopardy as it would be charging a crime from the same set of operative facts.

I believe the determinant for double jeopardy is similarity of charge, not operative facts. Otherwise the system could be easily subverted simply by filing wildly inapplicable charges and gaining acquital, and thus indemnification against appropriate charges. Think murder charges for theft, for example - you'd get acquited for murder, and be protected from being charged for theft, even though the evidence would convict you of theft.

AFAIK, the court would have to approve new charges after reviewing them for substantive difference from the previous charges. This is usually justified by the introduction of new evidence, but prosecutorial misconduct could suffice just as well.

Which is interesting, because the Casey Anthony prosecutor just resigned - effective immediately.

33 posted on 07/05/2011 5:42:32 PM PDT by Talisker (History will show the Illuminati won the ultimate Darwin Award.)
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