Actually, that’s not quite correct (was a Prosecutor for 25 years). You can not be tried for the same offense OR any lesser included offense arising from the same set of operative facts.
While there is an argument to be made that tampering is not a lesser included ... be assured the Court would likely rule that it is as it arises from the same set of operative facts.
The reason for this is to keep the State from doing something like charging you with First Degree ... losing ... coming back and charging you with Second Degree ... losing ... etc.
Shoot....
but thanks for that excellent explanation
It does make sense
Her parents might be able to file a civil suit against her...for their loss. It might at least bring the truth out.
I blame the prosecutor not the Jury. He wanted a trophy on the wall and did not have the goods for murder1. He probably could have had a conviction on manslaughter or something similar.
Then pray tell me what happened to the officers tried and found not guilty in California in the Rodney King case? They were then tried again, using the same operative facts, for the same "crime" and found guilty. A clear case of double jeopardy, which happens a lot when the Feds, and sometimes State AG's want to make a political point.
Makes sense. Thanks for the info.