If someone has been acquitted a burglary charge can they be charged with attempted burglary next time in court?

Stig Bubblecard

Just to set the record straight the 'double jeopardy' rule is no longer in use, you can be tried for the same crime as many times as the evidence allows. If there is enough evidence to charge you with attempted burglary you can be committed for trial for that offence.

Ellie

Yes because it's a different offence. The double jeopardy rule that the first poster mentions is the principle that a person can't be tried for the same crime twice. Burglary and attempted burglary are different offences, regardless of whether they are in relation to the same or a different incident. So yes you can be tried twice in relation to the same incident if it is on a different type of charge.

Depends on which state...This would never happen in Federal Court... in most states too, Attempted B would come under the heading of "Lesser included offenses", so the jury "could" have found them guilty on that charge and so the acquittal is across the board.
A trick used in some states like FLA, TEX, or ALA is to charge the heaviest crime first "alone"...if acquitted then the defendant can be recharged on a lesser charge. Is is not federally unconstitutional as the states define the specific crimes and method of providing verdict, therefore the Federal Govt does not have jurisdiction unless it is the EXACT same charge in these states.
Another non-coincidental observation is that those states that use this "Double or Triple" method are those with the highest conviction and death penalty rates.

SimonC

First, lets clarify the "double jeopardy" rule. What this means is that if you have been found not guilty of an offence you cannot be tried again for the same offence, or a similar offence based on the same facts (ie tried for GBH then ABH). Contrary to what another poster has said double jeopardy is still well and truly in place in England.

However, a recent change in the law made it possible to retry for serious offences (murder, rape etc). provided there is compelling new evidence, it is in the public interest and the DPP gives his consent. There are also a few other minor exceptions, such as where the original trial is proved to have been "tainted" by interference with the jury.

You CANNOT simply be tried over and over again on the same evidence for the same offence.

So if a defendant has been aquitted of burglary they cannot be retried for attempted burglary, because it is a similar offence based on the same facts. If the prosecution were unsure about getting a burglary conviction they should have offered attempted burglary as an alternative charge at the original trial.

Scouse

Not unless it was a different matter. I think that we rightly forbid someone being charged twice for the same offence. Double jeopardy is not allowed and I can think of one case in which that is a source of regret but it is also a protection for an honest man. Your suggestion is a little bit to near double jeopardy and the Court would rightly throw it out at an early stage. A way around it would of course be a civil action in damages were the level of proof is a lower one of: on the balance of the evidence. A criminal case is beyond all reasonable doubt.

politicians many of whom are lawyers try to cloud this in debate and on TV discussions. They actually know better than that

prince_henry

your not making sense
why would they go back to court if they have been acquitted ?
if your saying can they charge you with murder then when you get found not guilty can they re-charge you with GBH for the same offence.
no can they hell

Enter Your Message or Comment

User Name:
User Email:
Post a comment: