I just did 20 years in prison for killing someone, I found out that person isn't really dead, can I kill him?

xmy4sentsx

Better yet, sue the state for wrongfully putting you in prison. You might get a nice chunk of change.

coragryph

It's a classic law school question, and the plot behind the movie Double Jeopardy.

The technical answer is that a person cannot be convicted twice for the same crime as a result of the same single criminal action. So, if someone was already convicted of murdering a person, they cannot be convicted a second time of murdering the same person.

In practice, there are so many legal loopholes that can be used to deal with this situation, the prosecutor will find a way to punish the second crime.

But that doesn't mean you can't try to use the discovery that this supposed victim was alive as grounds for a new appeal. Consult an attorney for that option.

sara_busa

Yep, it would be considered double jeopardy to retry you.

Better idea: take proof that he's alive to the court, and force them to pay your restitution for the time you spent. Yeah, money.

Uncle Tim

Gee, this sounds like a movie plot... oh wait! It IS a movie plot. Go rent Double Jeopardy.

Mickey Blue Eyes

yes you can kill him... the law says that you cant be tried for the same crime twice...which means that since you are already considered guilty for this crime you could kill him without being tried again...that doesnt mean you should though...i know i couldnt live with the fact that i killed somebody

Tim B

You can't be convicted of the same crime twice. Sue the hell out of the state.

Miss_Behavin98

Ethically and morally NO
However if you are asking if you can be convicted and go back to prison for killing this person who you were convicted of killing 20 years ago. The answer would be no, double jeopardy
If I were you I would contact a lawyer and provide proof that this person is still alive. Most likely you will receive some sort of compensation.

ETxYellowRose

I think I would just make him WISH he were dead for what he did to you. But seriously what you should do is appeal the conviction and get it over turned, get a pardon whatever it takes to have this conviction taken off your record.

If you literally kill the man then the police will find some kind of loophole and convict you of something. Then you just spend more time in prison.
That is why I said.......find him off some where by himself and just make him WISH he were dead........lol

zclifton2

I understand the double jeopardy deal in that you can not be tried twice for the same crime, but if you kill him now, it would not be considered the same crime. That law was passed to protect someone for actually being tired and convicted but sentenced say a light sentice of like two to ten years.
If some other folks thought that was to light a sentence they could try and find another court or judge to take the case and tire again with the plan to make the penalty tougher.
But there are a number of different ways this could happen, but the main idea is to keep others courts and jurisdictions from retiring the same case. It was a law to protect the court more than protect the accused.
But if the accual person is still alive then the law wants to know who is dead. Also, you were an innocent man and I think there should be compensation for your lost twenty years.
I don't know if that compensation is possible, say counseling, health care food stamps, educational opportunity and so on seem your right to have. Good luck.

Jesuslovesyou!

No... That would be considred murder still. You probably would do at least 20, maybe even life.

locksniffer

wasn't that made into a movie? I would think if they don't find the body there shouldn't be a problem.He's already dead , right?

skyeblue

It's called double jeopardy. Why don't you sue the State where you were convicted of the crime and leave the man alone. Is it possible he didn't know when you stood trial for killing him? If you spent 20 years in prison for killing a man, didn't the State Prosecutor have a habius corpus? Didn't they have positive identification? How could you be prosecuted? I'd certainly get myself a very good homicide attorney and sue the pants off of them.........

you've already done the time - double jeopardy applies although a creative prosecutor could probably put conspiracy charges or something similar into indictment and proceed on a different track.

Geneva

But, you know if they got you in prison for doing what you didn't do, I'm sure they'd find some way to get you in prison for now being guilty. But, then again it's the same crime. Ok, but, that might not be a good idea, would you really want to, would that make you feel good? 'cause it might last a while but, not long enough.

starlet_80

Yes, it's double jeopardy. You cannot be convicted of commiting the same crime twice.

But I would suggest you contact the police and have charges pressed against him. You can sue him and he can also do a lot of jail time. Contact a lawyer to see what your options are.

Killing him will not get your 20 years back. You will only regret it in the long run.

sunflower13pink

You aren't supposed to be tried for the same crime twice.

Xena

Probably. Now you can prove that you were innocent. At least get it off your record and have a public apology.

Steph

I think it is true. I think it's called double jeopardy. There was a movie about this type of situation. I don't condone killing someone. However, you cannot be convicted of murdering someone twice.
p.s. I vote for the restitution idea! money!

txcowgirl

technically you can and get away with it because of the whole double jeopardy thing. but morally, do you really want to?

?oke__Smo?|?

do your own homework

StaffSergeant C

If this is not just a troll question and you really were convicted of murdering this person in the past......

Yes, you can be convicted of murder if you go out and kill this person now. While it is true that you can not be tried twice for the same offense, it is technically not the same offense. In your first trial you were convicted of murdering a particular person at a particular time and place (or at least a timeframe). Now, 20 years later, you would be committing a NEW CRIME and therefore WOULD be tried for the commission of that crime.

This is a classic law question that can really get people wrapped up in the "double jeopardy" discussion but the key is that you can not be tried for the SAME CRIME more than once. That said, can you recall any of the incidents where someone was found NOT GUILTY and then the prosecution turned around and at a later date retried the same person for the same crime BUT USED ENTIRELY NEW EVIDENCE? It can and has been done and the evidence used against you in a trial for murdering someone 20 years after you were convicted of murdering them would, by default, be entirely new evidence as it did not exist at the time of the original trial.

And then there is always the Federal "civil rights" violation charges which the Feds can toss on you after you're tried for the crime. You know, the ones they use when a criminal trial produces a politically incorrect verdit (because of the EVIDENCE) and then the Feds step in with their trumped up "civil rights" violation charges to hammer you so the masses will stop rioting. You remember the Rodney King case. Several of the officers (I think it was 4) were found not guilty of a bunch of charges at trial and the Feds immediately grabbed them up and slapped them with "civil rights" charges to calm the masses.

So YES you can be tried for murder in this case.

I would suggest a better course of action would be to sue the government for wrongfully convicting you. Sue the "deceased" for not having come forward and therefore violating YOUR civil rights. You could end up with a nice chunk of change from teh government and everything that the "deceased" owns now and in the future. Now isn't that much more appealing than another 20 years in the slammer or a needle in the arm?

the wise one

yes you can not be tried for murdering the same person twice, so go and find the son of a ****** ,,torture him senseless, cut of both his legs below the knee,pull his arms off with a tow truck,get your wife to bite his boll ocks off, stick a big banana in his mouth and then if you are really still peeeeed off you could allways turn him into the cops as im sure they would be interested as to where he has been while you have be rootten in the jail, maybe he will end up there himself

,

thanks

free_mason01

I will forward your question to the District Attorney that serves your jurisdiction. These days, even the suggestion can get you in hot water. .I find it hard to believe you spent that much time in prison for a crime you didn't commit. Is this person your attorney? The DA's office may have a question or 2 for you. Dumb question. Not very smart. If you did do 20 years, you shouldn't be too hard to locate. Murder is murder.

shaloonie

According to Hollywood it is called Double Jepoardy, and you can't be convicted of the same crime twice. So, if Double Jepoardy is a true law, then yes you cannot be convicted again.

Bob

you would think it would be double jepardy and you cannot be tried for the same act twice. You better find out exactly what you were tried for the first time... maybe it was attempted murder or something similar and you just happened to get the max sentence.

Jet

Yes (Double Jeopardy laws apply)

True.

matrix15sam

yep, bcuz if u alredy killed him, how could u kill him again right? i can't remember wat its called, but ppl even made a movie about it, it has ashly judd in it........double jepordy...thats wat it was called

Max Power

dont do it, leave him, he already has a terrible life, revenge is sweeter when you know he is self destructing.

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