Double Jeopardy

So I understand the law of Double Jeopardy but I want to get it straight as i've just thought of this.

Suppose a person disappears and enough evidence is found that leads to a conviction for first degree murder for an individual accused of this crime. No body has ever been found but this person is sentenced and serves him time.

One day he is released and runs across the person who disappeared in say a coffee shop. According to this law he could get a gun and shoot this person dead in front of the whole place and not be tried for this act.

Or is there a loophole that the State would use to prosecute him again. I know other laws may apply such as endangering other people in the coffee shop but for the actual murder he could not be charged?

reply to post by kro32


He could drop him like a hot potato... This is one of the myriad of reasons why the State likes to have a body before it charges anyone with murder...

reply to post by kro32


They would be charged again for a different crime. It would be easy to argue it was a different act. Maybe use a first degree charge instead of second, or vice versa.

-Lightrule

reply to post by Lightrule


So a second degree murder charge is different than a first degree murder charge? I understand they have different criteria and carry different sentences but don't they both fall under Murder?

reply to post by kro32


Murder is just a name to describe the act when speaking English. Yes those are different charges, they have different punishments as well.

-Lightrule

Why do you ask?...just make sure its not merely a double or his twin brother.

But seriously its an excellent question....but how without a body could someone be convicted unless they confesssed?

Originally posted by Dr Expired
Why do you ask?

...just make sure its not merely a double or his twin brother.

But seriously its an excellent question....but how without a body could someone be convicted unless they confesssed?

There have been convictions on circumstantial evidence but if I were wrongly convicted for a murder and later saw this individual I might think, "hmm".