If someone fakes their own death, and you got found guily of murdering that person, -?

Question

if you served the sentence, got released then found the person who faked their death and then you killed them would you get sent to prison again even though you have served your time for the crime ?

(my boyfrend was at work and they was discussing it so i said i would ask on here) and i hope it makes sense

Answer 1

These would be two separate crimes on two different dates, so double jeopardy would not apply.  If you robbed the guy twice, you could be charged and tried for each robbery.  Likewise with the murder.  In your defense at the second murder trial, however, you could produce the death certificate or other evidence that was used to convict you the first time, arguing that you could not have killed the dude the second time because he was already dead from the first time.

Answer 2

Rent the movie "Double Jeopardy" with Ashley Judd.  The plot is exactly like what you propose in your question.  Double jeopardy is the rule that states that you cannot be convicted twice for the same crime.  In this scenario, the person was declared legally dead, even though a body was not found, and the suspect wife pled guilty  (even though he faked his death) to avoid a life sentence and was released after 6 years.

Answer 3

no,it's called Double Jeporady.look at that book OJ simpson recently wrote.one of the chapters is "How I did it".And for sure he DID it.But he was found not guilty and that's that.in the scenario you're presenting,rent the movie "Double Jeporady" with ashley judd and tommy lee jones.It's the perfect movie for your question and a great movie too.

Answer 4

Never thought about it however you simply cannot be punished twice for the same crime (unless you're a police officer, or Republican). Very interesting.

Answer 5

Yes.

Contrary to what others have said here, you can be tried twice under The Criminal Justice Act 2003 when, "new and compelling evidence", exists.

http://en.wikipedia.org/wiki/Criminal_Ju...

Murdering someone for real and - with the existence of DNA or other forensic evidence - presents, "new and compelling evidence", don't you think!

***EDIT***

And in English law, you don't need a body to prove murder.

Answer 6

Yes but the first "murder"  would be in legal jargon be pardoned and he woul get some compo but hewould have to serve a sentence again

Answer 7

I know in movies they show that you can kill the person for real because of the double jeopardy thing, can't be tried for the same crime twice...but does it work quite like that in real life?  I'm not sure.

Answer 8

If the person had created a new identity, and moved away, then they would technically not be the same person, and so you could be convicted again.

They are indeed 2 different crimes as another posted said, but you could expct to have the original prosecution anulled.

But if you lived in England then chances are that you would never have gone to jail in the first place you would have had a community order.

Answer 9

Good question. I think you can only be charged for murder if a body has been found, then a death certificate can be produced.

But least say hypothetically, a person has been found guilty of murder (even though the person isn't dead), and they serve a sentence. Then they kill this person when the sentence is served, they cannot be charged for the crime again, as it is double jeopardy.

Answer 10

The first offence would to be of "Perverting the law" and the second, would be murder.

Answer 11

I'm not sure, I don't think so!

Answer 12

I do not know but I will give you a star for at least posting an interesting question!

Answer 13

Double Jeopardy watch the movie

if someone is declared dead and you were convicted of killing them you can legally break out of prison and kill them

Answer 14

No you can't be done twice for the same crime.

Answer 15

i wouldn't want to murder anyone in cold blood... but yes you could murder that person and get away with it. in legal terms.

Answer 16

it's called double jeopardy...no you would not get sent to prison...you could gut this person on camera and walk!!!

Answer 17

I think you would be given a Royal Pardon for the first conviction and then sent to prison for the actual murder