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Posted: 9/10/2004 3:19:07 PM EST
[Last Edit: 9/10/2004 3:36:19 PM EST by Kodiak-AK]
How can they do that isnt that double jepordy?

Some of you may remeber I posted about the first murder in Kodiak in a long time , Well today the front page of the paper is saying they are chargeing the guy with Murder in the 1st degree AND murder in the 2nd degree for shooting the same guy one time .
WTF?
Link Posted: 9/10/2004 3:20:04 PM EST
I dunno what a smae body is. They must have legislation for killing a smae a double offense?
Link Posted: 9/10/2004 3:38:05 PM EST
Sorry Dyslexia kicked in for a second.
Link Posted: 9/10/2004 3:40:03 PM EST
You can't be charged twice for the same crime.

Maybe Second Degree and First Degree are considered two different crimes and it is possible to use this as a loophole in the law. I would think murder is murder whether it is first, second, or third degree.
Link Posted: 9/10/2004 3:50:52 PM EST

Originally Posted By Cypher214:
You can't be charged twice for the same crime.

Maybe Second Degree and First Degree are considered two different crimes and it is possible to use this as a loophole in the law. I would think murder is murder whether it is first, second, or third degree.

Same thing I thought . The paper says.


The count of Second Degree Murder chargeing "Extreme indifference to the value of human life." stems from Brigman's behavior following the shooting,District Attorney Mike Grey indicated .


For what it is worth Grey is a shit head to begin with . I.E. He drags ass on prosecuting anyone in the Coast Guard but jumps all over a townie for the same thing .
Link Posted: 9/10/2004 6:26:30 PM EST
BTW, The law against double jeopardy means if they try someone and they're found not guilty for whatever reason, (crappy prosecutor/weak case) they can NOT thereafter arrest and try the person AGAIN, if they happen to find better evidence, etc.....

Now, that basically only applies in the same type of case (civil/criminal), If I'm not mistaken. You CAN be found not guilty in the criminal proceedings, yet still be found guilty in any civil suit for the same offence..

Think O.J. bastard got off , yet they successfully sued his ass in civil court for loads of money.

Go figure..... Idiots seem to had forgotten that leather (gloves) SHRINK when soaked in water, blood, etc... Still annoys the hell out of me he got off, but I digress...

Anyways, I believe that to be correct, but there are real lawyers here that could probably give you a much better explanation.

JB
Link Posted: 9/10/2004 7:08:14 PM EST
He can be found guilty in either the 1st or 2nd degree based on the facts adduced at trial and the jury's findings regarding the his state of mind (e.g., with premeditation is 1st, w/o is 2nd).
Link Posted: 9/10/2004 7:23:53 PM EST

Originally Posted By Cypher214:
You can't be charged twice for the same crime.

Maybe Second Degree and First Degree are considered two different crimes and it is possible to use this as a loophole in the law. I would think murder is murder whether it is first, second, or third degree.



Cannot be tried twice, not charged twice.
There was a murder in my county recently and the State's attorney charged a separate count for each blow to the victim that could have caused death. While the Defendant cannot be sentenced on each count, he can be convicted on each count...in the event that one count is overturned the others remain and the bg stays in jail.
Link Posted: 9/10/2004 7:27:15 PM EST

Originally Posted By legalese77:

Originally Posted By Cypher214:
You can't be charged twice for the same crime.

Maybe Second Degree and First Degree are considered two different crimes and it is possible to use this as a loophole in the law. I would think murder is murder whether it is first, second, or third degree.



Cannot be tried twice, not charged twice.
There was a murder in my county recently and the State's attorney charged a separate count for each blow to the victim that could have caused death. While the Defendant cannot be sentenced on each count, he can be convicted on each count...in the event that one count is overturned the others remain and the bg stays in jail.



Tried... that's what I meant to say.
Link Posted: 9/10/2004 7:45:55 PM EST

Maybe the lawyers can chime in, because I'm not one. It's to give the jury options and the prosecutor hedges thier bets. I have been told it's because the prosecutor thinks the crime justifies the more severe charge, but just in case the jury doesn't agree, the prosecutor adds a lessor charge. The jury can find only guilty/not guilty on the crimes charged. So if charged only with 1st degree murder, the jury can't say the prosecutor didn't prove 1st degree, but did prove 2nd degree murder. Charge the killer with both and the jury finds not guilty on 1st, and guilty on 2nd degree
Link Posted: 9/10/2004 8:23:32 PM EST
Like the last poster said, its to give the jury a choice.
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