• That would be fair, but no. The nanny state doesn't work that way.
  • No, legally speaking, you're not being tried for the same crime. Being tried for the first "murder" includes one set of facts, which would be completely different than the second. Two different circumstances, two different crimes.
  • Interesting question! I'm no a legal expert, but this is what I thought: First I thought about the "double jeopardy" rule: how you can't be tried for the same crime twice. But then I looked it up and the full phrase is you can't be tried for the same crime twice "on the same set of facts." The second murder (the true murder) would have completely different facts from the first (false) one, so I guess that rule wouldn't apply here. Then there's the thing about "credit for time already served." It's not exactly right to say he'd "get away with it": he'd still be charged, put on trial, and found guilty (assuming they caught him and had proof), and so he'd still suffer all the consequences of that (social stigma, difficulty getting certain jobs or loans etc.), but theoretically-speaking, his legal punishment could be waived due to him getting credit for having already been punished for the murder. I doubt there's any precedent for this, though, so this is purely theoretical.
  • Yes, with a good lawyer. The second time Bob kills Bill can be explained as a temporary insanity. Bob thought he was being haunted by Bill's disembodied spirit and was very surprised to see blood on the floor when he fired the shoots or threw the knife, axe etc. in an effort to scare the spirit away.
  • There was a movie that was based on this exact set of circumstances (I can't remember the name of the movie) and it was determined the person could not be tried for the second (actual) murder.
  • Obviously, this is an extreme circumstance not occuring very frequently. What I think would happen is that another trial would have to occur. If (when) that trial finds bob guilty then I think they would take into consideration the amount of time served to possibly reduce his sentence, but I'm guessing by not much. +3
  • He could be tried and convicted and sentenced to time served, since he'd already served that time. It depends on the circumstances....wasn't that a lifetime movie? the guy in jail for killing an alive dude? and the warden was in on it?
  • Yeah... Double Jeopardy law
  • Yes. Double Jeapordy still stands. Nuts isn't it?
  • With regard to Double Jeopardy and the "same set of facts." the 'set of facts' would be that Bob was accused of killing bill by _________. Assuming that Bob killed bill the second way identical to the first, then, the set of facts would be the same. I would say that yes, it's possible for him to get away with it, especially if Bill's body wasn't found. (as is the assumption that this occurred in the first trial, considering bill was actually alive)
  • actually the Double Jeopardy law is not the same as in the movie .. you would be tried for the second murder in a different trial . you would be compensated for doing the first time in jail. but even that would have to go to court because you did kill him now . accepting that would also bring in your new murder to be accepted and time served . but that would have to be decided in court . also you have most likely violated your parole anyway .. . you will still do time the the case is heard .. and after that , maybe more .
  • Yes because charging him for the same crime twice is called "double jeopardy" which is illegal.
  • Well...probably not entirely. Why? Because usually such an offense ***includes multiple criminal charges***. Let's say that Bob is convicted of murdering Bill. First degree murder. He serves his time. OK. THEN he actually murders Bill. So: he can't get first degree murder of Bill again, but...what about attempted murder? Aggravated assault? Maybe kidnapping or terroristic threatening are involved. Maybe they could slap him with manslaughter. Etc. AND all of these felonies add up (prison-time-wise). SO: yes, he's served his time for first degree murder, but that doesn't mean that he's served his time for all of the OTHER very serious felony charges that would be included in the actual murder case/trial. Chances are he would be sentenced to several more years in prison. A much better option for him would be to sue the state/city/whatever for wrongful conviction.

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