Legal expertz, GTFIH!

[Akrazotile]

Here's a question (it's got nothing to do with me) that I've been trying to find information about but haven't found, so I'm hoping I can perhaps get some from the ISH legal department.

If you are sentenced for a crime and complete the sentencing, but new information emerges later that would have changed the original charge, can you be retroactively tried/charged/sentenced?

For example let's say mlh1981 assaulted someone and killed them. And during the trial it appeared the act was not premeditated, nor did he intend to kill them. So he's convicted of second degree murder. But then a year later letters are found and handed over to the authorities that were written prior to the act that demonstrated mlh's intent to kill and that he knew all along his victim had an eggshell skull and would die from the blows of fury mlh rained down upon him.


Could the state then go back, despite already convicting and sentencing mlh1981 of second degree murder, and upgrade his charge based on new evidence? Or would the finality of the first trial terminate his jeopardy and prohibit him from facing further recourse for his offense?

[9erempiree]

No.

Google "Double Jeopardy" you cannot do more time.

Also, a conviction is final. New evidence can not being used for prior trial.

[russwest0]

No.

Google "Double Jeopardy" you cannot do more time.

Also, a conviction is final. New evidence can not being used for prior trial.

This.

[B-hoop]

Question now is, wtf did op do?

[9erempiree]

Question now is, wtf did op do?

Probably caught jerking off in a porno theater.

The retroactive evidence he was talking about...lol? They got it on video.

[Done_And_Done]

Why use one of the nicest posters on ISH as example though lol

[nathanjizzle]

No.

Google "Double Jeopardy" you cannot do more time.

Also, a conviction is final. New evidence can not being used for prior trial.

im reporting you for giving legal guidance without a license

[Bandito]

No.

Google "Double Jeopardy" you cannot do more time.

Also, a conviction is final. New evidence can not being used for prior trial.
This.

[oarabbus]

Did people in here just watch the movie Double Jeopardy and decided they were a paralegal?

Yes, potentially they can be tried.


A person who is convicted of one set of charges cannot in general be tried on additional charges related to the crime unless said additional charges cover new facts against which the person in question has not yet been acquitted or convicted. The test that determines whether this can occur is the Blockburger test.

An example of this are the charges of "conspiring to commit murder" and "murder". Both charges typically have facts distinct from each other. A person can be charged with "conspiring to commit murder" even if the murder never actually takes place if all facts necessary to support the charge can be demonstrated through evidence. Further, a person convicted or acquitted of murder can, additionally, be tried on conspiracy as well if it has been determined after the conviction or acquittal that a conspiracy did, in fact, take place.

He could be tried for conspiracy 1st degree murder after serving his time for 2nd degree.

[KevinNYC]

Did people in here just watch the movie Double Jeopardy and decided they were a paralegal?

Yes, potentially they can be tried.

He could be tried for conspiracy 1st degree murder after serving his time for 2nd degree.
So yes, you can be tried for different crimes related to the same incident.

Also for federal crimes you can be tried in Federal and State court.
http://www.huffingtonpost.com/2011/06/20/myths-of-the-criminal-justice-system_n_879768.html
Myth 1: You Can't Be Tried More Than Once For The Same Crime

The Fifth Amendment to the U.S. Constitution states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." This protection against "double jeopardy" is intended to prevent the government from retrying the same defendant over and over until prosecutors can get a conviction.

But there are some exceptions. First, the protection only comes into play once a jury has convicted or acquitted a defendant. So in trials that end with a hung jury or a mistrial, the prosecution can usually bring the same charges again. One particularly egregious example is Curtis Flowers of Mississippi, who has been tried an incredible six times for the murder of four people in 1996.

Second, the U.S. Supreme Court has ruled that the government can charge a defendant with both a crime and the conspiracy to commit that crime without violating the constitutional prohibition on double jeopardy. This gives the government two opportunities to convict for essentially the same offense. Conspiracy is often easier to prove than the underlying crime. It also gives prosecutors a way to rope in alleged offenses they can no longer charge separately due to statutes of limitations.

Finally, there is the "separate sovereigns" exception to double jeopardy. This allows a defendant to be tried, convicted and sentenced for the same crime in both state and federal court. The most well-known example of the separate sovereigns exception is when the Los Angeles police officers who beat Rodney King were acquitted in state court, then convicted in federal court of violating King's civil rights.

But it's becoming more common in high-profile cases, where both state and federal prosecutors want a chance at a career-making conviction. Michael Vick, for example, was twice convicted on charges related to his dogfighting operation, once under Virginia law and once under federal law. (He was also indicted on various dogfighting-related crimes and conspiracy to commit those crimes.) As the federal criminal code continues to grow, it seems likely we'll see more examples of defendants who are tried twice for the same crime, particularly in cases involving celebrities and politicians.

[9erempiree]

So if the OP went to jail for jerking off in a porno theater and did his time and community service.....

...if new evidence came up that he used a knife to threaten to jerk off another patron...then he can be punished? That is the obvious.

Those would be new charges.