Double Jeopardy or not

Discussion in 'Archive: The Senate Floor' started by beezel26, Oct 22, 2010.

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  1. beezel26 Force Ghost

    Member Since:
    May 11, 2003
    star 7
    http://www.adelaidenow.com.au/news/national/smiling-prosecutor-wont-say-if-aussie-honeymoon-death-diver-on-murder-charge/story-e6frea8c-1225942580222


    A man was charged and convicted in Australia for a murder. Now the state of Alabama wants to charge him with the same crime after he gets out of jail in Australia. Should he be charged again in his home state for killing his wife on their honeymoon?
  2. Fire_Ice_Death Chosen One

    Member Since:
    Feb 15, 2001
    star 7
    I believe double jeopardy only applies if he was tried in the US and found not guilty.
  3. Obi-Wan McCartney Force Ghost

    Member Since:
    Aug 17, 1999
    star 5
    Double jeopardy only applies to the sovereign, in that a sovereign cannot put a person in jeopardy of live or limb more than once. However, each state is sovereign, and the federal government is also sovereign. Don't know much about the specifics of the case, but some portion of the crime that occurred in Australia would have had to occur in Alabama for Alabama to have jurisdiction.

    Interestingly enough, if a man on the border of Alabama and Mississippi standing in Alabama fires a bullet and kills a man in Mississippi he could be tried for murder in both states, as both states have sovereign authority to prosecute him for the crime. Theoretically, the federal government could also try him for the crime depending on the circumstances as they are a separate sovereign too.

    So no, its not double jeopardy, but they have to show that Alabama has jurisdiction.
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