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Fracture *SPOILER* thread. Attorney needed.

post #1 of 10
4/23/07 at 2:01am
Thread Starter 
So, saw Fracture tonight. Pretty decent. I know there are some attorneys on the board, so I'm hoping one of you might be able to answer a question.

*SPOILER AHEAD*

At the end of the movie, Anthony Hopkins is aquitted of attempted murder. However, after the verdict, his wife dies after being an in a coma. Supposedly new evidence has surfaced, so they can now try him for murder without it being double jeopardy.

Is that right? If so, what's to stop a prosecutor from trying to get verdicts for manslaughter, attemped murder, murder, whatever it is the person got off on already?
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post #2 of 10
4/23/07 at 3:40am
Quote:
Originally Posted by Blitzula View Post
So, saw Fracture tonight. Pretty decent. I know there are some attorneys on the board, so I'm hoping one of you might be able to answer a question.

*SPOILER AHEAD*

At the end of the movie, Anthony Hopkins is aquitted of attempted murder. However, after the verdict, his wife dies after being an in a coma. Supposedly new evidence has surfaced, so they can now try him for murder without it being double jeopardy.

Is that right? If so, what's to stop a prosecutor from trying to get verdicts for manslaughter, attemped murder, murder, whatever it is the person got off on already?
if he was acquitted of attempted murder, then he cannot be tried for that offense or any other offense lower than that. but he can be tried for a higher one.
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post #3 of 10
4/23/07 at 3:51am
Murder and attempted murder are two different criminal acts. You can be tried for multiple different criminal acts, in fact usually a person is tried on various alternate charges. You cannot be tried twice for the same criminal act, however, so you couldn't have two trials on both manslaughter and murder.
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post #4 of 10
4/23/07 at 3:55am
Thread Starter 
Quote:
Originally Posted by AlanY View Post
You cannot be tried twice for the same criminal act, however, so you couldn't have two trials on both manslaughter and murder.
That's what I figured...thanks.
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post #5 of 10
4/23/07 at 5:35am
Was the first prosecution by the state and the second by the fed? Sometimes they can get away with that, because state and fed are considered "separate sovereigns." Rare, but it happens now and then.
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post #6 of 10
4/23/07 at 6:48am
LOL, when I read the thread title, I thought you had broken a bone and needed a lawyer.

-Ed
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post #7 of 10
4/23/07 at 8:11am
Quote:
Originally Posted by Edwood View Post
LOL, when I read the thread title, I thought you had broken a bone and needed a lawyer.

-Ed
LOL, me too. Pretty funny.
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post #8 of 10
4/23/07 at 12:00pm
Thread Starter 
Quote:
Originally Posted by Uncle Erik View Post
Was the first prosecution by the state and the second by the fed? Sometimes they can get away with that, because state and fed are considered "separate sovereigns." Rare, but it happens now and then.
Right, I remember that from the King beating. Nope...same entity. I'd love to comment on double jeopardy and that approach, but I won't since it's political.

It would be a spoiler of my well being if it had been a physical injury rather than a movie!
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post #9 of 10
9/7/09 at 9:19pm
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post #10 of 10
9/8/09 at 9:48pm
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