Grand Jury Indictment

[ConcernedFriend123]

My question involves criminal law for the state of: Illinois

Can you be indicted by the grand jury on 3 counts of first-degree murder for just ONE body? If so, how is that possible?

[DonnyC]

Yes you can recieve several counts with just one body. There are several factors that determine this. Here is the illinois laws on Homicide. Take into account the age, race, violence, etc of the crime as states in the first degree murder statue.

[BOR]

My question involves criminal law for the state of: Illinois

Can you be indicted by the grand jury on 3 counts of first-degree murder for just ONE body? If so, how is that possible?

Under the Blockburger rule, the SC case of the same name, seperate charges arising out of the same offense can be brought as long as one has an element another does not.


Example:

1. No person shall commit murder.

2. No person shall commit murder while committing another felony (felony murder rule).

It is my understanding such can be Indicted for 2 counts, but ONLY 1 Charge of homicide can the defendant be convicted of, not 2. The Prosecution's point is to get a conviction, even the jury agrees with 1 out of 2.

There was a case some years ago where a person had murdered 4 people, yet was charged with 8 counts of homicide, IMO, under the Blockburger rule, however they could not impose 8 life sentences etc., if convicted, only 4.

Such charges are open to the defense to argue, 8 that is, as the "elements" test is a tricky one, I have seen in some rulings on this before.

This may help a little:


http://en.wikipedia.org/wiki/Blockbu..._United_States

[ConcernedFriend123]

Thank you guys for your help. So I'm clear, an Indictment and a Charge are different? He was CHARGED with first-degree murder, but INDICTED on 3 counts of first-degree murder. Right?

[BOR]

Thank you guys for your help. So I'm clear, an Indictment and a Charge are different? He was CHARGED with first-degree murder, but INDICTED on 3 counts of first-degree murder. Right?

If the Indictment has 3 counts of murder, then that is the more than likely final charge.

You may be confusing an arrest on 1 count, then the Prosecutor filing for 3.

An Indictment IS a charging document, whether it mirrors the police arrest charge or not.

Odds are when he was arrested, he was not told he was under arrest for 3 counts.

I think I am understanding your question right?