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  1. #1
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    Default Should a Murder Charge Be Even Considered

    Saw this story on the news.

    https://fox8.com/2020/01/03/woman-br...murder-charge/

    Obviously Ohio does not follow the "year and a day rule", but 11 + years? How can medical experts determine that?

  2. #2
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    Default Re: Should a Murder Charge Be Even Considered

    Because there is no statute of limitations on murder.

    Of course it should be "considered."

    That's what authorities are doing. Considering it. Considering it doesn't mean it will come to pass. The authorities will have to determine if there is direct causality between the attack and the death.

  3. #3
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    Default Re: Should a Murder Charge Be Even Considered

    Somebody correct me if I'm wrong, but the suspect has already been tried, convicted and is serving his sentence for attacking this woman. Even if her death is determined to be a direct result of his actions, isn't there a double jeopardy issue here?

  4. #4
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    Default Re: Should a Murder Charge Be Even Considered

    Quote Quoting L-1
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    Somebody correct me if I'm wrong, but the suspect has already been tried, convicted and is serving his sentence for attacking this woman. Even if her death is determined to be a direct result of his actions, isn't there a double jeopardy issue here?
    No DJ. NEW potential charge.

  5. #5
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    Default Re: Should a Murder Charge Be Even Considered

    Quote Quoting L-1
    View Post
    Somebody correct me if I'm wrong, but the suspect has already been tried, convicted and is serving his sentence for attacking this woman. Even if her death is determined to be a direct result of his actions, isn't there a double jeopardy issue here?
    Different statute, different crime.


    it would be no different that charging a person concurrently with assault and battery and murder if they beat the person and then the person died. As it stands I don’t know what the guy was charged with but it was likely several different crimes based on the same incident. I would suspect rape, assault with a deadly weapon (2 charges, the gun and the branch), battery, kidnapping, and maybe a few others. If she had died at the time, all of those charges could still be charged but murder could be added. It’s just a delayed prosecution in this case, if they determine the death was a direct result of the attack.

  6. #6
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    Default Re: Should a Murder Charge Be Even Considered

    But, I would think that because the death arose from the same fact set for which he was convicted it might be double jeopardy. It would seem akin to adding a new crime to try if you didn't get the one you wanted the first time.

    But, I suppose, if it were a clear matter of double jeopardy, there wouldn't be any discussion of the matter. So, I'm guessing that either the DJ question in Ohio is not as clear in this scenario, or, it simply does not apply.
    **********
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  7. #7
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    Default Re: Should a Murder Charge Be Even Considered

    I believe DJ does not start as a possible doctrine until a Jury is epanelled. Since none was on a murder charge, just the other charges, no DJ.

  8. #8
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    Default Re: Should a Murder Charge Be Even Considered

    Quote Quoting RJR
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    I believe DJ does not start as a possible doctrine until a Jury is epanelled. Since none was on a murder charge, just the other charges, no DJ.
    It might vary by state because we have made careful decisions out here to avoid pursuing cases or accepting pleas too early in order to avoid overlooking more serious, related offenses. But, I cannot definitively say that even out here DJ would be a consideration. The nuances of that are outside the scope of my experience.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
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    Default Re: Should a Murder Charge Be Even Considered

    Quote Quoting cdwjava
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    But, I would think that because the death arose from the same fact set for which he was convicted it might be double jeopardy. It would seem akin to adding a new crime to try if you didn't get the one you wanted the first time.

    .
    and you believe that can’t be done? If they comply with the requirements in the following, they actually could.

    Here is a decent write up from nolo on this topic



    Double jeopardy prohibits different prosecutions for the same offense. This rule can come into play when the government brings a charge against someone for an incident, then prosecutes that person again for the same incident, only with a different charge. In that kind of situation, if each charge doesn’t require that the prosecution prove at least one additional fact that the other doesn’t, then the charges constitute the same offense under double jeopardy law. Here’s an example showing how that rule works:
    A man was convicted of joyriding, the elements of which were taking or operating a vehicle without the owner’s consent. Later, the government charged him with auto theft, which consisted of joyriding while intending to permanently deprive the owner of the vehicle. To prove joyriding, a prosecutor wouldn’t have had to prove anything more than what’s required to prove auto theft. (Joyriding was a “lesser included” offense of auto theft.) Joyriding and auto theft therefore represented the same offense, and the auto theft prosecution violated the double jeopardy principle. (Brown v. Ohio, 432 U.S. 161 (1977).)



    causing the death of the victim does require proving an additional element; she died as a result of the attack. That would remove it from being double jeopardy.

  10. #10
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    Default Re: Should a Murder Charge Be Even Considered

    Makes sense. But, something about it seems to rankle anyway. Makes me wonder, though, why we don't see more moves like that with high profile offenses.
    **********
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