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Is killing the same person twice double jeopardy?

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zulfikarl


lawyer

Romeo&Julia were on vacation in their yacht. The next morning, Romeo woke up soaked in blood and with a knife in his right hand. Julia appeared to have been pushed over board as indicated by the fact that some of her personal belongings were fished out from the sea 500 meters from where the boat was found. There was blood all over the place. Police investigators were able to establish that the blood belonged to Julia. He was convicted for murder and served for 30 years. After serving his sentence, Romeo learned that Julia is alive and is now cohabiting with a gorgeous young lover. He further learned that everything that had happened that fateful evening were Julia's diabolical plans to get rid of him. He went to see Julia and upon seeing her, Romeo strangled Julia to death. Thereafter, he surrendered to the police. During trial, Romeo invoked double jeopardy saying that he had already served 30 years of imprisonment for the murder of Julia.

Is their double jeopardy?

zulfikarl


lawyer

How come no one has dared to answer the question. I've been meaning to ask this when I was in law school but I was not able to. I already passed the bar exams but I still grapple with this nagging question. This is inspired by a movie I watch on HBO many years ago starring Ashley Judd.

Answer anyone?

ducemus


Arresto Menor

there is none.

constitutional provision mandates that "no person shall be twice put in jeopardy of punishment for the same offense."

this safeguard protects the accused not against the peril of the second punishment, but against being prosecuted under the same set of facts twice.

"same offense," in this instance, means not only that the second offense charged has the same nomenclature as the one alleged in the first information, but also that the first and second offense emanates from the same set of facts.

The case at bar bares that the 'crimes' occurred at different places and were separated by time, thus failing under the "same evidence test." double jeopardy, therefore, does not lie.

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