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Can Any Attorneys Answer This Please?

Posted on 09/15/2009 7:52:10 PM PDT by plinyelder

"If" by chance, the lady who admitted on todays ACORN video to setting up and then killing her husband, If she really did kill and then get off on an abuse defense .. Can they retry the case?

What about the double jeopardy law?

Just curious.

Thanks


TOPICS: Chit/Chat; Conspiracy; Society
KEYWORDS: acorn; hannahgiles; law; murder
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To: OCCASparky

She came off to me as a crackhead liar.


21 posted on 09/15/2009 9:37:47 PM PDT by politicalmerc (If Birthers are so silly, then why not show the BC and put them to shame?)
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To: JLS

That isn’t what you asked. You asked if she could be retried (presumably for murder).


22 posted on 09/15/2009 9:41:03 PM PDT by politicalmerc (If Birthers are so silly, then why not show the BC and put them to shame?)
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To: Psalm 144

Right on how rare they are. However if as with Capone and tax evasion, if you have a cold blooded killer you can only get on perjury, I think you get them. You are of course right about the statute of limitations.

Of course if she was tried in a capital case, maybe there is another way. I have some vague memory during the OJ case that perjury in a capital case is a capital crime?

Ultimately she probably walks. I don’t have too much trouble with that as I prefer not having the state hassle people and I don’t like stretching the law too much for a conviction. I would say society would shame her, but how much more shame can one have than working for ACORN?


23 posted on 09/15/2009 9:41:44 PM PDT by JLS
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To: politicalmerc; Psalm 144

politicalmerc: I think Psalm 144 was who originally asked that question.

Pslam 144: I see, I too sometimes reply to the wrong person too.


24 posted on 09/15/2009 9:48:28 PM PDT by JLS
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To: plinyelder

If the police dismissed the case as self defense, it can be tried since she would never have been tried before. If she went to trial and they found her not guilty by reason of self defense, then, no she can’t be tried. However, Beck was quick to say they couldn’t confirm if she had a husband that died by gunshot, they called the police to check and the police refused to answer one way or another. This covers Becks butt and the couple if anyone tries to say they were accusing her of something when she just made it up. Some people brag about crap. However, I am betting she was telling the truth.


25 posted on 09/15/2009 9:53:29 PM PDT by calex59 (FUBO, we want our constitution back and we intend to get it!)
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To: 353FMG

“I have always been curious to know what the ultimate goal of the American legal system is — justice or truth?”

I believe it is justice, I once read that in European law they do not have the adversarial system was have, and that a trial is more a collaberative “search for the truth”.


26 posted on 09/15/2009 10:00:22 PM PDT by jocon307 ( We're dealing with COMMUNISTS here, folks!)
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To: plinyelder

http://en.wikipedia.org/wiki/Megan_Suzanne_Vice


27 posted on 09/15/2009 10:09:44 PM PDT by cynwoody
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To: cynwoody

I want to thank all of you for your responses and for your opinions.

The question and the answer has been bothering me every since I first saw the video.

Amazingly, no one on the broadcasts, Beck, Greta, etc. etc. seems to have asked about it.

I’m guessing that they must think that the lady was a loon or .. a habitual liar.

Again .. Thanks


28 posted on 09/15/2009 10:46:09 PM PDT by plinyelder
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To: plinyelder

Doesn’t take a lawyer. If no one knew she was the one who killed him then she can certainly be arrested. Otherwise, she offered nothing in the tape that would be of any use in a trial if the case was dismissed or never brought to trial because the prosecutors believed the killing was justified.


29 posted on 09/16/2009 6:12:03 AM PDT by yazoo (Conservatives believe what they see. Liberals see what they believe.)
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To: plinyelder
If she had been tried before, and the trial ended in a verdict, she cannot be tried again due to double jeopardy.

If the trial ended in a mistrial called or caused by the defendant, she could be tried again, but there are time constraints on this.

If she had not been tried, the unfortunate legal fact is she could not be tried on her confession alone. There would have to be other evidence of the crime before her confession could be admitted (corpus delecti rule).
30 posted on 09/16/2009 6:51:35 AM PDT by Centaur (Never practice moderation to excess.)
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