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To: P-Marlowe
However if you charged someone with kidnapping and they were aquitted, you could still charge them with every crime that they committed after they kidnapped the person, including rape, assualt, battery, etc. Since those subsequent acts were not included in the elements of the offense of kidnapping, the prosecution can later charge them for those crimes without violating the double jeopardy clause.

Interesting points here. My question is this: if you charge someone with kidnapping and they are acquitted, can the acquittal on this charge be used in the suspect's defense if he is later charged with other crimes related to his actions?

Along these lines, I seem to remember reading somewhere that prosecutors don't like to seek search warrants unless they're pretty sure they're going to find what they are looking for. Because if they don't, then the fact that they looked for evidence but didn't find any will have a worse impact at trial than if they never looked in the first place.

294 posted on 03/19/2003 10:12:05 AM PST by Alberta's Child
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To: Alberta's Child
if you charge someone with kidnapping and they are acquitted, can the acquittal on this charge be used in the suspect's defense if he is later charged with other crimes related to his actions?

Probably won't do the defendant any good because if you are aquitted by a jury for kidnapping you certainly don't want the jury on the subesequent sexual assault trial to know that you had been accused of kidnapping. The defendant will want to get as far away from the kidnapping accusation as possible.

The only advantage that the defendant would gain is that the prosecutor cannot introduce any evidence that the victim was taken by force or against her will. The only issue would be whether she consented to the sexual assault and/or whether she had the legal capacity to consent.

331 posted on 03/19/2003 11:58:01 AM PST by P-Marlowe
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