[Stone Mountain]

Prosecuted for assault 9 years ago. Porsecuted for manslaughter now. doesn't sound like double jeopardy to me.

Sounds like double jeopardy to me. He is being prosecuted twice for the same incident.

[gcruse]

I'm happy to say the Supreme Court disagrees with you.

U.S. Supreme Court has ruled that double jeopardy exists only if the two crimes have the same elements. And in this case, death is an element of the manslaughter charge but not the assault charge.

[Wolfie]

Assault and manslaghter are two seperate crimes. Multiple charges can (and do) arise from the same incident. It happens all the time.

[tracer]

But not for the same crime, and that is key....