Legal Question in Criminal Law in New Mexico
double jeopardy
If I'm convicted for someone's murder, even though I was falsely convicted because they're still alive, and I do the prison time, and I get out of prison for whatever reason, can I kill them since I already did time for they're murder? Is that double jeopardy?
Asked on 1/19/04, 12:22 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: double jeopardy
No. The movie is all Hollywood, it is not reality. If you take a human life under the circumstances you describe, you will be prosecuted for murder for the killing. The fact that the prior conviction was inappropriate, does absolutely not give you the power to correct it by taking a human life. You have remedies, but the one you suggest is not one of them.
Answered on 1/19/04, 1:06 pm
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