Can You Be Tried Again for Murder if the Victim Dies After an Acquittal for Attempted Murder?

Double jeopardy is a legal principle that prevents a defendant from being tried twice for the same crime. However, certain exceptions can apply, especially when the victim of a crime later dies. This article delves into the legal complexities surrounding attempts to retry a suspect for murder when a victim later dies after being acquitted of attempted murder.

Technical Aspects and Exceptions to Double Jeopardy

Technically, yes, a person who has been acquitted of attempted murder can be retried on murder charges if the victim later dies. However, a defense lawyer can often request a summary dismissal if no new substantive evidence is presented. This underscores the fact that, unless there are new circumstances or evidence, defendants are unlikely to face retrial for the same crime.

Filing a New Case After a Victim Dies

When a person is acquitted of attempted murder and the victim later dies, a new case can be filed for a new hearing. This often necessitates the creation of a new court docket and number. Though this process can take a significant amount of time, typically ranging from one to two years, it is possible. For this reason, if the suspect is still within the judicial timeframe, they may face a retrial.

The Delayed Death Exception

In the United States, the legal principle known as the delayed death exception to the prohibition against double jeopardy allows for the retrial of a suspect for murder when the victim later dies. This exception has its roots in the Mills v. Maryland case, where the Supreme Court ruled that a murder charge can be brought when different circumstances arise after a person's acquittal.

Charges and Sentencing in the Delayed Death Scenario

In such cases, the criminal charges are typically changed from attempted murder to murder due to the victim's death. Additionally, a legal review may be conducted to ensure that the sentencing is appropriate for the new charges. This process guarantees that the justice system considers the updated nature of the charges and adjusts the potential penalties accordingly.

Double Jeopardy and the Same Jurisdiction

Double jeopardy does not bar a defendant from being tried for the same crime in the same jurisdiction. However, if the victim dies and there is new evidence, a prosecutor may file charges in federal court instead of state court, thus circumventing the prohibition against double jeopardy in the same jurisdiction.

The Impact of a Jury's Verdict in the Original Trial

The original acquittal in an attempted murder case creates a significant hurdle for relitigating the same incident in a subsequent murder trial. In the U.S., a jury's rejection of the attempted murder charge often means that future courts must respect that finding. However, if the suspect is found guilty of a lesser charge, there may be more legal complexities, as the original verdict's findings and facts may still be relevant.

Conclusion

The concept of being retried for murder when a victim later dies after an acquittal for attempted murder is a complex issue with many legal nuances. While it is technically possible, the legal system often disallows such retrials if the original verdict has been recognized. Understanding these principles is crucial for both legal professionals and the public to navigate the intricate and often unexpected processes within the justice system.