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Is this really a Homicide??? James Brady (1 Viewer)

Dragonfly

Dragonfly

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If he was already tried for attempted murder would it fall under double jeopardy?
 
In most, if not all, jurisdictions, murder has no statute of limitations. The comments about double jeopardy are correct though. He's already been tried so jeopardy has attached.
 
Supposedly he could be charged again, the only problem with that is he was already adjudged mentally incompetent at the time. Or in other words, not guilty by reason of insanity. That ruling can not change.
 
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radcen said:
33 years later? No.
Click to expand...
Yes. Murder has no statute of limitations.
It is a different crime that he was never charged with as it didn't exist at the time.

As stated though, the only problem with that, and the reason why he wont be charged, is that he was adjudged insane at the time. That can not change.
 
Hinkley was found innocent by reason of insanity. If it was the case at the time, then it still applies unless they retroactively find home sane at the time.
 
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