What will you do as a judge’s ! Share your opinion guys

Had it been that the case of her previous mistaking sentences was already up for hearing and she then commit this real murder now. The judgement is simple.

I will discharge her for the first crime and even award her some compensations for her unnecessary detention. But on this real murder case she now commit, I will instantly sentences her to death by hanging. Simple.

regardless of the time she spent in jail for a crime she didnt commit, she had no right to kill the husband and should have used the right channel to get compensated for her time in jail.....but as she cant be charged for the same crime twice, i will charge her with a different/similar crime (aka grave bodily harm etc) and give her a life sentence.

MrBrownJay1:
regardless of the time she spent in jail for a crime she didnt commit, she had no right to kill the husband and should have used the right channel to get compensated for her time in jail.....but as she cant be charged for the same crime twice, i will charge her with a different/similar crime (aka grave bodily harm etc) and give her a life sentence.

Close!

This does not amount to being charged twice for the murder occurred in a different day.

Morningblues:
What will you do as a judge’s ! Share your opinion guys

The state will first pay her Damages for Wrongful Prosecution and Imprisonment.

Then she shall be Charged afresh on the Present Murder

She has already served her prison terms.....

Dtruthspeaker:

Close!

This does not amount to being charged twice for the murder occurred in a different day.

actually, it doesnt matter whether you were charged 10yrs ago and today.... you cannot be charged for the same crime twice, thus she has already been charged /sentenced/jailed for the murder of her husband and therefore cannot be charged AGAIN for that same crime. its called DOUBLE JEOPARDY

MrBrownJay1:


actually, it doesnt matter whether you were charged 10yrs ago and today.... you cannot be charged for the same crime twice, thus she has already been charged /sentenced/jailed for the murder of her husband and therefore cannot be charged AGAIN for that same crime. its called DOUBLE JEOPARDY

You would have been right but for the fact that Double Jeopardy is based on the Charge being the same.

And in this case, it is not the same because the first charge was on a crime committed let's say 20 years back but she can be charged for committing the Same Type Of Crime 20 years later which is what will happen now.

Secondly, it would also not be double jeopardy because this would be her first crime, with the previous wrong full accusation have been expunged and Damages paid and Public Apologies Rendered.

Dtruthspeaker:


You would have been right but for the fact that Double Jeopardy is based on the Charge being the same.

And in this case, it is not the same because the first charge was on a crime committed let's say 20 years back but she can be charged for committing the Same Type Of Crime 20 years later which is what will happen now.

Secondly, it would also not be double jeopardy because this would be her first crime, with the previous wrong full accusation have been expunged and Damages paid and Public Apologies Rendered.

you CANNOT be charged/prosecuted twice for murdering the same person.... it doesnt matter how long the crime happened. its not her 1st crime if she was already prosecuted/jailed for murdering that exact same person.

imagine what you are saying: i get prosecuted for killing someone, i get acquitted of the murder and then a week later i can be prosecuted again for the same crime?!?!?!? you CANNOT be prosecuted for the same crime twice, thats why OJ Simpson was never again prosecuted for the murder of his ex wife, even though new evidence of his guilt has been found, lol!

MrBrownJay1:

you CANNOT be charged/prosecuted twice for murdering the same person....

Not when the person did not die, for it automatically means there is No Murder.

And a person can not be punished for murder when there was no murder or it is proven there was no murder.

Dtruthspeaker:
Not when the person did not die, for it automatically means there is No Murder.

it doesnt matter whether the person died or not, as the woman as already been charged/prosecuted/jailed for the murder of that man.... YOU CANNOT BE CHARGED TWICE FOR THE SAME CRIME! so you can charge this woman now for anything, but certainly NOT the murder of that man.

And a person can not be punished for murder when there was no murder or it is proven there was no murder

which world do you live in?!?!? of course a person can be convicted of a crime they didnt commit (or acquited of a crime they committed). it happens everyday... look at all the people who have been in jail for decades and then are suddenly freed because the justice system realized they didnt commit the crime they were jailed for.

MrBrownJay1:

it doesnt matter whether the person died or not,

Sorry, it does! If it did not Convictions would not be quashed and Sentences Overturned Simply because New Evidence came to light.

That is the Power of New Evidence!

Dtruthspeaker:
Sorry, it does! If it did not Convictions would not be quashed and Sentences Overturned Simply because New Evidence came to light. That is the Power of New Evidence!

if somebody has already spent years in jail and was released, they CANNOT have their murder sentence overturned because they've already paid for that crime (with years of incarceration). what are you talking about?!?!?!?!?! you can have all the new evidence you desire on a murder trial but if that person has already been convicted OR acquitted of that murder, you CANNOT try them again for the same exact crime... this is called the rule of law, duh!

MrBrownJay1:

if somebody has already spent years in jail and was RELEASED, they cannot have their murder sentence overturned because they've already paid for that crime (with years of incarceration). what are you talking about?!?!?!?!?!

There are 2 types of Legal Releases
1) Res Judicata
2) Overturning and Setting Aside of Judgements/Sentence.

This case falls into Setting Aside and Overturning of Judgements/Sentencing which a Court has Power to do at ALL TIMES once, New Tilting Evidence is brought to its attention, even if the sentence/judgement has been fully served.

Even post mortem too eg Steven Truscott-Convicted in 1959, Conviction overturned posthumously in (2007)

Dtruthspeaker:


There are 2 types of Legal Releases
1) Res Judicata
2) Overturning and Setting Aside of Judgements/Sentence.

This case falls into Setting Aside and Overturning of Judgements/Sentencing which a Court has Power to do at ALL TIMES once, New Tilting Evidence is brought to its attention, even if the sentence/judgement has been fully served.

Even post mortem too eg Steven Truscott-Convicted in 1959, Conviction overturned posthumously in (2007)

BWAAAAAAAH! you really have no idea what you are talking about. how can you overturn a conviction of murder when the prosecution will ALSO BRING NEW EVIDENCE to the court to prove that this woman is indeed guilty of murdering that man?!?!?!?!?!? the initial trial is for the murder of person A by person B, new trial will be of murder of person A by person B..... and there is no shadow of a doubt that person B is indeed guilty.

here is the simple questions that the judge would ask:
- was the defendant convicted of killing that man? answer: YES
- did the defendant admit to killing that man? answer: YES
case closed!

furthermore, let's even assume that you had a magic wand and you could overturn the initial sentence and have a new trial for murder....the woman will indeed be found guilty and sentenced to x amount of time....WHICH SHE HAS ALREADY SERVED, so she will automatically be released with credit for time spent.

yes many innocent people have had their convictions overturned but this woman is GUILTY 100%... so thats completely different and it doesnt matter when she committed the crime, her conviction of murder cant/wont be overturned as it will be a waste of tasxpayers money to try her a 2nd time since new evidence shows that she is guilty as charged!

MrBrownJay1:

BWAAAAAAAH! you really have no idea what you are talking about. how can you overturn a conviction of murder when the prosecution will ALSO BRING NEW EVIDENCE to the court to prove that this woman is indeed guilty of murdering that man?!?!?!?!?!?

Too much Television and Novels: in real cases, Prosecution can not bring any new evidence for murder, Only the Convicts Lawyers can!

That's how it runs. The Prosecution's work ends in Conviction and he can no longer add to his case but the Court and the Convicts Lawyer can continue their work to ensure that the Right Judgement was reached.

Read real law cases and Judgements of real courts, not the heat and entertainment emotions created in movies and novels.

Dtruthspeaker:
Too much Television and Novels: in real cases, Prosecution can not bring any new evidence for murder, Only the Convicts Lawyers can!

That's how it runs. The Prosecution's work ends in Conviction and he can no longer add to his case but the Court and the Convicts Lawyer can continue their work to ensure that the Right Judgement was reached.

Read real law cases and Judgements of real courts, not the heat and entertainment emotions created in movies and novels.

abeg stop writing rubbish online.... to overturn or set aside a judgment, you must file a motion with the court asking the judge to set aside or void the earlier judgment.... and if your motion is granted, the case starts back from zero and the prosecution will bring evidence at the new trial that actually proves without a shadow of doubt that the woman indeed murdered that man. she will therefore be sentenced to X amout of time in jail, which she has already served, thus would never spend a day in jail for time served (because she already spent years in jail for that particular crime) DUH!

MrBrownJay1:

abeg stop writing rubbish online.... to overturn or set aside a judgment, you must file a motion with the court asking the judge to set aside or void the earlier judgment.... and if your motion is granted, the case starts back from zero and the prosecution will bring evidence at the new trial that actually proves without a shadow of doubt

"trial that actually proves without a shadow of doubt." This is why Life is different from the movies and novels and you do not Learn the True Position of Law from them.

LAWYERS NEVER SAY A "trial is conducted without a shadow of doubt."

It's the Movies and Novels who do.

Thus, there is
1) A judgement to set aside Conviction and Sentencing and To Order Retrial.

2) A judgement to Set Aside Conviction and Sentencing and To Lay Down Acquittal and Discharge. (Upturned Judgement)

3) A judgement to Uphold Conviction and Affirm Sentencing. (Judgment of Confirmation)

There is nothing to be angry about since it is impossible for you to know more Law than a Lawyer!

Dtruthspeaker:


"trial that actually proves without a shadow of doubt." This is why Life is different from the movies and novels and you do not Learn the True Position of Law from them.

LAWYERS NEVER SAY A "trial is conducted without a shadow of doubt."

It's the Movies and Novels who do.

you are so consumed by the rubbish you are writing that you fail to focus on the issue at hand... now reread the question of this thread and stop writing rubbish online....

what will you do AS A JUDGE?! now go drink some water, relax for a sec and focus on the red bold part

MrBrownJay1:


you are so consumed by the rubbish you are writing that you fail to focus on the issue at hand... now reread the question of this thread and stop writing rubbish online....

what will you do AS A JUDGE?! now go drink some water, relax for a sec and focus on the red bold part

See vex!

By your interpretation, you mean any person just taken up from the streets and not what The Law Judge must do. Okay! No vex again. Ajuwaya!

Dtruthspeaker:
See vex!
By your interpretation, you mean any person just taken up from the streets and not what The Law Judge must do. Okay! No vex again. Ajuwaya!

bro, i know we have a lot of discussions on NL, and we dont see eye to eye on many issues, but at least we should STICK TO THE ISSUE AT HAND.

now, the question the OP asked IS: what will you do as a judge in the above context of a woman who was jailed for murder only for husband to come back later and she therefore shoots him dead?!

thats the only question you should answer, instead of focussing on my posts all over NL and getting a hardon everytime you see a post of mine, trying to prove me wrong.

MrBrownJay1:


bro, i know we have a lot of discussions on NL, and we dont see eye to eye on many issues, but at least we should STICK TO THE ISSUE AT HAND.

now, the question the OP asked IS: what will you do as a judge in the above context of a woman who was jailed for murder only for husband to come back later and she therefore shoots him dead?!

thats the only question you should answer, instead of focussing on my posts all over NL and getting a hardon everytime you see a post of mine, trying to prove me wrong.

I apologize! I interpreted it in another way.