The Skelton Brothers /// 280 /// 281

2 comments

  • Michelle

    Michelle N.Y.

    Responding to your Double Jeopardy question from Part 2. As a lawyer and prosecutor, I don't come across many double jeopardy issues in my day to day work. There is a Fifth Amendment protection against an individual being prosecuted for the same crime twice. For example, take a person who is charged with a robbery; the prosecutor takes the case to trial and defendant is acquitted. The prosecutor doesn't get a do-over; you can't put the same case with the same facts in front of a different jury to try to get a conviction. That's the basic rule. Bear in mind that I am not proficient in Michigan law, but in regard to the Skelton case, the elements of Kidnapping or Unlawful Imprisonment and Murder are going to be different, so I believe that he could be charged with murder, if there is enough evidence (and probable cause) for an arrest. Also bear in mind that the law always leaves a lot of room for interpretation, analysis and argument, so where we may want a cut and dry answer, there are arguments for and against the decision to charge that can be made, and it is up to a judge oftentimes to determine whether or not a case will be dismissed with prejudice (meaning its not allowed to be brought before the court again) and/or if there are limitations of what evidence from the prior case can be presented at the Murder trial.

    Responding to your Double Jeopardy question from Part 2. As a lawyer and prosecutor, I don't come across many double jeopardy issues in my day to day work. There is a Fifth Amendment protection against an individual being prosecuted for the same crime twice. For example, take a person who is charged with a robbery; the prosecutor takes the case to trial and defendant is acquitted. The prosecutor doesn't get a do-over; you can't put the same case with the same facts in front of a different jury to try to get a conviction. That's the basic rule.

    Bear in mind that I am not proficient in Michigan law, but in regard to the Skelton case, the elements of Kidnapping or Unlawful Imprisonment and Murder are going to be different, so I believe that he could be charged with murder, if there is enough evidence (and probable cause) for an arrest. Also bear in mind that the law always leaves a lot of room for interpretation, analysis and argument, so where we may want a cut and dry answer, there are arguments for and against the decision to charge that can be made, and it is up to a judge oftentimes to determine whether or not a case will be dismissed with prejudice (meaning its not allowed to be brought before the court again) and/or if there are limitations of what evidence from the prior case can be presented at the Murder trial.

  • True Crime Garage

    True Crime Garage

    Thank you Michelle for the insightful post. Something to chew on.... Cheers Nic

    Thank you Michelle for the insightful post. Something to chew on....
    Cheers Nic

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