Is this a circumstance in which you can be tried twice for the same crime?

762 Views | 4 Replies | Last: 1 yr ago by eric76
eric76
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AG
In 2006, a deranged Hans Peterson murdered a Doctor David Cornbleet in Chicago.

Peterson's mother was French and he had dual citizenship. After the murder, he fled to a French island. of St Martin. After a while, the police finally found out who killed Dr Cornbleet and traced him to St Martin, but the French refused to extradict.

Instead, they held their own trial for the murder of Dr Cornbleet, convicted Peterson of the murder, and sentenced him to life imprisonment with a possibility of parole in 22 years.

Suppose that Peterson was paroled and then returned to the US. Could the State of Illinois then arrest him and try him for murder and possibly sentence him to death?

My gut feeling is that if Illinois can ever get him, they should be free to try him for the murder and execute him if convicted.
TxTarpon
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Yep
They will
Nice island to flee to.

aggiehawg
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AG


No DP in Illinois.

ETA: And yes he can be tried again. Double jeopardy only attaches when it is the same sovereign (government) attempting two prosecutions for the same crime.
LoudestWHOOP!
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AG
aggiehawg said:



No DP in Illinois.
Unless you live on the South Side, they're handing out Death Penalties all the time!
eric76
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AG
Hmmm. So if he came back, Illinois could try him, but no death penalty.

Perhaps the French were worried about the federal government trying him for the murder instead.
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