Crawford couldn't have been retried
Double jeopardy means you can't be retried for the same event, which in this case was him shooting his wife.
shareWrong. You weren't paying attention. The 2nd Trial was for him "pulling the plug" on his wife. That was a separate event. The first event was attempted murder, and the second event was homicide.
shareBut giving doctors permission to take your wife off life support isn't a crime. He was acquitted of attempted murder, so he was legally regarded as innocent, and therefore he had every legal right to do it.
shareI would agree except that the gun evidence (and bullet in her brain) finally came to light. So, in this case, his act of taking her off life support was in fact murder. He was killing the witness to the crime. When he shot her, it was attempted murder. Then, when he pulled the plug, it was murder. Without the additional evidence, they wouldn't have been able to catch him. Like if he could have instead shot her in such a way that the bullet went all the way through, and then gathered the bullet, then he probably would have been ok. This flaw in his plan was a "fracture" in what he thought was the perfect egg.
shareThis is false. It is essentially the same case and no court would ever trial this as this is clearly double jeopardy as it basically the case of murdering his wife which you cannot in any suggestion trial twice. Once the the case is closed the case is closed and nobody would care to waste more tax payers money to hang some old rich smart guy for offing his cheating wife.
shareThey are two different cases. The first case was for "attempted murder", and the second is for "murder". That is not double jeopardy. Double jeopardy is when you are tried for the same case twice. New charges = new case. It's that simple. Did you really think the makers of the film wouldn't have thought of this? There is a great amount of attention, and research that goes into all details of these films, and since this is the crux of the film, so in this regard, they would have definitely triple checked the law.
shareYou dont know the definition. This is the same definition that is given by the movie which is false. Double jeopardy is one big law, not so simple. If anything falls similarly close to it. It is double jeopardy and he wont be tried. Attempted and murder is essentially the same thing. And he didnt murder her if he takes her off life support. This is a common legal practice. Nobody would dare pursue this rich man and it would be the same case because for you to say he murder her you would have to also prove that he attempted to to begin with which would fall under double jeopardy.
shareMovies are neither law nor documentaries so many big budget famous popular movies go beyond any reasonable logic. Man flying, man falling of buildings and surviving like nothing, man taking bullets, people still make them, people still buy them.
shareI found this case, and it shows there are exceptions to the double jeopardy rule in the case of murder. And, when He pulled the plug on her, it could be argued he did it out of malice. Here is the sentence that really brings it home:
"murder is excluded from the double jeopardy rule when the prosecution did not or could not have known of the death of the victim at the time of the first prosecution."
Murder has long been different from other crimes in that it has no statute of limitations and can be charged even when death occurs long after the criminal act. Another long-standing principle in the law is that the constitutional provision against double jeopardy means that a person can't be tried twice for the same action. What happens when these two principles collide?
A Bronx County judge ruled that double jeopardy did not apply to a murder charge against a defendant who had already spent 11 years in prison for attempted murder for the same shooting. The man he was originally convicted of shooting survived, but the bullet remained in his spine. 19 years after the defendant was released from prison, the man he was convicted of shooting suffered an infection due to the bullet and died.
His defense attorney challenged the indictment on multiple grounds including double jeopardy. While double jeopardy generally bars charges where the elements of the new or original charge contain every element of the other, the court denied the defense attorney's motion to dismiss the indictment on the grounds that murder is excluded from the double jeopardy rule when the prosecution did not or could not have known of the death of the victim at the time of the first prosecution.
The defense attorney also argued that when his client pled guilty to attempted murder, it was based on an agreement that no future prosecution for murder would be brought if the man who was shot eventually died. The judge reviewed the court minutes but found nothing in the transcript indicating that there was any such deal.
This case highlights the importance of ensuring that a plea bargain in any case thoroughly covers any possibility. While a death occurring decades after a shooting is an extreme example, there is always
Argue isnt a case.
Good luck proving malice in court. He was tried for attempted murder. For them to prove malice or murder they will have to go again to that case which is closed. You are neglecting the basic principle of money here. Nobody is going to go against a rich old guy who beat the charge on the same charge over intent or malice. Your case was some poor dead beat. If they press the old guy he’d have a buffet of lawyers like he proved in the movie and cases cost millions. Why didnt they continue the movie after Hopkins got millions of lawyers or give conclusion? I wonder why? Cause they’d knew it be fantasy and he’d easily beat the case again. Nobody would take a lost of touch with reality lawyer seriously. Hopkins would easily counter suit for millions costing the city millions and nobody in their right mind would even consider that. Nobody is going to press this old white rich man for millions on intent which could easily be disproven and would fondle with the common cases and rights of millions. Nobody is going to sympathise with some cheating bitch over an old white hard working man who looks like Hopkins.
You are missing the fact that they were definitely recording the entire conversation at the end which contained his full confession. That combined with all the new gun evidence, and new murder charge puts the nail in the coffin no matter how many lawyers he gets. There were also grounds keeper witnesses that saw him come home, then his wife come home, and no one else come in or leave. Now, with the new evidence, those witnesses, and the recorded confession, he is done. There is no recovery for him.
He was only allowed the authority to pull the plug because he was acquitted on the first charge. Since he was in fact guilty of the initial attempted murder, (even though he cannot be charged for it again) he can in fact be charged for the premeditated murder because he can be shown to have followed a pattern of wanting his wife dead and following through on it. (Whether by turning off the machine or by shooting her, it doesn't matter in this case). And since Murder IS different than attempted murder; this works. He is completely done.
Recording?
Hahaha. That is all fictional. They would need a warrant to enter his house which they didnt. The fact that they set him up and ambushed him is all entrapment. Whatever he said has zero significance because he wasnt aware he was being recorded. He didnt give a sign confession so it could mean anything which falls under “hearsay”. He could say it was my imagination, I was high, I was drunk. All immiscible. Nor would anyone waste their time on such shit. If this was the case anything anyone ever says would make millions of people in jail. What this was was straight harassment. What was his opposing crazy lawyer doing at his house. He could even press charges and say he felt threatened. All charges dropped. There is no “New” Murder charge. It’s the same case. Since when is pulling the plug murder? You’d have to go through so many hoops. Nobody would even consider to care to consider. You’re not a lawyer so you dont know how they think. After the charges dropped fiasco no legal sane person would even think about putting their careers on the line against such a madman and if he did kill you’d think he wouldn’t be capable of killing you or having so much money and influence he can just send a hit on you. Problem solved. Some old crazy guy living his last days nobody would care. He might even be released early cause of age or dementia.
Your betting that the grounds keeper would even consider to testify. He hired her and he is a killer. Why would they go against him?
He was granted authority because charges were dropped and she was a vegetable. Good luck going through that mess of reversing all of that proving that was his Master Plan all a long. I can see at least a five year court case nobody would care to pursue. He’ll probably die before that is ever concluded. He can’t prove that he was trying to legally murder because she was a vegetable and he was trying to end her misery. You’d have to prove that is what he was thinking, even with pattern, you wish.
Crawford invited Willy into the house, so no warrant was needed. Yes, i'm sure he was wearing a wire, that's just standard for a situation like that. The cops aren't going to send him into a murderers hands without surveillance. And, guess what? Yep. Wires like that are admissible in court. Sorry, but I know you want to be right, but in this case you lost.
shareInvited? Where is the invitation note? Trespass is more like it. The fact that he went with a wire with intent to record is all the proof you need for entrapment. Nothing before or after matters. And is liable for a major lawsuit which would make the state do anything and everything to drop such a suit and hugely embarrassment. This isnt a drug bust. This is a huge attempt to try to gather evidence because their case is so weak that they are reaching badly for the sake of a movie. If Hopkins wanted to he could take out a gun and shoot Willy and there aint a damn thing the DA could do about it. Um, they did send him to a murderers house risking his life on a minute to minute hunch. All for a theatrical of a movie. Name when in the history has this happened and been successful. Since you like to keep up sources. I dare you to reach as far as you can and bring anything remotely like this.
shareNo, watch it again. Crawford invited Willy in. He even says "Com'mon in". Ugh, yeah, so when a snitch wears a wire to get a confession of a drug dealer, it's not admissible? That is incorrect. Wires are admissible, especially if someone is under investigation! And, with all the new evidence, and NEW charge of murder, the police had every right to wire up Willy, and try to get a confession of foul play from Crawford. Sure they didn't have a warrant, but that doesn't matter b/c Crawford invited Willy into his home that night. You can wiggle all you want, but I just loaded up the movie again, and sure enough, Crawford invited him. The cops are not going to send someone into a murder scene like that with the potential murderer without some sort of surveillance in case things go bad.
shareUh, they did just do that. He couldve been armed so he couldve killed him. Sorry but a wire or a late second break-in wasnt going to save him. Evidence doesnt equal conviction and they werent going to risk the life of a white lawyer for more evidence. It is strictly forbidden for an opposing lawyer to contact the prosecutor. It is even WORST! Against the law for him to contact him to try to get
a confession. It is badgering, harassment, unethical. The police dont make the law. Just because they have what they think is evidence doesnt mean He Will Be convicted. Crawford can say whatever he wants. The wire couldve been scratched or not heard what he said plus him deny it. Just saying it doesnt make it 100% truth. He could say a number of things why he let him and why what he said is meant to be confidential and not a confession and why this is harassment. Any of a million reasons to throw this in the garbage. No police force would even consider to this stunt. Crawford isnt a drug dealer. And they are going to his house, invading his privacy, and entramping him on a dead case. Wily is a lawyer not in an informant and no amount of evidence can the police pile up to invade privacy and try to manipulate a confession. Thrown out without even a sight.
You can struggle all you want, but maybe Willy volunteered to be wired, and see if he could get invited. He probably knew Crawford would gloat, and so of course he would want the recording. When you are a murder suspect, that is even worse than being a suspected drug dealer, so the police would definitely be on board. Remember they are going to be putting him in front of a jury, so all the evidence they can pile up the better. Once the jury hears that recording of Crawford gloating about murdering his wife, they will be swayed. The new case is far from dead since it's not the old case anymore. Now it's a new case. You need to understand that. Murder is NOT attempted murder. Attempted murder, no one dies. That is a huge difference. All the lawyers in the world will never help Crawford. That is why he tells Willy to get the F out of his house when he knows he's pinned. And, when he sees all the cops outside the door, he knows he was surely recorded as that is protocol.
shareAgain, you have no idea how illegal and tampering and unethical this all would be. For his prosecutor to look for him with a wire and go to his home. He’d be penniless and be lucky if he could get a job on McDonalds and not behind bars. The entire police force would go broke on the massive lawsuit Crawford would put. It’ll be international news. Nothing like this would ever happen and like I said before cite me a source. You’d wish to find one.
No lawyer or police force is ever going to waste their time on a guess especially if they lost the case already. Crawford could gloat because he could. He beat the case and was in his own house when he said it. Nothing could stop him from gloating. If Wily actually had a strong case he wouldve had him arrested again but because he had nothing he needed a reach. Some phoney made up confession. The police to be on board would need the approval of the D.A. And after their brutal lost you’d got to be kidding me that ever want to see Crawford again.
His recording is immiscible. He didnt know he was being recorded. They had no right to record, no warrant, he doesnt have to agree to it in court, thrown out.
The old case and the new case is the same. About him murdering his wife. If the old case has nothing to do with it then they will have to bar all the previous case evidence with it and with that they still got no case. If they use anything from the previous it falls under double jeopardy which he cant be tried again. Even the gun, he can say it wasnt his and it was tampered with. With all the crap they messed up with who wouldnt believe him? The fucking cop fucked his wife. They lost all credibility including the courts. You can still kill somebody and it fall under attempted murder on a technicality or small detail. Hell, it doesnt have to be called murder. But it’s all the same thing. If he knew he was pinned why did he have a buffet of laywers and didnt just plea guilty? He told him to get the fuck out cause he didnt want to see his stupid face anymore.
You remind me of a fish out of water, thrashing about. Like Crawford when he told him to get the fuck out of his house. So smug, and know it all until Willy brought up the new gun evidence, and the new charges. No, if Willy never brought that up, Crawford would have remained smug, and enjoyed his gloating. He would have gloated all night to Willy. But, the moment he was pinned, he got pissed, and kicked Willy out. Go watch the scene again. THAT is how it happened, and not your distorted memory. No, just like any wire recording pinning a drug dealer that has evidence already against them, Crawford's confession is perfectly legal since they had this new gun evidence against him. Do you really think they have to tell the drug dealer he's being recorded in order for that recording to stick in court? If so, you'd make a terrible undercover, and get yourself shot in 2 seconds! Hahaha!
Double Jeopardy clearly makes exceptions for murder cases when new evidence arrives, and attempted murder is in an entirely different class than murder. You cannot say they are the same when in one case the victim lives, and the other they do not. I can't think of a bigger difference between life and death, and that's because there is nothing more different.
They DID arrest Crawford, and had enough to arrest him even without the wire confession. That's why they were all standing outside his door. Crawford was leaving in cuffs regardless if he confessed or not. The gun is the "new" evidence on "new" charges, and the confession is just the cherry on top.
Of course he knew he was pinned, but why not try with the buffet of lawyers? He's old anyhow, so even if he plea bargains it down, he's still going to likely die in prison. He may as well go down swinging.
My guess is the grounds keepers all testify that he was the only one in the house with her, and no one else left. They are not going to be scared of retribution from him since he's not some mobster; Just a rich fat cat
Theres a time for everything and Crawford had had his fill. He couldnt expect him to ask him to sleep over. Had he knew he was “caught” he wouldnt have kicked him out as there is no point. You cant compare a wiring of a drug bust to a double jeopardy case of a rich white man in his house. Wiring usually happens for months on end of research and not in a mans house especially from the prosecutor. Do you really think they’re going to wire Willy a white failed lawyer to ambush Crawford? A White rich working man?
I dont know if you noticed but a lot of the drug busts do get dropped cause of wiring because it is so illegal and so hard to get approved. That alone will not guarantee a conviction. Had it been so simple all the cartels would be in jail by now. Drug busts are usually low level sellers who cant afford proper defense. You fail to understand that double jeopardy doesn’t necessarily have to be the same exact case twice but also anything similar to it. They cant just try the guy endlessly till they get him. That’s badgering and harassment not to mention quite expensive which can not be pursued if they failed already and lost so many millions to this mad man.
Had they had enough to arrest before the wire believe me they would’ve arrested him. Why would you risk the life of a lawyer, waste time and money of law enforcement, and jeopardise the case if its you have an open and shut case? Because they dont have him and are throwing a hail mary with the wire. Which with a good lawyer would be ripped to shreds. Well Crawford doesnt have awareness, security, dogs, cameras, neighbours to alert him there is an entire squat outside his door peeping. Get real. Only in fiction. Wily shows up and he doesnt suspect nothing, doesnt hear nothing, doesnt see nothing and starts blabbing for no reason and the police are not desperate? Hehhhahhahaa. The gun has to be proven Crawford had it for it be admissible and still prove how it wouldnt fall under double jeopardy which would be impossible to do. He got the buffet because it was a new strategy and didnt want to deal with the same mess himself again. Had Wily and the DA actually been really good they wouldve had him the first time but because they are totally and utterly incompetent he slipped by so they are just trying to make amends from the first fk up. But guess what. Too little too late. Had the film been just like you said it would’ve given the verdict. But it didnt. I wonder why. He wouldn’t serve a day. If oj could get away so can Crawford and your “guess” wouldnt be worth a damn in a case. She wouldnt testify. Even if she wanted to. Crawford would make sure of that. He already killed his wife and made a mockery of the court system. He doesnt have much time left what would he have to lose if he decides to kill them? He could obviously be out on bond and with that he could just disappear never to be found again.
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