MovieChat Forums > Broken City (2013) Discussion > Can a man be tried for murder twice?

Can a man be tried for murder twice?


In the beginning of the film, the judge declares Taggart "not guilty" because there is a lack of evidence (which has been stolen by the mayor). How, then, does Taggart end up going to jail for that crime? Even with new evidence, double jeopardy would prevent Taggart from being tried or put in jail. I don't get it.

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You can not be convicted of the same crime twice in the United States, but in the movie the judge dismissed the case (at the time) because there was not enough evidence to go to trial (he never went to trial).

However, with "new" evidence a judge can say that now the prosecution has a strong enough case and send him to trial.

A jury of your peers decides if you are guilty or not (not a judge).

A Judge can only determine if the prosecution's case is strong enough to send some to trial (and not waste taxpayers time and money on a case with no grounds).

For example, if someone is accused of murder, but there is no evidence, no witnesses and no confession, there is no point of even having a trial because there is no way to prove their guilt beyond all reasonable doubt (and in the USA you are innocent until proven guilty), so a judge will most likely dismiss the case and prevent it from ever going to trial, until you have at least one of those three things.

Hope this made things clearer.

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Could William be sentenced to death for murdering the presumed rapist and murderer?



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Short answer No.

The New York Supreme Court declared part of the state capital punishment statute unconstitutional in 2004, and upheld their decision in 2007. The New York legislature has not acted to reinstate the penalty or amend the law.

In other words, New York (where the movie took place) no longer enforces the death penalty (although they have been trying to re-instate it unsuccessfully).

At the end of the day its for the jury to decide if he's guilty or not. Honestly the evidence they have is very week (7 year old tape with bad quality) and may even be dismissed from being used in court. Even then, the tape alone is not enough, you would also need the eye witnesses to testify (but it was several years ago and they may not remember the events clearly or may not want to testify).

Honestly, with a good enough lawyer, he may actually walk away free (unless he confesses and pleads guilty from the start).

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Thank you for your answer.

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No problem mate, not everyone here is a troll (although I have to admit trolls do make these boards very entertaining sometimes).

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He was a cop. So even having him on video blatantly executing someone will probably not be enough to get a conviction...

For us peasants, no evidence is needed. We're guilty unless proven innocent.
And good luck proving innocence when the government can manufacture evidence and call it science. (e.g. Google "bite mark evidence" "arson science" "hair analysis")

They just invent random crap, call it science, and use it to frame innocent people. Ask Cameron Todd Willingham.

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Wait so you can be brought up on charges again (double jeopardy) even if your case never makes it past the grand jury? Thats pretty messed up. Is a grand jury not considered a trial all of a sudden dispite the fact that people retain laywers by this point they can be charged again?

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A grand jury is not a trial jury. They just determine whether enough evidence exists to warrant a trial or not. Not being indicted by a grand jury at one point does not preclude being indicted for the same crime if more evidence is obtained. Double jeopardy applies once the accused is found innocent in a trial court by a petit jury.

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Double jeopardy clause does not exist anymore...

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Not true.

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Well, in one sense it sort of never did. We have a dual sovereignty system, so if the state fails to make a drug case against a person, then feds can step in. Technically, you're being tried for "different" crimes -- violating state drug laws vs. violating federal drug laws. The Supreme Court has consistently upheld this system.

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