Would double jeopardy & collateral estoppel apply: Defendant is tried and acquitted of murder, then tried in same court for attempted murder?

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brettd eNotes educator| Certified Educator

I would need more specific information in order to answer this question as fully as I would like.

So to start, some legal definitions of the terms in your question:

1) Double Jeopardy - to be arraigned and put on trial a second time for the same charge.  This is illegal for the government to do.  For example, once OJ Simpson was acquitted for murder, he could not be charged with that crime again and tried a second time.

2) Collateral Estoppel is the prevention of someone being sued for the same issue that has already been ruled on.  So, for example, you take me before Judge Judy for hitting your car with mine, and I win the case, you cannot re-file another lawsuit for the same incident.

Murder and attempted murder are not the same charge.  To be charged with murder, someone had to first, of course, die.  If the trial on that murder charge results in an acquittal, the issue is permanently settled.  To then be charged with attempted murder means that a separate incident took place, another life was endangered because of the accused, but they did not die.  This can and probably would be held as a separate trial, a separate jury, a separate indictment.