this post was submitted on 26 Dec 2024
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[–] [email protected] 1 points 18 hours ago (1 children)

Sure, a conviction can be overturned, but what I'm pointing out here is that it doesn't have to be in order to convict somebody else for the same crime.

[–] Madison420 1 points 18 hours ago (1 children)

Sure. But you said there isn't a mechanism for it, there clearly is.

[–] [email protected] 1 points 18 hours ago (1 children)

And there isn't. If prosecutors file a new case against a second person for the same crime, and get a conviction, there's no mechanism by which that second conviction overturns the previous conviction. Depending on the circumstances, the first person convicted may not even have grounds to have their case brought before a court to be re-examined.

[–] Madison420 1 points 17 hours ago (1 children)

Automatically? No, almost nothing but enhancements are automatic.

What I hear you saying it is not just possible but probable.

[–] [email protected] 1 points 15 hours ago (1 children)

Then I don't know what I can say more clearly. If they convict Mangione, and the real killer confesses, they can convict the real killer, too. They wouldn't even have to free Mangione to do it.

[–] Madison420 1 points 14 hours ago

They can't in this case.

In your example they essentially used the same basis as felony murder (which I don't agree with but whatever) in that they do not know who did pulled the trigger and made the enhancements threat but there's no argument both were there.

In this case there's only one person there during the shooting and that's on video, it physically and logically could not be two people and therefore two convictions are unlikely to hold.