Saturday, April 18, 2015

No Alissa's case is NOT double jeopardy WHEN Christy IS Charged with Alissa's Homicide


So many people claim that a murder or homicide charge could not be sought after for Christy Shaffer because of this double jeopardy clause. It was stated that Judge Vanderbeck effectively set the sentence up so the double jeopardy clause could be used to prevent further charges being placed on Christy Shaffer. My personal belief is that is what he and others, more likely than not, wanted everyone to think in hopes that a new and completely different charge would never be pursued. Army, please refer to the photo of the definition of double jeopardy. The definition CLEARLY states that double jeopardy forbids a defendant from being charged with the same or similar charges as the one or ones they were convicted of or acquitted for. Take the O.J. Simpson trial for example. The trial of the 90's decade! Even though basically everyone in the free world knew he was guilty of murder. He was acquitted on charges of murder. Because of the acquittal on those murder charges, O.J. Simpson can never again be tried for murder. In Alissa's case, Christy Shaffer was charged with two counts of neglect of a dependent. One count was a class B felony and the second count was a class C felony. Please refer to the photo differentiating the classes of felonious neglect of a dependent. Christy Shaffer was originally charged with one class B felony which, per Indiana law, entails that (a) A person having the care of a dependent, whether assumed voluntarily or because of legal obligation, who knowingly or intentionally:
(1) places the dependent in a situation that endangers the dependents life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support;
And results in serious bodily injury. Christy was also originally charged with a class C felony neglect of a dependent which also consists of (a)(1), (a)(2), or (a)(3), but results in only bodily injury. The plea bargain that Christy took was that the class C felony charge would be dropped, in exchange for her guilty plea to the class B felony for failing to seek medical attention for Alissa in a timely manner. Please do not overlook that this charge DID NOT reflect that Alissa had DIED from what was inflicted upon her!!! Prosecution would NOT be legally able to seek neglect charges against Christy, for Alissa's case, again. HOWEVER, per the definition of double jeopardy, a homicide or MURDER charge would not be the same or even close to the same ballpark as neglect!!! So therefore, double jeopardy could not apply. Nowhere in that definition does it state that a brand new, altogether different charge couldn't be sought after. Only the same or similar charges.

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