Nutcase murders 12 people in Colo theater, gets charged with *24* counts of murder 1?

[Little-Acorn]

I'm glad he's been charged. If he's found guilty (does anyone believe he's not?) he deserves a short drop and a sudden stop, maybe more than anyone in recent history in this country.

But... 12 bodies, 24 counts of murder? And he seems to have gotten 2 counts instead of 1 for every other crime, too, some 140+ counts for 70 people killed and injured, plus a few for bombs etc.

Is my math off here? Or is the prosecutor's math off?

Why 2 counts for every crime?

[jimnyc]

I was just going to respond with - what is their reasoning for the double up, but looks like you don't have the answer yet either. Gonna have to peek around now, that's odd...

[jimnyc]

Here seems to be the first official article, but says they haven't broken down the charges yet.

http://apnews.myway.com/article/20120730/DA0BBA7G2.html

[jimnyc]

Just found this in an article:


The murder charges included one count of 1st degree "murder with deliberation" and another count of 1st degree murder of "extreme indifference to the value of human life" for each victim.

http://usnews.nbcnews.com/_news/2012/07/30/13033501-james-holmes-charged-with-murder-in-colorado-theater-shooting

[Little-Acorn]

Just heard a radio report saying the reason for two counts for each crime, was to "broaden the options" for prosecutors as the legal system proceeds.

Hmmm.

Why does the phrase "double jeopardy" come to mind? Although I guess that's not really what this is.

At first, I had the reaction that this is a way for people to say the nutcase didn't get a fair trial - look at this two-counts-for-each-crime nonsense.

And I'm still having that reaction, some.

[Kathianne]

Just heard a radio report saying the reason for two counts for each crime, was to "broaden the options" for prosecutors as the legal system proceeds.

Hmmm.

Why does the phrase "double jeopardy" come to mind? Although I guess that's not really what this is.

At first, I had the reaction that this is a way for people to say the nutcase didn't get a fair trial - look at this two-counts-for-each-crime nonsense.

And I'm still having that reaction, some.



I thought in general there are as many charges filed as possible, simply to give choice to the prosecutor on how to proceed as the case and defense develop. I know that the juries are often given a variety of decisions they can find guilty of, such as choosing a lower than 1st degree count or whatever.

Double jeopardy only comes into play after a decision has been reached and then 'new evidence' turns up showing the defendant was guilty, same charges can't be brought again-even with the new evidence.

[gabosaurus]

It's apparently a legal maneuver in case Holmes' defense team tries an insanity defense.


Denver attorney Daniel Recht said the different counts are an advantage to prosecutors because, if a jury were to acquit Holmes under one theory, Holmes still might be convicted under the second theory. Extreme indifference, Recht wrote in an e-mail, is "arguably a much easier mental state for the prosecution to prove."

http://www.denverpost.com/breakingnews/ci_21191265/hearing-underway-man-suspected-killing-12-aurora-theater