ipl-logo

The Double-Jeopardy Clause Of The 5th Amendment

287 Words2 Pages

In the 1999 film Double-Jeopardy starring Ashley Judd and Tommy Lee Jones the “Double-
Jeopardy” clause of the 5th Amendment was questioned with a particular circumstance. In the movie, the lead character Libby has a great life with her husband and young boy. The husband recently had a business success and bought a yacht to celebrate. After a long night on the water with the family Libby passed out drunk from too much wine. When she wakes she is covered in blood and finds a knife next to her. Soon after she is arrested by the coast guard and found guilty for the murder or her son and husband by circumstantial evidence. She soon later finds reason to believe her husband left with her son for another woman and set up the whole thing. When Libby is in jail she meets someone who tells her that if she is already convicted for the murder of her …show more content…

When Libby is released from jail her soul mission is to kill her husband and take revenge all within protection of the “Double-Jeopardy” clause of the
5th amendment of the Constitution.
I do not believe the “Double-Jeopardy” clause would apply for this circumstance. I take this stance because if Libby killed her husband in broad daylight she would be committing a different crime. The crime committed on the boat and the one committed in broad daylight (if she would have killed him) would be two separate crimes therefore the “Double-Jeopardy” clause would

not be applicable. The clause states that you cannot be convicted for the same crime twice. Since these two instances are in different places and times they are not the same

Show More
Related

  • First Degree Murder Case Study

    225 Words  | 1 Pages

    If I were a juror in this case, I would find Janice Leidholm guilty of first degree murder. In order to meet the criteria of first degree murder, premeditation and deliberation must be needed. Although she was abused by her husband, it is not considered as self-defense because he was sleeping when she killed him. However, is she actually deserves to be found guilty of first degree murder?

    Read More

  • Court Case Of Uloma Walker-Curry And Cleveland Fire Fighter

    569 Words  | 3 Pages

    Uloma Walker-Curry and Cleveland Fire Fighter Lt. William Walker were newlyweds, married just four months before the husband was shot to death in front of their home as the wife was packing up to move into their new house. The new wife was facing financial problems, being tens of thousands of dollars in debt at the time her husband was murdered, and her new husband's life insurance became more appealing to the woman then the man himself, according to CBSNews. Walker-Curry turned to her 17-year-old daughter in 2013 to hatch a plan to collect the $100,000 by having Walker killed instead of spending happily-ever-after with him.

    Read More

  • Essay On Disparity In Sentencing

    1248 Words  | 5 Pages

    “As a result, the sentences imposed by judges within the same jurisdiction will not

    Read More

  • Double Jeopardy Clause In The Fifth Amendment

    258 Words  | 2 Pages

    The Double Jeopardy clause in the Fifth Amendment protects people from being tried for the same case multiple times. An example of this is if someone is being tried for murder and is found not guilty by a jury, that person cannot be tried again with a different jury until they are found guilty. In the film Double Jeopardy they set the precedence that if Libby kills her husband at the end of the movie, she couldn't be charged with murder because she had previously been tried and convicted of his death. Unfortunately the double jeopardy clause would not protect her.

    Read More

  • Knox Pros And Cons

    1622 Words  | 7 Pages

    In order to charge Knox with murder, the defense should have raised a case against Mrs. Knox based on a conspiracy tactic. This would have convicted Knox for killing and Mrs. Knox for conspiracy to murder and obstructing justice. Over the years, legal television shows have been an important

    Read More

  • Double Jeopardy Clause To The Fifth Amendment

    247 Words  | 1 Pages

    The textbook defines the Double Jeopardy Clause as: “A clause to the fifth amendment to the U.S. Constitution that protects persons from being tried for the same crime twice”. When this definition is applied to the plot of the movie Double Jeopardy I believe that Libby, the main character, would be protected by this clause. Libby was already found guilty of her husband’s murder even though she was set up. So when she is let out on parole years later and sets out to find him she is protected under this clause. The main idea is what protects her, she has already been found guilty for the murder of her husband so she can commit the murder without being tried for it.

    Read More

  • Arthur Shelby's Relationship With His Slaves

    1451 Words  | 6 Pages

    When she overhears Mr. and Mrs. Shelby talking about Mr. Shelby selling her son to Mr. Haley

    Read More

  • US Supreme Court Of Law: The Exclusionary Rule

    81 Words  | 1 Pages

    The exclusionary rule is “based on U.S. Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial.” This corresponds with the fourth amendment because it protects us from unreasonable search and seizure from police. So, if police would find something incriminating evidence during an unreasonable search and seizure, it would not go through in the court of law hence the word “Exclusionary rule.”

    Read More

  • The Role Of Guilt In Susan Glaspell's A Jury Of Her Peers

    983 Words  | 4 Pages

    Do you know that most women who are in prison for murder are there because they killed their husband or boyfriend? In Susan Glaspell’s story “A Jury of Her Peers,” two women follow their husbands and an attorney to the home of the Wright’s where the farmer, John Wright, who was hanged to death by a rope in the bedroom. It is to believe that Minnie Foster Wright was the one to cause the murder of her husband as the men try to find clues to the cause of the crime, but what if Mrs. Wright was the victim that caused her to commit the murder? Although Mrs. Wright did kill Mr. Wright, she is not entirely responsible for it by the fact she is “merely the arm of justice ( Bendel-Simso).” The isolation and loneliness in her home, the domestic violence from her husband, and the loss of her pet canary

    Read More

  • What Are The Constitutional Amendments In The Movie Fracture

    1559 Words  | 7 Pages

    Fracture is a movie that focuses on the court proceedings of an attempted murder trial and emphasizes the legal aspects of this event. In the film, there are several instances in which the Constitutional Amendments are used in the movie as positive or negative rulings in the court. Because this is a movie follows a complex court case, it is an excellent source for these Constitutional Amendments and provides a multitude of examples to accurately represent the commonly used amendments in trials and arrests. This movie focuses primarily on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution, as well as the basic concepts of criminal justice.

    Read More

  • Argumentative Essay: The Murder Of Mr. Stephens

    548 Words  | 3 Pages

    Ladies and gentlemen of the jury, you are here because one person in this courtroom decided to take law into her own hands. The defendant, Mrs. Dominique Stephens, murdered the man that she vowed to love. This sole act by the defendant is violation of all morals and her husband’s right to live. Afterwards, she even felt guilty about this violation of justice and called the cops on herself, and she later signed a written statement stating that she is guilty of the murder of Mr. Donovan Stephens. Then the defendant later recanted this statement and said that she only killed Mr. Stephens in self defense.

    Read More

  • Prison Releasee Reoffender Act (PRA)

    972 Words  | 4 Pages

    He appealed his conviction and sentence to the Fourth District Court of Appeal and they affirmed that the Act does not violate any constitutionality challenged the defendant. Facts 1. The defendant committed to serve time for certain crimes and he was prison released in August 1996. 2.

    Read More

  • Double Jeopardy In Criminal Law

    367 Words  | 2 Pages

    Double jeopardy is followed by the 5th admen dent which is said in the book principal of criminal law as, " shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Though for double jeopardy to apply the prosecution has to be for the same crime, never a different one involved. Another way double jeopardy does not apply is when a case has been reversed on appeal and when a mistrial is recorded due to any valid reasonings. So in the book principals of criminal law the it gives us an example for when double jeopardy would not apply. You can say if a person was tried in a state court for robbing a bank and is found not guilty, that same person can later be tried in a federal court for robbing that bank because

    Read More

  • The Impacts Of A Good Man Is Hard To Find By Flannery O Connor

    876 Words  | 4 Pages

    The Impacts of the 1950’s as Seen Through “A Good Man is Hard to Find” The Southern setting in “A Good Man is Hard to Find” by Flannery O’connor influences the way the characters behaves based on the society in which the character lives. It has a heavy influence from the social environment of the 1950’s South and how is affects the main character the Grandmother versus the rest of the world. As seen by the nobility the Grandmother demands, the way the Grandmother looks down on race, and the overall morals the Grandmother has, Or lack thereof. The setting ultimately symbolizes everything the Grandmother says and does.

    Read More

  • Essay On Double Jeopardy

    1359 Words  | 6 Pages

    On the same lines section 300 of code of criminal procedure , 1973( hereinafter referred as cr.pc) provide protection against double jeopardy. It says:- The section embodies the common law principle contained in the doctrine of autre fois acquit and autre fois convict which means that if a person is tried and acquitted or convicted of an offence he cannot be tried again for the same offence or on the same facts for any other offence. This doctrine is also incorporated in Article 20 (2) of the Constitution.

    Read More

More about The Double-Jeopardy Clause Of The 5th Amendment

Open Document