Retrial after an acquittal
Retrial after a conviction
Retrial after certain mistrial
As assigned, I watched the movie Double Jeopardy, starring Ashley Judd and Tommy Lee Jones. Before watching the movie, I wrote on my notepad, “Would the double jeopardy clause of the Fifth Amendment protect Libby if she killed her husband?” After the movie ended, I sat and thought for a while, then scribbled down these words, “Libby was convicted of a crime that didn't happen”. I then read the Fifth Amendment and studied more on the subject of double jeopardy. Libby was tried for the stabbing death of her husband while out sailing. The jury found her guilty of this particular crime and sentenced her to prison. Fast forward 6 years, and Libby is released on parole. She discovers that her husband had faked his own death for fraudulent insurance purposes. She tracks him down, eventually killing him with a fatal gunshot. We are led to believe that she is protected by the double jeopardy clause. Let me remind the reader of the clause. “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”. Was it the same offence that Libby committed?
An important and integral case, Blockburger v. United States, 284 U.S. 299 (1932), was a case in which the Supreme Court of the United States set an important standard to prevent double jeopardy. (Wiki). In this drug case, the defendant made several illegal drug sales to the same person. His defense attorney arfued that because it was the same offense, the defendant should only receive punishment for a single crime, citing that it was the same offense. However, the presiding judge stated that although the offense was the same, the offenses were committed on different days and at different times, thus m
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