Has anyone seen the movie Double Jeopardy?

[CoolTech]

Has anyone seen the movie Double Jeopardy?

I have a question for all you law gurus. A couple years ago, my law professor said the premise of this movie is a farce. Ashley Judd's character was convicted of killing her husband, she cant be convicted of killing him twice. But, if she killed him again, it would be under different circumstances, which makes it in essence a different murder. It will have a different motive, evidence, witnesses, etc. For this reason the double jeopardy law does not apply. Does anyone know who is right? The movie or my professor? or does it depend on the state? If my professor is right, then why would Hollywood so blatently disregard the law?

 

[OrganizedChaos]

i think the reasoning goes something like this: the first trials conviction makes her husbands death a fact. so if it were to go to trial again the defence could argue that since he was already dead his life cannot be taken. and if his life wasn't taken he couldn't have been murdered.

 

[machintos]

Originally posted by: OrganizedChaos
i think the reasoning goes something like this: the first trials conviction makes her husbands death a fact. so if it were to go to trial again the defence could argue that since he was already dead his life cannot be taken. and if his life wasn't taken he couldn't have been murdered.

I agree...

 

[Jzero]

Plotwise, the movie was pretty crappy. I wouldn't worry about the legal technicalities of such a film.
Thank god for Ashley Judd.

 

[CoolTech]

bump

 

[ohtwell]

I really liked that movie!


: ) Amanda

 

[RossMAN]

Originally posted by: Jzero
Thank god for Ashley Judd.

Damn straight.

 

[rgwalt]

Well, even though she served the time for killing her husband the first time around, it doesn't change the fact that she murdered SOMEBODY the second time around. I don't really know what would happen, I'm not a law student or a lawyer. However, I doubt they would let her off.

Ryan

 

[Ryan]

One of my teachers explained it to me like this: Whenever the official charge is given to the person, say for the murder of someone, they always include the date and time of the accused murder in the charge.

Charge #1 "Fine Honey murdered frumpy husband on the night of September 5th at 7pm, 2002"

If it turned out that it really didn't happen, and she wanted to kill her husband after she got out of jail, her second charge would read as follows:

Charge #2 "Fine Honey murdereed frumpy Husband on the 4th of July, at 10am, 2003"

Including certain info like the time, etc, prevent the person from using the double jeopardy laws in their favor. They are different charges with the inclusion of the dates in the charge.

 

[NikPreviousAcct]

The double-jeopardy law states that once a person is acquitted of a specific crime, they cannot be tried again for that same crime ever again. The movie is bogus and your professor is correct. The second time around would be considered a different murder and she could be tried and imprisoned for it.

 

[XZeroII]

since we are on the subject, I would like to bring up the movie Back To The Future. Now, I was talking to a professor of mine in theoretical astrophysics and flux capacitance and he told me that the delorian would need to go at LEAST 97.53 MPH in order to travel through time. Who is right? My Professor, or hollywood?

 

[ohtwell]

Originally posted by: XZeroII
since we are on the subject, I would like to bring up the movie Back To The Future. Now, I was talking to a professor of mine in theoretical astrophysics and flux capacitance and he told me that the delorian would need to go at LEAST 97.53 MPH in order to travel through time. Who is right? My Professor, or hollywood?

Hollywood of course! Duh!!


: ) Amanda

 

[hdeck]

ashley judd is the only good thing to come out of kentucky in years

 

[XZeroII]

Originally posted by: hdeck
ashley judd is the only good thing to come out of kentucky in years

[George Washington]We had quitters in the revolution too, we called them Kentuckiens!

 

[CoolTech]

Originally posted by: XZeroII
since we are on the subject, I would like to bring up the movie Back To The Future. Now, I was talking to a professor of mine in theoretical astrophysics and flux capacitance and he told me that the delorian would need to go at LEAST 97.53 MPH in order to travel through time. Who is right? My Professor, or hollywood?

funny, but the law is a lot more definitive than time travel

 

[OrganizedChaos]

Originally posted by: CoolTech

Originally posted by: XZeroII
since we are on the subject, I would like to bring up the movie Back To The Future. Now, I was talking to a professor of mine in theoretical astrophysics and flux capacitance and he told me that the delorian would need to go at LEAST 97.53 MPH in order to travel through time. Who is right? My Professor, or hollywood?

funny, but the law is a lot more definitive than time travel

since when?

 

[OrganizedChaos]

Originally posted by: rbloedow
One of my teachers explained it to me like this: Whenever the official charge is given to the person, say for the murder of someone, they always include the date and time of the accused murder in the charge.

Charge #1 "Fine Honey murdered frumpy husband on the night of September 5th at 7pm, 2002"

If it turned out that it really didn't happen, and she wanted to kill her husband after she got out of jail, her second charge would read as follows:

Charge #2 "Fine Honey murdereed frumpy Husband on the 4th of July, at 10am, 2003"

Including certain info like the time, etc, prevent the person from using the double jeopardy laws in their favor. They are different charges with the inclusion of the dates in the charge.

either way i'm sure she could get off with just time served

 

[CoolTech]

Originally posted by: OrganizedChaos

Originally posted by: CoolTech

Originally posted by: XZeroII
since we are on the subject, I would like to bring up the movie Back To The Future. Now, I was talking to a professor of mine in theoretical astrophysics and flux capacitance and he told me that the delorian would need to go at LEAST 97.53 MPH in order to travel through time. Who is right? My Professor, or hollywood?

funny, but the law is a lot more definitive than time travel

since when?

since time travel has never been done, our law is based on precedence and logic, not fairy tales like time travel which may happen in the future but has yet to occur

 

[MartyMcFly3]

Originally posted by: XZeroII
since we are on the subject, I would like to bring up the movie Back To The Future. Now, I was talking to a professor of mine in theoretical astrophysics and flux capacitance and he told me that the delorian would need to go at LEAST 97.53 MPH in order to travel through time. Who is right? My Professor, or hollywood?

Hollywood. Don't ever question Doc Brown again...

 

[dethman]

that was such a bad movie.

 

[PingSpike]

That movie was terrible...she kept bragging to him all the time that she could kill him and get away with it. I was like "Just fvcking do it already!" throughout the whole movie.

 

[flxnimprtmscl]

Originally posted by: FFMCobalt
The double-jeopardy law states that once a person is acquitted of a specific crime, they cannot be tried again for that same crime ever again. The movie is bogus and your professor is correct. The second time around would be considered a different murder and she could be tried and imprisoned for it.

That's bullsh!t. If you're going to spend time in prison for something you didn't do you should at least be able to get your moneys worth when you get out.

 

[DevilsAdvocate]

The plot was crap... she could be charged with it again because it was a different crime, in that it happened on a different date, time, with different circumstances.