I need to write a paper and the research I've done isn't helping. If the character that Ashley Judd plays was accused of killing her husband, and served the sentence for it, could she be tried again in a federal court?
2006-10-23 12:14:24 · 8 answers · asked by jigga 1 in Politics & Government ➔ Law & Ethics
No that would be a violation of US constitutional law. Double Jeopardy means that once you have been tried and acquitted of a crime you cannot be retried for that crime or a substantially similar offense in any court. In the case of a guilty verdict, retrials do occur when someone successfully appeals a legal error in the original trial. However, in the case of Ashley Judd's character there was no successful appeal, she was convicted and completed her sentence so double jeopardy applies and she cannot be retried in any court, state or federal, for the same or a substantially similar crime. (murder & manslaughter would be substantially similar crimes) However, she could be tried for other crimes committed during the killing of her husband, like possession of a firearm by a convicted felon, for example. Also, double jeopardy does not apply in the event of a hung jury or a mistrial requested by the defense since the result is that no verdict has been reached. In those instances, the defendant can be retried on the original or a substantially similar charge. Also, double jeopardy only applys in criminal cases it has absolutely nothing to do with civil cases.
2006-10-24 05:40:08 · answer #1 · answered by Anonymous · 0⤊ 1⤋
The movie "Double Jeopardy" could actually happen in real life. In actuallity, It has happened before. Just like the title of the movie, Double jeopardy (also called "autrefois acquit" meaning "already acquitted") is a procedural defense that forbids a defendant from being tried a second time for the same crime. At common law a defendant can plead autrefois acquit or autrefois convict; meaning the defendant has been acquitted or convicted of the same offense previously. You can't be tried twice for the same crime. The Fifth Amendment to the U.S. Constitution: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb."
2006-10-23 19:21:50 · answer #2 · answered by PSUDrewski 1 · 1⤊ 0⤋
No, the law states that someone cannot be punished for the same crime twice. However, I don't think the movie is accurate because while she was punished for killing her husband even though she didn't, after she gets out of prison and looks for revenge, she is committing murder on someone, which is illegal. I don't think that she would be able to walk free if this happened in real life.
2006-10-23 19:22:10 · answer #3 · answered by Existence 3 · 0⤊ 1⤋
NO. She has been tried, convicted, and served time, even though she hadn't actually killed him. That is the law. She really could go ahead and kill him in the end and she could not be tried twice.
She could go to a civil trial for wrongful death. That is a different crime.
2006-10-23 19:23:10 · answer #4 · answered by Phoenix, Wise Guru 7 · 0⤊ 1⤋
You can be tried criminally and then again in civil court and then again for civil rights infringement.
Different levels of government can charge the same person with the same crime under different categories.
2006-10-23 19:24:18 · answer #5 · answered by marnefirstinfantry 5 · 0⤊ 1⤋
it have happen many time
2006-10-23 19:16:27 · answer #6 · answered by ? 6 · 0⤊ 1⤋
no
2006-10-23 19:17:13 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, she cant.
2006-10-23 19:21:36 · answer #8 · answered by KT 3 · 0⤊ 0⤋