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Essay Double Jeopardy

Double Jeopardy Summary

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In the movie, Double Jeopardy, Libby Parsons, played by Ashley Judd, and her husband Nick, Bruce Greenwood, go out on a weekend sailboat trip. During the night, Libby wakes up finding herself alone and covered in blood. As she gets up to search for her husband, all she finds is more blood all over the boat and a bloody knife on deck. As the investigation is underway, Libby is charged with her husband’s murder. It is found that Nick and she had two million dollar life insurance policies. This is used as a motive and Libby is convicted of his murder. As Libby serves her time in prison, she entrusts her friend, Angela, Annabeth Gish, with her son. Over some time, Libby finds out through a phone call to Angela and Matty, Benjamin Weir, that Nick had staged his own death and was still alive. After serving six years in prison, she is released on parole. She violates her parole and through her own investigation finds out that Angela is dead and that her husband lives in New Orleans under a new identity. By skipping town, her correctional officer Travis Lehman, played by Tommy Lee Jones, is on her trail. He finds out what she is after and teams up with the local police to track her down. Once in New Orleans, Parsons finds the new Jonathan Deberaux and lets him know that she found him. She tells him that all she wants is her son and he agrees. He sets her up, however, at the cemetery by pretending that her son is there, but he knocks her out and puts her in a casket in a catacomb. Travis finds Libby after she escapes but instead of taking her in, he helps her to finish what she was there to do. He goes back to question Jonathan one last time about why Libby may want to find him, but instead tapes him when he says that he buried her and that there was nothing left to worry about. Libby comes into the room and demands her child again with a gun in her hand. Jonathan tries to get her to put it down by asking her if she wanted to serve time again. She tells him, however, what she learned in prison from an inmate. As the conversation heats up, Libby’s husband shoots Travis, but Libby kills Mr.

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Deberaux instead. At the end of the movie, she is pardoned from her parole because of the fact that she had been framed and reunites with her son, Matty.
     During her time in prison, Libby’s inmate makes her aware of her constitutional rights. She talks to her about the Fifth Amendment of the constitution. She explains it to her to help her out to get through her sentence. The Fifth Amendment states that no person can be convicted of the same crime twice. Since Libby Parsons had already been charged, tried, and convicted of her husband’s murder, even though she had actually been framed, if she were to track him down and kill him in order to get her son back, she wouldn’t be able to be sentenced for it again.

Essay on Double Jeopardy - the 5th Amendment

1179 WordsSep 13th, 20105 Pages

Constitutional Law
Unit 8: Double Jeopardy
Jesely Rojas
July 13th, 2010

“The 5th Amendment is an old friend and a good friend, one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized.”
William O. Douglas

Prepare a paper analyzing why, under certain circumstances, two state trials in two different states for the murder of the same person will not violate the Double Jeopardy Clause of the U.S. Constitution. Also, analyze why, under certain circumstances, a state trial and a federal trial may be held for the murder of the same person without violating the Double Jeopardy Clause of the U.S. Constitution. As part of this assignment, you should conduct legal research to support your analysis of…show more content…

The double jeopardy rule would prevent the state government from subsequently prosecuting and trying that same person for that same crime. As a general proposition, the Double Jeopardy Clause applies only to criminal cases and consists of three separate constitutional protections. First, it protects against a second criminal prosecution for the same offense after absolution. Second, it protects against a subsequent prosecution for the same offense after conviction. Finally, it protects against multiple punishments for the same offense. In Palko v. Connecticut (1973), the U.S. Supreme Court rules that double jeopardy protections do not extend to defendants in state criminal trials. The court says that while some fundamental rights, such as free speech, apply to states through the 14th Amendment, double jeopardy protection is not one. Double Jeopardy clause suggests that the framers would not have accepted the dual sovereignty doctrine. The premise of the dual sovereignty doctrine, and the reason the Court was able to avoid balancing all of the interests involved, was that successive prosecutions in different jurisdictions are not defined as the "same offense," so the Double Jeopardy Clause is bypassed. In Hudson v. United States (1997), the U.S. Supreme Court rules that it does not violate the double jeopardy clause to criminally prosecute

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