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Clip Description After sailing for a weekend getaway with her husband, Libby Ashley Judd awakens to find herself covered in blood, and her husband is missing.

Movie Description Libby Parsons awakens to find herself adrift at sea, with her husband missing and her hands covered with his blood.

She's arrested for murder and loses everything, including her son. But while in prison, Libby finds out she's been framed. Now, the law of "double jeopardy" -- and the desire to kill her "late" husband for good -- is all Libby has left, even if it means outwitting her sympathetic parole officer.

The federal and state governments can have overlapping criminal laws, so a criminal offender may be convicted in individual states and federal courts for exactly the same crime or for different crimes arising out of the same facts.

As described by the U. Supreme Court in its unanimous decision concerning Ball v. United States U. With two exceptions, the government is not permitted to appeal or retry the defendant once jeopardy attaches to a trial unless the case does not conclude.

Conditions which constitute "conclusion" of a case include. In these cases, the trial is concluded and the prosecution is precluded from appealing or retrying the defendant over the offence to which they were acquitted.

This principle does not prevent the government from appealing a pre-trial motion to dismiss [63] or other non-merits dismissal, [64] or a directed verdict after a jury conviction, [65] nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute.

The "dual sovereignty" doctrine allows a federal prosecution of an offence to proceed regardless of a previous state prosecution for that same offence [70] and vice versa [71] because "an act denounced as a crime by both national and state sovereignties is an offence against the peace and dignity of both and may be punished by each".

The first exception to a ban on retrying a defendant is if, in a trial, the defendant bribed the judge into acquitting him or her, since the defendant was not in jeopardy.

The other exception to a ban on retrying a defendant is that a member of the armed forces can be retried by court-martial in a military court, even if he or she has been previously acquitted by a civilian court.

An individual can be prosecuted by both the United States and a Native American tribe for the same acts that constituted crimes in both jurisdictions; it was established by the Supreme Court in United States v.

Lara that as the two are separate sovereigns, prosecuting a crime under both tribal and federal law does not attach double jeopardy. In Blockburger v.

United States , the Supreme Court announced the following test: the government may separately try and punish the defendant for two crimes if each crime contains an element that the other does not.

The Blockburger test, originally developed in the multiple punishments context, is also the test for prosecution after conviction.

Corbin , the Court held that a double jeopardy violation could lie even where the Blockburger test was not satisfied, [82] but Grady was overruled in United States v.

Dixon The rule for mistrials depends upon who sought the mistrial. If the defendant moves for a mistrial, there is no bar to retrial, unless the prosecutor acted in "bad faith", i.

Retrials are not common, due to the legal expenses to the government. However, in the mids Georgia antique dealer James Arthur Williams was tried a record four times for the murder of Danny Hansford and after three mistrials was finally acquitted on the grounds of self-defense.

Research and Notes produced for the UK Parliament, summarising the history of legal change, views and responses, and analyses:.

From Wikipedia, the free encyclopedia. Legal defence that prevents an accused person from being tried twice on the same charges.

For the clause in the U. Constitution, see Double Jeopardy Clause. For other uses, see Double jeopardy disambiguation. Conviction Acquittal Not proven 3 Directed verdict.

Capital punishment Execution warrant. Imprisonment Life imprisonment Indefinite imprisonment Three-strikes law.

Criminal defenses Criminal law Evidence Civil procedure. Law portal. This section needs expansion.

You can help by adding to it. June April See also: Criminal Justice Act Main article: Double Jeopardy Clause. Rudstein Archived from the original on 10 January A History of English Law.

Cambridge: Cambridge UP. Council of Europe. Retrieved 31 March Victoria's double jeopardy laws to be reworked. Archived from the original on 22 March Retrieved 4 February The World Today.

Retrieved 16 October Attorney General Christian Porter welcomes double jeopardy law reform. WA the next state to axe double jeopardy.

Double Jeopardy Law Reform. Tasmanian Government Media Releases. Brisbane Times. Retrieved 2 January German Law Journal.

Archived from the original PDF on 25 April Constitution of India. Archived from the original on 24 November No person shall be prosecuted and punished for the same offence more than once.

Introduction to the Constitution of India. PHI Learning Pvt. Retrieved on 2 January September Archived from the original on 7 June Retrieved 5 January Retrieved 13 October UK parliament.

Archived from the original PDF on 20 November Retrieved 5 June The CPS. The Coast Guard patrol , having received a distress call from Nick, arrives and finds Libby holding a bloody knife on deck.

Even with Nick's body unaccounted for, Libby is arrested, tried, and convicted of murder. Libby asks Angela to look after Matty while she is in prison.

At first, Angela brings Matty to see Libby in prison, but the visits eventually cease and Angela disappears with Matty.

Libby tracks Angela to San Francisco and calls her. In the midst of their conversation, Nick is seen entering their apartment as Matty yells, "Daddy!

Libby realizes that Nick faked his death and framed her, leaving Matty as the sole beneficiary of his life insurance policy.

After unsuccessfully attempting to get investigative help, a fellow inmate tells Libby to get paroled for good behavior by falsely claiming remorse for "killing" Nick.

After six years, Libby is paroled to a halfway house , under the close supervision of parole officer Travis Lehman Tommy Lee Jones , a former law professor whose wife left him due to his alcoholism.

To search for Nick, Libby violates curfew and breaks into Matty's old school on Whidbey Island to get Angela's records. Libby is caught.

As Lehman is delivering Libby back to prison via a car ferry , he handcuffs her to the car door handle while he goes up top. As he left the car keys, Libby maneuvers the car back and forth trying to knock off the door handle.

Lehman returns and the car goes overboard as they struggle. Lehman uncuffs Libby and she is able to swim ashore while ferry crew rescues Lehman. Libby flees to her family's mid-west farm where her mother gives her cash to enable her to search for Nick and Matty.

Libby discovers that Angela recently died in Colorado in a home gas explosion, likely an accident staged by Nick. A clue leads her to New Orleans where she finds Nick running a small luxury hotel under the alias, Jonathan Devereaux.

Libby confronts Nick during a fund-raising auction at his hotel. She demands he return Matty in exchange for her walking away.

Nick says he faked his death to collect insurance, as his business was going under. Libby discounts his claims he never believed she would go to jail.

Lehman arrives in New Orleans to warn "Jonathan" Nick that Libby believes he is her dead husband and plans to kill him.

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Double Jeopardy Sex Scene Video

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Eventually, Libby breaks her parole and finds her husband living under another identity in New Orleans. Will she exact her revenge, or does she just want to force her husband to return the little boy, her son, whom he so cruelly snatched from her six years ago.

The husband disappears, and the wife sent to prison in very rapid succession, as if the director was in a great big hurry to get to the fun part of the plot.

There is, however, an exciting, unique action scene on a ferry part way through the movie, even though the rest of the action seems rather mundane or familiar.

The movie has plenty of foul language, however, and a gratuitous sex scene between the married couple. Do you enjoy articles like this?

Click here to become a monthly partner and receive a movie for free! Home Reviews. Quality: Content: -2 Discretion advised for adults.

None Light Moderate Heavy Language. Subscribe to the Movieguide Newsletter. Want more content like this? Is this a true presentation of double jeopardy, however, you may ask?

Legal professionals will agree the movie Double Jeopardy is just a fantasy and not actually based on true double jeopardy provided through the Constitution.

The female heroine of the movie is convicted of killing her husband, who is later found to be living afterall. According to the movie storyline, this woman cannot be convicted of killing him again since she already was convicted for his murder.

Due to the existence of double jeopardy, she believes she now is free to murder him, even in a crowded place and in broad daylight. However, in reality, if the heroine would truly kill her mean husband at a different place and and at a different time than when the first murder which did not happen was said to take place, she would not be free from punishment.

Double jeopardy states that a person cannot be convicted twice for the same crime. While double jeopardy is real, the crime of murder in the movie, Double Jeopardy , would not be considered double jeopardy because the crime is taking place at a different place and time.

In the movie, the woman was wrongfully convicted the first time of murder and could have fought that conviction. Her wrongful conviction can be a reality, though.

There are times when individuals have been convicted of murder without the body surfacing. The convictions, in these cases, primarily were based on evidence known as circumstantial evidence, which could include that the victim had been missing for a very long-time and no one had heard from him or her.

So when considering the movie, Double Jeopardy , know it was not written truly on actual law, and is a fictional storyline.