The 1999 crime-thriller film Double Jeopardy, for some, might seem a plausible summary for the Double Jeopardy Clause of the Fifth Amendment. The film shows the story of a woman wrongly convicted for the murder of her husband, who was later revealed to be alive. Claiming that the Double Jeopardy Clause would protect her from further charges, she plans to kill him in broad daylight. This is where the problem lies about the film’s interpretation of the Double Jeopardy doctrine. Though it’s true that the woman cannot be prosecuted for the same crime twice, she can still be charged for (finally and truly) killing her husband, since the murder took place in a different place and time than the other murder for which she was convicted. If the movie’s take on the doctrine is faulty, then what exactly constitutes Double Jeopardy and how can you be protected against it?
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