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i found a loop hole Answered

i found a loop hole in the 5th amendment i think they made a movie about this. okay how the story goes is a wife gets framed for her husbands murder but when she gets out of jail she sees that hes still alive so therefore legally she can kill him because of double jepherdy the fifth amendment she cant be on trial for the murder twice isnt that messed up?

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LasVegas (author)2007-05-14

BTW: The Fifth Amendment is the right not to incriminate yourself. Protection from double jeopardy is not an amendment in the Bill of Right or out of, but part of the original draft of the Contitution.

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user

well i didnt say she claimed herself to be a killer someone framed her i dont know though

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user

Doesn't matter. It did make a cute movie, but it would never work in the real world. What would probably happen though, is that while she would go back to prison for really killing her husband, her lawyer would sue for the first conviction and she's be a very wealthy prisoner.

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sam (author)LasVegas2007-05-14

I think your s key stopped working after "is not".. :P

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LasVegas (author)sam2007-05-14

Yes... I missed the 's' characters in Bill of Rights and Constitution.

Hate it when that happen! :)

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lemonie (author)2007-05-14

In a county full of lawyers, I'm sure someone would find a way.
Do you not need a body for a muder-trial in the states?
What this may come down to is the same murder...?
Are Jessica Fletcher, Lt Columbo, Quincy MD, and whoever Dick Van-Dyke is currently operating, or in retirement?

L

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LasVegas (author)lemonie2007-05-14

Actually, a Prosecutor doesn't need a body to convict someone of Murder... But it helps. All he/she needs is enough evidence, be it real or circumstantial, to convince a jury "beyond a reasonable doubt." Murder She Wrote - Jessica Fletcher (Angela Landsbury) - Canceled. Columbo - Lt. Frank Columbo ( Peter Falk ) - Hasn't made an TV Movie in a while. Quincy ME - "It ain't Cosmo" Quincy ( Jack Klugman ) - Canceled. Diagnosis Murder - Dr. Mark Sloan (Dick VanDyke) - Canceled.

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lemonie (author)LasVegas2007-05-15

My God! Who would solve this double-jeopardy thing? CSI could prove Prof Plum, in The Kitchen, with The Lead Pipe, from a single flake of dandruff, but how would they get around this legal technicality? L

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LasVegas (author)lemonie2007-05-15

trialex explained it quite well... There is no legal technicality. Besides, with CSI's technology, they could reconstruct the face and criminal history of the source of the dandruff in a few minutes. Not as quick as Jack Bower though.

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Punkguyta (author)2007-05-15

Interesting idea, but not sure it would hold up well in today's smug yet at the same time corrupt little juditial system we seem to have.

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trialex (author)2007-05-14

From Straight Dope

"Double jeopardy does not, by the way, give you a free pass to commit a subsequent crime if it should turn out that you were unjustly convicted, Hollywood scriptwriter fantasies notwithstanding. In the eponymous movie, Ashley Judd plays a woman wrongly convicted for her husband's murder; the man had faked his death and let his wife take the rap. Judd's character discovers the truth and tracks down the husband intending to kill him for his betrayal, reasoning that since she's been convicted once for his murder, double jeopardy would protect her from prosecution. Not so in real life: a crime, for double jeopardy purposes, consists of a specific set of facts. Change the facts and you've got a new crime – the murder of Richard Roe on Wednesday, December 8th, in New York City is not the same crime in double jeopardy analysis as the murder of Richard Roe in New York City on Friday, February 5th, even though it's the same victim. This seems to confuse people greatly, perhaps because it's unusual to discuss murdering the same person twice. But a moment's thought will make it clear: if the charge were, say, aggravated assault, no one would believe that a person convicted of beating Richard Roe to a pulp on December 8th could avoid another conviction for tracking down poor Rich again in February and whaling on him again."

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