Is this a case of Double Jeopardy ?

[flavian152]

International law.

Let's say Bob frames Alice to make it look like Alice killed Bob. The body is never found, Bob is actually alive, disappears and changes to a fake identity. Alice is tried and found guilty of his murder. She is sentenced to a number of years in jail. Bob is presumed dead by the police. After serving her time, Alice get's out of jail, go finds Bob, shoots and kills him out of revenge. The police realize the man she killed is the same man she was found guilty for murdering years back. Is she going to go to jail again or not ? Is this a case of Double Jeopardy ?

Ty

 

[OHRoadwarrior]

Yes, she would go to jail again for the murder. Your theory would only create a legal issue if she killed him in the same jurisdiction she was previously found guilty of killing him. The legal issue is related to prior false imprisonment. She could argue entitlement to time served.

 

[FlyingRon]

It has nothing to do with jurisdiction. It's NOT double jeopardy at all. You have a trial for a crime she didn't commit, whether she can get any relief for that depends on the circumstances. Then you have a second crime.

If I assault you today and am found guilty or innocent doesn't mean I can assault you tomorrow with immunity.

 

[Ohiogal]

Nor does it matter that Hollywood used this same plot for the Ashley Judd movie, Double Jeopardy. it wasn't double jeopardy then and it is not so now either.

 

[HomeGuru]

The OP did not provide enough details.
Where the name of the state should be listed the OP states International.

 

[FlyingRon]

Double Jeopardy is far from universal and even in countries that have it, it is of a different and less restrictive (for the state) FORM than the US.

 

[HomeGuru]

Sounds like a legal class question anyway.