If I were to be convicted of murder of a single person, could I then execute that person and be protected by the law of double jeopardy?Hi, my friend and I are having dispute about this...

If I were to be convicted of murder of a single person, could I then execute that person and be protected by the law of double jeopardy?

Hi, my friend and I are having dispute about this situation.

Any help would be appreciated.

Thanks :)

Expert Answers
amy-lepore eNotes educator| Certified Educator

That is the exact thing that happens in the movie, "Double Jeopardy".  Maybe you and your friend should view it--it stars Ashley Judd and Tommy Lee Jones.

You are, however, correct in your assumption if I am reading this legal definition of double jeopardy correctly:

DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).


So, it looks like if you are convicted, you can not be prosecuted for the same offense [2].

parkerlee eNotes educator| Certified Educator

Consider the case of O. J. Simpson, where a famous NFL football player was first tried in a penal suit for the murder of his wife Nicole, then in a civil one.  He was acquitted in the first for lack of evidence but convicted in the second. See the following site for further details.