# Double Jeopardy - NOT the movie! **URL:** \ **Category:** Factual Questions\ **Created:** [August 25, 1999, 3:41am UTC](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945 "1999-08-25T03:41:00Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![typertrphy](https://avatars.discourse-cdn.com/v4/letter/t/858c86/32.png) [@typertrphy](https://boards.straightdope.com/u/typertrphy)\ **Post date:** [August 27, 1999, 1:08pm UTC](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945/21 "1999-08-27T13:08:00Z")
I was stunned the other day to hear what sure sounded like a perfect case of Double Jeopardy. The man killed in…Michigan? For professing a crush on another man on the “Jenny Jones Show” ?? He was convicted of Murder 2, then that conviction was overturned in appeal. NOW, he has been tried and convicted again. They didn’t say that this second trial was a Federal Trial. Anyone know if it was? If it was a State trial again, then…HOW could they do it without violating the Double Jeopardy clause? Let’s leave the issue of the particular crime for another thread, please… Typer 🙂 ---
**Author:** ![John\_W.Kennedy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_w.kennedy/32/1031_2.png) [@John\_W.Kennedy](https://boards.straightdope.com/u/John_W.Kennedy)\ **Post date:** [August 28, 1999, 5:21am UTC](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945/22 "1999-08-28T05:21:00Z")
If the conviction was overturned, that doesn’t mean that he was found innocent by the appeals court. In this case, the appeals court decided that the original trial was screwed up and had to be done over. That isn’t double jeopardy. Double jeopardy means you can’t be tried again once you’ve been found not guilty. * * * John W. Kennedy “Compact is becoming contract; man only earns and pays.” – Charles Williams ---
**Author:** ![Falcon](https://avatars.discourse-cdn.com/v4/letter/f/49beb7/32.png) [@Falcon](https://boards.straightdope.com/u/Falcon)\ **Post date:** [August 28, 1999, 5:36am UTC](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945/23 "1999-08-28T05:36:00Z")
DSYoung sez: > [@](#): > > As for the original thread, double jeopardy would not necessarily apply. In the absence of a treaty requiring the United States to abide by the decision of the Israeli court, the issue would be up to Maryland to decide. I think that Mr. Shinbein is likely to remain in Israel quite a long time. Speaking as a current resident of Maryland, that would be JUST FINE with all of us here. And hopefully if he did come back, he’d get tried over here. What he did was…I can’t even find words for it. * * * “You have to laugh at yourself, because you’d cry your eyes out if you didn’t.” -Emily Saliers ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [August 27, 1999, 6:41pm UTC](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945/24 "1999-08-27T18:41:00Z")
IIRC with the “Jenny Jones” murder, the first conviction was set aside because of an error in the trial. The appeals court ordered the case to be retried. That’s the usual SOP, I believe. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [September 1, 1999, 6:05am UTC](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945/25 "1999-09-01T06:05:00Z")
I believe that the accused in the Jenny Jones case was convicted at the first trial, then appealed. The original conviction was set aside for errors made at trial, but that is not the same as a finding of “Not guilty.” So, it went back for a re-trial, and the accused was convicted again. That’s not considered double jeopardy. [Previous page](https://boards.straightdope.com/t/double-jeopardy-not-the-movie/2945.md?page=1)