Say a man is convicted on overwhelming circumstantial evidence of killing his wife, although no sign of her body is found. He’s sentenced to 20 years, serves his time, and on his release proceeds to track her down, convinced that she framed him.
He finds her and kills her. Can he be charged with her murder again? Would double jeopardy protect him?
Only if he’s Ashley Judd.
Yes, he can be charged with murder again.
The first conviction was for killing this person at this time in this way.
Killing her on a differnt day is a different crime entirely, and liable for prosecution.
Nope, the “second” murder would be a separate crime for which he could again be tried, convicted, and sentenced.
“I served time for holding up that Denny’s, so now I can hold it up any time I want and Double Jeopardy will keep them from prosecuting me. I already was convicted of holding up that Denny’s, so they cannot charge me twice for the same thing.”
In fairness, the State should vacate the first conviction, since our “bigacidist” was obviously innocent of that crime. . . .
So there’s no loophole like, “You can’t murder someone who’s already (legally) dead”?
So if we HAD a TIME Machine though and learned from our mistakes of the FIRST time…
That’d be a nutty loophole. First, they might be legally presumed dead, but that’s not permanent when you’re factually alive. http://www.straightdope.com/mailbag/mlegallydead.html Second, that’d make it legal for anybody to kill the presumed dead: Strangers, muggers, terrorists. All based on a legal presumption.
Yes, but the legal world is full of many things nutty.
What would happen if a lawyer pled his client out but asked for “time served” on the earlier bogus conviction?
And, isn’t it true that it’s very very hard to convict without a body? I remember one case but the experts said that the amount of blood found would certainly mean a dead body, and the blood matched the “missing” wife.
That would work, of course, but only if the prosecutor was willing to go for it. This might happens in some cases, particularly if the prosecution was embarassed about the whole situation.
It’s only a possibility if the statute gives a sentence of less than life for murder. If there’s an automatic life sentence for murder, there’s no scope for time served.
Well, if that were the case, then the hypothetical killer would never have been free to commit the murder a “second” time, now would he? 
even if a life sentence is structured to allow for parole, you’re still under the sentence, and subject to the terms of one’s parole for life. break the terms of parole, and you can be re-jugged without trial.
Aren’t you the guy who started the Where can I rent a wood chipper? thread?
“Most curious. There’s every indication that the victim was held down by several people and stabbed repeatedly with different strengths and knives. But there’s only one set of prints!”
@Leaper: nitpick. A is jailed for killing B, but B isn’t really dead. B commits crime, gets sent to jail, and how serendipitous! A and B are cell mates!
Wanted to buy: combination wood chipper/time machine/knife sharpener.