Double Jeopardy (1999 film)

Last updated
Double Jeopardy
Doublejeopardyposter.jpg
Theatrical release poster
Directed by Bruce Beresford
Written by David Weisberg
Douglas Cook
Produced by Leonard Goldberg
Starring
Cinematography Peter James
Edited by Mark Warner
Music by Normand Corbeil
Distributed by Paramount Pictures
Release date
  • September 24, 1999 (1999-09-24)
Running time
105 minutes
CountryUnited States [1]
LanguageEnglish
Budget$40 million [2]
Box office$177.8 million [3]

Double Jeopardy is a 1999 American crime thriller film directed by Bruce Beresford, and starring Tommy Lee Jones, Ashley Judd and Bruce Greenwood. Released on September 24, the film received mixed reviews from critics and grossed $177 million.

Contents

Plot

Nick and Libby Parsons are wealthy residents of Whidbey Island, Washington. Libby's friend Angela offers to look after their four-year-old son Matty so they can spend a romantic weekend sailing. Libby awakens to find blood everywhere and Nick missing. The Coast Guard arrive and find Libby holding a bloody knife.

Although Nick's body is not found, Libby is convicted of murder. Her motive is assumed to be a $2 million life insurance policy and her alleged knowledge that Nick was under investigation for embezzlement. Not wanting Matty to become a ward of the state, she asks Angela to adopt him while she is in prison. When Angela stops bringing Matty to visit, Libby tracks Angela to San Francisco and calls her. During their conversation, Nick enters and Matty yells, "Daddy!"; Libby realizes that Nick faked his death. After failing to get investigative help, a fellow inmate—a former lawyer—tells Libby to get paroled for good behavior by falsely claiming remorse for "killing" Nick. Once free, Libby can kill Nick with impunity due to the Double Jeopardy Clause in the US Constitution.

After six years in prison, Libby is paroled to a halfway house under the supervision of parole officer Travis Lehman, a former law professor whose wife and daughter left him due to his alcoholism. To search for Nick, Libby violates curfew and is caught breaking into Matty's old school on Whidbey Island to get Angela's records. As Lehman takes Libby back to prison, she grabs his gun and swims away in Puget Sound. She visits her mother who gives her cash and her truck.

Libby uses Angela's Social Security number to learn her address in Colorado. There she hears from Angela's former neighbor that Angela, under a different name, died three years earlier in a natural gas explosion. A picture in the paper reveals a painting by Wassily Kandinsky owned by Nick, which Libby is able to trace to New Orleans through an art gallery. At the gallery, Lehman almost catches her, but she rams his car and destroys it before driving away. She flies to New Orleans and finds Nick running a small luxury hotel under the alias Jonathan Devereaux.

Libby confronts Nick during a fund-raising auction at his hotel and demands he return Matty in exchange for her walking away. Nick claims that he faked his death to avoid prison and provide her and Matty with the insurance money, not believing she would be convicted, and that Angie's death was an accident. Libby scoffs at his lies. During their conversation she sees Lehman arrive at the hotel and walks out. Lehman tells "Jonathan" that Libby believes he is her dead ex-husband and informs the local police that she is in the area.

Libby arranges to meet Nick at Lafayette Cemetery to get Matty. Nick hires a boy to lure Libby to a mausoleum, where Nick knocks Libby out and locks her in a coffin with a corpse. She shoots the hinges off the coffin lid with Lehman's gun, pushes it off, and escapes. Meanwhile, Lehman is in the office of "Jonathan" and notices the Kandinsky artwork that Libby was searching for in the gallery. Now unsure of Libby's guilt, he tells his boss in Washington state to fax him the driver's license for "Nicholas Parsons".

Lehman intercepts Libby and she breaks down sobbing. He then goes to Nick's hotel, where he reveals to Nick that he knows his true identity. After Lehman agrees to take a bribe of $1 million, Nick admits to "murdering" Libby. Libby emerges with Lehman's gun and both she and Lehman tell Nick that she can kill him with impunity because of the double jeopardy rule. However, instead of shooting Nick, she puts a bullet through the Kandinsky. Nick tells her where Matty is, Lehman reveals that he has recorded Nick's confession, and Nick pulls a gun, shooting Lehman in the shoulder. In the ensuing struggle, Nick is about to shoot Lehman again, but Libby recovers her gun and kills Nick. Lehman insists they go back to Washington to win her pardon. They later find Matty at a boarding school in Georgia, where he immediately recognizes his mother.

Cast

Production notes

After Michelle Pfeiffer, Meg Ryan and Brooke Shields all declined the role, Jodie Foster was attached to star in the film as Libby Parsons and Bruce Beresford met with her several times about the script:

She said to me once, when we were having... not an argument, we had different points of view over something, and she said, "We'll have to do it my way, I'm afraid." And I said, "Why, Jodie?" And she said, 'Because I'm so intelligent. I'm such an intelligent person that there is no point in disagreeing with me because I'm always right." I thought she was joking, but she wasn't! [laughs] She had this extraordinary opinion of her own IQ. [4]

Reception

On Rotten Tomatoes the film holds an approval rating of 28% based on 87 reviews and an average rating of 4.5/10. The site's critics consensus reads: "A talented cast fails to save this unremarkable thriller." [5] On Metacritic, it has a weighted average score of 40 out of 100 based on 30 critics, indicating "mixed or average reviews". [6] Audiences polled by CinemaScore gave the film an average grade of "B+" on an A+ to F scale. [7]

Roger Ebert gave the film two and a half stars out of four, and said "This movie was made primarily in the hopes that it would gross millions and millions of dollars, which probably explains most of the things that are wrong with it." [8] Leonard Maltin gave the film 3 out of 4 stars, calling it "slick entertainment". [9] Mick LaSalle from the San Francisco Chronicle wrote that the film is a "well-acted diversion, directed by Bruce Beresford ( Driving Miss Daisy ) with an intelligent grasp of the moment-to-moment emotion". [10] For her performance in the film Ashley Judd won Favorite Actress at the 6th Blockbuster Entertainment Awards. [11]

Accolades

AwardCategorySubjectResult
MTV Movie Award Best Female Performance Ashley Judd Nominated
Blockbuster Entertainment Awards Favorite Actress – SuspenseWon
Favorite Actor – Suspense Tommy Lee Jones Nominated
Favorite Supporting Actor – Suspense Bruce Greenwood Nominated

Box office

The film spent three weeks as the No. 1 film. It grossed $116 million in the US and $61 million overseas. [3]

Misinterpretation of the concept of double jeopardy

The film incorrectly implies that the Double Jeopardy Clause of the Fifth Amendment gives someone a free pass to commit a subsequent crime if they are wrongfully convicted. As the newspaper column "The Straight Dope" pointed out: "a crime, for double jeopardy purposes, consists of a specific set of facts. Change the facts and you've got a new crime [...] 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 in February and whaling on him again." [12] In the case of homicide, which cannot naturally be committed against the same person twice, it may give the impression that the first, wrongful conviction would preclude a factually correct second one; legally, this is not the case. The second prosecution could result in a retrial for the first conviction, since the veracity of that verdict would be undermined by known facts. However, murder is a state crime so, in Libby's case, a prosecution of her for shooting Nick to death in the state of Louisiana would not be affected by her conviction for stabbing him to death in Washington, the states being separate sovereigns. However, the film does confirm that the Double Jeopardy Clause is not put into effect at all. Libby is only under the impression that this is how the clause works because she is told so by a disbarred lawyer, and later her crimes are fully pardoned due to her prior unjust imprisonment, meaning that the Double Jeopardy Clause is not misrepresented, but merely misunderstood by central characters in the film.

Related Research Articles

In jurisprudence, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law - in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions only bars an identical prosecution for the same offense, however, a different offense may be charged on identical evidence at a second trial. Res judicata protection is stronger - it precludes any causes of action or claims that arise from a previously litigated subject matter.

The Cleveland Elementary School shooting was a school shooting that took place on January 29, 1979, at Grover Cleveland Elementary School in San Diego, California, United States. The principal and a custodian were killed; eight children and police officer Robert Robb were injured. A 16-year-old girl, Brenda Spencer, who lived in a house across the street from the school, was convicted of the shootings. Charged as an adult, she pleaded guilty to two counts of murder and assault with a deadly weapon, resulting in her being sentenced to life in prison with a chance of parole after 25 years. As of 2024, she is still in prison.

<span class="mw-page-title-main">Leslie Van Houten</span> American convicted murderer (born 1949)

Leslie Louise Van Houten is an American convicted murderer and former member of the Manson Family. During her time with Manson's group, she was known by aliases such as Louella Alexandria, Leslie Marie Sankston, Linda Sue Owens and Lulu.

<i>Kiss of Death</i> (1947 film) 1947 film by Henry Hathaway

Kiss of Death is a 1947 American film noir directed by Henry Hathaway and written by Ben Hecht and Charles Lederer from a story by Eleazar Lipsky. The story revolves around an ex-con played by Victor Mature and his former partner-in-crime, Tommy Udo. The movie also starred Brian Donlevy and introduced Coleen Gray in her first billed role. The film has received critical praise since its release, with two Academy Award nominations.

<i>Alpha Dog</i> 2006 crime drama film by Nick Cassavetes

Alpha Dog is a 2006 American crime drama film written and directed by Nick Cassavetes. It is based on the true story of the kidnapping and murder of Nicholas Markowitz in 2000. The film features an ensemble cast that includes Ben Foster, Shawn Hatosy, Emile Hirsch, Christopher Marquette, Sharon Stone, Justin Timberlake, Anton Yelchin, and Bruce Willis.

<i>True Crime</i> (1999 film) 1999 film by Clint Eastwood

True Crime is a 1999 American mystery thriller film directed by Clint Eastwood, and based on Andrew Klavan's 1995 novel of the same name. Eastwood also stars in the film as a journalist covering the execution of a death row inmate, only to discover that the convict may actually be innocent.

<i>The Contract</i> (2006 film) 2006 film by Bruce Beresford

The Contract is a 2006 German-American action thriller film directed by Bruce Beresford and written by television writer Stephen Katz and John Darrouzet. The Contract stars Morgan Freeman as professional assassin Frank Carden and John Cusack as a teacher who gets entangled into his latest assignment during a camp trip with his son. Released direct to video in the United States and Europe, The Contract received little critical notice despite its high-profile cast.

<i>Night of the Demons 3</i> 1997 Canadian horror film directed by Jim Kaufman

Night of the Demons 3 is a 1997 Canadian comedy horror film directed by Jimmy Kaufman and starring Amelia Kinkade, Vlasta Vrána, Gregory Calpakis, Tara Slone, Christian Tessier, Joel Gordon, Larry Day, Kris Holden-Reid, Stephanie Bauder, and Patricia Rodriguez. It is the third and final film in the Night of the Demons series before the 2009 remake, and follows a group of teenagers who are pursued by the demon-possessed Angela Franklin while hiding out in Hull House on Halloween night.

Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty", the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which they had already been convicted of and sentenced for in another state.

United States v. Felix, 503 U.S. 378 (1992), was a decision by the United States Supreme Court, which held that "a[n]…offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes." The Supreme Court rejected the Tenth Circuit's reversal of Felix's conviction, finding that the Court of Appeals read the holding in Grady v. Corbin (1990) too broadly.

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:

<i>Kid Glove Killer</i> 1942 film by Fred Zinnemann

Kid Glove Killer is a 1942 American crime film, starring Van Heflin as a forensic scientist investigating the murder of a mayor. The B film, the feature-length directorial debut of Fred Zinnemann, was an expanded version of the 1938 Crime Does Not Pay short subject "They're Always Caught".

<i>The Lone Wolf in London</i> 1947 film by Leslie Goodwins

The Lone Wolf in London is a 1947 American mystery crime film directed by Leslie Goodwins and starring Gerald Mohr, Nancy Saunders and Eric Blore. The picture features the fictional Scotland Yard detective the Lone Wolf who travels to London, and solves the mystery of some missing jewels. It was the penultimate Lone Wolf film, followed by The Lone Wolf and His Lady in 1949, and the last for Mohr in the lead role.

This is a list of notable overturned convictions in Canada.

<i>Under the Gun</i> (1951 film) 1951 American film

Under the Gun is a 1951 American crime film noir film directed by Ted Tetzlaff and starring Richard Conte, Audrey Totter and John McIntire. It was produced and released by Universal Pictures. The film's sets were designed by the art director Edward L. Ilou.

<i>The Prince</i> (2014 film) 2014 American film

The Prince is a 2014 American action thriller film directed by Brian A. Miller. It stars Jason Patric, Bruce Willis, John Cusack, and Rain. The film received a VOD and theatrical release by Lionsgate on August 22, 2014.

Abbate v. United States, 359 U.S. 187 (1959), is a decision of the U.S. Supreme Court. The decision held that the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit the prosecution of a conspiracy in federal court under federal law when that same conspiracy has already resulted in a conviction in state court under state law.

<i>Double Jeopardy</i> (1992 film) 1992 television film directed by Lawrence Schiller

Double Jeopardy is a 1992 television thriller film directed by Lawrence Schiller and starring Rachel Ward and Bruce Boxleitner.

Blueford v. Arkansas, 566 U.S. 599 (2012), was a decision of the Supreme Court of the United States that clarified the limits of the Double Jeopardy Clause. The Supreme Court held that the Double Jeopardy Clause does not bar retrial of counts that a jury had previously unanimously voted to acquit on, when a mistrial is declared after the jury deadlocked on a lesser included offense.

Gunslingers is a 1950 American western film written by Adele Buffington and directed by Wallace W. Fox. It stars Whip Wilson, Andy Clyde, and Reno Browne.

References

  1. "Double Jeopardy (EN)". Lumiere. Retrieved 27 June 2017.
  2. "Double Jeopardy (1999) – Financial Information".
  3. 1 2 Double Jeopardy. Box Office Mojo.
  4. Urban, Andrew L. "BERESFORD, BRUCE : DOUBLE JEOPARDY", Urban Cinesfile. (Archived 2012-11-13 at the Wayback Machine .) Accessed 11 November 2012.
  5. Double Jeopardy. Rotten Tomatoes.
  6. "Double Jeopardy Reviews". Metacritic . Retrieved November 12, 2020.
  7. "CinemaScore". cinemascore.com.
  8. Ebert, Roger. Double Jeopardy. Sep. 24. 1999.
  9. Maltin, Leonard; Sader, Luke; Clark, Mike (2008). Leonard Maltin's 2009 Movie Guide. Penguin Group. p. 374. ISBN   978-0-452-28978-9.
  10. LaSalle, Mick. Criminally Good. San Francisco Chronicle. September 24, 1999
  11. "Blockbuster Entertainment Award winners". Variety . May 9, 2000. Retrieved May 20, 2013.
  12. "What happens if you confess to a crime after being found not guilty?". The Straight Dope. March 6, 2007. Archived from the original on 2008-04-30. Retrieved August 23, 2021.