Criminal Law/Query



I was wondering due to seeing a TV show:- if a husband  does a 7 year sentence for killing his wife although her body was never found,  and then he finds that she is actually still alive  and he then kills her, would the courts prosecute him all over again for this?  It does seem unfair to do so if he has already been convicted for the crime.



I see you are from Austria, but will assume, by the nature of your question, you are referring to the laws of the United States. Your scenario has been played out in several books and movies to include the well known 1999 film "Double Jeopardy" with Ashley Judd and Tommy Lee Jones.

The Reader's Digest version for your question is no, the husband could not be prosecuted again for the murder of this same wife/person. U.S. law prohibits the prosecution of a person a second time for the same crime - it is referred to as "Double Jeopardy."

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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