Why isn't Emily arrested for the murder of her husband?

Side Effects (2013), ends with Emily incriminating Dr. Siebert with conspiracy to commit murder and securities fraud. However, wouldn't that incriminate Emily as well on both of those charges?

So, why isn't she charged with the murder of her husband or with securities fraud?

A possible explanation might be that the insanity defense based on the use of the drug still holds and acquits her from the murder charges. However, the charges of securities fraud must hold as it wasn't because of the influence of the drug.

plot-explanation side-effects

Best Answer

Answer is Double Jeopardy: Emily has already been tried for the murder of her husband. She was acquitted as not guilty for the reason of "sleepwalking" as a side effect of the drug.

Jonathan realizes that he was played by Emily and Victoria. He wants his revenge. He tricks Emily into thinking that Victoria has spilled the beans on the insider trading. Emily wears a wire and goes over to Victoria’s and makes her say sufficient details that incriminate Victoria in insider trading.

Now that he's taken down Victoria, he plans his revenge on Emily. By law she needs to be under his care because of her "condition". He prescribes some drugs with some insane side effects to Emily. She throws a fit and Johnathan declares that Emily is no longer fit to be under his care and that she’s taken back to the mental ward for refusing treatment. Over some time there based on her treatment, Emily eventually becomes zoned out and loses her mind because of all the medication.

This way Johnathan orchestrates a punishment for both the women, and gets his life back.