Double Jeopardy Research Paper

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Queensland Double Jeopardy Provisions

Double Jeopardy is a technicality law based upon the assumption that one cannot be repeatedly prosecuted in a criminal trial by either the jury, judge or appeal of court judges ("Questioning Double Jeopardy", 2016). This notion has been in existence for 800 years and originated from English Common Law. The double jeopardy protection averts three scenarios, a retrial for a crime that would attract a 25-year or more sentence if the original acquittal is tainted and multiple punishments for the same offence. A second prosecution for the same offence and past acquittal on the charge of murder where fresh and compelling evidence surfaced. This refers to evidence which was not adduced at the trial of the offence
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Proposed change to the double jeopardy rule attracted criticism from human rights organisations including Liberty as seen in appendix 1. This statement suggests that the retrospective legislation reform indicates that all re-trials would be prejudicial to a fair trial. Any person previously acquitted is unable to ensure a fair trial in these circumstances, as jury members will be aware of the circumstances which lead to the retrial. If the jury became aware that new evidence was available to be compelling or that the accused had been earlier acquitted due to the administration of justice offence, the judge and jury’s verdict could be considered …show more content…
This is exemplified as some claim that the laws amendments are in direct opposition to the rule of law. The legal system has implemented reforms to criminal law and procedure that enhance the criminal justice system to achieve just outcomes. This extends to the reform of court of appeals and other review mechanisms available to investigate misconducts of justice. However, it is urged to uphold principles which have become fundamental protections in our system of criminal justice over the course of centuries. The criminal justice system is an essential part of the process of government relied upon by the community, to find the truth, resolve disputes and to administer justice. As society changes Queensland’s law provisions adapt also, therefore it would appear reasonable to conclude that the double jeopardy clause needs reform and implement the following recommendations to coincide with today’s societal

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