Monday 22 October 2007

Double jeopardy !

Over eight hundred years ago a law was enacted in merry old England to bring fairness into court trials.
It was called " Double Jeopardy" and stipulated that no person could be tried twice for the same crime. In effect, the prosecution got only one bite at the cherry. If found not guilty - the prisoner was free for life.

That law found it's way into the law books of democracies around the world - including Australia - but now it is being called into question.
The world has turned a few times since the statute books were written and we now find ourselves confronted with scientific advances that were unheard of just a few years ago.

The question being asked - is it reasonable for a person to get away with a crime such as murder simply because the proof of guilt was not available at that time ?
A hundred years ago finger prints convicted many criminals - and today advances in DNA evidence would tip the balance in a great number of past trials.

There is logical argument on both sides of the divide. Should the abandonment of double jeopardy only relate to murder - or should it extent to all areas of crime ?
Should there be a statute of limitations clause as to how far into the past it applies ? Should there be a limit on the number of trials possible as new evidence is found ?

All the indications point to a change in the present position - but there is also a doubt that the law will be dumped absolutely. The most likely outcome is that a panel of senior judges will be given the power to set aside double jeopardy where certain circumstances apply. What those circumstances may be will be a decision that will be debated vigorously by both sides of parliament - and watched with interest by a large number of nervous criminals !

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