Tuesday 13 May 2008

Double jeopardy !

The police in New South Wales are setting up a " cold case " squad to re-investigate old, unsolved crimes. These range from murder to the disappearance of people in mysterious circumstances.

No doubt there will be some interesting results, given that science has made huge strides since the initial investigation of many of these events.

Which raises the question - does the principle of " double jeopardy " still have relevance in our fast changing world ?

Double jeopardy ensures that an accused person can only be tried for a stipulated crime once. Should that person receive a " not guilty " verdict he or she is home free.

Originally, double jeopardy was probably introduced to mitigate corrupt officials who would otherwise continually charge a victim until they eventually got a verdict that they favoured. Double jeopardy only exists in the democratic societies of this world - and is misused in many totalitarian regimes.

The advent of finger printing, the electron-microscope and DNA have resulted in a changed world. It is possible to positively prove guilt and this modern technology can overturn evidence from a former age. When that happens - the law is confronted with a dilemma. In some cases a convicted person can be exonerated and released from prison - but a guilty person can not be tried again for a crime that can now be clearly proven.

Perhaps the time has come for a re-examination of the law books. The guilty should be punished - and if double jeopardy is simply a shelter from future technology - then perhaps it's time has come !

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