Thursday, September 21, 2006

Why nobody should be tried twice for the same offence / Spiked Online, 19 Sep 2006

http://www.spiked-online.com/index.php?/site/article/1678/
John Fitzpatrick
" The UK government's ditching of the double jeopardy rule diminishes the dignity and autonomy of all of us. "If there is compelling evidence, say in the form of DNA or other scientific analysis or of an unguarded admission that an acquitted person is after all guilty of a serious offence, then, subject to stringent safeguards….what basis in logic or justice can there be for preventing proof of that criminality?’ So asked the English Lord Justice Auld as he made the case in September 2001 for dispensing with the rule against double jeopardy, the rule that you cannot be tried twice for the same offence (1). He put the question, but the answer quite escaped him. It had also, less surprisingly, escaped the New Labour government, which already, in June 2001, had announced its intention to change the law on double jeopardy in relation to murder cases."