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Double jeopardy is the law that forbids a person from being
prosecuted for a crime more than once. Its authentic legal term is Autrefois
Acquit or Autrefois Convict which fundamentally means ‘previously acquitted.’
It originated from the English common law and since the twelfth century it has
been essential to the English justice system. It wasn’t until the twentieth century
that the double jeopardy law was finalised and became completely enacted and
has been in action for approximately 800 years. There are countless issues
surrounding the double jeopardy law and an excessive amount of pressure has
risen to make this endowment retrospective but the government has rejected the
proposed amendment. In 2007 modifications were adapted to the double jeopardy
law which then legislated a new Act, ‘Criminal
Code (Double Jeopardy) Amendment Act, 2007, QLD,’ this Act is however only
subjected to murder cases or cases that carry a 25 year or more sentence. Despite
the fact that double jeopardy was enacted to prevent wrongful convictions, should
Australian Courts continue to retain an 800 year old law? Especially now that
the development of technology, particularly with DNA testings, has monumentally
increased within the last decade. Is justice served accurately, or are
prosecutors being found not guilty long before substantial evidence is
obtained?
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