What the Government has done? Recommendations
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On the 18th of October, 2007, the Queensland government
amended the law allowing retrials for cases that attain fresh and compelling
evidence contrary to the acquitted person in relation to the offence but only
if it is in the interest of justice. The ‘Criminal
Code (Double Jeopardy) Amendment Act, 2007, QLD’ is only subjected to any
cases that involve murder or that are carrying a 25 year or more sentence and
it is mandatory that there is evidence to provide a false acquittal had
occurred. Although modifications to the double jeopardy law have come into
action, the fight to make it retrospective is still an over-powering dispute
throughout Australia.
The 800 year old law still used in 2014. There are positives and negatives in regards to how affect the double jeopardy law is, however the negatives seem to over-ride. The double jeopardy rule did protect many accused people who did not in fact commit a crime however the offenders who have committed heinous crimes such as murder and rape should not be acquitted from court after the first trial due to a lack of substantial evidence. Although the government has altered the double jeopardy rule, it is still a long standing law that has been out-dated and numerous debates regarding how prejudice this law has become is still being discussed in 2014. |