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New Bill to end double jeopardy rule?

  • 12-02-2010 2:57pm
    #1
    Closed Accounts Posts: 6,228 ✭✭✭


    Minister Ahern has introduced a Bill allowing for the re-trial of defendants acquitted in serious criminal cases.
    He said that “acquittals that are the result of perjury or the concealment of evidence, for instance, cannot be said to be deserved. The Bill is, therefore, targeted at and limited to those most undeserved acquittals.”

    Mr Ahern told the Dáil the Bill “has been motivated primarily by my desire to improve the standing of victims of crime in the trial process”

    I think that this is a step in the right direction in terms of the administration of justice.
    Especially in cases where new evidence comes to light, such as DNA evidence or even new witnesses, which could prove someone to be guilty of a serious offence. Just because someone has been aquitted shouldn't necessarily mean that they are immune from prosecution when new evidence comes to light. This is not justice.

    Has anyone any arguments for or against??

    http://www.irishtimes.com/newspaper/ireland/2010/0212/1224264273778.html


Comments

  • Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Minister Ahern has introduced a Bill allowing for the re-trial of defendants acquitted in serious criminal cases.



    I think that this is a step in the right direction in terms of the administration of justice.
    Especially in cases where new evidence comes to light, such as DNA evidence or even new witnesses, which could prove someone to be guilty of a serious offence. Just because someone has been aquitted shouldn't necessarily mean that they are immune from prosecution when new evidence comes to light. This is not justice.

    Has anyone any arguments for or against??

    http://www.irishtimes.com/newspaper/ireland/2010/0212/1224264273778.html

    Havnt read the bill but from your quote it looks more as if it is aimed towards cases where Perjury or concealment of evidence took place. Advances in Forensic science or a situation where a new witness showed up are totally different and IMO wouldnt be grounds for a re-trial.
    Perjury and Concealment of Evidence are criminal wrongs where as the situations you have mentioned are not.

    I must read the Bill myself but it seems like a step in the right direction


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