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Abolition of double jeopardy

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  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Article 15.5.1 of the Constitution
    The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission.

    Of course abolishing double jeopardy is a procedural alteration rather then retrospective criminalisation but there is U.S. precedence on the U.S. constitution which bans ex post facto laws which holds a procedural change which makes it more difficult for a defendant to mount a defence is an ex post facto law and unconstitutional. (http://en.wikipedia.org/wiki/Stogner_v._California)


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