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HELP MODERNISE THE DOUBLE JEOPARDY LAW IN QUEENSLAND

cheekymonkey by cheekymonkey Talking(June 2007) (rank 500+)

Most of us have probably watched or know of the movie Double Jeopardy (Ashley Judd) and the basic concept of it's meaning. Double Jeopardy is basically, you can't be tried for the same crime twice. If you are aquitted/found not guilty then you can't be re-tried for the same crime

at a later date.

There is a major downfall with this law. If new evidence is discovered it can't be used. For example someone found not guilty 30 years ago, can now be proven without a doubt to have committed that crime via technological advances such as dna testing. Many people have gotten away with murder because of the double jeopardy rule.

A prime example of this is the death of 17 month old Diedre Kennedy almost 30 years ago. Federal MP Peter Dutton  and Diedre's mother Faye Kennedy, have a petition to appeal to Queensland Premier Peter Beattie to amend this law to allow the use of such evidence to have people punished for crimes committed. They are trying to collect 100.000 signatures to present to the premier to show him that there is a need for such change to the laws in Queensland. They don't want the law abolished, simply modernised to reflect the advances in technology and resources that are available to solve such crimes.

For more information and to sign the petition go to

http://www.peterdutton.com.au/doubleJeopardy.asp

I'm sure you would want all resources to be used in the solving of serious crimes, no matter how old, especially if it was your family.

This is what would call, bringing justice to those who need it.

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cheekymonkey
August 2007 | cheekymonkey
Re: HELP MODERNISE THE DOUBLE JEOPARDY LAW IN QUEENSLAND

They wish to have it modified so that if there is "overwhelming" evidence to support the charges, that the accused can be re-tried. Due to the advances being made in  technology , proof can be determined now that couldn't 15-20 years ago. eg DNA evidence from blood, hair samples etc.

The idea is not to abolish it altogether, as that would lead to an open slather of people being harrassed for crimes they did/did not commit. But to bring it up to date with technology of the modern day.



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LibbyS
August 2007 | LibbyS
Re: HELP MODERNISE THE DOUBLE JEOPARDY LAW IN QUEENSLAND

Thank you for sharing your views. The double jeopary concept is a significant part of our legal system. As mentioned, it ensures that cases can be closed, that people cannot be repeatedly tried for the same crime. Without it no verdict is final.

You state that your intention is to modernise the law, not abolish it. I feel that you need to specifically detail what modification/s you wish to be made. I would not be prepared to support 'modernisation' in a general, broad sense, not knowing what I was giving support to.

Please be specific as to the changes you wish to make, as the details are very important here.



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missnickley
June 2007 | missnickley
Re: HELP MODERNISE THE DOUBLE JEOPARDY LAW IN QUEENSLAND

Fantastic article.

I agree, laws should be updated with the times.  I also wanted to draw attention to the fact that they want the law modernised, not abolised. Just to move with the times.

Thank you for drawing peoples attention to this!



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llmunchkin
June 2007 | llmunchkin
Re: HELP MODERNISE THE DOUBLE JEOPARDY LAW IN QUEENSLAND
This is quite compelling, is it only a Queensland state law, or does it apply elsewhere also?


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      cheekymonkey
5.00 (Excellent) | June 2007 | cheekymonkey
Re: HELP MODERNISE THE DOUBLE JEOPARDY LAW IN QUEENSLAND

This only apllies to queensland as all states/territories have their own criminal code acts. NSW is already in the process of amending this law, as for the other states, I'm not sure if there is anything going on.

Another little bit of info, this law stems back 800 years and was adopted by australian states as we inherited the british system of law/governing. The basic idea is so no-one can be continually harrassed for a crime, but that was from times long ago. We have so many technological advances in 800 years, that really it needs to update to reflect societies advances and to bring those to justice who commit terrible crimes.



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