Sir William Blackstone stated that the plea of autrefois acquit, or a reason acquittal, is grounded on this universal maxim of the common law of England that no man is brought into jeopardy of his life or limb more than once for the same offence. However, the amendments in the Criminal Justice Act 2003 modified the autrefois rule by providing the possibility of reopening a trial when it is in the interests of justice for the court and that there is new and compel evidence which was not adduced in the proceedings in which the someone was acquitted. This essay will discuss how the alteration of double jeopardy rule will improve justice despite criticisms make against it.
Relaxation of the double jeopardy rule corrects wrongful acquittals which prevents the exploitation of the double jeopardy rule. David Phillips, who chairs the crime committee of the Association of knob Police Officers, suggests that someone manifestly guilty can hedge in conviction under the double jeopardy rule.
The amendments are up to(p) to alleviate this problem by allowing retrials provided that there is new and cause evidence to be adduced. The first successful retrial case of R v Dunlop , which pleaded William Dunlop guilty to the murder of Julie Hogg in 1989, mark the reduction of legal gaps in the double jeopardy rule. Dunlop exploited the rule by confessing his guilt to a prison incumbent knowing that he could not be re-trialed. However, the amendments get alonged as a deterrent to such exploitation. The Attorney General, Lord Goldsmith, commented that offenders will no longer be able to escape responsibility for their act should new and compelling evidence come to light. The retrospective power of the amendments prompts further reopening of cases to correct wrongful acquittals. However, challenges may...If you want to get a full essay, order it on our website: Orderessay
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