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  • Truth or Justice? Double Jeopardy reform for Queensland: Rights in Jeopardy

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    47175.pdf (417.7Kb)
    Author(s)
    Edgely, Michelle
    Griffith University Author(s)
    Edgely, Michelle
    Year published
    2007
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    Abstract
    ABSTRACT: This paper discusses proposed reforms to double jeopardy contained within the Criminal Code (Double Jeopardy) Amendment Bill 2007 (Qld) which is likely to be passed by Queensland's parliament later this year. The paper argues that the development of double jeopardy rules and the reform debate has been muddied by doctrinal confusion over whether double jeopardy is primarily a procedural right for the protection of accused individuals or a procedural rule to protect the institutional integrity of judicial outcomes. The paper critically examines the underlying rationales for double jeopardy protections along with ...
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    ABSTRACT: This paper discusses proposed reforms to double jeopardy contained within the Criminal Code (Double Jeopardy) Amendment Bill 2007 (Qld) which is likely to be passed by Queensland's parliament later this year. The paper argues that the development of double jeopardy rules and the reform debate has been muddied by doctrinal confusion over whether double jeopardy is primarily a procedural right for the protection of accused individuals or a procedural rule to protect the institutional integrity of judicial outcomes. The paper critically examines the underlying rationales for double jeopardy protections along with arguments in support of the proposed reforms. The discussion of the proposed Queensland provisions takes place with regard to similar reforms that have been recently implemented in the UK and NSW and which are planned for New Zealand.
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    Journal Title
    Queensland University of Technology Law and Justice Journal
    Volume
    7
    Issue
    1
    Publisher URI
    http://www.law.qut.edu.au/ljj/
    Copyright Statement
    © 2007 QUT. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Law
    Publication URI
    http://hdl.handle.net/10072/16090
    Collection
    • Journal articles

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