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

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Author(s)
Edgely, Michelle
Griffith University Author(s)
Year published
2007
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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 ...
View more >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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View more >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.
View less >
Journal Title
Queensland University of Technology Law and Justice Journal
Volume
7
Issue
1
Publisher URI
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