Agnosticism / Atheism

  1. Home
  2. Religion & Spirituality
  3. Agnosticism / Atheism
photo of Austin Cline

Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Double Jeopardy Rule Scrapped

Sunday November 23, 2003
The legal principle of "double jeopardy" stipulates that if you are tried for a crime and found innocent, then the government cannot try you again for the same crime. The idea is that the government, with all its power and resources, could easily harass a person or group by continually trying them for the same charges in an attempt to either finally get a jury that will convict or to simply wear the accused down, forcing them into bankruptcy or even into accepting a plea bargain. Britain, where the principle of double jeopardy originated, is now deciding to get rid of it (at least in some circumstances).

The Houston Chronicle reports:

But under the Criminal Justice Bill, introduced by Prime Minister Tony Blair's government, a person acquitted of certain serious offenses will face a second trial if compelling new details, such as DNA evidence, come to light. ... After intense talks Thursday, the Lords backed government plans for judge-only trials in cases where there is a danger a jury could be intimidated. The government in return agreed to put shelve its plans to scrap juries in complex fraud cases.

Although I am sure that there are extreme cases where such measures seem like they would make sense, I have to say that I find such developments to be deeply disturbing. Who decides when evidence is "compelling" enough to dismiss the principle of double jeopardy - and upon what standards? Who decides when there is enough danger to simply dismiss the idea of a jury trial and go straight to a judge? I'm not sure that I like where all of that is leading.

Comments

No comments yet. Leave a Comment

Leave a Comment

Line and paragraph breaks are automatic. Some HTML allowed: <a href="" title="">, <b>, <i>, <strike>

Discuss

Community Forum

Explore Agnosticism / Atheism

About.com Special Features

Myths About Islam

Ten common misconceptions about Islam debunked. More >

Prayers for All Occasions

Use these prayers to inspire and inform your own conversations with God. More >

Agnosticism / Atheism

  1. Home
  2. Religion & Spirituality
  3. Agnosticism / Atheism

©2009 About.com, a part of The New York Times Company.

All rights reserved.