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Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
San Diego International Law Journal
Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
University of Michigan Journal of Law Reform
Through innocent pleas and innocence procedures, this Article urges a fundamental change to the adversarial system to minimize the risk that factually innocent persons will be convicted of crimes. The current system, based on determining whether the prosecution can prove guilt beyond a reasonable doubt, results in acquittals of guilty persons when evidence is sparse and convictions of innocent persons when evidence is abundant. It might be easier philosophically to accept that guilty persons will go free than to know that some innocent persons will be convicted and imprisoned, especially in the American justice system where erroneous jury verdicts based …