A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?

Article

Braun, Kerstin. 2024. "A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?" Criminal Law Journal. 47 (3), pp. 359-372.

Article Title	A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?
ERA Journal ID	33234
Article Category	Article
Authors	Braun, Kerstin
Journal Title	Criminal Law Journal
Journal Citation	47 (3), pp. 359-372
Number of Pages	14
Year	2024
Publisher	Lawbook Co.
Place of Publication	Australia
ISSN	0314-1160
Web Address (URL)	https://sites.thomsonreuters.com.au/journals/category/journals/criminal-law-journal/
Abstract	The double jeopardy rule protects persons from being tried and punished twice for the same offence. In Queensland, limited exceptions to this rule have been in operation since 2007. For example, an acquitted person can be retried for murder, where there is “fresh and compelling evidence”, and the re-trial is in the interests of justice. In 2023, after the discovery of DNA testing failures at a state-run Queensland forensic DNA laboratory, the Queensland government introduced a bill expanding these exceptions to additional offences. The bill became law in March 2024. This article ponders whether double jeopardy law reform was needed to respond to the DNA lab shortfalls. It considers the problem, how the new double jeopardy law reform responds to it and whether the introduced law is an appropriate remedy.
Keywords	DNA Lab; Law Reform
Contains Sensitive Content	Does not contain sensitive content
ANZSRC Field of Research 2020	480401. Criminal law
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	University of Southern Queensland

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