A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?
Article
Article Title | A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer? |
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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 |
https://research.usq.edu.au/item/zq286/a-tale-of-podcasts-and-dna-lab-failures-was-queensland-s-double-jeopardy-law-reform-the-answer
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