Double Jeopardy Advantages And Dis

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Should the doctrine of double jeopardy be retained or not in the Northern Territory?

Double Jeopardy by definition is the process that dis-allows a defendant from being tried again for a charge that he/she was legitimately acquitted or convicted of .
The doctrine of double jeopardy has both advantages and dis-advantages. Prior to issuing a conclusion of whether or not double jeopardy should or should not be retained in the Northern Territory, I will outline the major advantages and dis-advantages. This outline will identify an insight into the reasoning as to the decision regarding retaining double jeopardy or not in the Northern Territory.
The major benefit of the doctrine of double jeopardy is the prevention of re-trying a person for the same crime. This benefits the accused by eliminating the stresses of living ones life with the potential for continually being re-tried for the same crime, whilst ensuring the prosecution has the most comprehensive case (sufficient evidence for conviction) prior to commencing court proceedings. This should ensure avoidance of both ‘autrefois acquit’ and ‘autrefois convict’ having to be applied, since the potential of re-trial should be eliminated.
Other benefits include individuals not being tried due to little or no evidence by the Department of Public Prosecutions (DPP), part formed cases that have no real evidence. This ensures a higher rate of convictions and a reduction in ‘wasted’ costs due to trials with lack of evidence (Guangdong official , The Honeymoon Killer , Salem Witchcraft Trials 1692 ).
Disadvantages due to the doctrine of double jeopardy include the increased levels of pressure on the prosecution to ensure sufficient and precise factual evidence prior to proceeding to...

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...ump and land on the pavement. This was self-inflicted. Again, it not reasonable foreseeable by Julia that her actions would cause the damage it did.
• Duress – ‘Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform’ . Based on the past violent conflicts, Julia could have potentially feared Tony. Her fear possibly motivated her to act in the threatening manner that lead to the jump that ultimately killed Tony.
• Excuse – Division 4 s33 NT Criminal Code - unlikely, however possible defense.
Following a review of the Northern Territory office of the director of public prosecutions (NTDPP), it is recommended that proceedings for the prosecution commences. The decision to proceed with prosecution on manslaughter charges are in agreement with the NT Office of the Director of Public Prosecution s2.1 .

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