Carr MPs revolt over double jeopardy draft!Two New South Wales Labor MPs have strongly criticised the Carr Government's proposed abolition of the 800 year old double jeopardy rule, which stops people being tried a second time for the same crime.
The left-wing MPs have branded the reforms as dishonest and unjust in a formal submission to the Attorney-General's department.
Early last month the Attorney-General released draft legislation on the Government's proposed reforms to the principle of double jeopardy. Under the reforms, a person could be re-tried for crimes such as murder if new and compelling evidence such as, DNA emerges.
However, emerges, [?] means until evidence is fabricated to ensure people are found guilty?
[And, Even though DNA evidence can be forced off prisoners in custody, profiled, and planted at crime scenes.]
Updated Links 2009:
Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.
Military lawyers await probe on DNA tampering
Member for Liverpool Paul Lynch and Coogee MP Paul Pearce are vehemently opposed to the plan, and have made a formal submission to the Attorney-General's department, outlining their concerns.
Murder charge first for DNA data bank link, but not the same as solving the murder
Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."
They say the Government's draft bill would allow a re-trial on much weaker evidence than just DNA testing and that it is "quite dishonest" for the Government to have presented it in the way it has.
They also argue that while the bill is meant to send more guilty people to jail, it may well put more innocent people behind bars.
By Noble Cause Corruption 3 Oct 03
Ed: They wanted to build a better mousetrap. So they remove an 800 year old law? A law that is guarded by the Federal Constitution. Because the authorities wanted to figure out how to make people, GO TO JAIL, just add to that Trial by Media, until they're found guilty!!!
Related:
Weak NSW Government suspends Innocence Panel
The DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.
Retrospective Laws: Mesmerised like a chook syndrome
What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr. The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.
Innocent until proven guilty
Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.
Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.
Abolition of 800 year old double jeopardy law a crime
The New South Wales Opposition has described a decision by the State Government to abolish the double jeopardy law as a political stunt.
NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.
ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.
Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.
Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.
Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.
Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.
Related Updated 2009:
Military lawyers await probe on DNA tampering
The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.
Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.
Police Corruption Links:
The reckoning of a police whistleblower
A decade after crooked cop Trevor Haken rolled over at the Wood Royal Commission into police corruption, he remains in fear of his life and says he has been left out in the cold by authorities, having reached his used-by date.
