Thursday, July 18, 2002

double jeopardy in jeopardy

The prohibition against double jeopardy is something that we may take for granted as a right guaranteed to us under the United States Consititution. We adopted it as one of many legal traditions from Britain, and it was incorporated into our Bill of Rights. It's a little striking to see that Britain may stop following that 800 year old bar against trying a person twice for the same crime. I can't help thinking that the problem of Britain's rising crime rate would be better served by better training for their investigative officers than by removing double jeopardy. But, then again, we've had some battles here, in the States, over how the prohibition against double jeopardy should apply. And, you know, if you remove the prohibition against double jeopardy in "cases where you know that the defendant is guilty," you might as well get rid of the right to have a trial by jury too. Oh.

No comments: