On British Prohibition Of Double Jeopardy Rules Draw

It is an important principle in English criminal justice that the rule against double jeopardy plays an very important role in balancing the relatives between state controlling the offences and protecting the individuals' freedom, especially when the individual face the strongest state, it can protect individuals from repeated prosecutions and trials for the same offence. However, the absolute application of the rule brings the effect of getting away with murder for the offenders by mistaken acquittal and is in contravention of the criminal justice goal that the guilt should be conviction, which throwing the public into rage and calling for the relaxation application of the rule, making exceptions to the rule, in order to put the criminals into justice. After the four years of researches and discusses, English Council enacts the Criminal Justice Act and detailed state the new evidence exception to the rule, which breaking through the core rule—the autrefois rule for the first time since the foundation of the rule and epoch-making the magnificence.This dissertation elucidates the content of the rule against double jeopardy and its reform, anatomizes and rebuilds our criminal retrial system from the macroscopical and microcosmic perspective. This dissertation comprises of six chapters, has fifteen thousand of words.The first chapter discusses the content of the rule against double jeopardy in English. This chapter divided into four sections. This section introduces and illuminates the history, meanings and justifications of the rule. The rationales of the rule against double jeopardy are: the risk of wrongful conviction; the distress of the trial process to the defendants, witnesses and victims; the need for finality and the need to encourage efficient investigation. The second section comprehensively and briefly addresses the relations between the appeal system and the rule against double jeopardy, describes and compares with the manners and approaches of appeal from the magistrates' courts and the crown courts. Furthermore, this section especially presents the post-appeal review procedures that includes the procedure of the Criminal Case review Commission, of the quashing tainted acquittal and changed the original sentence or retrial by the Magistrates' Courts. The third section narrates in detail the core content of the rule against double jeopardy—the autrefois rule, its exceptions and the abuse of process, its special circumstances. The autrefois rule comprises of the plea of autrefois acquittal and autrefois conviction. The fourth section compares the application of the rule against double jeopardy with the relative rules of The...