Emsworth
Junior Chimp
Posts: 9,054
|
 |
« Reply #1 on: November 10, 2005, 05:29:43 PM » |
|
The egregious violation of personal rights involved in this case are twofold.
Firstly, the government has swept away one of the great bulwarks of liberty, the prohibition on double jeopardy. Once a jury unanimously determines an individual's innocence beyond a reasonable doubt, it is entirely unjust to compel that person to bear the cost and burden of a new trial, and to prove his innocence once again. The state might prosecute a case several times until it obtains the desired result, but an individual of limited financial resources cannot be expected to enjoy the same opportunity.
Secondly, and even more shockingly, the prohibition on double jeopardy was swept away with regard to past crimes. The Criminal Justice Act is, accordingly, a type of ex post facto law, an instrument of oppression.
|
