Principles of Criminal Law Assignment

Criminal Law Assignment is based on four fundamental principles. These principles will be briefly discussed here, and then in Court - Criminal Matters and this topic.

Innocent unless proven guilty

Our criminal justice system is based on the principle that, even if a person is charged with committing an offense, they are innocent until proven guilty. The judge or jury must be convinced beyond a reasonable question that the person has committed the offense. If there is reasonable doubt about the guilt of the accused, the person is acquitted.

At this stage, the crime is only alleged.

Double jeopardy is a principle in criminal law that states that no one should be punished twice for the same crime and no one should be put at risk of conviction more than once. A person who has already been charged, tried, and cleared cannot be charged for the same offense again. A new trial may be ordered when, for example, the appellate court reverses a conviction, or when a first trial ended in a mistrial or a hung juror.

Principles of Criminal Law Assignment

The Criminal Procedure Act 1921(SA) (ss. 141-148) has been amended to remove double jeopardy for serious crimes such as murder, aggravated rape, and manslaughter, if certain conditions are met. Two situations exist in which someone can be retried after being acquitted of an offense.

·  When new and compelling evidence is presented that was not offered at the trial. The evidence must be substantial and reliable.

·  When the acquittal has been shown to be a "tainted" acquittal. When a person is not convicted for an offense because of an administration of justice infraction (perjury, fabrication, concealment, or bribery of witnesses or jurors, etc.). intimidation or attempting to pervert the course of justice). Charges can be laid against the acquitted person if it is more likely than not that they would have been convicted but for the administration of justice offense [s 148].

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