Why have the double jeopardy rule?
There are a number of reasons for the double jeopardy rule: • The state has far more power to investigate and dig up evidence than an individual. This causes an asymmetry when an individual is prosecuted for an alleged crime. The individual will not have the resources to go out and look for the evidence that clears him and anyway, from the point of being charged, may be held in custody whilst he waits for his trial. Thus, the individual s ability to construct a defence against a charge is quite limited. It is for this reason that the principle that you are innocent until proven guilty has informed the development of many legal systems. Allowing repeated trials of the same person for the same offence skews an already imbalanced situation even further in the state s favour. We know that the justice system is fallible. Therefore we know that, even if evidence is not really strong enough to convict, this may still happen. Thus repeated trials of the same person for the same offence will in
