double-jeopardy
Has double jeopardy ever been used as an escape to any crime?
<p>There are other questions on Law.SE asking about specific hypotheticals related to the double jeopardy rule, but are there any <strong>concrete, actual</strong> recorded cases of anyone, in all of history, in any common law jurisdiction where:</p>
<ol>
<li>'A' was acquitted of a crime AND</li>
</ol>
<ol start="2">
<li>There later emerged clear and convincing evidence that A had, in fact, committed that crime, but for specific double jeopardy/autrefois acquit reasons, an otherwise slam dunk prosecution was not permitted and A 'got away with' the crime.</li>
</ol>

<h2>Yes, but ...</h2>
<p>How can you know for sure?</p>
<p>Let's say I'm charged with, and acquitted of, murder. Immediately after my acquittal, I confess to the crime describing how I did it and producing tangible and material evidence like the murder weapon, etc. So, did I commit murder? Well, we can't say. All we can say is that if I were tried again with all this new evidence, I'd <em>probably</em> be convicted but we can never know for sure because that trial isn't going to happen.</p>
<h2>Examples of people who (possibly) evaded justice due to double jeopardy</h2>
<ul>
<li><a href="https://www.smh.com.au/world/seven-years-after-not-guilty-verdict-man-admits-killing-colleague--and-police-cant-do-anything-20110803-1iacz.html" rel="noreferrer">Isaac Turnbaugh</a>,</li>
<li><a href="https://en.wikipedia.org/wiki/If_I_Did_It" rel="noreferrer">O J Simpson</a>,</li>
<li><a href="https://en.wikipedia.org/wiki/Fong_Foo_v._United_States" rel="noreferrer">Fong Foo</a>,</li>
<li><a href="https://en.wikipedia.org/wiki/Mel_Ignatow" rel="noreferrer">Mel Ignatow</a></li>
<li>This <a href="https://www.abc.net.au/news/2019-12-03/queensland-double-jeopardy-murder-trial-rejected/11760196" rel="noreferrer">Unnamed</a> Queensland man (double jeopardy can be waived under Queensland law when there is new &quot;clear and compelling evidence&quot; - the court found the evidence was neither clear nor compelling),</li>
<li><a href="https://www.dallasnews.com/news/crime/2013/05/27/dallas-man-arrested-in-murder-case-goes-free-because-of-double-jeopardy/" rel="noreferrer">Sharone Sylvester Brown</a>.</li>
</ul>
<p>On the other side of the ledger, <a href="https://www.bbc.com/news/uk-england-london-50418212" rel="noreferrer">Michael Weir</a> was the first person convicted after the UK changed its double jeopardy laws in 2005 allowing the Court of Appeal to grant a retrial if &quot;new, compelling, reliable and substantial evidence&quot; had emerged.</p>

<p>The <a href="https://en.wikipedia.org/wiki/Mel_Ignatow" rel="noreferrer">Mel Ignatow</a> case is probably among the most famous. There was also a <a href="https://www.dallasnews.com/news/crime/2013/05/27/dallas-man-arrested-in-murder-case-goes-free-because-of-double-jeopardy/" rel="noreferrer">case in Texas</a> more recently, though double jeopardy was triggered by a conviction for a lesser included offense, rather than a conviction..</p>

<p><a href="https://en.wikipedia.org/wiki/Emmett_Till" rel="nofollow noreferrer">In 1941 a 14 year old boy</a> in the USA was brutally tortured and murdered. He was acquitted by the probably biased jury. After their acquittal the group spoke openly about their deed in an interview, confident and without worry, knowing they would never get convicted, because of double jeopardy laws.</p>
<hr />
<p>A man who raped and killed a <a href="https://de.wikipedia.org/wiki/Frederike_von_M%C3%B6hlmann" rel="nofollow noreferrer">17 year old girl in Germany 30 years ago</a> stood trial back then and was convicted to a lifetime prison sentence, but later in an appeal trial had to be acquitted as it was determined that the evidence was not beyond reasonable doubt.</p>
<p>Then 21 years later, or 9 years ago now, a DNA analysis of a sperm sample collected from the victim, which wouldn't have been possible back then, provided clear and convincing evidence for his guilt. But another prosecution was not allowed, because it would have been double jeopardy. The (still unconvicted) rapist and murderer Ismet H. still walks around scot-free.</p>
<p>A change in legislation seem to be finally underway after public petitions led by the victim's father, seeking to make repeated prosecution in the light of new evidence allowable in cases of grievous crimes like murder or genocide. But it is not finalized yet.</p>
