The Presumption Of Innocence In Irish Criminal Law

Author : Claire Hamilton (Barrister)
Publisher : Justice in Controversy
Page : 276 pages
File Size : 44,6 Mb
Release : 2007
Category : History
ISBN : IND:30000116860028

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The Presumption of Innocence in Irish Criminal Law by Claire Hamilton (Barrister) Pdf

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Author : Pamela-Jane Schwikkard
Publisher : Juta and Company Ltd
Page : 212 pages
File Size : 49,6 Mb
Release : 1999
Category : Law
ISBN : 0702151440

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Presumption of Innocence by Pamela-Jane Schwikkard Pdf

The presumption of innocence is widely accepted as a fundamental principle of criminal justice. This work is an attempt to secure consensus, and to present some constructive solutions to the various theoretical and practical problems which exist in respect of the presumption of innocence.

Author : Richard L. Lippke
Publisher : Oxford University Press
Page : 288 pages
File Size : 44,6 Mb
Release : 2016-02-01
Category : Social Science
ISBN : 9780190469207

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Taming the Presumption of Innocence by Richard L. Lippke Pdf

The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

Author : Andrew Stumer
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 42,6 Mb
Release : 2010-06-14
Category : Law
ISBN : 9781847315878

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The Presumption of Innocence by Andrew Stumer Pdf

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Author : Michelle Coleman
Publisher : Routledge
Page : 148 pages
File Size : 44,6 Mb
Release : 2021-03-03
Category : Law
ISBN : 9781000352337

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The Presumption of Innocence in International Human Rights and Criminal Law by Michelle Coleman Pdf

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Author : Liz Campbell,Shane Kilcommins,Catherine O'Sullivan
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2010
Category : Criminal law
ISBN : 1905536259

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Criminal Law in Ireland by Liz Campbell,Shane Kilcommins,Catherine O'Sullivan Pdf

Criminal Law: Cases and Commentary is designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 2020
Category : Electronic
ISBN : 1911611402

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CRIMINAL LAW IN IRELAND 2ND EDITION by Anonim Pdf

Author : Caroline Fennell
Publisher : Bloomsbury Publishing
Page : 1022 pages
File Size : 45,9 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781526504937

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The Law of Evidence in Ireland by Caroline Fennell Pdf

The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.

Author : Sean E. Quinn
Publisher : Sean E. Quinn
Page : 1890 pages
File Size : 47,7 Mb
Release : 2009
Category : Criminal law
ISBN : 9781871509540

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Criminal Law in Ireland by Sean E. Quinn Pdf

Author : Paul O'Mahony
Publisher : Institute of Public Administration
Page : 852 pages
File Size : 45,5 Mb
Release : 2002
Category : Law
ISBN : 1902448715

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Criminal Justice in Ireland by Paul O'Mahony Pdf

Comprehensive overview of the Irish criminal justice system, its current problems and its vision for the future. Collection of essays by major office-holders, experienced practitioners, leading academics, legal scholars, sociologists, psychologists, philosophers and educationalists.

Author : John D. Jackson,Sarah J. Summers
Publisher : Cambridge University Press
Page : 443 pages
File Size : 40,7 Mb
Release : 2012-01-19
Category : Law
ISBN : 9781107018655

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The Internationalisation of Criminal Evidence by John D. Jackson,Sarah J. Summers Pdf

An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Author : Liz Heffernan
Publisher : Bloomsbury Publishing
Page : 1071 pages
File Size : 43,9 Mb
Release : 2021-02-10
Category : Law
ISBN : 9781526511485

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Evidence in Criminal Trials by Liz Heffernan Pdf

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.

Author : Martin Schönteich,Open Society Justice Initiative,Robert O. Varenik
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 2014
Category : Political Science
ISBN : 1936133849

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Presumption of Guilt by Martin Schönteich,Open Society Justice Initiative,Robert O. Varenik Pdf

In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.

Author : James Cooper Morton,Scott C. Hutchison
Publisher : Carswell Legal Publications
Page : 154 pages
File Size : 45,9 Mb
Release : 1987-01-01
Category : Burden of proof
ISBN : 0459305816

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The Presumption of Innocence by James Cooper Morton,Scott C. Hutchison Pdf

Release. Crimes of specific intent.

Author : Kathleen Moore Walsh,Conor Hanly
Publisher : Unknown
Page : 267 pages
File Size : 42,8 Mb
Release : 2005
Category : Criminal law
ISBN : 0717137449

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Make that Grade Irish Criminal Law by Kathleen Moore Walsh,Conor Hanly Pdf

A comprehensive outline of Irish Criminal Law.