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The Presumption of Innocence in Irish Criminal Law

The Presumption of Innocence in Irish Criminal Law
  • Author : Claire Hamilton (Barrister)
  • Publisher :Unknown
  • Release Date :2007
  • Total pages :252
  • ISBN : 09876543XX
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Summary : 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.

Criminal Justice in Ireland

Criminal Justice in Ireland
  • Author : Paul O'Mahony
  • Publisher :Unknown
  • Release Date :2002
  • Total pages :818
  • ISBN : 9781902448718
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Summary : 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.

Crime, Punishment and the Search for Order in Ireland

Crime, Punishment and the Search for Order in Ireland
  • Author : Shane Kilcommins
  • Publisher :Unknown
  • Release Date :2004
  • Total pages :348
  • ISBN : 9781904541134
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Summary :

The Routledge Handbook of Irish Criminology

The Routledge Handbook of Irish Criminology
  • Author : Deirdre Healy,Claire Hamilton,Yvonne Daly,Michelle Butler
  • Publisher :Unknown
  • Release Date :2015-12-14
  • Total pages :606
  • ISBN : 1317698169
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Summary : The Routledge Handbook of Irish Criminology is the first edited collection of its kind to bring together the work of leading Irish criminologists in a single volume. While Irish criminology can be characterised as a nascent but dynamic discipline, it has much to offer the Irish and international reader due to the unique historical, cultural, political, social and economic arrangements that exist on the island of Ireland. The Handbook consists of 30 chapters, which offer original, comprehensive and critical reviews of theory, research, policy and practice in a wide range of subject areas. The chapters are divided into four thematic sections: Understanding crime examines specific offence types, including homicide, gangland crime and white-collar crime, and the theoretical perspectives used to explain them. Responding to crime explores criminal justice responses to crime, including crime prevention, restorative justice, approaches to policing and trial as well as post-conviction issues such as imprisonment, community sanctions and rehabilitation. Contexts of crime investigates the social, political and cultural contexts of the policymaking process, including media representations, politics, the role of the victim and the impact of gender. Emerging ideas focuses on innovative ideas that prompt a reconsideration of received wisdom on particular topics, including sexual violence and ethnicity. Charting the key contours of the criminological enterprise on the island of Ireland and placing the Irish material in the context of the wider European and international literature, this book is essential reading for those involved in the study of Irish criminology and international and comparative criminal justice.

HUMAN RIGHTS LAW AND PRACTICE

HUMAN RIGHTS LAW AND PRACTICE
  • Author : JATINDRA KUMAR DAS
  • Publisher :Unknown
  • Release Date :2016-07-01
  • Total pages :848
  • ISBN : 8120352726
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Summary : The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It also evaluates the ongoing discourse on various issues relating to life, liberty, equality and human dignity and their reflections in international human rights law referring the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development and theories of human rights at preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human right to development and protection of environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The latter part of the book emphasises on the protection of rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang).Though the book is primarily designed for LLB, BA LLB and LLM and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society.

The Presumption of Innocence in Canonical Trials of Clerics Accused of Child Sexual Abuse

The Presumption of Innocence in Canonical Trials of Clerics Accused of Child Sexual Abuse
  • Author : William Richardson
  • Publisher :Unknown
  • Release Date :2011
  • Total pages :324
  • ISBN : 9789042925489
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Summary : Canon 1342 of the Code of Canon Law of the Roman Catholic Church presumes that a judicial procedure is the normal way to impose a legal penalty. Only when there are just reasons against its use are extra-judicial means to be employed. Perpetual penalties such as dismissal from the clerical state cannot be imposed except by means of judicial procedure. This was the author's presumption until he was faced with a direct question from a priest accused of the crime of child sexual abuse. Do I have a right to a trial, if I am accused? Am I not presumed innocent until proven guilty? This book is an attempt to answer the question. Given the rise of clerical child sexual abuse scandals in Belgium, Ireland, the Netherlands, North America and Germany, this book addresses a question of prime importance to the Church and civil society.

The Presumption of Innocence

The Presumption of Innocence
  • Author : Andrew Stumer
  • Publisher :Unknown
  • Release Date :2010-06-14
  • Total pages :258
  • ISBN : 1847315879
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Summary : 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.

Chinese Legal Reform and the Global Legal Order

Chinese Legal Reform and the Global Legal Order
  • Author : Yun Zhao,Michael Ng
  • Publisher :Unknown
  • Release Date :2017-11-09
  • Total pages :326
  • ISBN : 110718200X
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Summary : A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Criminal Evidence and Human Rights

Criminal Evidence and Human Rights
  • Author : Paul Roberts,Jill Hunter
  • Publisher :Unknown
  • Release Date :2012-05-18
  • Total pages :450
  • ISBN : 1847319459
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Summary : Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

The Irish Law Times and Solicitors' Journal

The Irish Law Times and Solicitors' Journal
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :1878
  • Total pages :229
  • ISBN : 09876543XX
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Summary :

Guilty Until Proven Innocent

Guilty Until Proven Innocent
  • Author : Jon Robins
  • Publisher :Unknown
  • Release Date :2018-05-08
  • Total pages :352
  • ISBN : 178590390X
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Summary : Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the ‘bad old days’ of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain’s legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.

An Introduction to Irish Criminal Law

An Introduction to Irish Criminal Law
  • Author : Conor Hanly
  • Publisher :Unknown
  • Release Date :2015-08-28
  • Total pages :400
  • ISBN : 9780717159734
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Summary : Fully revised and updated edition, with a greater focus on standard university criminal law syllabi. All major changes to criminal law up to the end of 2013 are discussed, including: New Legislation Covered in Detail Criminal Law (Sexual Offences) Act 2006 Criminal Law (Insanity) Act 2006 Criminal Law (Sexual Offences) (Amendment) Act 2007 Criminal Law (Insanity) Act 2010 Criminal Law (Defence and the Dwelling) Act 2011 Criminal Justice (Public Order) Act 2011 Protection of Life During Pregnancy Act 2013 New Legislation, individual provisions of which will becovered Criminal Justice Act 2006 Criminal Justice Act 2007 Criminal Justice (Human Trafficking) Act 2008 Criminal Justice (Amendment) Act 2009 Criminal Procedure Act 2010 Criminal Justice Act 2011 Criminal Justice (Female Genital Mutilation) Act 2012 Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Adults) Act 2012 Criminal Law (Human Trafficking) (Amendment) Act 2013 Law Reform Commission Papers Report on Homicide: Murder and Involuntary Manslaughter (LRC 87-2008) Report on Defences in Criminal Law (LRC 95-2009) Report on Inchoate Offences (LRC 99-2010) Consultation Paper on Sexual Offences and Capacity to Consent (LRC CP 63-2011) Written For: Law students Legal professional entry exams Social care and social science courses "

Reports of Cases in Criminal Law Argued and Determined in All the Courts in England and Ireland

Reports of Cases in Criminal Law Argued and Determined in All the Courts in England and Ireland
  • Author : Edward William Cox
  • Publisher :Unknown
  • Release Date :1850
  • Total pages :229
  • ISBN : 09876543XX
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Summary :

The Criminal Process

The Criminal Process
  • Author : Thomas O'Malley (LLM.)
  • Publisher :Unknown
  • Release Date :2009-01-01
  • Total pages :1079
  • ISBN : 9781858004624
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Summary : The Criminal Process examines the current law on central issues arising before, during, and after the criminal trial. It provides you with a clear explanation of the main legal and policy issues connected with the investigation and prosecution of crime, the trial process itself, the post-conviction remedies and related matters. This new title will bring practitioners right up-to-date and includes the relevant provisions of the Criminal Justice Acts 2006-2007 and the new Guidelines for Prosecutors. It also examines the emerging law on issues like bail, delay, the duty to preserve evidence and the role of judicial review in the criminal process. It focuses on the key issues that have occupied the courts in recent years such as pre-trial remedies, delay, adverse publicity, and the duty to preserve evidence. While principally focusing on Irish and European law, The Criminal Process has a strong comparative dimension and it draws extensively on British, American and Commonwealth materials. Thomas O'Malley is a practising barrister and lectures in NUI, Galway.

The Rise and Fall of the Right of Silence

The Rise and Fall of the Right of Silence
  • Author : Hannah Quirk
  • Publisher :Unknown
  • Release Date :2016-11-25
  • Total pages :232
  • ISBN : 113600808X
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Summary : Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.

American Criminal Reports

American Criminal Reports
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :1886
  • Total pages :229
  • ISBN : 09876543XX
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Summary :

The Blue Wall of Silence

The Blue Wall of Silence
  • Author : Vicky Conway
  • Publisher :Unknown
  • Release Date :2010
  • Total pages :217
  • ISBN : 9780716530305
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Summary : Buying Irish Patriotism for a Five-Pound Note The Real Inspector Mallon Donal P. McCracken Ireland's `Moral Hospital' The Irish Borstal System 1906-1956 Conor Reidy The Presumption of Innocence and Irish Criminal Law Whittling the `Golden Thread' Claire Hamilton Youth Justice in Ireland Tough Lives, Rough Justice Ursula Kilkelly Framing two men for a murder that never occurred. Orchestrating fake IRA bomb `finds' either side of the border. Planting guns and drugs. False arrests, abuse of detainees and securing false confessions. These were the institutionalised activities in the Donegal division of an Garda Siochana that were the subject of a landmark tribunal conducted by Justice Morris. In October 2008, after six years, the Morris Tribunal completed its work. Its findings catalogued corruption, negligence, misconduct and `a blue wall of silence' in an Garda Siochana, on an unprecedented scale. The reports also highlighted the inadequacies of existing accountability systems that were reformed substantially mid-way through the work of the Tribunal, by the Garda Siochana Act 2005. The findings and recommendations of the Tribunal are particularly striking in a country where public confidence in the police has historically been exceptionally high and criticisms of the police slow to be aired. The Blue Wall of Silence questions what contribution the Tribunal has made to the accountability of the Garda Siochana, asking not just whether it has held the Gardai involved to account, but also what impact it has had on both the accountability apparatus and broader public and political attitudes towards an Garda Siochana. Has the Tribunal fundamentally altered perceptions of the Irish police or has it work been dismissed as a blip caused by a few rotten apples? Justice Morris warned that without substantial reform the activities documented could reoccur elsewhere in Ireland. Has a sufficient level of reform been achieved? In addressing these questions the book makes a substantial contribution to national and international debates on police accountability, raising within democratic societies the crucial relationships between official inquiries, policy reform and police governance.

Presumption of Innocence in Eu Anti-Cartel Enforcement

Presumption of Innocence in Eu Anti-Cartel Enforcement
  • Author : Aistė Mickonytė
  • Publisher :Unknown
  • Release Date :2018-12-03
  • Total pages :248
  • ISBN : 9004384650
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Summary : In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.

The Internationalisation of Criminal Evidence

The Internationalisation of Criminal Evidence
  • Author : John D. Jackson,Sarah J. Summers
  • Publisher :Unknown
  • Release Date :2012-01-19
  • Total pages :405
  • ISBN : 110701865X
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Summary : An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

The Cost of Counterterrorism

The Cost of Counterterrorism
  • Author : Laura K. Donohue
  • Publisher :Unknown
  • Release Date :2008-04-14
  • Total pages :229
  • ISBN : 9781139469579
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Summary : In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

Human rights and criminal procedure

Human rights and criminal procedure
  • Author : Jeremy McBride
  • Publisher :Unknown
  • Release Date :2018-06-18
  • Total pages :529
  • ISBN : 928718741X
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Summary : A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.