The Presumption Of Innocence In Irish Criminal Law

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The Presumption of Innocence in Irish Criminal Law

Author : Claire Hamilton (Barrister)
Publisher : Justice in Controversy
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Presumption of Innocence in Irish Criminal Law by : Claire Hamilton (Barrister)

Download or read book The Presumption of Innocence in Irish Criminal Law written by Claire Hamilton (Barrister) and published by Justice in Controversy. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law in Ireland

Author : Liz Campbell
Publisher :
ISBN 13 : 9781905536252
Total Pages : 0 pages
Book Rating : 4.5/5 (362 download)

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Book Synopsis Criminal Law in Ireland by : Liz Campbell

Download or read book Criminal Law in Ireland written by Liz Campbell and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

The Presumption of Innocence in Irish Criminal Law

Author : Claire Hamilton (Barrister)
Publisher :
ISBN 13 : 9780716534082
Total Pages : 0 pages
Book Rating : 4.5/5 (34 download)

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Book Synopsis The Presumption of Innocence in Irish Criminal Law by : Claire Hamilton (Barrister)

Download or read book The Presumption of Innocence in Irish Criminal Law written by Claire Hamilton (Barrister) and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Internationalisation of Criminal Evidence

Author : John D. Jackson
Publisher : Cambridge University Press
ISBN 13 : 110701865X
Total Pages : 443 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson

Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Presumption of Guilt

Author : Martin Schönteich
Publisher :
ISBN 13 : 9781936133840
Total Pages : 0 pages
Book Rating : 4.1/5 (338 download)

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Book Synopsis Presumption of Guilt by : Martin Schönteich

Download or read book Presumption of Guilt written by Martin Schönteich and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evidence in Criminal Trials

Author : Liz Heffernan
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511487
Total Pages : 1071 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Evidence in Criminal Trials by : Liz Heffernan

Download or read book Evidence in Criminal Trials written by Liz Heffernan and published by Bloomsbury Publishing. This book was released on 2021-02-10 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

The International Covenant on Civil and Political Rights

Author : Sarah Joseph
Publisher : Oxford University Press, USA
ISBN 13 : 0199641943
Total Pages : 1042 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The International Covenant on Civil and Political Rights by : Sarah Joseph

Download or read book The International Covenant on Civil and Political Rights written by Sarah Joseph and published by Oxford University Press, USA. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3. The 'Victim' requirement

The Right to a Fair Trial in International Law

Author : Amal Clooney
Publisher : Oxford University Press, USA
ISBN 13 : 0198808399
Total Pages : 1057 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney

Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Constitutional Law of Ireland

Author : Michael Forde
Publisher : Bloomsbury Publishing
ISBN 13 : 1784518751
Total Pages : 1220 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Constitutional Law of Ireland by : Michael Forde

Download or read book Constitutional Law of Ireland written by Michael Forde and published by Bloomsbury Publishing. This book was released on 2016-10-14 with total page 1220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally written for the fiftieth anniversary of the Constitution of Ireland, this book is an account of how the Constitution's requirements have been implemented by the legislature and interpreted by the courts. In this way it provides an integrated and contextual account of constitutional law in Ireland. It goes as far as to place it in context of some foreign constitutions, especially the Constitutions of the United States, France, Germany and the United Kingdom, as indeed the Irish courts refer frequently to other countries for guidance in interpreting the Constitution. The book largely falls into four parts. The first few chapters are introductory and cover the drafting and adoption of the Constitution, some features of the State and its citizens, and the judicial review of laws. The next few chapters deal with the various institutions of government and with the activities of the State in the international arena and in relation to fiscal matters. Then following on from this there are a number of chapters which consider what may be termed the various civil liberties and rights. There is a final brief section, towards the end of the book which deals with the various legal breaches of the Constitution. This new edition has been extensively rewritten to account for the enormous to take into account the tumultuous changes in Irish Constitutional Law in the intervening years. Challenges to articles, referenda, new legislation, and cases are all judicially considered. Michael Forde and David Leonard offer the reader everything they need to know on this complex subject.

The Oxford Handbook of International Criminal Law

Author : Darryl Robinson
Publisher : Oxford University Press
ISBN 13 : 0192558897
Total Pages : 894 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Crime, Punishment and the Search for Order in Ireland

Author : Shane Kilcommins
Publisher : Institute of Public Administration
ISBN 13 : 9781904541134
Total Pages : 366 pages
Book Rating : 4.5/5 (411 download)

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Book Synopsis Crime, Punishment and the Search for Order in Ireland by : Shane Kilcommins

Download or read book Crime, Punishment and the Search for Order in Ireland written by Shane Kilcommins and published by Institute of Public Administration. This book was released on 2004 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Stolen Asset Recovery

Author :
Publisher : World Bank Publications
ISBN 13 : 082137902X
Total Pages : 284 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Stolen Asset Recovery by :

Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Courts and Criminals

Author : Arthur Train
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Courts and Criminals by : Arthur Train

Download or read book Courts and Criminals written by Arthur Train and published by . This book was released on 1912 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights, Serious Crime and Criminal Procedure

Author : Andrew Ashworth
Publisher :
ISBN 13 : 9780421782907
Total Pages : 145 pages
Book Rating : 4.7/5 (829 download)

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Book Synopsis Human Rights, Serious Crime and Criminal Procedure by : Andrew Ashworth

Download or read book Human Rights, Serious Crime and Criminal Procedure written by Andrew Ashworth and published by . This book was released on 2002 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Law

Author : Peter Charleton
Publisher : Butterworth-Heinemann
ISBN 13 : 9781854758453
Total Pages : 1224 pages
Book Rating : 4.7/5 (584 download)

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Book Synopsis Criminal Law by : Peter Charleton

Download or read book Criminal Law written by Peter Charleton and published by Butterworth-Heinemann. This book was released on 1999 with total page 1224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a revised and expanded update to Criminal Law Cases and Materials (1992). All the relevant statues, case law and commentaries from academic authors have been retained. The re-written text of the previous edition encompasses both a thorough overview of criminal law and a practical guide to the application of those principles in the context of individual offences. The final chapter of the former work was found by practitioners to be of particular relevance. It consists of a set of sample charges covering the vast bulk of Irish criminal law with annotations from statutory materials.