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The victim in the Irish criminal process

The victim in the Irish criminal process
Author: Shane Kilcommins
Publisher: Manchester University Press
Total Pages: 153
Release: 2018-03-20
Genre: Political Science
ISBN: 1526106396

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Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims’ satisfaction in the criminal justice system. The Republic of Ireland has seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this book is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated. The book discusses the historical and theoretical concern for crime victims in the criminal justice system, examins the variety of forms of legal and service provision inclusion, amd concludes by analysing the various needs of victims which continue to be unmet.


Criminal Justice in Ireland

Criminal Justice in Ireland
Author: Paul O'Mahony
Publisher: Institute of Public Administration
Total Pages: 852
Release: 2002
Genre: Law
ISBN: 9781902448718

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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.


Irish Criminal Justice

Irish Criminal Justice
Author: Vicky Conway
Publisher:
Total Pages: 0
Release: 2010
Genre: Criminal justice, Administration of
ISBN: 9781905536320

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The Irish criminal justice system is vast, heavily regulated, and intensely litigated. In the last ten years alone, there has been a plethora of new legislation introduced, significantly impacting on the operation of the system. Within the criminal process, fundamental human rights and core interests of the community and society as a whole come into sharp conflict. As an area of study, criminal justice and procedure is complex, challenging, and stimulating. This book provides an accessible yet critical analysis of key themes and stages in the Irish criminal process. It begins with an overview of the theoretical framework of the process and then analyzes key issues from initial arrest to sentence and post-sentencing appeals. Controversial questions - such as police powers, the role of the prosecutor, victims' rights, juvenile justice, and miscarriages of justice - are also addressed in a comprehensive and engaging manner. Irish Criminal Justice: Theory, Process and Procedure incorporates up-to-date developments in domestic legislation and case-law, while integrating the latest developments in human rights law, as they affect the area. The book will be essential for all students of criminal justice and procedure, at both undergraduate and postgraduate levels. As a comprehensive account of the Irish criminal process, it will also be a useful resource for practitioners in the area.


The Irish Criminal Process

The Irish Criminal Process
Author: Edward F. Ryan
Publisher:
Total Pages: 595
Release: 1983-01-01
Genre: Criminal procedure
ISBN: 9780853427001

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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: Justice in Controversy
Total Pages: 276
Release: 2007
Genre: History
ISBN:

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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 Oxford Handbook of Criminal Process

The Oxford Handbook of Criminal Process
Author: Darryl K. Brown
Publisher: Oxford University Press
Total Pages: 952
Release: 2019-02-22
Genre: Law
ISBN: 0190659866

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The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.


Criminal Justice: A Very Short Introduction

Criminal Justice: A Very Short Introduction
Author: Julian V. Roberts
Publisher: OUP Oxford
Total Pages: 144
Release: 2015-08-27
Genre: Law
ISBN: 0191025879

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The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.


The Routledge Handbook of Irish Criminology

The Routledge Handbook of Irish Criminology
Author: Deirdre Healy
Publisher: Routledge
Total Pages: 724
Release: 2015-12-14
Genre: Social Science
ISBN: 1317698169

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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.


Criminal Law and Practice Review

Criminal Law and Practice Review
Author: Ivana Bacik
Publisher:
Total Pages: 0
Release: 2014
Genre: Criminal law
ISBN: 9781905536672

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The Criminal Law & Practice Review (formerly Criminal Law & Procedure Review) is a new book from Clarus Press in collaboration with the School of Law at Trinity College, Dublin. Originally based on the Criminal Law Update Conference held annually at Trinity College, the Review includes article versions of the papers presented at the conference, along with new articles and notes on recent developments in substantive and procedural criminal law in Ireland. The book will be of great interest to all criminal lawyers - including practitioners, academics, and students - as well as those interested in criminology, victimology, policing, evidence, and other related criminal law topics. Contents include: ** (Feature Articles) The Proposed Court of Appeal * Victims of Crime with Disabilities in Ireland * Sentencing White-Collar Crime Problems and Principles * Improperly Obtained Evidence, Silence, and Legal Advice: Ongoing Change in Seemingly Settled Situations? * Ireland's Proposed DNA Framework * Addressing Uncertainty in the Defenses of Self-Defense, Diminished Responsibility, and Provocation * Legislative Developments in Criminal Law and Procedure ** (Case and Commentary) Vague Offenses and the High Court * The Statutory Retention of Fingerprints.


Victims and the Criminal Trial

Victims and the Criminal Trial
Author: Tyrone Kirchengast
Publisher: Springer
Total Pages: 339
Release: 2016-08-10
Genre: Social Science
ISBN: 1137510005

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This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.