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Title The Presumption of Innocence in Irish Criminal Law
Author Claire Hamilton (Barrister)
Publisher Unknown
Release Date 2007
Category History
Total Pages 252
ISBN IND:30000116860028
Language English, Spanish, and French
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Book 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.

Title Criminal Justice in Ireland
Author Paul O'Mahony
Publisher Institute of Public Administration
Release Date 2002
Category Courts
Total Pages 818
ISBN 1902448715
Language English, Spanish, and French
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Book 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.

Title Crime Punishment and the Search for Order in Ireland
Author Shane Kilcommins
Publisher Institute of Public Administration
Release Date 2004
Category Criminal justice, Administration of
Total Pages 348
ISBN 1904541135
Language English, Spanish, and French
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Book Summary:

Title The Presumption of Innocence
Author Andrew Stumer
Publisher Bloomsbury Publishing
Release Date 2010-06-14
Category Law
Total Pages 258
ISBN 9781847315878
Language English, Spanish, and French
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Book 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.

Title The Routledge Handbook of Irish Criminology
Author Deirdre Healy
Publisher Routledge
Release Date 2015-12-14
Category Social Science
Total Pages 606
ISBN 9781317698166
Language English, Spanish, and French
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Book 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 by JATINDRA KUMAR DAS

Title HUMAN RIGHTS LAW AND PRACTICE
Author JATINDRA KUMAR DAS
Publisher PHI Learning Pvt. Ltd.
Release Date 2016-07-01
Category Law
Total Pages 848
ISBN 9788120352728
Language English, Spanish, and French
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Book 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.

Title Chinese Legal Reform and the Global Legal Order
Author Yun Zhao
Publisher Cambridge University Press
Release Date 2017-11-09
Category Law
Total Pages 326
ISBN 9781107182004
Language English, Spanish, and French
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Book Summary:

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Title An Introduction to Irish Criminal Law
Author Conor Hanly
Publisher Gill & MacMillan
Release Date 2015-08-28
Category Criminal law
Total Pages 400
ISBN 0717159736
Language English, Spanish, and French
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Book 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 "

Title Guilty Until Proven Innocent
Author Jon Robins
Publisher Biteback Publishing
Release Date 2018-05-08
Category Political Science
Total Pages 352
ISBN 9781785903908
Language English, Spanish, and French
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Book 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.

Title Presumption of Innocence in Eu Anti Cartel Enforcement
Author Aistė Mickonytė
Publisher BRILL
Release Date 2018-12-03
Category Law
Total Pages 248
ISBN 9789004384651
Language English, Spanish, and French
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Book 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.

Title Human rights and criminal procedure
Author Jeremy McBride
Publisher Council of Europe
Release Date 2018-06-18
Category Political Science
Total Pages 529
ISBN 9789287187413
Language English, Spanish, and French
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Book 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.

Title The Rise and Fall of the Right of Silence
Author Hannah Quirk
Publisher Routledge
Release Date 2016-11-25
Category Law
Total Pages 232
ISBN 9781136008085
Language English, Spanish, and French
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Book 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.

Title The Irish Law Times and Solicitors Journal
Author Anonim
Publisher Unknown
Release Date 1878
Category Law
Total Pages 86
ISBN HARVARD:32044106251291
Language English, Spanish, and French
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Book Summary:

Criminal Law In Ireland by Liz Campbell

Title Criminal Law in Ireland
Author Liz Campbell
Publisher Unknown
Release Date 2010
Category Law
Total Pages 1182
ISBN 1905536259
Language English, Spanish, and French
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Book Summary:

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.

Title The Internationalisation of Criminal Evidence
Author John D. Jackson
Publisher Cambridge University Press
Release Date 2012-01-19
Category Law
Total Pages 405
ISBN 9781107018655
Language English, Spanish, and French
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Book Summary:

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

Title Big Data Crime and Social Control
Author Aleš Završnik
Publisher Routledge
Release Date 2017-09-20
Category Social Science
Total Pages 230
ISBN 9781315395760
Language English, Spanish, and French
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Book Summary:

From predictive policing to self-surveillance to private security, the potential uses to of big data in crime control pose serious legal and ethical challenges relating to privacy, discrimination, and the presumption of innocence. The book is about the impacts of the use of big data analytics on social and crime control and on fundamental liberties. Drawing on research from Europe and the US, this book identifies the various ways in which law and ethics intersect with the application of big data in social and crime control, considers potential challenges to human rights and democracy and recommends regulatory solutions and best practice. This book focuses on changes in knowledge production and the manifold sites of contemporary surveillance, ranging from self-surveillance to corporate and state surveillance. It tackles the implications of big data and predictive algorithmic analytics for social justice, social equality, and social power: concepts at the very core of crime and social control. This book will be of interest to scholars and students of criminology, sociology, politics and socio-legal studies.

Criminal Law Procedure And Evidence by Walter P. Signorelli

Title Criminal Law Procedure and Evidence
Author Walter P. Signorelli
Publisher CRC Press
Release Date 2017-07-27
Category Law
Total Pages 459
ISBN 9781439854501
Language English, Spanish, and French
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Book Summary:

Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the

Appraising Strict Liability by A. P. Simester

Title Appraising Strict Liability
Author A. P. Simester
Publisher Oxford University Press on Demand
Release Date 2005
Category Law
Total Pages 286
ISBN 0199278512
Language English, Spanish, and French
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Book Summary:

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions' they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent. Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of the fundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rules of strict liability and evidential presumptions. The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Title The Fundamental Concept of Crime in International Criminal Law
Author Iryna Marchuk
Publisher Springer Science & Business Media
Release Date 2013-07-29
Category Law
Total Pages 304
ISBN 9783642282461
Language English, Spanish, and French
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Book Summary:

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

The Criminal Process by Thomas O'Malley (LLM.)

Title The Criminal Process
Author Thomas O'Malley (LLM.)
Publisher Round Hall Thomson Reuters
Release Date 2009-01-01
Category Courts
Total Pages 1079
ISBN 1858004624
Language English, Spanish, and French
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Book 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.