Criminal Law (Books and Journals)
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Towards A Presumption Of Victimhood: Possibilities For Re-Balancing The Criminal Process
This article explores what changes might be possible to better accommodate victims within criminal trials. While the transplantation of foreign victim-oriented procedures is often posited, this requires a wider understanding of their intricacies. What may be possible? We here consider the advance preparation of victims by counsel, greater control of cross-examination at trial, ticketing of...
- Reflections on Irish Criminology: Conversations with Criminologists, Orla Lynch, Yasmine Ahmed, Helen Russell and Kevin Hosford (Palgrave Macmillan, 2020)
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Trends and Issues in Personal Injury
In this article the emerging trends in the trial and conduct of Personal Injury litigation in Ireland is examined. This will be through analysis of the role of the judge in these cases and an exploration of developments in statute and case law, with a particular focus on false and exaggerated claims and on s. 26 of the Civil Liability Act and Courts Act 2004. There is also a focus on debates...
- Book Review: Leahy and Fitzgerald O'Reilly, 'Sexual Offending in Ireland: Laws, Procedures and Punishment'
- Book Review: McGrath, 'White-Collar Crime in Ireland: Law and Policy'
- How Courts Treat Vulnerability in Cases of Slavery and Human Trafficking
- Inadequacy of Remedies in Cases of Human Trafficking and Modern Slavery
- The Legal Concept of 'Domestic Servitude' in the Jurisprudence of the French Cour de Cassation
- Criminal Responsibility of Trafficked Persons
- Response: Criminal Responsibility of Trafficked Persons, including issues concerning how such persons are protected from prosecution and punishment
- The Victim in the Irish Criminal Process. By Shane Kilcommins, Susan Leahy, Kathleen Moore-Walsh and Eimear Spain
- Killing Time: Life Imprisonment and Parole in Ireland. By Diarmuid Griffin
- Dual Criminality in the Corruption Offences Act 2018: A Necessary Requirement or a Hindrance?
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Reflections On The Justice And Welfare Debate For Children In The Irish Criminal Justice System
An historic neglect of juvenile justice in Ireland was ultimately replaced with substantial legislative changes by the Children Act 2001. However, the Children Court still faces challenges. ‘Childhood’ is a transient status and children in conflict with the law frequently have multiple and complex issues. The question posed in this article is whether ‘childhood’ as a status deserves a wider...
- Criminal protection for private law rights in the digital age
- Prisoners, Media and Society
- 'The Exclusion Clause' and the Intersection of International Criminal Law and the Refugee Convention
- Comments on white paper on crime: 'criminal sanctions
- Beyond the reach of justice? Complainant delay in historic child sexual abuse cases and the right to a fair trial
- In whose service?' - The use and abuse of victims' rights in Ireland
- Hidden crimes: efforts to reduce domestic and sexual violence in Ireland
- The history and development of the special criminal court 1922-2005' (Four Courts Press, 2007) Fergal Francis Davis
- Human trafficking
- The judge's charge in criminal trials' (Thomson Round Hall, 2008) Genevieve Coonan and Brian Foley
- The European Convention on Human Rights and the criminal justice system
- Summary v. Indictable: choices in the disposal of criminal cases
- A cork study on 'domestic' violence and the criminal process: tentative conclusions from the policing perspective
- Domestic violence and civil harassment: some issues which arise when the case comes to court
- Criminal justice reform in England & Wales
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What can we learn from published jury research?: findings for the criminal courts review 2001
Contrary to popular myth that "there is no jury research", there is a mass of work published throughout the world and the English legal system could learn a lot from it, in reshaping the jury system. Here I summarise findings made by a Kingston team, commissioned by the Criminal Courts Review, to analyse empirical research and personal accounts of jury service and extrapolate lessons for the...