cl Flashcards
q: What act initially governed treason in Ireland, and what was its original ?
a: The Treason Act of 1939 initially governed treason in Ireland, imposing the death penalty upon conviction.
How did the Criminal Law Act 1997 change the classification of felonies and misdemeanors?
a: The Criminal Law Act 1997 abolished the distinction between felonies and misdemeanors, consolidating them without specific labels.
at does Article 38.5 of the Irish Constitution state regarding non-minor offenses?
rticle 38.5 provides the right to a jury trial for non-minor offenses, though “minor” is defined by case law.
hat three elements define a crime, according to Melling v. O’Mathghamhna?
a: A crime is defined by its public offense nature, punitive sanctions, and the requirement of mens rea (criminal intent).
How did Conroy v. AG help determine what constitutes a minor offense?
Conroy v. AG established that the severity of punishment helps determine if an offense is minor; even morally neutral acts may be non-minor if they have severe punishments.
q: What are summary offenses, and which court handles them?
a: Summary offenses are minor offenses handled by the District Court. punishment is either fine or imprisonment. can be up to 12 months. eg road traffic violation, theft.
ame some indictable offenses in Ireland.
ndictable offenses include serious crimes like treason, murder, conspiracy to murder, genocide, and rape.
what does the Bail Act 1997 state regarding serious offenses and bail?
a: The Bail Act 1997 allows refusal of bail for serious offenses if there is a risk of reoffending. Serious offenses are those with potential imprisonment of 5 or more years.
q: What does the Criminal Law Act 1997 allow regarding arrestable offenses?
a: The Criminal Law Act 1997 permits arrest without a warrant for offenses punishable by 5 or more years in prison.
q: What does Article 38.1 of the Irish Constitution ensure?
a: Article 38.1 ensures the right to a fair trial for individuals accused of crimes.
q: In Woolmington v. DPP, what principle was reinforced regarding the burden of proof?
a: Woolmington v. DPP reinforced that the prosecution bears the burden of proof beyond a reasonable doubt.
q: What is the standard of proof in criminal cases?
a: In criminal cases, the standard of proof is “beyond a reasonable doubt.”
q: What did Miller v. Minister for Pensions state about the “beyond reasonable doubt” standard?
a: Miller v. Minister for Pensions clarified that this standard does not require eliminating all doubt, only improbable possibilities.
q: Which articles in the Irish Constitution protect trial rights and personal rights?
a: Articles 38.1, 40.3, and 40.6 protect rights like a fair trial, privacy, bodily integrity, the right to silence, liberty, and public justice.
q: Give an example of a case that reinforced bodily integrity under Article 40.3.
a: Ryan v. A.G. is a case that reinforced the right to bodily integrity under Article 40.3.
