Criminal Law Context I Flashcards
What is the chief concern of criminal law?
“To prohibit behaviour that represents a serious wrong against an individual, or against some fundamental societal value or institution” - Ashworth
What does Ashworth say about the criminal law and condemnation?
Strongest form of condemnation; may amount to a serious deprivation of liberty
What does Ashworth say about the criminal law and condemnation?
Strongest form of condemnation; may amount to a serious deprivation of liberty
What 4 things does the criminal law do?
- Guide to behaviour - Deter/prohibits certain behaviours
- Punishment of those who violate its rules
- Outrage of society (Branding; fair-labelling/fair process)
- Manifestation of state power
What is the DPP?
An independent office holder who prosecutes in the name of the people of Ireland
How was the DPP established?
Prosecution of Offences Act 1974
What are the 2 factors in the decision on whether to prosecute?
- The strength of the evidence (reasonable prospect of securing a conviction)
- Whether it is in the public interest to prosecute
Discuss the guidelines for prosecutors
Where are 99% of crimes tried?
The District Court
What are the most common offences?
- Road traffic offences
- Theft
- Public order
- Criminal damage
What is the most common penalty?
The imposition of a fine
Name 5 other agencies apart from the DPP who may prosecute offences
- The Revenue Commissioners
- EPA
- CCPC
- Health and Safety Authority
- Corporate Enforcement Authority
What proportion of prosecutions for indictable offences had an outcome of a guilty plea
94%
What did O’Donnell J say in Murphy v Ireland [2014] IESC 19 about trial by jury?
Very important constitutional right even though happens in a very small number of cases
What are the 4 venues for first-instance criminal trials?
- DC
- CC
- CCC
- SCC
