The Criminal Context Flashcards
List five key points from Justice Hardiman’s article “Weasel Words and Doubtful Meanings: A Study in the Language of Law ‘Reform’”
- The idea of “justice for victims” is being used to abridge the rights of the accused.
- The growing trend of assuming those charged with an offence are guilty (e.g. “tougher bail for criminals’)
- Acquittals not being seen as a “good outcome” of the process
- Rights of the accused no longer being seen as human/civil rights.
- The Committee for Rebalancing Criminal law did not include a single criminal lawyer, which supports a common stereotype that criminal lawyers are somehow dishonest/unethical.
How is murder defined in Irish law?
Section 4 of the Criminal Justice Act 1964
(1) Where a person kills another unlawfully the killing shall not be murder unless the accused person intended to kill, or cause serious injury to, some person, whether the person actually killed or not.
(2) The accused person shall be presumed to have intended the natural and probable consequences of his conduct; but this presumption may be rebutted
How are serious offences differentiated from non-serious offences?
This distinction is used in various statutes and its meaning depends on how it is defined in the particular piece of legislation.
When is an offence arrestable?
Under s 1 of the Criminal Law Act 1997 an offence is arrestable if it carries a potential prison sentence of 5 years or more.
What is the difference between a summary and an indictable offence?
An indictable offence is one which may or must be tried before a jury, while a summary offence is one which can only be tried before a judge sitting without a jury.
What differentiates a minor offence from a major offence?
The penalty is the primary focus (12 months or less in prison, “small fine” 5,000 or less)
Article 38.5
With the exception of offences against military law, participation in war and armed rebellion and offences tried by special courts because the ordinary courts are inadequate, all non-minor offences must be tried by jury
Article 38.2
Minor offences may be tried by courts of summary jurisdiction.
Protections Stemming from Article 38.1
- The presumption of innocence
- Proof beyond reasonable doubt
- Trial by a court
- Legal aid
- Right to silence
- Cross-examination
- Protection from unconstitutionally obtained evidence
- Protection against double jeopardy
- Right to an early trial
Article 38.1
No person shall be tried on any criminal charge save in due course of law.
Article 15.5.1
The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission.
Name the courts of first instance in Ireland for criminal cases
District Court (minor offences)
Circuit Criminal Court (non-minor offences other than murder or rape)
Central Criminal Court (murder and rape cases)
Special Criminal Court (terrorism, organised crime, other offences where jury intimidation is a possibility)
When are cases tried by jury in Ireland?
- In the Circuit Criminal Court, if they are non-minor offences other than murder and rape
- In the Central Criminal Court if they are murder and rape cases
Guidelines for Prosecutors - Factors in Deciding Whether or Not to Prosecute
- Will this serve a public interest?
- Is the suspect themselves a victim of a crime? (e.g. human trafficking)
- Is there sufficient evidence?
- The nature of the offence supposedly committed
- Whether the suspect experienced coersion/duress
- Has the suspect cooperated with authorities?
- Are there alternatives to prosecution?
- The impact prosecuting/not prosecuting will have on the victim
- Age/mental capacity of the suspect
- The idea of “justice for victims” is being used to abridge the rights of the accused.
- The growing trend of assuming those charged with an offence are guilty (e.g. “tougher bail for criminals’)
- Acquittals not being seen as a “good outcome” of the process
- Rights of the accused no longer being seen as human/civil rights.
- The Committee for Rebalancing Criminal law did not include a single criminal lawyer, which supports a common stereotype that criminal lawyers are somehow dishonest/unethical.
List five key points from Justice Hardiman’s article “Weasel Words and Doubtful Meanings: A Study in the Language of Law ‘Reform’”
