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From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell
From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell
Liz Campbell
At all stages of the Irish criminal process, from pretrial detention and investigation, through the courthearing and at sentencing, a shift in focus from the due process rights of the accused towards the crime control aims of the State is apparent. Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards.
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Liz Campbell
Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …