The Courts, Crime and the Criminal Law in Ireland, 1692-1760

The Courts, Crime and the Criminal Law in Ireland, 1692-1760
Author: Neal Garnham
Publisher: Legal History
Total Pages: 328
Release: 1996
Genre: History
ISBN:

This book provides an overview of the entire process of criminal justice in Ireland, during the period. An examination of the criminal law and its implementation is followed by a study of the procedures and personnel of the courts. Judges and magistrates are considered along with village constables and their charges. There is also an analysis of crime as recorded by the courts. Offences of theft, murder, rape and riot are taken alongside pilfering and petty assaults. Finally the work examines the ways in which the legal system actually functioned and the role of the law in Irish society. Fundamental questions are asked and answered concerning the status of the law and the ways in which it was perceived by the people. This book offers new insight into the workings of eighteenth-century society. In doing so it challenges many of the preconceptions held by historians and the public alike.

The Presumption of Innocence in Irish Criminal Law

The Presumption of Innocence in Irish Criminal Law
Author: Claire Hamilton (Barrister)
Publisher: Justice in Controversy
Total Pages: 276
Release: 2007
Genre: History
ISBN:

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Criminal Law in Ireland

Criminal Law in Ireland
Author: Liz Campbell
Publisher:
Total Pages: 0
Release: 2010
Genre: Criminal law
ISBN: 9781905536252

Criminal Law: Cases and Commentary is designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland.

Murder Trials in Ireland, 1836-1914

Murder Trials in Ireland, 1836-1914
Author: William Edward Vaughan
Publisher:
Total Pages: 472
Release: 2009
Genre: History
ISBN:

The book describes how the courts dealt with murder, beginning with the coroner's inquest and ending with the conviction and hanging of the murderer. Between these two points the exquisite, almost balletic, procedure, of the courts and their officers is described, the Crown's case against the prisoner is analyzed, and the prisoner's defense is discussed. Magistrates, policemen, crown solicitors, witnesses, jurors, judges, and hangmen make their appearances. The prisoners, whose silence before and during their trials was their most notable characteristic in the nineteenth-century courts, make their apperances too, but not as prominently as their judicial custodians, until they finally and briefly come into the limelight on the gallows. An implicit theme of the book is the apparent contradiction between the apparent simplicity of the courts' procedures and the complexity of the rules that determined their operation. The book relies on a range of printed primary sources, such as newspapers, parliamentary papers, law reports, and legal textbooks, and on MS sources in the National Archives such as the Convict Reference Files. (Series: Irish Legal History Society)

CRIMINALITY IN THE IRISH COURTS

CRIMINALITY IN THE IRISH COURTS
Author: Stephen T Manning
Publisher:
Total Pages: 270
Release: 2020-07
Genre: Law
ISBN: 9781906628888

This Report has been produced for the purposes of demonstrating to 'all interested parties' the shocking levels of endemic criminality and corruption ongoing within the Irish justice system. Over a period of several years, the Integrity Ireland Association has compiled a detailed database of sworn complaints by residents of the Irish State containing incontestable evidence and proofs of deliberate, systemic, State-sponsored criminality and corruption by a broad range of Irish officials and office holders in explicit, repeat violation of Common Law and of the Irish Constitution; in breach of European Community Law; in contravention of the Charter of Fundamental Rights of the European Union (CFREU); and in open violation of internationally-recognized and agreed protocols and principles that relate to the individual's fundamental right to access justice. In particular, the Irish State appears determined NOT to allow any otherwise-legitimate cases to progress outside of the domestic jurisdiction to the European Courts, and is achieving this illicit objective through the deliberate criminal misuse and abuse of due process; through systemic obstructionism / concealing of information / refusing to engage / 'stonewalling' and documentary frauds; and is thereby denying effective access to justice. In doing so, the Irish State is not only making a nonsense and a farce of the Irish Constitution and the CFREU, but is jeopardising its membership of the European Union inasmuch as it is no longer in compliance with the Copenhagen Protocols which require that each current or prospective EU member State has, "a properly-functioning justice system" that respects, and aligns with the requirements of the Treaty on the Functioning of the European Union (TFEU). In absolute frustration at the sheer depth and breadth of the corruption, cronyism and criminality being foisted on the Irish public with brass-necked impunity by a hierarchy of hypocrites; a cabal of connected insiders, schemers, fraudsters and grovelling lackeys; by legal tricksters, pompous and deceitful who, in their wretched scramble for 'worldly success' have abandoned all but the hollow pretence of morality, and who have cravenly prostituted themselves, most royally, for their own personal slice of the poisonous, State-sponsored pie; where 'anything goes' as long as there is profit and reward in it despite the damage and distress being caused to trusting, innocent others; and in light of the now-indisputable fact that the whole ridiculous 'truth and justice' carnival in Ireland is no more than an elaborate scam and a pretence - a sordid insider's joke - whereby career liars and moral deviants hijack the mechanisms of justice, the levers of political power and the apparatus of the State so as to serve an overarching, repugnant agenda; to foster and protect an extraordinarily corrupt status quo whilst suppressing the truth and controlling the narrative so as to continue to mislead and deceive all objective observers. Given that all efforts to secure remedies via the criminal justice system have now been exhausted, this Report is being published in alignment with the reporting obligations of the Criminal Justice Act 2011 which requires citizens to report offences, "..where there is prima facie evidence of the commission of a relevant offence". Whilst general reference is made to many historical or ongoing cases, for practical reasons, the contents of this Report refer to only one such extended case - albeit encompassing many of the criminal violations that are common to all. This publication is referenced in the founding documents of The Peoples' Tribunal of Ireland.

An Introduction to Irish Criminal Law

An Introduction to Irish Criminal Law
Author: Conor Hanly
Publisher: Gill & MacMillan
Total Pages: 378
Release: 1999-01-01
Genre: Criminal law
ISBN: 9780717128365

An introductory text for Irish Students covering the core elements of Criminal Law.

The Laws and Other Legalities of Ireland, 1689-1850

The Laws and Other Legalities of Ireland, 1689-1850
Author: Seán Patrick Donlan
Publisher: Routledge
Total Pages: 409
Release: 2016-03-03
Genre: History
ISBN: 1317025997

While Irish historical writing has long been in thrall to the perceived sectarian character of the legal system, this collection is the first to concentrate attention on the actual relationship that existed between the Irish population and the state under which they lived from the War of the Two Kings (1689-1691) to the Great Famine (1845-1849). Particular attention is paid to an understanding of the legal character of the state and the reach of the rule of law, with contributors addressing such themes as: how law was made and put into effect; how ordinary people experienced the law and social regulations; how Catholics related to the legal institutions of the Protestant confessional state; and how popular notions of legitimacy were developed. These themes contribute to a wider understanding of the nature of the state in the long eighteenth century and will therefore help to situate the study of Irish society into the mainstream of English and European social history.

The Kingdom of Ireland, 1641-1760

The Kingdom of Ireland, 1641-1760
Author: Toby Barnard
Publisher: Bloomsbury Publishing
Total Pages: 187
Release: 2017-03-10
Genre: History
ISBN: 1350317330

How did the Protestants gain a monopoly over the running of Ireland and replace the Catholics as rulers and landowners? To answer this question, Toby Barnard: - Examines the Catholics' attempt to regain control over their own affairs, first in the 1640s and then between 1689 and 1691 - Outlines how military defeats doomed the Catholics to subjection, allowing Protestants to tighten their grip over the government - Studies in detail the mechanisms - both national and local - through which Protestant control was exercised Focusing on the provinces as well as Dublin, and on the subjects as well as the rulers, Barnard draws on an abundance of unfamiliar evidence to offer unparalleled insights into Irish lives during a troubled period.