Decline of Due Process in the Irish Justice System: Beyond the Culture of Control?
Hibernian Law Journal, p. 125, 2006
22 Pages Posted: 21 Nov 2007 Last revised: 23 Aug 2008
Abstract
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 limited range of procedural protections. This article contends that due process values, although protected in principle, are being subsumed gradually by the imperatives of crime control in the Irish justice system.
Keywords: criminal justice, due process, procedural rights
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