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This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.
Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
John Banville’s stunning powers of mimicry are brilliantly on display in this engrossing novel, the darkly compelling confession of an improbable murderer. Freddie Montgomery is a highly cultured man, a husband and father living the life of a dissolute exile on a Mediterranean island. When a debt comes due and his wife and child are held as collateral, he returns to Ireland to secure funds. That pursuit leads to murder. And here is his attempt to present evidence, not of his innocence, but of his life, of the events that lead to the murder he committed because he could. Like a hero out of Nabokov or Camus, Montgomery is a chillingly articulate, self-aware, and amoral being, whose humanity is painfully on display.
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.
This work is a revised and expanded update to Criminal Law Cases and Materials (1992). All the relevant statues, case law and commentaries from academic authors have been retained. The re-written text of the previous edition encompasses both a thorough overview of criminal law and a practical guide to the application of those principles in the context of individual offences. The final chapter of the former work was found by practitioners to be of particular relevance. It consists of a set of sample charges covering the vast bulk of Irish criminal law with annotations from statutory materials.
Scholarly but extremely practical work. The Hon Mr Justice Ronan Keane in the Foreword to the first edition. Part of the Round Hall Brehon Library, Evidence is unique in its breadth of coverage and detail. It deals not only with the law of evidence as it applies to criminal trials but also with the rules applicable in civil trials. It concentrates on Irish case law in relation to the Law of Evidence, but also discusses relevant jurisprudence from other jurisdictions including decisions of the European Court of Human Rights. This title is the definitive book on evidence and is a must-have for the serious practitioner. Key Features * Examines the concept of relevance and the basic rules governing the admissibility of evidence * Discusses the competence and compellability of witnesses, the rules and principles governing the examination of witnesses, previous consistent statements, and legislative provisions permitting evidence to be given by live television link and certificate * Analyses the various measures adopted to deal with the problems posed by unreliable evidence including accomplice evidence, the evidence of sexual complainants and children, and the rules regarding identification evidence * Reviews in detail all of the privileges available in criminal and civil proceedings including legal professional privilege, without prejudice privilege and public interest privilege * Gives an in-depth review of the policy and constitutional basis for the protection in Irish law of the right not to be compelled to incriminate oneself and, in particular, the right of an accused not to testify, the right to silence of a criminal suspect and the privilege against self-incrimination New to this edition * New legislation included: Criminal Justice Act 2006; Criminal Justice Act 2007; Criminal Procedure Act 2010; Criminal Justice Act 2011 * Cases covered include: People (DPP) v Gormley (2014); People (DPP) v Murphy (2013); Inspector of Taxes v A Firm of Solicitors (2013); People (DPP) v Curran (2011); DPP v Bolger (No. 2) (2014); McNulty v Ireland (2013), and DPP v McNeill (2011). Contents Relevance and admissibility; The burden of proof; Oral evidence; Unreliable evidence; The rule against hearsay; Opinion evidence; Improperly obtained evidence; Confessions; Character evidence; Privilege; Self-incrimination; Documentary, real and electronic evidence; Facts not requiring proof About the author Declan McGrath SC is a practising barrister.
The newest version of the Federal Rules of Evidence, reproduced in the appendix, are the anchor of this single-volume Nutshell, with some state variations noted where important. The text summarizes significant U.S. Supreme Court decisions, including the latest Confrontation Clause cases; additional leading cases; forefront expert and scientific evidence developments; and principal schools of evidentiary thought. It includes practical implementation as well as scholarly approaches, and pays attention to the litigation process as a whole and interdisciplinary cross-pollination where helpful.