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Rethinking the ‘Equality of Arms’ framework between the state and the accused in the Republic of Ireland

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journal contribution
posted on 2015-05-19, 16:37 authored by SHANE KILCOMMINSSHANE KILCOMMINS, John Considine
Summary: Trials have evolved into an adversarial process, and the state has taken over the prosecutorial function. There are five challenges to this ‘equality of arms’: expanded powers of the state to address a perceived imbalance between prosecution and defence; emergency provisions becoming part of normal law; the application of criminal law to deal with regulatory issues; the use of civil jurisdiction as a crime prevention strategy; and the accommodation of victims and witnesses within the system. Maintaining a balance between security and public protection on the one hand and strong due process safeguards on the other is a complex task. But keeping both perspectives in mind helps ensure that new measures are driven by evidencebased criteria and broad considerations of strategy.

History

Publication

Irish Probation Journal;4 (1), pp. 32-45

Publisher

The Probation Service

Note

peer-reviewed

Language

English

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