(2012) 35 DULJ Conway and Schweppe.pdf (445.68 kB)
What is a miscarriage of justice? The Irish answer to an international problem
journal contribution
posted on 2013-07-22, 13:30 authored by Vicky Conway, Jennifer SchweppeJennifer SchweppeWe inherently link miscarriages of justice with innocence. Yet the language of the term is not so restrictive, and implies that a broader definition can be contemplated, one encompassing all cases in which justice has not been done or carried. This article will begin by considering why the definition and application of the term is so problematic, followed by a conceptual and theoretical discussion of the term ‘miscarriage of justice’. I t will then look at why the change in Irish law occurred in 1993 with the passing of the Criminal Procedure Act, with a short overview of the new law. The focus will then turn to a substantive discussion of the case law on the issue, charting the evolution of the definition and difficulties that faced the judiciary. The article will conclude with a discussion supporting the approach of the Irish judiciary, arguing that it presents an important challenge to legal systems internationally.
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Dublin University Law Journal;35Publisher
Thomson Round HallNote
peer-reviewedRights
This material was first published by Thomson Reuters (Professional) Limited as Vicky Conway and Jennifer Schweppe “What is a Miscarriage of Justice? The Irish Answer to an International Problem”, (2012) 35 DULJ 1 and is reproduced by agreement with the Publishers.Language
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