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Rethinking the ‘Equality of Arms’ framework between the state and the accused in the Republic of Ireland
Date
2007
Abstract
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.
Supervisor
Description
peer-reviewed
Publisher
The Probation Service
Citation
Irish Probation Journal;4 (1), pp. 32-45
Collections
Files
Funding code
Funding Information
Sustainable Development Goals
External Link
Type
Article
Rights
https://creativecommons.org/licenses/by-nc-sa/1.0/