Presumed competent? : an analysis of the Irish criminal jury
Citation:
Mark Coen, 'Presumed competent? : an analysis of the Irish criminal jury', [thesis], Trinity College (Dublin, Ireland). School of Law, 2012, pp 368Download Item:
Coen TCD THESIS 9974 Presumed competent.pdf (PDF) 260.9Mb
Abstract:
This thesis provides a comprehensive overview of the Irish criminal jury in its legal and social context. It investigates whether the judiciary effectively applies a presumption of competence to the jury. It argues that such a presumption is applied by judges in Ireland and in England and Wales and demonstrates this by analysing case-law from both jurisdictions. While something akin to the presumption has been referred to by a small number of commentators, this is the first study which attempts to establish its existence by identifying and analysing it systematically. The thesis employs a number of different research methodologies. Its primary method is that of doctrinal legal analysis. The reasoning in judgments concerned with particular aspects of jury trial is analysed and critiqued. Reported judgments provide the best material with which to determine the existence, application and effect of the presumption of competence at a judicial level. The research entailed searching for traces of the application of the presumption in the absence of explicit references to it by judges.
Author: Coen, Mark
Advisor:
Bacik, IvanaQualification name:
Doctor of Philosophy (Ph.D.)Publisher:
Trinity College (Dublin, Ireland). School of LawNote:
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Law, Ph.D., Ph.D. Trinity College DublinLicences: