Assembly-lines and obstacle courses : the pre-trial process in Ireland
Citation:
Yvonne Marie Daly, 'Assembly-lines and obstacle courses : the pre-trial process in Ireland', [thesis], Trinity College (Dublin, Ireland). School of Law, 2008, pp 333Download Item:
Abstract:
This is a study of the pre-trial process in Ireland, i.e. the early, investigative stage of the criminal process. From the early years of the State up to the present, this element of the Irish criminal justice system has undergone immense change. This thesis considers the nature of the contemporary Irish pre-trial process and examines the factors which have influenced the development of that process in a particular manner. A key methodology of this thesis is the application of the crime control and due process models, which were developed by the American legal scholar Herbert L. Packer in the late 1960s, to the Irish pre-trial process. These models represent the contrasting value-clusters that compete for priority within most adversarial criminal justice systems and it is possible to locate such systems, or aspects thereof, at particular points along the spectrum between the extremes of the crime control and due process models. The crime control model views the repression of crime as the primary goal of the criminal process and places emphasis on speed and efficiency within the criminal process over the protection of individual rights, in order to achieve that goal. The due process model, by contrast, considers that even though the repression of crime is a laudable and important goal, other issues such as the protection of individual rights and the prevention of state oppression of the individual must also be considered.
Author: Daly, Yvonne Marie
Advisor:
Heffernan, LizMcGrath, Declan
Qualification name:
Doctor of Philosophy (Ph.D.)Publisher:
Trinity College (Dublin, Ireland). School of LawNote:
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Full text availableKeywords:
Law, Ph.D., Ph.D. Trinity College DublinMetadata
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