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What is a Miscarriage of Justice? The Irish Answer to an International Problem

Conway, Vicky, Schweppe, J. (2012) What is a Miscarriage of Justice? The Irish Answer to an International Problem. Dublin University Law Journal, 35 (1). pp. 1-33. ISSN 0332-3250. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:29612)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)

Abstract

We 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’. It 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.

Item Type: Article
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sarah Slowe
Date Deposited: 06 Jun 2012 10:29 UTC
Last Modified: 16 Feb 2021 12:40 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/29612 (The current URI for this page, for reference purposes)
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