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Home > Rethinking the ‘equality of arms’ framework between the State and the accused in the Republic of Ireland.

Kilcommins, Shane and Considine, John (2007) Rethinking the ‘equality of arms’ framework between the State and the accused in the Republic of Ireland. Irish Probation Journal , 4 , (1) , pp. 32-45.

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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 evidence-based criteria and broad considerations of strategy.


Item Type
Article
Date
2007
Page Range
pp. 32-45
Publisher
The Probation Service & Probation Board for Northern Ireland
Volume
4
Number
1
EndNote
Accession Number
HRB (Electronic Only)
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