Ireland’s criminal justice system and its response to victims of crime with intellectual disabilities: adversarial procedure on trial

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dc.contributor.advisor Fennell, Caroline en
dc.contributor.advisor Parkes, Aisling en Cusack, Alan John 2018-03-08T09:11:41Z 2018 2018
dc.identifier.citation Cusack, A. J. 2018. Ireland’s criminal justice system and its response to victims of crime with intellectual disabilities: adversarial procedure on trial. PhD Thesis, University College Cork. en
dc.description.abstract This thesis explores the manner in which the Irish criminal process addresses the specific needs of victims of crime with intellectual disabilities. By critically analysing the evolution of the adversarial legal tradition, it interrogates the epistemic values which have traditionally been at the heart of Ireland’s criminal justice narrative. Commencing with an analysis of the victim-led machinery of 18th century justice, the thesis details the migratory impact which the evolution of adversarial sensibilities had on the procedural visibility of crime victims in the 19th and 20th centuries. Over the course of the past four decades, however, the crime victim has re-emerged as an important stakeholder within the Irish justice system. From the birth of an established body of victim service rights under the Victims Charter to the recognition of a growing corpus of victim procedural rights within Irish law, an inclusionary movement has emerged to address the needs and concerns of those most affected by an act of criminal wrongdoing. However the extent to which all crime victims have shared in this inclusionary movement is questionable. By adopting a critical appraisal of Ireland’s pre-trial and trial formalities, this thesis considers the true extent to which the specialised needs of crime victims with intellectual disabilities are being met within the Irish criminal justice system. Insofar as this analysis identifies an unmet need in the treatment of this vulnerable victim constituency, the thesis delineates a clear and considered strategy for securing the holistic reform of Ireland's pre-trial and trial formalities. Serving at once to temper the abelist assumptions of Ireland's adversarial criminal trial without substantively weakening the due process rights of a criminal accused, the thesis’ reform strategy offers a principled platform from which to secure the political, professional and procedural re-imagination of Ireland's legal system in a manner which ensures that the voices of all victims of crime are equally heard. en
dc.description.sponsorship Irish Research Council (GOIPG/2013/1409) en
dc.format.mimetype application/pdf en
dc.language.iso en en
dc.publisher University College Cork en
dc.rights © 2018, Alan John Cusack. en
dc.rights.uri en
dc.subject Adversarialism en
dc.subject Victimology en
dc.subject Criminal procedure en
dc.subject Crime victims en
dc.subject Due process en
dc.subject Victims with disabilities en
dc.subject Criminal law en
dc.title Ireland’s criminal justice system and its response to victims of crime with intellectual disabilities: adversarial procedure on trial en
dc.type Doctoral thesis en
dc.type.qualificationlevel Doctoral Degree (Structured) en
dc.type.qualificationname PhD (Law) en
dc.internal.availability Full text not available en Indefinite en 10000-01-01
dc.description.version Accepted Version
dc.contributor.funder Irish Research Council en
dc.description.status Not peer reviewed en Law en
dc.check.reason This thesis is due for publication or the author is actively seeking to publish this material en
dc.check.opt-out Yes en
dc.thesis.opt-out true
dc.check.entireThesis Entire Thesis Restricted
dc.check.embargoformat E-thesis on CORA only en
dc.internal.conferring Spring 2018 en

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© 2018, Alan John Cusack. Except where otherwise noted, this item's license is described as © 2018, Alan John Cusack.
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