In the accompanying paper, we first outline the legal status quo as regards abortion in Ireland before making a case for constitutional reform. It sets out due process arguments why expert evidence on the topic should not be admitted in a criminal trial. Abstract View in KAR View Full Text Prohibition applications relating to historic child abuse charges are a litmus test of the courts' commitment to upholding fairness to the accused.
Irish Criminal Law Journal As predicted by the then-Attorney General Peter Sutherland at the time of the referendum, the 8th Amendment has introduced an uncertain and practically unusable position to Irish law. This article argues that the prohibition case law reveals two trends: It is made available here for discussion, debate and development by all interested parties. It sets out due process arguments why expert evidence on the topic should not be admitted in a criminal trial. Having established the desirability of, and need for, constitutional reform we then outline the working principles that informed our drafting of the Access to Abortion Bill , bearing in mind our intention to craft a model for reform that would be workable from the perspective of women's lives, medical practice, and politics. In examining the US decisions the article explores the challenges posed to the criminal process by the contested scientific status of recovered memory theory. It has, simply put, become "unliveable". Analysing fairness in context is shown to be a continuation of a tradition in Irish constitutional jurisprudence of understanding fairness to the accused as both fundamental and evolving. Abstract View in KAR This article reviews the decisions of the US state courts on the admissi- bility of expert testimony on recovered memory in historic child sexual abuse prosecutions. The article argues that the latter approach represents an attempt to re-imagine fairness to the accused in prohibition applications. International Journal of Evidence and Proof [Online] Abortion has been criminalised since , and the passage of the 8th Amendment in introduced 'the right to life of the unborn' into the Constitution. That Commission comprised three groups: In the accompanying paper, we first outline the legal status quo as regards abortion in Ireland before making a case for constitutional reform. The effects of the 8th Amendment are felt on a daily basis by women leaving Ireland for abortion, by pregnant women receiving maternal care, by doctors caring for pregnant women, and by lawyers working for the health service. Although drafted as part of the Labour Women Commission, and with some limited input from the other Commission groups, the proposed draft is that of the authors working within the confines of our remit as 'legal experts' to the Commission and not of the Labour Party or of Labour Women. First Law Criminal Law Online. Unlike their English and Irish counterparts, most US courts scrutinise the reliability of expert evidence on recovered memory. The authors of this Draft Bill are those legal experts. Abstract View in KAR View Full Text Prohibition applications relating to historic child abuse charges are a litmus test of the courts' commitment to upholding fairness to the accused.
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