Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

Diverse heritage: exploring literary identity in the American Southwest

Since the age of colonisation, the territory of New Mexico has been exposed to a diversity of cultural influence. Throughout recorded history various forces have battled for control of this territory, resulting in a continuous redefinition of its political, geographic and economic boundaries. Early representations of the Southwest have been defined as “strategies of negotiation” between Anglo, Hispanic and Native populations, strategies that are particularly evident in the territory of New Mexico. The contemporary identity of regions like northern New Mexico have destabilised the notion of what constitutes racial purity in regions which are defined by diversity. This thesis aims to evaluate the literary history of northern New Mexico in order to determine how exposure to a diversity of cultural influence has affected the region’s identity. An analysis of Anglo and Native writers from northern New Mexico will illustrate that these racial groups were influenced by the same geographic landscape. As such, their writing displays many characteristics unique to the region. In providing a comparative analysis of Native and Anglo authors from northern New Mexico, this thesis seeks to demonstrate commonalities of theme, structure and content. In doing so this research encourages a new perspective on New Mexico writing one which effectively de-centres contemporary notions of what the American canon should be.