Dr. Porter's Sermon on Presumption of Skeptical Men and Careless Contemners of Religion

Sermon.

The Presumption of Innocence and Irish Criminal Law:Whittling the Golden Thread

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of the English criminal law and a 'fundamental postulate' of Irish criminal law which enjoys constitutional protection. The purpose of this book is to consider whether the reality matches the rhetoris surrounding this central precept of our criminal law and to consider its efficacy in light of recent legislative innovations.

Threats to the Presumption of Innocence in Irish Criminal Law:An Assessment

The existence of four contemporary threats to the presumption of innocence in England and Wales has recently been posited by Ashworth. In his examination of legislation and case law impacting on the presumption, he concludes ‘generally recognised as a fundamental right it may be, but its precise significance for the defendant is so contingent as to raise doubts’. In an Irish context, Hamilton too has written of the ‘growing insignificance of the presumption of innocence for accused persons’ such that ‘[its] tangible benefits [appear] little in evidence’ in our criminal justice system. In light of these rather depressing diagnoses, the aim of this paper is to attempt to take stock of the law in the Republic of Ireland impacting upon the presumption of innocence as well as to search for some possible explanations for recent developments.

Corporate Mechanisms and the Presumption of Accountability

This paper seeks to draw out this focus on form in British public administration reform by focusing on the role that the idea of the corporate form has played in reform. Drawing on the codification of Foundation Trusts in the English NHS, I argue that, while accountability ought to be considered as a 'social space' in which conduct conducive to particular interests emerges, reformers tend to regard accountability as a function of appropriate procedures and forms. The turn to the corporate form relies on a hope that it will deliver various 'accountability' benefits will emerge. This hope, I argue, is misplaced

Project Management: A Tale of Fact, Failure and Fiction

This is a presentation given to 3rd year Project students on our BSc degree programmes to help them project manage their 3rd year dissertations. It covers three practical methods. Fact: Skills Audits to help make projects realistic. Failure: Risk Assessment to help with contingency planning. Fiction: Gantt Charts to help with managing time and effort.

Extending the golden thread? Criminalisation and the presumption of innocence

It seems to be widely accepted that the presumption of innocence, and the attendant standard of 'beyond reasonable doubt' properly apply in the courtroom as a procedural principle directly grounded in the moral imperative to avoid punishing those who should not be punished. In this article I argue that if this is correct, then we ought be as careful about what we criminalise, as we are about who we punish, since people can be wrongfully punished by criminalisation errors as well as by conviction errors.

Could the presumption of innocence protect the guilty?

At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the criminal justice process, and in particular those parts in which we (through our legislatures and judges) decide how much punishment to distribute to guilty persons. If, as the direct moral grounding suggests, we should prefer under-punishment to over-punishment under conditions of uncertainty, due to the moral seriousness of errors which inappropriately punish persons, then we should also prefer erring on the side of under-punishment when considering how much to punish those who may justly be punished. Some objections to this line of thinking are considered.

Student success and failure : as a matter of fact or just how they are portrayed?

This paper introduces and analyses three broad discourses of academic achievement and failure, specifically those that speak of students' deficits, disadvantages and differences. It draws on interview data collected from teachers working in Australian primary (elementary) and secondary (high) schools and on academic literature that speaks to the field. The paper argues that 'deficit', 'disadvantage' and 'difference' represent discourses of considerable influence in determining how teachers, students and parents define what constitutes success or failure in schools, which respective approaches educators employ, and the beliefs we hold about students who fail and those who succeed. In this respect, the paper is concerned with matters of inclusion and exclusion in schooling. In particular, we seek to tease out the stories that these discourses tell about student diversity, as a way of unmasking how students are differently represented and how these representations serve to include some and exclude others from the benefits of schooling and society more broadly.

Representative actions, proof of fact and author identification in copyright law: a history and a concern

Recent judgments in Australia have called for author identification in order that copyright subsistence may be established. There is a risk that such calls will be taken too literally, to the detriment of author privacy. This article considers the legal mechanisms by which author identity has historically been shielded from disclosure, without the operation of the copyright system being impaired. It expresses the hope that those who are responsible for developing copyright law will be mindful of the concern for author privacy which has long been part of copyright discourse.

Missing Emigrants : Gleanings from Petitions Presented under the Presumption of Life Limitation (Scotland) Acts

Peer reviewed

Report, findings of fact and recommendation of Industry Committees in Puerto Rico.

Typewritten title page.