11 research outputs found

    Northern Ireland\u27s Criminal Trials without Jury: The Diplock Experiment

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    Northern Ireland\u27s principle of non-jury felony trials is an anomaly in Anglo-American jurisprudence. Indeed, it is unique among common law systems. One British legal scholar has referred to the jury trial as the paradigm of all [criminal] trials. The exceptional situation in Northern Ireland has resulted from the ongoing troubles which, since the late 1960s, have been a prominent feature of life in this small segment of the United Kingdom. Eliminating the jury in trials dealing with terrorist charges was determined to be necessary in dealing with the mounting sectarian violence. Part I of this article summarizes the issue dividing Northern Ireland. Part II analyzes the procedure of non-jury trials, paying particular attention to how the ordinary rules of evidence are altered. Part III enumerates the reasons for Northern Ireland\u27s departure from the norm in these criminal proceedings, and examines the measure in practice. Finally, the article considers the arguments for and against retaining the practice of non-jury trials

    The U.S. Supreme Court on Affirmative Action: Are Some of US More Equal than Others (With Some Comparisons' to Post-Good Friday Agreement Police Hiring in Northern Ireland)

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    This paper begins with a brief chronology of the Court's treatment of affirmative action pre-Grutter. Discussion of the Grutter opinions, including those from the trial and appellate courts as well as the Supreme Court's six different opinions (one concurrence, four dissents), constitutes the core theme. Finally, there is a brief analogy of the most recent American judicial stance with some of the affirmative action provisions of the Good Friday Agreement and supplementing Westminster legislation with regard to police hiring now applicable in Northern Ireland
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