The Jury System in Contemporary Ireland: In the Shadow of a Troubled Past

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance

Responses to Salduz: procedural tradition, change and the need for effective defence

This article examines the responses of national courts to the ECtHR's decision in Salduz v Turkey that suspects be provided with access to a lawyer before they are first interrogated by the police. It argues that harmonious application of human rights standards in criminal proceedings should build upon common values underpinning the procedural traditions of member states. ECtHR success in gaining acceptance for the principle of access to a lawyer during police interrogation, anchoring it in the privilege against incrimination, is contrasted with resistance towards giving the defence any active role during criminal investigations. It is argued that this resistance can be overcome by an appeal to safeguards that have long dominated the trial process. As the investigation phase increasingly determines the outcome of criminal proceedings, standards of fairness traditionally reserved for the trial process should be applied also to this phase in order to provide suspects with an effective defence

Common Law Evidence and the Common Law of Human Rights: Towards a Harmonic Convergence?

This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect of certain kinds of evidence on both the weight of the evidence as a whole and on the fairness of the proceedings as a whole. The result has been to encourage a shift in the nature of both their epistemic and non-epistemic reasoning during the trial. In its most recent decisions, however, the Court appears to have drawn back from its more activist stance of setting standards of fair participation in evidentiary matters. Instead, the Court has become more fixated on the traditional common law concern with reliability. This has somewhat pushed back the potential that the ECtHR has to shift the common law toward reaching a more harmonic convergence between achieving truth and fairness in criminal proceedings

The Creation and Propagation of Radiation: Fields Inside and Outside of Sources

We present a new algorithm for computing the electromagnetic fields of currents inside and outside of finite current sources, for arbitrary time variations in the currents. Unexpectedly, we find that our solutions for these fields are free of the concepts of differential calculus, in that our solutions only involve the currents and their time integrals, and do not involve the time derivatives of the currents. As examples, we give the solutions for two configurations of current: a planar solenoid and a rotating spherical shell carrying a uniform charge density. For slow time variations in the currents, we show that our general solutions reduce to the standard expressions for the fields in classic magnetic dipole radiation. In the limit of extremely fast turn-on of the currents, we show that for our general solutions the amount of energy radiated is exactly equal to the magnetic energy stored in the static fields a long time after current creation. We give three associated problem statements which can be used in courses at the undergraduate level, and one problem statement suitable for courses at the graduate level. These problems are of physical interest because: (1) they show that current systems of finite extent can radiate even during time intervals when the currents are constant; (2) they explicitly display transit time delays across a source associated with its finite dimensions; and (3) they allow students to see directly the origin of the reaction forces for time-varying systemsComment: 25 pages, 5 figure