Tara McGroarty - Profile on Academia.edu (original) (raw)
Trainee Solicitor at the Law Society of Ireland, with a Master of Laws in Criminal Justice from Queen's University Belfast.
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The emergence of the privilege against self-incrimination and the right to silence represents a ‘... more The emergence of the privilege against self-incrimination and the right to silence represents a ‘landmark event in the history of Anglo-American criminal procedure.’ These distinct elements are intrinsically linked to the presumption of innocence and burden of proof. Policy makers in Northern Ireland argued that this gave too much of an advantage to defendants and that dealing with the ‘wall of silence’ in the interviewing of terrorist suspects necessitated the curtailment of these rights. This essay critically analyses the Criminal Evidence (NI) Order 1988, in light of the moral, political and legal tensions arising from the jurisprudence.
This paper establishes that the ECtHR has deviated from its treatment of Article 3 as an absolute... more This paper establishes that the ECtHR has deviated from its treatment of Article 3 as an absolute prohibition against torture, towards a more ‘relative’ approach. This has deplorable consequences for democratic principles and human rights law. Cases such as Ireland v UK and Ahmad v UK are critiqued, before concluding that the relative application of Article 3 is particularly problematic in the extra-territorial and extraordinary rendition context.
This paper raises the pertinent questions of why prison?, what for? and what happens in pris... more This paper raises the pertinent questions of why prison?, what for? and what happens in prison? This paper critically analyses some of the theories built by criminologists around these issues.
This paper critically evaluates a methodology of empirical legal research.
The emergence of the privilege against self-incrimination and the right to silence represents a ‘... more The emergence of the privilege against self-incrimination and the right to silence represents a ‘landmark event in the history of Anglo-American criminal procedure.’ These distinct elements are intrinsically linked to the presumption of innocence and burden of proof. Policy makers in Northern Ireland argued that this gave too much of an advantage to defendants and that dealing with the ‘wall of silence’ in the interviewing of terrorist suspects necessitated the curtailment of these rights. This essay critically analyses the Criminal Evidence (NI) Order 1988, in light of the moral, political and legal tensions arising from the jurisprudence.
This paper establishes that the ECtHR has deviated from its treatment of Article 3 as an absolute... more This paper establishes that the ECtHR has deviated from its treatment of Article 3 as an absolute prohibition against torture, towards a more ‘relative’ approach. This has deplorable consequences for democratic principles and human rights law. Cases such as Ireland v UK and Ahmad v UK are critiqued, before concluding that the relative application of Article 3 is particularly problematic in the extra-territorial and extraordinary rendition context.
This paper raises the pertinent questions of why prison?, what for? and what happens in pris... more This paper raises the pertinent questions of why prison?, what for? and what happens in prison? This paper critically analyses some of the theories built by criminologists around these issues.
This paper critically evaluates a methodology of empirical legal research.