Richard Humphreys: Miscarriage of justice as guilty get off on technicality
The exclusionary rule has created a massive imbalance in our justice system
TO most citizens, a criminal trial should be a way to find out if the accused is actually, in fact, guilty or not guilty of the offence charged.
But to a criminal lawyer, this description is barely recognisable. A trial is a highly specialised type of ritual, with much in common with a complex game. It is full of technical pitfalls for the prosecution which can and often do result in relevant evidence being withheld from the jury.
In Ireland, we have a very vocal human rights industry that is rightly vigilant against any miscarriage of justice that involves the conviction of someone who is, in fact, innocent of the crime concerned.