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Oft quoted, but what does it mean?

  • 13-05-2008 1:44pm
    #1
    Tabnabs
    Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,752 Mod ✭✭✭✭


    For example;

    A 61-year-old woman arrested in connection with a security van robbery in Dublin on Thursday, has been released. A file will be prepared for the Director of Public Prosecutions (DPP).

    What does this mean in terms of their guilt or otherwise?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    This means she will be charged with the robbery. The gardai cannot hold a prisoner for over a certain amount of time so they have to be released and they are innocent until proven guilty by a jury of their peers in crimnal matters. So basically the DPP will build a case, take her to court and only the jury will decide if she is guilty of not based on the evidence presented at the trial.


  • #3
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    king-stew wrote: »
    This means she will be charged with the robbery.
    No, it means the DPP will assess the file and decide whether she is to be charged with the offence. The Gardai collect evidence, the DPP assesses the strength of the evidence and, if the case goes to court, a jury of 12 random people who need know nothing at all about the law and who will often have relevant evidence withheld from them will make the final decision. Quaintly, this is generally held to be a good thing.:rolleyes:


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Gobán Saor wrote: »
    No, it means the DPP will assess the file and decide whether she is to be charged with the offence.

    oh yeah, thanks for that! :o


  • #5
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Gobán Saor wrote: »
    if the case goes to court, a jury of 12 random people who need know nothing at all about the law and who will often have relevant evidence withheld from them will make the final decision. Quaintly, this is generally held to be a good thing.

    Relevant evidence will be admitted unless:
    1) It is more likely to mislead the jury than to assist them in finding the truth;
    2) It is not capable of being proved because the prosecuting authorities haven't done their job properly; or
    3) It was obtained in a violation of the accused's constitutional or other rights.

    So if relevant evidence is not admitted it is because it's misleading, apocryphal or obtained by a tyranical state body. What's wrong with that?


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