Hamilton, Claire (2021) Interpreting change through legal culture: the case of the Irish exclusionary rule. Legal Studies, 41 (3). pp. 355-372. ISSN 0261-3875

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Abstract

The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman’s distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman’s concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

Item Type:	Article
Keywords:	criminal justice; law of evidence; DPP v JC; exclusionary rule; legal culture;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	17872
Identification Number:	https://doi.org/10.1017/lst.2021.3
Depositing User:	Claire Hamilton
Date Deposited:	21 Nov 2023 16:23
Journal or Publication Title:	Legal Studies
Publisher:	Cambridge University Press
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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