80 U. Cin. L. Rev. 1293 (2011-2012)
The Irish Innocence Project

handle is hein.journals/ucinlr80 and id is 1317 raw text is: THE IRISH INNOCENCE PROJECT

David Langwallner* t
It is better that ten guilty persons escape, than that one innocent suffer.
I. ORIGIN AND EVOLUTION OF THE IRISH INNOCENCE PROJECT
The purpose of this Essay is to examine the history, evolution, and
role of the Irish Innocence Project and to place the project in the milieu
of the regulatory and social relationships that surround influences and
impacts upon the project. Thus, it is proposed also to examine the Irish
legal framework both constitutional, rights driven, statutory, and case
law that either assists or hampers the project as well as canvass
prospective legal issues affecting the Irish Innocence project. Of course
it will also be necessary to refer to stakeholders in the Irish system, and
in this context the Essay will refer in detail to the Irish Police called the
Gardai (sic Gaelic) as well as the role of the Irish state and government
and finally the prison service in the way they impact upon the project.
The purpose is to provide as full a picture as possible of the Irish project
at this stage of its evolution.
The Irish project was set up in September 20092 at Griffith College
Dublin. The idea for the project resulted from a suggestion made to the
present author. I had been teaching clinical legal education at The Kings
Inns, the sole present training school for barristers, in Ireland for a
period of 5 years when I was appointed Dean of Griffith College Law
faculty.3 In this context, I was asked as to how the school might enhance
* David Langwallner is a constitutional and public law barrister who has also litigated several
criminal defence cases. He is a practising Irish Barrister and member of Field Court Chambers in Grays
Inns, London. He is a graduate of Trinity College Dublin, Harvard Law School and the London School
of Economics and is also Dean of Griffith College Law School and Lecturer in Constitutional Law and
Jurisprudence at The Kings Inns. He is the Director of the Irish Innocence Project. I would like to thank
Edward Mathews LLB and Steve 0 Donoghue LLB for their assistance with respect to aspects of this
document. Needless to say all infelicities of style and content are at my doorstep.
t This article is being published as part of a symposium that took place in April 2011 in
Cincinnati, Ohio, hosted by the Ohio Innocence Project, entitled The 2011 Innocence Network
Conference: An International Exploration of Wrongful Conviction. Funding for the symposium was
provided by The Murray and Agnes Seasongood Good Government Foundation. The articles appearing
in this symposium range from formal law review style articles to transcripts of speeches that were given
by the author at the symposium. Therefore, the articles published in this symposium may not comply
with all standards set forth in Texas Law Review and the Bluebook.
1. WILLIAM BLACKSTONE, COMMENTARIES ON THE LAWS OF ENGLAND 352 (1769).
2. Though I initially proposed it significantly earlier and a detailed proposal document was
finalised in June of that year.
3. Griffith College is Ireland's largest private college and the college provides, inter alia,
primary and master's degrees in law. In recent years many graduates of the college have become

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