Ethnicity, Prejudice, and Justice: The Treatment of the Irish at the Old Bailey, 1750–1825

Abstract

AbstractUsing a unique source on offenders' place of birth, in combination with trial reports and newspapers, this article offers the first systematic analysis of how the Irish were treated by the English criminal justice system when they came as witnesses, prosecutors and accused. Although the Irish were massively over-represented amongst the accused, in the vast majority of Old Bailey cases – i.e. those involving property crime – they were no more likely to be convicted than other groups and overall the sentences they received were slightly less severe. However, doubts about their evidence and their reputation for violence meant that they were less successful as prosecutors and were more heavily punished when they were accused of violent offences. Thus the Irish were on the receiving end of both justice and prejudice and their treatment was intimately linked to contemporary English discourses about the Irish.