Same Crime: Different Punishment? Investigating Sentencing Disparities Between Irish and Non-irish Nationals in the Irish Criminal Justice System

Abstract

Irelandâ?Ts economic growth from the late 1990s prompted sustained and diverse inward migration, resulting in substantial changes in the population and reshaping the social and cultural landscape. These shifts have also been visible among those processed by the criminal justice system, with a marked increase in the number of non-Irish nationals committed to Irish prisons. International research suggests that racism is a significant issue within criminal justice systems, with ethnic minority groups often disadvantaged. Despite these findings and the growth in non-Irish national prisoners, little research has assessed the impact of racial bias on Irish sentencing outcomes. This exploratory study examines whether disparities exist between the sentencing of Irish and non-Irish defendants, using data from the Irish Prison Service. Non-Irish nationals were statistically significantly under-represented in the offence categories, â?~attempted robberyâ?T, â?~vehicle theftâ?T, â?~criminal damageâ?T, â?~robberyâ?T, â?~parking fine offencesâ?T, â?~assault causing harmâ?T, â?~intoxication in a public placeâ?T, â?~threatening behaviour in a public placeâ?T, â?~unlawful possession of drugsâ?T and â?~no television licenceâ?T. They were statistically significantly over-represented in the offence categories, â?~driving under the influenceâ?T, â?~no vehicle insuranceâ?T, â?~theftâ?T and â?~possession of drugs for sale/supply (to the value of <â,¬13,000)â?T. The implications of non-Irish national over-representation in the offence, â?~possession of drugs for sale/supply (to the value of <â,¬13,000)â?T will be explored in the discussion.