Irish Criminal Justice Research Articles

Minority Women Incarcerated: The Vulnerabilities of Traveller Women in the Irish Criminal Justice System

Women comprise a minority of the prison population, representing 10.6% of the prison population in Ireland in 2020. An issue of pressing concern is the over-representation of minority ethnic women among female prisoners. In Ireland, Irish Traveller women are 22 times more likely to be imprisoned than non-Traveller women. Their risk of imprisonment is greater than Traveller men who are over-represented among male prisoners. Traveller women in contact with the criminal justice system are likely to have experienced extreme deprivation, social exclusion, and current and historical/intergenerational discrimination. This article draws on evidence from published literature and a qualitative study undertaken by the authors to examine the vulnerabilities of Traveller women in prison in Ireland and the multiple and complex reasons for their over-representation in prison. To improve the situation of Traveller women in prison, the UN Bangkok Rules can be used to guide the development of relevant legislation, procedures, policy, and action plans. Traveller women in prison must not be overlooked in the implementation of the Public Sector Equality and Human Rights Duty, which places a legal obligation in Ireland on prison authorities to promote equality, prevent discrimination, and protect the human rights of all affected by their policies and plans.

Mapping restorative justice and restorative practices in criminal justice in the Republic of Ireland

Restorative justice has been available in certain parts of the Republic of Ireland, and at some stages of the criminal justice process, for over two decades. Additionally, in recent years, many public- and third-sector practitioners working with offenders and victims have received training in restorative practices. However, there has never been a study mapping the use of restorative justice and practices across the country. This article analyses and contextualises the main findings from recent research that investigated the extent to which restorative justice and practices are used in Irish criminal justice. It outlines new data collected from agencies that seldom permit academic access to data, nor publish figures on these elements of their work. The findings suggest that restorative justice is used with several offence types, albeit mostly in relation to victimless offences (or otherwise in the absence of a direct victim), while accessibility remains low overall. At the same time, the growth in restorative practices training creates an opportunity to align occupational cultures with restorative principles. This study lays the groundwork for policies aiming to make restorative justice more accessible and embed a restorative culture in Irish criminal justice professions and agencies.

Crime, justice and criminology in the Republic of Ireland

This country survey examines the core Irish criminal justice institutions; basic trends in crime and punishment over the last 50 years; and critical junctures in the debate over law and order in recent decades. Using an earlier country survey by O’Donnell (2005a ) as a baseline, it charts the significant growth of the discipline of criminology within Ireland. The article argues that Irish criminal justice retains a distinctively local flavour and highlights the promise of Irish criminology in many key areas of contemporary interest.

Female Sex Offenders in Ireland: Examining the Response of the Criminal Justice System

This article focuses on the Irish criminal justice system’s response to female sex offending. As in other jurisdictions, very little attention has been paid to female sexual offending in Ireland. However, sexual offenses involving female offenders are occurring and are increasingly being detected and prosecuted. The article provides an overview of female sex offending in Ireland, offering a discussion of available prevalence statistics and an analysis of Irish cases where women have been convicted of sexual offenses. It is argued that, in light of the fact that women are clearly being convicted of sexual offenses in Ireland, it is timely to question whether current laws and policies on sexual offenses and offenders are equipped to deal with female offenders and what types of reforms are likely to be necessary to effectively respond to this category of sexual offending. The potential for reform is considered with reference to three key stages of the criminal justice process: (a) reporting and detection; (b) prosecution and punishment; and (c) treatment and rehabilitation.

Viewing the Dublin Drug Treatment Court through the Lens of Therapeutic Jurisprudence

Over the last 25 years problem solving courts have developed internationally to provide a response to entrenched criminal justice related issues including addiction and mental health problems. These courts operate in adherence with the concept of Therapeutic Jurisprudence, which recognises the court and its officials as therapeutic agents, who work collaboratively to achieve the best possible outcomes for those appearing before the court. In an Irish context, problem solving courts have been in operation since 2001 when the Dublin Drug Treatment Court was established. This, however, remains the only problem solving court in operation within the Irish criminal justice system. This paper considers the wide ranging international literature on drug courts before casting a critical eye over the Dublin Drug Treatment Court, from its inception to the present day. It considers the workings of the court against the theoretical backdrop of Therapeutic Jurisprudence. This paper argues that while there seems to be a lack of overt engagement with Therapeutic Jurisprudence principles on the part of the Irish judiciary involved with the Dublin Drug Treatment Court, many tenets of the Court actually adhere to Therapeutic Jurisprudence principles, and the authors contend that calls for further empirical analysis. The paper builds on the works of Butler and Loughran et al., which has already provided an excellent grounding for any future studies on the Dublin Drug Treatment Court.

An appraisal of investigative psychology and the applications to suspicious approaches to children in the Irish criminal justice system

AbstractPolicymakers have a duty to base their decision making in the best available evidence relevant to the question at hand. This paper discusses why it is important for policymakers to recognize the valuable contributions to be made from within the fields of investigative and forensic psychology and particularly to inform the process of policymaking and legislative frameworks currently in place regarding suspicious approaches to children offences in the Irish Criminal Justice System. Discrepancies between legal and psychological considerations infer potential issues with policymaking; resulting in evidence‐based concerns regarding how suspicious approaches to children are handled. It is argued that in cases of suspicious approaches to children, important research is available within the fields of investigative and forensic psychology that warrants adequate consideration by policymakers. Additionally, the need for further collaboration between policymakers, researchers and front‐line enforcement agencies to ensure evidence‐based approaches for dealing with suspicious approaches to children and other criminal behaviours within the Irish criminal justice system is highlighted.

A Collective Restorative Justice Strategy for Ireland, 2019-2023

This article reproduces in abridged form a strategy for developing restorative justice in Ireland that emerged from a symposium held in March 2019 in Maynooth University and through subsequent consultations with participants and other interested parties. The purpose of the strategy is to help embed restorative justice and restorative practices within the Irish criminal justice system, building on existing practices and stimulating new work to fill gaps in policy and practice. The strategy initiative is part of a four-year project involving ten European jurisdictions, coordinated by Maynooth University, Restorative Justice Nederland and the European Forum for Restorative Justice. The key elements of the strategy and implementation steps are set our below; changes to the original document are limited to the omission of three appendices which provided information on the background to the project, a brief overview of the current state of play of the field in Ireland and the report of the March symposium. A full copy of the complete document can be accessed at http://www.probation.ie/EN/PB/WebPages/WP19000022

The Failure of Feminism? Rape Law Reform in the Republic of Ireland, 1980–2017

Based on Carol Smart's observation that rape law reform as lobbied for by the feminist movement during the 1970s and 1980s failed to achieve any meaningful change, this article seeks to examine the nature and implications of rape law reform in the Republic of Ireland from the 1980s to the present day. During the 1980s the conceptualization of rape changed from a proprietorial crime to a violation of individual bodily integrity due to feminist lobbying efforts and the emergence of a victim-centered approach in the criminal justice system. Though this changing conceptualisation has led to significant attitudinal change, particularly surrounding the issues of acquaintance and marital rape, procedural change has failed to secure higher conviction rates. In particular, this article demonstrates that the legal reforms achieved in the 1980s potentially resulted in a 2% decrease in rape conviction rates by 2007. When compared to England/Wales, conviction rates as distinctive from prosecution rates in Ireland remain chronically low. This indicates that any legal reforms must take account of the institutional bias ingrained the Irish criminal justice system against female rape complainants, which has continuing relevance for Irish legislation pertaining to sexual violence such as the Criminal Law (Sexual Offences) Act, 2017. Overall this article suggests that rape is an exceptional crime and needs to be reassessed as such.

The Trials of Peter Barrett: A Microhistory of Dysfunction in the Irish Criminal Justice System

In 1869 an assassination attempt was made on Captain Thomas Eyre Lambert, a prominent Galway landowner. Lambert was returning home from visiting his brother, Giles, who resided at neighbouring Moor Park. He spotted a man lurking beneath some lime trees near the entrance to his house, Castle Lambert. He was fired at a number of times, and was eventually felled by a shot to the forehead. He staggered to the door of his house, later stating: ‘[w]hen I reached the hall door I knocked violently, my butler opened the door and I fell into his arms.’ He soon sent for his brother. Given a description of the assailant, Giles hastened to the Athenry constabulary station, a mile or two away, and relayed the information to acting constable John Griffith. Sub-constable Edward Hayden was quickly dispatched, in plain-clothes, to take the midnight train to Oranmore, ten miles away, to try to apprehend the suspect. He returned around 5 a.m. the following morning with Peter Barrett in custody. He had spotted Barrett sleeping in his train compartment, and he matched the description provided by Giles Lambert. On being asked a few questions by sub-constable Hayden, his answers were ‘both evasive and contradictory’, and he was arrested. Barrett appeared to match the description given by Lambert: ‘I described the assassin as a man of slight figure dressed in dark clothes sharp features with not much hair on his face darkish complexion’. Furthermore, Lambert said he told his brother that ‘if Peter Barrett was in the country he was the man.’ Lambert, as will be seen, had reason to suspect that Barrett might have had a motive for the assault. Barrett was committed for trial at the next assize in August. On the face of it, it had the appearance of a relatively straightforward case destined for a quick resolution. However, this was not to be. What ensued was three trials, a change of venue to Dublin, allegations of jury intimidation, extensive press coverage around the United Kingdom, enormous expense and, ultimately, an acquittal.

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

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.

Crime control, the security state and constitutional justice in Ireland

It is clear that Ireland has witnessed evidence of a ‘tooling up’ of the state in the fight against crime over the last two decades. Crime control analyses—often relying upon the use of stark juxtaposition—are very useful in describing this trend. They can, however, also conceal the complexities that exist underneath the illusory comfort of binary labels such as ‘crime control’, ‘security state’, ‘actuarial justice’ or ‘Rule by Law’ governance. In employing examples of recent case-law relating to terrorism and sexual offending, this article will argue that crime control analyses fail to properly account for particular legal liberal properties such as rights as trumps, deontological reasoning, fidelity to precedent, the coordinated and hierarchical features of law, and the last ‘authoritative voice’ possessed by the judiciary in dispute resolution. These properties continue to possess institutional and epistemic authority in Ireland, and need to be written in to any ‘history of the present’ of the Irish criminal justice system.

Overruling the protectionist exclusionary rule

In April 2015 the Irish Supreme Court held, in DPP v JC, that the rather strict exclusionary rule relating to unconstitutionally obtained evidence which had operated in that jurisdiction for the past twenty-five years should no longer be applied. A majority of the Court held that the seminal case in which the rule was set out was erroneously decided and, accordingly, overruled that precedent and reformulated the relevant rule. While the previous rule had operated on a rationale of protectionism, the newly-stated rule is based on principles of deterrence such that evidence will not be excluded where the relevant breach of constitutional rights is inadvertent. This is a major change of approach for the Irish criminal justice system and this case note explores the background to the change, the judgments of the Supreme Court, and the potential impact of what Hardiman J (dissenting) referred to as this “revolution in principle”.

Increasing the Potential for Diversion in the Irish Criminal Justice System: The Role of the Garda Síochána Adult Cautioning Scheme

Established in 2006, the Garda Siochana Adult Caution Scheme provides a mechanism to divert adult offenders, aged 18 years and over, from the criminal justice system by way of a formal police caution in lieu of prosecution before the courts. Drawing on statistical data provided by the Central Statistics Office, this paper explores the use of the scheme over a five year period from 2006 to 2010. It identifies the types of offences for which cautions are most commonly administered, the age and gender profile of offenders involved, variability in the application of the scheme across the country, and the extent to which offenders come to the attention of An Garda Siochana post-caution. Overall, the paper analyses the role of adult cautioning in the Irish context and provides some observations on the potential for increased diversion, through expanding the remit of the scheme in future years.

Introduction to the Special Issue on ‘The Legacy of Conflict and the Impact on the Northern Irish Criminal Justice System’

Introduction to the Special Issue on ‘The Legacy of Conflict and the Impact on the Northern Irish Criminal Justice System’

Child sex abuse and the Irish criminal justice system

AbstractThe aims of this study were to develop scales to assess experiences of sexually abused children in the Irish criminal justice system (CJS); identify aspects of the CJS which children experience as negative; compare the perceptions of children, parents and professionals of sexually abused children's experiences of the CJS; and determine correlations between perceptions of children's CJS experiences and current psychological adjustment. Forty‐three children, 101 parents, 32 mental health professionals, 27 police officers and 21 lawyers completed parallel versions of the Criminal Justice System Questionnaire (CJSQ) which assessed satisfaction with aspects of the CJS relevant to sexually abused children, specifically: Gardaí (police), medical examination, Director of Public Prosecutions, waiting for court, court professionals, court context and the CJS. Fifteen scales were developed by conducting principal component analyses. Children gave negative ratings on nine of these, and on seven children, parents and professionals differed in their perceptions of how children experienced the CJS with mental health professionals viewing the impact of the CJS as more problematic than parents and children. Scores of children and parents on CJSQ scales correlated with indices of current psychological adjustment. These results point to the importance of making the Irish CJS more child‐friendly and for evaluating these reforms with the CJSQ. Copyright © 2011 John Wiley &amp; Sons, Ltd.

Crime and punishment in the Republic of Ireland: A country profile

The colonial origins of the Irish criminal justice system can be seen its buildings, laws, procedures, and practices. When change occurs it is often driven by events rather than emerging from a deliberative process that draws on evidence and expertise. The murders, in the space of a fortnight in 1996, of a journalist and a police officer, led to heightened anxiety about crime and its consequences. This was accompanied by a toughening of the political mood that was translated into a commitment to more police and more prisons. At around the same time, and continuing for a decade, the Republic of Ireland experienced rapid social change, including significant inward migration and greatly increased prosperity. These trends impacted on police, prosecutors, and courts and put new pressures on the prison population. How these challenges are addressed – especially in the context of declining economic resources – will determine the shape of the criminal justice system in the years ahead.

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.

Young People, Crime, and Criminal Justice

This article gives a brief outline of juvenile crime and the operation of the juvenile justice system in Northern Ireland. It looks critically at how the justice system works and at some recent developments in practice and legislation, and it considers some of the obstacles and opportunities that are emerging at a time of change, especially following the Good Friday Agreement. The article first provides some general facts and figures on crime and victimization in Northern Ireland to place the debate in context. The article then provides details about the nature and extent of juvenile crime and describes the various stages of the criminal justice process, from police contact, to the sentencing of the juvenile court, to the operation of various court disposals. Prospects for the future in the treatment of juveniles in the Northern Irish criminal justice process are discussed.

Crime in the Republic of Ireland: A Suitable Case for Social Analysis

This article argues that there has been a lack of critical, theoretically-based analysis of Irish criminal justice. It focuses on three areas that require further theoretically grounded analysis: the relationship between social deprivation and crime, white-collar crime, and the role of the media with respect to crime. It concludes with a possible framework for future social science research on crime in Ireland.

Legal situation of forensic DNA analysis in the Republic of Ireland

DNA profiling in the Republic of Ireland is carried out by the Forensic Science Laboratory based in Dublin. This forensic laboratory is an office of the Department of Justice and services the twenty six counties which comprise the Republic of Ireland. It is staffed by civil servants who, through their training and experience, provide scientific and technical expertise to the Garda Siochana and the courts. Since its establishment in 1975, the laboratory has played an increasingly important role in the Irish criminal justice system. Today in Ireland the prosecution of more and more cases relies heavily on forensic evidence. In a general sense, the introduction of DNA profiling has captured the imagination of the general public in Ireland. From a legal view point it has prompted questions about the admissibility of DNA evidence and whether our procedures, legal and evidential, are sufficiently developed to meet this science. The legal debate about the admissibility of evidence presupposes the existence of scene-of-crime material from which DNA can be extracted and the availability of a lawfully obtained sample from a suspect with which it can be compared. The statutory procedure which provides for the taking of such a sample in the Irish jurisdiction is set out in the Criminal Justice (Forensic Evidence) Act, 1990 and regulations made under that statute which are set out in SI 130/92. For the lawful implementation by a member of An Garda Siochana of the powers conferred by this statute, it is necessary that at least three gardai take a total of twenty separate steps. The steps necessary for a sample to be lawfully taken are as follows: 1. The suspect must be lawfully arrested and detained in a Garda Station under the provisions of Section 30 of the Offences against the State Act, 1939 or Section 4 of the Criminal Justice Act, 1984. 2. A garda not below the rank of superintendent must: