Organised Crime in Ireland (original) (raw)
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Crime control, the security state and constitutional justice in Ireland
The International Journal of Evidence & Proof, 2016
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 p...
Review of Irish Criminal Justice: Theory, Process and Procedure (Dublin: Clarus Press, 2010)
Criminal justice has undergone significant change in Ireland in recent years. In part this reflects the altered status of the issue of crime within society, in particular the central political role that people's fear of crime has now inhabited, and the perceived political advantage to playing the "crime card". This change is relatively recent within our jurisdiction, with crime not being considered an important issue amongst the population until the mid-1990s. 1 The result has been that the criminal justice system has seen a variety of reforms. However, as with reform of the criminal law, as Coffey noted in this journal last year, the change to criminal justice has taken place in a "piecemeal" fashion despite the significant results. 2 In addition to legislative reforms, criminal justice has also consistently been the subject of review by the courts, academics, the law reform commission, and the media. Indeed, the preoccupation of the media with matters criminal might lead to a perception amongst the public that Ireland is a crime ridden, dangerous place bearing no relation to the "official picture of crime". 3 Whilst perhaps the greater danger of media coverage is the misleading picture of crime fed to the public rather than the often momentary, fear of crime that can generate, 4 it is clear that public perceptions can play an important role in legislative developments in this area. The result is that politicians can find it hard to ignore public opinion even when the data indicates that it is wrong. For example, the closure of Garda Stations days after the murder of Garda Adrian Donohoe has created a major public debate about public
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
The Culture of Control in Ireland: Theorising Recent Developments in Criminal Justice
This article uses the theoretical insights in David Garland’s The Culture of Control to analyse current trends in the Irish criminal justice process. Considerable changes have occurred in the justice system in Ireland, and conceptual constructs such as the indices of change, the crime complex and the responses of the state to the predicament of crime control are useful in seeking to explain and interpret these developments. Although aspects of Garland’s thesis are not sustainable in Ireland, his work provides a useful lens through which current Irish criminal justice policy may be viewed.
Crime, Conflict and Counting: Another Commentary on Northern Ireland Crime Statistics
The Howard Journal of Criminal Justice, 2009
This paper is concerned with the levels of ordinary crime in Northern Ireland. The most recent Chief Constable's Report claims a fall in the level of serious crime and the highest overall detection rate since 1969. The authors argue that the optimism following from such jigures may be misplaced. In the absence of a detailed crime survey we cannot, in the unique situation prevailing in Northern Ireland, make any,a.ssessment of the darkjigure of crime or any meaningful comparative analysis. It is argued that the existing interpretations,of the official statistics, and the resulting views of crime in Northern Ireland, are in need of revision.