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Comprehensive overview of the Irish criminal justice system, its current problems and its vision for the future. Collection of essays by major office-holders, experienced practitioners, leading academics, legal scholars, sociologists, psychologists, philosophers and educationalists.
Between 1922 and 1996, over 10,000 girls and women were imprisoned in Magdalene Laundries, including those considered 'promiscuous', a burden to their families or the state, those who had been sexually abused or raised in the care of the Church and State, and unmarried mothers. These girls and women were subjected to forced labour as well as psychological and physical maltreatment. Using the Irish State's own report into the Magdalene institutions, as well as testimonies from survivors and independent witnesses, this book gives a detailed account of life behind the high walls of Ireland's Magdalene institutions. The book offers an overview of the social, cultural and political contexts of institutional survivor activism, the Irish State's response culminating in the McAleese Report, and the formation of the Justice for Magdalenes campaign, a volunteer-run survivor advocacy group. Ireland and the Magdalene Laundries documents the ongoing work carried out by the Justice for Magdalenes group in advancing public knowledge and research into Magdalene Laundries, and how the Irish State continues to evade its responsibilities not just to survivors of the Magdalenes but also in providing a truthful account of what happened. Drawing from a variety of primary sources, this book reveals the fundamental flaws in the state's investigation and how the treatment of the burials, exhumation and cremation of former Magdalene women remains a deeply troubling issue today, emblematic of the system of torture and studious official neglect in which the Magdalene women lived their lives. The Authors are donating all royalties in the name of the women who were held in the Magdalenes to EPIC (Empowering People in Care).
For almost forty years, Fr Sean McManus has been at the heart of the Irish American campaign to pressurise the British government regarding injustice in Northern Ireland. This is a deeply personal account of how his lone voice mainstreamed Northern Ireland on Capitol Hill, after the Catholic Church removed him from Britain. He became 'Britain's nemesis in America', founding the Irish National Caucus in 1974. Also chronicles the events and social context that influenced him, growing up in a parish divided by the Border.
This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’
Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
An Ambition for Equality identifies and explores the different means by which we promote equality and combat discrimination. These means include equality legislation, equality institutions, equality mainstreaming and positive action measures. These elements make up what is referred to as a strategic framework for action on equality. The concept of equality is examined. Different levels of ambition for equality are identified in terms of liberal approaches to achieving equality and in terms of the pursuit of an equality of condition. A range of equality objectives are discussed as a necessary focus for a strategic framework for action on equality. Irish equality legislation includes the Employment Equality Acts and the Equal Status Acts. This book explores the casework under the legislation and casts a critical eye on the provisions in that legislation. The role and mandate of the Equality Authority under this equality legislation is also examined. As Chief Executive Officer of the Equality Authority, the author's work and experience provides the focus around which the implementation of Irish equality legislation and approaches to mainstreaming and targeting are examined. An Ambition for Equality mixes practical experience in the promotion of equality with an academic perspective on the core concepts in the field, developing a critical analysis of the progress seen in Ireland in the effective promotion of equality.
Providing an up-to-date, critical account of the state of the Irish juvenile system, this title draws a picture of the juvenile offender in Ireland, highlighting the circumstances of offending children and their families, and considering the complexity of problems that such children face.
This book provides an unprecedented analysis of the politics underlying the appointment of judges in Ireland, enlivened by a wealth of interview material, and putting the Irish experience into a broad comparative framework. It tells the inside story of the process by which judges are chosen both in cabinet and in the Judicial Appointments Advisory Board over the past three decades and charts a path for future reform of judicial appointment processes in Ireland. The research is based on a large number of interviews with senior judges, current and former politicians, Attorneys-General and members of the Judicial Appointments AdvisoryBoard. The circumstances surrounding decisions about institutional design and institutional change are reconstructed in meticulous detail, giving us an excellent insight into the significance of a complex series of events that govern the way in which judges in Ireland are chosen today. Author Jennifer Carroll MacNeill is both an IRCHSS Government of Ireland Scholar and the winner of the Basil Chubb Prize 2015 for the best politics PhD in Ireland. [Subject: Legal History, Legal Studies, Politics, Ireland]
This book provides a unique account of the high-profile community-based restorative justice projects in the Republican and Loyalist communities that have emerged with the ending of the conflict in Northern Ireland. Unprecedented new partnerships between Republican communities and the Police Service of Northern Ireland have developed, and former IRA and UVF combatants and political ex prisoners have been amongst those involved. Community restorative justice projects have been central to these groundbreaking changes, acting as both facilitator and transformer. Based on an extensive range of interviews with key players in this process, many of them former combatants, and unique access to the different community projects this books tells a fascinating story. At the same time this book explores the wider implications for restorative justice internationally, highlighting the important lessons for partnerships between police and community in other jurisdictions, particularly in the high-crime alienated neighbourhoods which exist in most western societies, as well as transitional ones. It also offers a critical analysis of the roles of both community and state and the tensions around the ownership of justice, and a critical, unromanticized assessment of the role of restorative justice in the community.
The Brexit vote for UK withdrawal from the EU has put the constitutional future of Northern Ireland centre-stage once again. Beyond the Border is an authoritative, timely and up-to-date guide to the provisions of the Good Friday Agreement. A compelling and accessible exploration of how the Agreement can be upheld despite Brexit uncertainties, and implemented despite political deadlock, it powerfully argues for the permanence of the Agreement and its cross-community approach, even in the event of the achievement of Irish unity. It comprehensively explains the radical implications of the principle of parity of esteem between the traditions and how the conflicting aspirations of nationalists and unionists can be accommodated. At a time of seismic constitutional transition it outlines the milestones on the pathway to a united Ireland by consent as envisaged by the Agreement. The Good Friday Agreement was endorsed by 71 per cent of voters in Northern Ireland and by 94 per cent in the rest of Ireland. Despite huge difficulties in implementation, this book contends that the Agreement remains a cornerstone of Ireland’s constitutional settlement. Beyond the Border is a vital and objective exploration of how the Agreement provides a peaceful path towards resolving Ireland’s ultimate constitutional dilemma.