From Due Process to Crime Control: The Decline of Liberalism in the Irish Criminal Justice System

Abstract

In this paper it is argued that at all stages of the Irish criminal process, from pre-trial detention and investigation, through the court-hearing and at sentencing, a shift in focus from the rights of the individual towards the crime control aims of the State is apparent.

Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards. This paper seeks to identify legal measures which signify a shift away from due process, and then attempts to explain this development by reference to a number of theories, in particular liberalism.

Keywords: due process, criminal justice in Ireland, liberalism, communitarianism