Organised Crime and the Culture of Control in Ireland

Socio-Legal Studies Association Annual Conference 2005

Posted: 17 Jul 2008

See all articles by Liz Campbell

Liz Campbell

Monash University - Faculty of Law

Date Written: March 30, 2005

Abstract

Legislation in Ireland that pertains to the phenomenon of organised crime is characterised by a favouring of public protection over the rights of the accused, by increased concern for security with a concomitant diminution of the significance of liberty. This paper will examine various legal measures adopted by the Irish State in a bid to counter organised crime, and will seek to assess these developments from a penological perspective. Garland's culture of control thesis and Packer's analysis of the criminal process are of use in this context, as forming a theoretical framework which elucidates the trajectory of the Irish criminal justice system in recent years.

The first element of this paper briefly outlines the salient points of these theories which will inform the rest of the paper. After sketching out the theses of Packer and Garland, some examples of legislative developments relating to organised crime will be described, and the impact of these on the rights of the accused and on the criminal justice system as a whole will be assessed.

During the pre-trial stage of the criminal process, through the court-hearing and at sentencing, the shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain. While these developments were introduced with little political or popular opposition due to the purported threat posed by organised crime, the removal of fundamental norms of the criminal justice system warrants thorough consideration, to ensure that any alterations to the legal landscape are minimal and necessary. Nevertheless, despite the various legislative measures initiated in the fight against organised crime which have resulted in the abrogation of the rights of the accused, the capacity of the law, in particular the Irish Constitution as interpreted by the Supreme Court, to protect due process values and to act as a counterweight to repressive tactics, must not be overlooked.

Keywords: due process, criminal justice, Ireland, state of emergency, judicial oversight

Suggested Citation

Campbell, Liz, Organised Crime and the Culture of Control in Ireland (March 30, 2005). Socio-Legal Studies Association Annual Conference 2005, Available at SSRN: https://ssrn.com/abstract=1162129

Liz Campbell (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

HOME PAGE: http://https://research.monash.edu/en/persons/liz-campbell

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