NCJ Number
125166
Journal
Temple Law Review Volume: 62 Issue: 4 Dated: (Winter 1989) Pages: 1099-1129
Date Published
1989
Length
31 pages
Annotation
Currently, it is very difficult to get a clear focus on the shape of pretrial, Irish criminal procedure.
Abstract
After a swing from being heavily biased in favor of the freedom of the individual to favoring a "crime control" model in the sixties and seventies, Ireland stretched police powers in the Offenses Against the State legislation to the limit and beyond. The escalation of subversive activity associated with Northern Ireland created the pretext for the police to exercise these powers extensively. As the people accepted the powers and became acclimated to their use, the police found that they could engage in aggressive policing practices that even the legislation never meant to authorize. It was against this background that the Criminal Justice Act of 1984 was enacted, aiming at criminal activity generally as opposed to the special problems posed by subversive activity. Nevertheless, the act incorporated many of the principles found in antisubversive legislation. It is feared that the act will do little to establish a reasoned balance between the rights and freedoms of the individual on the one hand and the need for the State to control crime on the other. 91 notes.