NCJ Number
63278
Journal
ARMY QUARTERLY AND DEFENSE JOURNAL Volume: 104 Dated: (APRIL 1974) Pages: 285-289
Date Published
1974
Length
5 pages
Annotation
INTIMIDATION OF WITNESSES AND JURIES AS A TECHNIQUE OF POLITICAL TERRORISTS IS DESCRIBED. LEGAL PROCEDURES USED BY THE BRITISH GOVERNMENT TO COMBAT ACTIVITIES OF THE IRISH REPUBLICAN ARMY (IRA) ARE OUTLINED.
Abstract
THIS INTIMIDATION, AS PRACTICED BY ORGANIZATIONS LIKE THE MAFIA AND MALAYAN COMMUNISTS, IS AIMED AT PREVENTING THE CONVICTION OF CRIMINALS, TERRORISTS, OR THEIR SUPPORTERS. MODERN REVOLUTIONARY THEORISTS, SUCH AS CARLOS MARIGHELA, HAVE MADE PREVENTION OF CONVICTION A SECONDARY AIM AND THE RENDERING OF LIBERAL LAW PROCESSES AS UNWORKABLE A PRIMARY GOAL. THIS PRIORITY LEADS TO A LESSER DEGREE OF FAIRNESS, A GREATER CHANCE OF WRONGFUL CONVICTIONS, AND INCREASED FEELINGS OF INJUSTICE AMONG THE NEIGHBORS, FAMILIES, AND POTENTIAL SUPPORTERS OF THOSE WHO ARE CONVICTED OR DETAINED. THE ARTICLE DISCUSSES THE INTRODUCTION OF INTERNMENT WITHOUT TRIAL IN NORTHERN IRELAND IN AUGUST 1971; THE PROCEDURE FOR DETENTION INTRODUCED BY THE DIPLOCK COMMISSION; AS WELL AS THE CONSEQUENCES OF THESE PROCEDURES; AND THE DRAFTING OF TRIAL PROCEDURES FOR TERRORIST OFFENSES OR THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT OF 1973, INCLUDING INDICTMENTS FOR CERTAIN 'SCHEDULED OFFENSES', AND PROVISION FOR CONFESSIONS AND CHANGES IN THE PRESUMPTION OF INNOCENCE. NO REFERENCES ARE GIVEN. (AOP)