NCJ Number
225670
Date Published
2008
Length
240 pages
Annotation
In an attempt to create public debate, this book focuses on the Republic of Ireland and argues that due process has suffered as counter-terrorism strategies have permeated the criminal justice system.
Abstract
The ‘rule of law’ is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the ‘war on terrorism’. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. The book undertakes the argument of due process suffering at the hands of counter-terrorism beginning in chapter 2 where the understanding of the kinds of transformation that may be affecting contemporary justice systems is articulated. Chapter 3 outlines how the rule of law developed through the establishment of a system of inculpatory justice that afforded procedural protections to criminal suspects. Chapter 4 shows how the persistence of violence perpetrated by paramilitary groups entailed that law resided under the shadow of the gunman. In chapter 5, how the Irish state developed its own version of inculpatory justice and embedded the equality of aims framework is highlighted. Chapter 6 examines the state’s attempt to augment its armory in the fight against crime and weaken the defenses given to criminal suspects. In chapter 7, intense contradictions to the emergence of political authority above and below the state are traced. Terrorism has caused some western democracies to dilute the rights afforded to suspects but these efforts have been hindered by judicial adherence to the rule of law. The book contributes to current debate about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centered view of criminal justice. The book is of key interest to students of criminology, law, human rights and sociology, as well as legal and other practitioners and policymakers. Notes, references, and index