Weighing in the balance: Reflections on the sentencing process from a children's rights perspective

A substantial body of research now exists indicating that parental imprisonment can produce multiple negative effects on dependent children. While the criminal justice system can respond to this post-imprisonment through positive interventions, an important question arises as to whether courts should take into account the impact of imprisonment on the children of offenders at the point of sentencing. The recognition of children’s rights in many jurisdictions has prompted courts to develop approaches that take account of these important third party considerations. This article will explore how the courts of South Africa and England and Wales have made space for the rights of children of offenders within the sentencing process and consider whether Ireland might adopt such an approach. Central to this process is how relevant information regarding dependent children can best be presented to the sentencing court. The article will therefore examine the potential introduction of child impact statements into the Irish sentencing process, and the extent to which probation officers are suited to adapting their current pre-sanction report role to include child impact information

Libel cases and public debate - some reflections on whether Europe should be concerned about SLAPPs?

In recent years, Strategic Lawsuits Against Public Participation (SLAPPs) have become well‐recognized as challenging free speech and public participation in the USA, Canada and Australia. However, in Europe SLAPPs remain largely unrecognized with little consideration of their use and impact. This paper argues that SLAPPs are used in Europe and have been neglected for a number of reasons. In order to examine the European SLAPP situation, this paper focuses on libel law in England and Wales. It considers the debate on free speech that has flowed out of libel cases and concludes by reflecting on what advantages might flow from a refocusing of that debate that includes a recognition of SLAPPs

Designing effective parliamentary inquiries: lessons learned from the oireachtas banking inquiry

Ireland’s Oireachtas inquiry mechanisms are generally regarded as having been hamstrung by the decision of the Supreme Court in Ardagh v Maguire. This perception of a ‘legal straightjacket’ has been heightened by the public’s reluctance to entrust politicians with investigative powers, as embodied in the loss of the 30th amendment vote. In this article, however, we argue that a marginalised or weak parliamentary inquiry mechanism is not an inevitable consequence of the Ardagh decision. We analyse the manner in which the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 has produced a self-imposed restrictive inquiry structure oversensitive to possible litigation. Reflecting on the operation of the Banking Inquiry, we trace how inquiry design is unduly shaped by the ‘chilling effects’ of litigation rather than other variables. We argue that the Banking Inquiry experience stands as an object lesson as to the importance of developing clear terms of reference which match the qualities of parliamentary investigation to an appropriate subject matter. Overall, this article highlights that, for the Irish constitutional order, greater engagement is needed with the full range of variables which shape the creation, operation and effectiveness of parliamentary review

Rebels with a cause, folk devils without a panic: press jingoism, policing tactics and anti-capitalist protests in London and Prague

This paper examines whether anti-capitalist political activists are (mis)constructed as ‘folk devils’, through an examination of media coverage in the UK and Czech Republic. The construction, of such protestors, as violent criminals and dangerous ‘anarchists’ has, it is argued, influenced their treatment at protests by public authorities in London and Prague. The paper also offers, in juxtaposition to this representation of the current anti-capitalism movement, a discussion of the accounts of activists themselves. In particular it examines the activists’ own perceptions of their engagement in the global social movement against capitalism. The paper is based on evidence drawn from the preliminary findings of interdisciplinary research into global social movements, and in particular the protests against the International Monetary Fund and World Bank in Prague in September 2000

Critical junctures: regulatory failures, Ireland's administrative state and the Office of the Ombudsman

In the aftermath of global financial crisis, the importance of effective regulatory interventions by government has come into sharp relief. The failure of public administration and political oversight that underwrote the collapse of the Irish economy in 2008 has provoked widespread reflection on the need for increased administrative review in the country. This has extended beyond the specific financial sphere, to broader public law reform targeting executive power by building an improved parliamentary culture, greater independent oversight and concentrating democratic participation. In this article, we critique the Irish regulatory state through the prism of the pressures, conflicts and reforms to the Office of the Ombudsman over the past decade

Finding a new folk devil: (mis)constructing anti-capitalist activists

The paper will offer an account of how political activists are (mis)constructed as “folk devils” through an examination of recent media coverage in the UK and Czech Republic. It will seek to show how their construction as violent criminals and dangerous anarchists has influenced the treatment of those involved in protests by public authorities in the UK and Prague. The paper will also offer, in juxtaposition to this representation of the current anti-capitalism movement, a discussion of the accounts of activists themselves. In particular it examines the activists’ own perceptions of their engagement in the global social movement against capitalism. The paper is based on evidence derived from preliminary findings from interdisciplinary research into global social movements, and in particular the protests against the International Monetary Fund and World Bank in Prague in September 2000

Rebels with a cause, folk devils without a panic: press jingoism, policing tactics and anti-capitalist protests in London and Prague

This paper examines whether anti-capitalist political activists are (mis)constructed as ‘folk devils’, through an examination of media coverage in the UK and Czech Republic. The construction, of such protestors, as violent criminals and dangerous ‘anarchists’ has, it is argued, influenced their treatment at protests by public authorities in London and Prague. The paper also offers, in juxtaposition to this representation of the current anti-capitalism movement, a discussion of the accounts of activists themselves. In particular it examines the activists’ own perceptions of their engagement in the global social movement against capitalism. The paper is based on evidence drawn from the preliminary findings of interdisciplinary research into global social movements, and in particular the protests against the International Monetary Fund and World Bank in Prague in September 20001.

Finding a new folk devil: (mis)constructing anti-capitalist activists

The paper will offer an account of how political activists are (mis)constructed as “folk devils” through an examination of recent media coverage in the UK and Czech Republic. It will seek to show how their construction as violent criminals and dangerous anarchists has influenced the treatment of those involved in protests by public authorities in the UK and Prague. The paper will also offer, in juxtaposition to this representation of the current anti-capitalism movement, a discussion of the accounts of activists themselves. In particular it examines the activists’ own perceptions of their engagement in the global social movement against capitalism. The paper is based on evidence derived from preliminary findings from interdisciplinary research into global social movements, and in particular the protests against the International Monetary Fund and World Bank in Prague in September 2000

Prisoners’ Families’ Research: Developments, Debates and Directions

After many years of relative obscurity, research on prisoners’ families has gained significant momentum. It has expanded from case-oriented descriptive analyses of family experiences to longitudinal studies of child and family development and even macro analyses of the effects on communities in societies of mass incarceration. Now the field engages multi-disciplinary and international interest although it arguably still remains on the periphery of mainstream criminological, psychological and sociological research agendas. This chapter discusses developments in prisoners’ families’ research and its positioning in academia and practice. It does not aim to provide an all-encompassing review of the literature rather it will offer some reflections on how and why the field has developed as it has and on its future directions. The chapter is divided into three parts. The first discusses reasons for the historically small body of research on prisoners’ families and for the growth in research interest over the past two decades. The second analyses patterns and shifts in the focus of research studies and considers how the field has been shaped by intersecting disciplinary interests of psychology, sociology, criminology and socio-legal studies. The final part reflects on substantive and ethical issues that are likely to shape the direction of prisoners’ families’ research in the future