Law Commons^™

Rehabilitation, Research, And Reform: Prison Policy In Ireland, Mary Rogan

Articles

The paper tracks the concept of rehabilitation within official thinking in

Ireland since the foundation of the State. It explores when and how the term was first

used and how it has fared since. It then examines barriers to and the role of research

in the making of prison policy and comments on data deficits in the system at present.

Finally it looks at the role of interest groups within the criminal justice system in

Ireland, and specifically their effect, or potential effect, on the formation of prison

policy.

Prisoner's Rights And The Separation Of Powers: Comparing Approaches In Ireland, Scotland And England And Wales., Mary Rogan

Articles

The decision of Hogan J in Kinsella v. Governor of Mountjoy Prison [2011] IEHC 235 (hereinafter Kinsella) is an important development in the protection of prisoners’ constitutional rights in Ireland. The decision, which found that a prisoner’s right to have his person protected had been breached by his detention in a padded cell with a cardboard box for use as a toilet in conditions amounting to a form of sensory deprivation, may represent a new direction for prison law jurisprudence. The judgment is also of significance for its analysis of the circumstances in which conditions of detention can give rise …

Brown, Governor Of California Et Al V. Plata Et Al., Mary Rogan

Articles

The case of Brown, Governor of California et at v. Plata et al (hereinafter Plata) is one of the most eye-catching decisions of the Supreme Court of the United States in recent times. The result in itself – the upholding of an order of a Californian District Court to reduce the state’s prison population by up to 46,000 prisoners – would warrant attention. The reasoning of the Court and the differences between the majority and minority are also, however, most significant. The willingness of the Court to uphold the drastic measure of ordering a sizeable reduction in the Californian prison …

Dealing With Overcrowding In Prisons: Contrasting Judicial Approaches From The Usa And Ireland., Mary Rogan

Articles

Two recent decisions, one given by the Supreme Court of the United States of America and one of the Irish High Court, address the consequences of overcrowding in prisons. In Brown, Governor of California et at v. Plata et al1 (hereinafter Plata) the US Supreme Court upheld a decision of a three judge federal court requiring the State of California to reduce its prison population to 137.5% of the prison system’s design capacity, requiring the release of up to 46,000 prisoners. The Court agreed that the overcrowding in the Californian prison system had caused the breach of prisoners’ rights under …

Improving Criminal Justice Data And Policy, Mary Rogan

Articles

Criminal justice policy in Ireland is often criticised for lacking a robust evidence base.

Increased knowledge about crime and criminal justice may act to enrich all types of criminological enquiry and policy formation. This paper explores the potential of large population registries, similar to those created in the health sector, to inform criminal justice policymaking. The paper looks at the importance of such data collection for criminal justice research and policy and the potential hurdles to its development.

Occupational Noise Exposure Of Nightclub Bar Employees In Ireland, Gary Henehan, Aoife Kelly, Sara Boyd, Gordon Chambers

Articles

Due to the transposition of the EU Directive 2003/10/EC into Irish Law, the entertainment sector was obligated to comply with the requirements of the Safety, Health and Welfare at Work (General Application) Regulations 2007, Chapter 1 Part 5: Control of Noise at Work since February 2008. Compliance with the Noise Regulations was examined in 9 nightclubs in Ireland. The typical daily noise exposure of 19 bar employees was measured using 2 logging dosimeters and a Type 1 fixed position sound level meter. Physical site inspections identified nightclub noise control measures. Interviews and questionnaires were used to assess the managers and …