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peer-reviewed, White-collar crime has become an area of significant interest for academics, practitioners, policy makers, and those with an interest in corporate affairs. However, this sudden surge of interest lacks a tradition of scholarship in Ireland. Moreover, new laws governing the corporate and financial sectors have also precipitated an increasingly intense demand for legal advice on securing compliance and from those seeking to defend themselves against prosecutions and other enforcement actions., SUBMITTED, Peer reviewed

peer-reviewed, Hunger strikes in a custodial setting are complex to manage clinically, with associated legal and ethical complexities. Hunger strikes in Irish prisons have received, and are likely to continue to be the focus of, considerable media attention. Whilst there is an internationally accepted consensus ethical position, there is limited legal guidance available for psychiatrists to draw upon in such cases. In this paper, we review recent case-law and discuss the legal considerations in the management of prisoners on hunger strike., PUBLISHED, peer-reviewed

peer-reviewed, The article considers the impact which the Victims’ Directive will have on service provision for victims in Ireland and the challenges which will be faced in seeking to make the objectives of the Directive a reality. The primary focus of the Directive is the provision of effective services to victims of crime ‘to ensure that [they] receive appropriate information, support and protection and are able to participate in criminal proceedings’. Unlike proposals to give participatory or procedural rights to victims, providing services such as court accompaniment or similar supports is uncontroversial. However, while these rights are not controversial in principle, ensuring that victims receive consistent and effective services throughout their engagement with the criminal justice process is not necessarily easily achieved. The article begins by discussing the expectations which the Directive creates for victims under each of its three themes; that is, information, support and protection. Within the discussion of each theme, the article will highlight shortcomings which have been experienced by Irish victims in that area in the past and consider the initial attempts which have been made to meet the Directive’s objectives with regard to that specific theme. The authors argue that although clear efforts have been made to ensure the expectations created by the Directive become a reality, Ireland still has some way to go before full compliance is achieved. The article concludes by considering some of the general, practical challenges posed when seeking to implement the level of service provision envisaged by the Directive and outlining the commitments which the state will need to make to ensure that appropriate, Directive-compliant services are provided to victims., PUBLISHED, peer-reviewed

peer-reviewed, This thesis examines the role of investigative interviewing in the Irish criminal justice system. Investigative interviewing covers all aspects of speaking to persons, in the course of a criminal investigation, to obtain from them all pertinent information that he or she may have in his or her possession. Such investigative interviewing therefore also applies to the witnesses and victims of crime. Though all aspects of investigative interviewing are examined in this thesis, it is primarily concerned with the interviewing of criminal suspects. It will be argued that a major paradigm shift occurred with the introduction of the Criminal Justice Act 1984 in Ireland. This Act created, for the first time, the legal architecture necessary to question those suspected of involvement in serious crime. This changed the stated purpose of an arrest from a mechanism to bring a person speedily before the courts to one were an arrest became an integral part of the police criminal investigation. Alongside this legislation, new provisions provided safeguards to protect those brought in for questioning. The Irish police, An Garda Síochána, received no additional training to address this change of function. As a result of the Morris Tribunal, it was established that Gardaí received very little instruction in obtaining witness, victim or suspect statements. This thesis will examine two alternative police interview models in order to evaluate the interview model adopted by the Gardaí. This has resulted in a well-designed interview model that is appropriate in the majority of interview situations. To ensure its successful implementation into practice requires a committed training programme. Training began in 2014 and is on-going throughout the organisation. However, some training aspects have been considerably shortened and previous experience suggests that even well designed programmes can fail to deliver their objectives because of issues with training. Consequently, legislation may oft

peer-reviewed, Background: In May 2018, the Irish Constitution was changed following a referendum allowing termination of pregnancy by abortion. It is envisaged that the majority of terminations will be by medical abortion and will take place in general practice before 12 weeks gestation. Aim: To elicit attitudes and level of preparedness of Irish GPs to provide medical abortion services. Design & setting: Cross-sectional study of 222 GPs who were associated with the University of Limerick Graduate Entry Medical School (GEMS) and GP training programme. Method: An anonymous online questionnaire was distributed via email. Reminders were sent 2 and 4 weeks later. Results: The response rate was 57.2% (n = 127/222). Of the responders, 105 (82.7%) had no training in this area, with only 4 (3.1%) indicating that they had sufficient training. Nearly all responders (n = 119, 93.7%) were willing to share abortion information with patients. Just under half of responders (n = 61, 48.0%) would be willing to prescribe abortion pills, with 47 (37.0%) unwilling to do so. Only 53 (41.7%) responders believed that provision of abortion services should be part of general practice, with 52 (40.9%) saying that it should not. As to whether doctors should be entitled to a conscientious objection but should also be obliged to refer the patient, 92 (72.4%) responders agreed. Over two-thirds of responders (n = 89, 70.1%) felt that necessary patient support services are not currently available. Conclusion: There is a lack of training and a considerable level of unwillingness to participate in this process among Irish GPs. There is also a perceived lack of patient support services for women experiencing unwanted pregnancy. It is incumbent upon state and professional bodies to address these issues.

peer-reviewed, The inability of women carrying foetuses suffering from fatal abnormalities to access a termination in this jurisdiction has been discussed widely in the media and the political sphere in recent times. Diverging views have emerged on whether Article 40.3.3 could accommodate terminations in these circumstances with the government taking the view that the termination of a pregnancy of this nature is not permissible under the Irish Constitution. This article proposes to unpick this presumption, focusing on three interpretations of Article 40.3.3which would permit terminations in these circumstances. The first argument is that the definition of the unborn does not include a foetus which does not have the capacity to survive outside the womb where such incapacity is not due exclusively to extreme immaturity. Secondly, it is argued that the life in question (that is, unviable life) can not be considered equal to the right to life of the mother. Finally it is argued that it is not practicable for the State to defend and vindicate this life. Essentially it is a question of whether there is a shift in the manner in which the two rights are balanced in these circumstances. Ultimately, it is argued that the termination of foetuses suffering from fatal abnormalities, such that they are incompatible with life outside the womb, is constitutionally permissible, and that a referendum to allow such terminations is not necessary. It is inevitable that a case involving circumstances such as these will appear before the Irish courts: we argue that the Government should pre-empt such a case, and legislate to allow for terminations where the foetus is suffering from a fatal abnormality.

peer-reviewed, Capstone service learning courses are designed to overcome the negative effects of fractioned knowledge by enabling students to consolidate and apply what they have learned over a program of study. They also promote a scholarship of engagement. This article documents the learning experiences of students on a Deaths in Prison Custody capstone service learning course. Though such a criminal justice course requires significant staff input and involves some loss of educational control, it has many benefits including enhanced learning, meaningful service, public value, and civic engagement. The focus on this article is on student learning experiences. It outlines how the pragmatic focus of such a course made knowledge and student learning relevant and actionable. It also describes how the deliberately unstructured design of the course, together with its emphasis on pubic value, encouraged autonomous and self-directed learning, prompting the students to take greater ownership of their learning.

peer-reviewed, In recent years, the prospect of the criminal prosecution of medical practitioners for patient safety incidents resulting in fatality which occur in the course of clinical practice has caused heightened anxiety among medical practitioners, particularly in England and Wales, where a number of high-profile cases have raised public consciousness of this issue. The full impact of this landscape on individual practitioners and the delivery of healthcare has yet to be ascertained, although research suggests that medical practice has been impacted. Of particular interest is the phenomenon of defensive medicine which occurs where physicians adopt assurance and/or avoidance behaviours in an attempt to minimise the risk of medical negligence litigation and/or to avoid complaints to regulatory bodies. While defensive medicine is traditionally conceived of in a civil context, the possibility of criminal prosecution for patient safety incidents resulting in fatality may also result in alterations to medical practice. Drawing on the findings of an empirical study (a survey), this research sought to explore the impact, if any, of the threat of criminal prosecution on surgical practice in the Republic of Ireland, including a potential rise in defensive practice.

peer-reviewed, Defensive medicine describes behaviours engaged in by physicians, for the purposes of averting the threat of medical negligence litigation and/or complaints. Defensive practice typically encompasses ‘assurance’ or ‘avoidance’ behaviours, or ‘positive’ or ‘negative’ defensive medicine. Assurance behaviours include, for example, meticulous notetaking and ordering further clinically unnecessary tests, whereas avoidance behaviours encompass actions such as refusing to engage with a patient perceived to be high-risk. Whilst such practices may be understandable, defensive medicine is problematic for a number of reasons: it may result in a lower standard of patient care, where for example, a patient is exposed to unnecessary risk(s); and it can increase healthcare costs, which in turn limits resources. Drawing on the findings of a survey of surgeons in Ireland, this study investigates the existence of defensive practices, and explores the impact of the civil and regulatory responses to patient safety incidents on surgical practice. Given the increasing emphasis on patient safety and cultivating a “no-blame” culture both nationally and internationally, the findings of this research illustrate the tension between the current medico-legal and regulatory environment and medical practice, with implications for quality and safety.

peer-reviewed, Objective The objective of this study is to explore the experiences and perspectives of general practitioners’ and medical students’ use of, and behaviour on, social media and to understand how they negotiate threats to professional and personal life on social media. Design A two-phase qualitative design was used, consisting of semi-structured interviews and follow-up vignettes, where participants were asked to respond to vignettes that involved varying degrees of unprofessional behaviour. Data were analysed using template analysis. Setting and participants Participants were general practitioner tutors and third year medical students who had just completed placement on the University of Limerick longitudinal integrated clerkship. Five students and three general practitioners affiliated with the medical school were invited to participate in one-to-one interviews. Results Three overarching themes, each containing subthemes were reported. ‘Staying in contact and up to date’ outlines how social media platforms provide useful resources and illustrates the potential risks of social media. ‘Online persona’ considers how social media has contributed to changing the nature of interpersonal relationships. ‘Towards standards and safety’ raises the matter of how to protect patients, doctors and the medical profession. Conclusion Guidance is required for students and medical practitioners on how to establish reasonable boundaries between their personal and professional presence on social media and in their private life so that poorly judged use of social media does not negatively affect career prospects and professional efficacy

non-peer-reviewed, Many of us will become a victim of crime at some point in our lives, yet many victims chose not to report these crimes to the police. Ultimately, a large number of victims in Ireland are not engaging in the criminal justice system. Researchers from the Centre for Crime, Justice and Victim Studies (CCJVS), School of Law have sought to better understand this phenomenon with a view to understanding how best to engage with and support victims of crime, while also informing public policy and legislative reform.

non-peer-reviewed, Many of us will become a victim of crime at some point in our lives, yet many victims chose not to report these crimes to the police. Ultimately, a large number of victims in Ireland are not engaging in the criminal justice system. Researchers from the Centre for Crime, Justice and Victim Studies (CCJVS), School of Law have sought to better understand this phenomenon with a view to understanding how best to engage with and support victims of crime, while also informing public policy and legislative reform.

peer-reviewed, In 2001 David Garland published his work on what he called “The Culture of Crime Control” relating to the systems of criminal justice in the U.K. and U.S.A. He argues that criminal justice in these large jurisdictions has, in the thirty years prior to 2001, become more authoritarian, punitive and coercive. He uses twelve benchmarks or what he calls “the Indices of Change” to make out his case. The author is a retired member of An Garda Síochána with in excess of thirty three years Garda experience. This thesis will use this experience to explore transformation in An Garda Síochána in the last half century since the late 1960s to 2018 to establish if Garland’s theory has any relevance to that transformation. It will be contended that the evidence presented here is compelling proof that Garland’s theory is authenticated in what occurred in Irish policing in the period under review. This thesis specifically examines six of Garland’s “indices of change” to demonstrate how relevant they are in explaining transformation in An Garda Síochána and policing generally in the Republic of Ireland. That is not to suggest that Garland’s remaining six indices are not relevant. They are, but they impact on Irish policing in a more indirect way and are more relevant to other agencies in the criminal justice system. It will be maintained Garland’s indices can be used to describe how An Garda Síochána has become scandal ridden and never more so than in the most recent decades. However, it will also be asserted that Garland’s theory can be the template for the Garda organisation to extricate itself from scandal and implement measures and procedures that will ensure good policing practice and a less turbulent future.

peer-reviewed, In 2001 David Garland published his work on what he called “The Culture of Crime Control” relating to the systems of criminal justice in the U.K. and U.S.A. He argues that criminal justice in these large jurisdictions has, in the thirty years prior to 2001, become more authoritarian, punitive and coercive. He uses twelve benchmarks or what he calls “the Indices of Change” to make out his case. The author is a retired member of An Garda Síochána with in excess of thirty three years Garda experience. This thesis will use this experience to explore transformation in An Garda Síochána in the last half century since the late 1960s to 2018 to establish if Garland’s theory has any relevance to that transformation. It will be contended that the evidence presented here is compelling proof that Garland’s theory is authenticated in what occurred in Irish policing in the period under review. This thesis specifically examines six of Garland’s “indices of change” to demonstrate how relevant they are in explaining transformation in An Garda Síochána and policing generally in the Republic of Ireland. That is not to suggest that Garland’s remaining six indices are not relevant. They are, but they impact on Irish policing in a more indirect way and are more relevant to other agencies in the criminal justice system. It will be maintained Garland’s indices can be used to describe how An Garda Síochána has become scandal ridden and never more so than in the most recent decades. However, it will also be asserted that Garland’s theory can be the template for the Garda organisation to extricate itself from scandal and implement measures and procedures that will ensure good policing practice and a less turbulent future.

peer-reviewed, In 2001 David Garland published his work on what he called “The Culture of Crime Control” relating to the systems of criminal justice in the U.K. and U.S.A. He argues that criminal justice in these large jurisdictions has, in the thirty years prior to 2001, become more authoritarian, punitive and coercive. He uses twelve benchmarks or what he calls “the Indices of Change” to make out his case. The author is a retired member of An Garda Síochána with in excess of thirty three years Garda experience. This thesis will use this experience to explore transformation in An Garda Síochána in the last half century since the late 1960s to 2018 to establish if Garland’s theory has any relevance to that transformation. It will be contended that the evidence presented here is compelling proof that Garland’s theory is authenticated in what occurred in Irish policing in the period under review. This thesis specifically examines six of Garland’s “indices of change” to demonstrate how relevant they are in explaining transformation in An Garda Síochána and policing generally in the Republic of Ireland. That is not to suggest that Garland’s remaining six indices are not relevant. They are, but they impact on Irish policing in a more indirect way and are more relevant to other agencies in the criminal justice system. It will be maintained Garland’s indices can be used to describe how An Garda Síochána has become scandal ridden and never more so than in the most recent decades. However, it will also be asserted that Garland’s theory can be the template for the Garda organisation to extricate itself from scandal and implement measures and procedures that will ensure good policing practice and a less turbulent future.

peer-reviewed, In examining the contours of the penal complex, lawyers, penologists and criminologists are often drawn to traditional ‘real crime’ (homicides, violent assaults, organised crime, sexual offences, requirements of mens rea and actus reus, and general defences) whilst ignoring regulatory offences which are often enforced by specialist agencies.

peer-reviewed, This article serves as an introduction to this special edition of the I.J.L.S. on the recent developments on abortion law in Ireland. It briefly explains what were the two main drivers behind the introduction of the Protection of Life During Pregnancy Bill 2013, namely the European Court of Human Right’s judgment against Ireland in the case of A., B. & C. v. Ireland, no. 25579/05 [2010] E.C.H.R. 2032 (16 December 2010) and the untimely death of Savita Halappanavar. It then reviews a series of public hearings, heard by the Joint Committee on Health and Children in January and May 2013, on how to best meet Ireland’s obligations under the European Convention on Human Rights and under the Constitution. Finally it details the genesis of this special edition and introduces the work of the contributors.

peer-reviewed, The inability of women carrying foetuses suffering from fatal abnormalities to access a termination in this jurisdiction has been discussed widely in the media and the political sphere in recent times. Diverging views have emerged on whether Article 40.3.3 could accommodate terminations in these circumstances with the government taking the view that the termination of a pregnancy of this nature is not permissible under the Irish Constitution. This article proposes to unpick this presumption, focusing on three interpretations of Article 40.3.3which would permit terminations in these circumstances. The first argument is that the definition of the unborn does not include a foetus which does not have the capacity to survive outside the womb where such incapacity is not due exclusively to extreme immaturity. Secondly, it is argued that the life in question (that is, unviable life) can not be considered equal to the right to life of the mother. Finally it is argued that it is not practicable for the State to defend and vindicate this life. Essentially it is a question of whether there is a shift in the manner in which the two rights are balanced in these circumstances. Ultimately, it is argued that the termination of foetuses suffering from fatal abnormalities, such that they are incompatible with life outside the womb, is constitutionally permissible, and that a referendum to allow such terminations is not necessary. It is inevitable that a case involving circumstances such as these will appear before the Irish courts: we argue that the Government should pre-empt such a case, and legislate to allow for terminations where the foetus is suffering from a fatal abnormality.

peer-reviewed, Capstone service learning courses are designed to overcome the negative effects of fractioned knowledge by enabling students to consolidate and apply what they have learned over a program of study. They also promote a scholarship of engagement. This article documents the learning experiences of students on a Deaths in Prison Custody capstone service learning course. Though such a criminal justice course requires significant staff input and involves some loss of educational control, it has many benefits including enhanced learning, meaningful service, public value, and civic engagement. The focus on this article is on student learning experiences. It outlines how the pragmatic focus of such a course made knowledge and student learning relevant and actionable. It also describes how the deliberately unstructured design of the course, together with its emphasis on pubic value, encouraged autonomous and self-directed learning, prompting the students to take greater ownership of their learning.

peer-reviewed, In 2001 David Garland published his work on what he called “The Culture of Crime Control” relating to the systems of criminal justice in the U.K. and U.S.A. He argues that criminal justice in these large jurisdictions has, in the thirty years prior to 2001, become more authoritarian, punitive and coercive. He uses twelve benchmarks or what he calls “the Indices of Change” to make out his case. The author is a retired member of An Garda Síochána with in excess of thirty three years Garda experience. This thesis will use this experience to explore transformation in An Garda Síochána in the last half century since the late 1960s to 2018 to establish if Garland’s theory has any relevance to that transformation. It will be contended that the evidence presented here is compelling proof that Garland’s theory is authenticated in what occurred in Irish policing in the period under review. This thesis specifically examines six of Garland’s “indices of change” to demonstrate how relevant they are in explaining transformation in An Garda Síochána and policing generally in the Republic of Ireland. That is not to suggest that Garland’s remaining six indices are not relevant. They are, but they impact on Irish policing in a more indirect way and are more relevant to other agencies in the criminal justice system. It will be maintained Garland’s indices can be used to describe how An Garda Síochána has become scandal ridden and never more so than in the most recent decades. However, it will also be asserted that Garland’s theory can be the template for the Garda organisation to extricate itself from scandal and implement measures and procedures that will ensure good policing practice and a less turbulent future.

peer-reviewed, This thesis examines the role of investigative interviewing in the Irish criminal justice system. Investigative interviewing covers all aspects of speaking to persons, in the course of a criminal investigation, to obtain from them all pertinent information that he or she may have in his or her possession. Such investigative interviewing therefore also applies to the witnesses and victims of crime. Though all aspects of investigative interviewing are examined in this thesis, it is primarily concerned with the interviewing of criminal suspects. It will be argued that a major paradigm shift occurred with the introduction of the Criminal Justice Act 1984 in Ireland. This Act created, for the first time, the legal architecture necessary to question those suspected of involvement in serious crime. This changed the stated purpose of an arrest from a mechanism to bring a person speedily before the courts to one were an arrest became an integral part of the police criminal investigation. Alongside this legislation, new provisions provided safeguards to protect those brought in for questioning. The Irish police, An Garda Síochána, received no additional training to address this change of function. As a result of the Morris Tribunal, it was established that Gardaí received very little instruction in obtaining witness, victim or suspect statements. This thesis will examine two alternative police interview models in order to evaluate the interview model adopted by the Gardaí. This has resulted in a well-designed interview model that is appropriate in the majority of interview situations. To ensure its successful implementation into practice requires a committed training programme. Training began in 2014 and is on-going throughout the organisation. However, some training aspects have been considerably shortened and previous experience suggests that even well designed programmes can fail to deliver their objectives because of issues with training. Consequently, legislation may oft

peer-reviewed, Background: In May 2018, the Irish Constitution was changed following a referendum allowing termination of pregnancy by abortion. It is envisaged that the majority of terminations will be by medical abortion and will take place in general practice before 12 weeks gestation. Aim: To elicit attitudes and level of preparedness of Irish GPs to provide medical abortion services. Design & setting: Cross-sectional study of 222 GPs who were associated with the University of Limerick Graduate Entry Medical School (GEMS) and GP training programme. Method: An anonymous online questionnaire was distributed via email. Reminders were sent 2 and 4 weeks later. Results: The response rate was 57.2% (n = 127/222). Of the responders, 105 (82.7%) had no training in this area, with only 4 (3.1%) indicating that they had sufficient training. Nearly all responders (n = 119, 93.7%) were willing to share abortion information with patients. Just under half of responders (n = 61, 48.0%) would be willing to prescribe abortion pills, with 47 (37.0%) unwilling to do so. Only 53 (41.7%) responders believed that provision of abortion services should be part of general practice, with 52 (40.9%) saying that it should not. As to whether doctors should be entitled to a conscientious objection but should also be obliged to refer the patient, 92 (72.4%) responders agreed. Over two-thirds of responders (n = 89, 70.1%) felt that necessary patient support services are not currently available. Conclusion: There is a lack of training and a considerable level of unwillingness to participate in this process among Irish GPs. There is also a perceived lack of patient support services for women experiencing unwanted pregnancy. It is incumbent upon state and professional bodies to address these issues.

peer-reviewed, This thesis examines the role of investigative interviewing in the Irish criminal justice system. Investigative interviewing covers all aspects of speaking to persons, in the course of a criminal investigation, to obtain from them all pertinent information that he or she may have in his or her possession. Such investigative interviewing therefore also applies to the witnesses and victims of crime. Though all aspects of investigative interviewing are examined in this thesis, it is primarily concerned with the interviewing of criminal suspects. It will be argued that a major paradigm shift occurred with the introduction of the Criminal Justice Act 1984 in Ireland. This Act created, for the first time, the legal architecture necessary to question those suspected of involvement in serious crime. This changed the stated purpose of an arrest from a mechanism to bring a person speedily before the courts to one were an arrest became an integral part of the police criminal investigation. Alongside this legislation, new provisions provided safeguards to protect those brought in for questioning. The Irish police, An Garda Síochána, received no additional training to address this change of function. As a result of the Morris Tribunal, it was established that Gardaí received very little instruction in obtaining witness, victim or suspect statements. This thesis will examine two alternative police interview models in order to evaluate the interview model adopted by the Gardaí. This has resulted in a well-designed interview model that is appropriate in the majority of interview situations. To ensure its successful implementation into practice requires a committed training programme. Training began in 2014 and is on-going throughout the organisation. However, some training aspects have been considerably shortened and previous experience suggests that even well designed programmes can fail to deliver their objectives because of issues with training. Consequently, legislation may oft

peer-reviewed, Background: In May 2018, the Irish Constitution was changed following a referendum allowing termination of pregnancy by abortion. It is envisaged that the majority of terminations will be by medical abortion and will take place in general practice before 12 weeks gestation. Aim: To elicit attitudes and level of preparedness of Irish GPs to provide medical abortion services. Design & setting: Cross-sectional study of 222 GPs who were associated with the University of Limerick Graduate Entry Medical School (GEMS) and GP training programme. Method: An anonymous online questionnaire was distributed via email. Reminders were sent 2 and 4 weeks later. Results: The response rate was 57.2% (n = 127/222). Of the responders, 105 (82.7%) had no training in this area, with only 4 (3.1%) indicating that they had sufficient training. Nearly all responders (n = 119, 93.7%) were willing to share abortion information with patients. Just under half of responders (n = 61, 48.0%) would be willing to prescribe abortion pills, with 47 (37.0%) unwilling to do so. Only 53 (41.7%) responders believed that provision of abortion services should be part of general practice, with 52 (40.9%) saying that it should not. As to whether doctors should be entitled to a conscientious objection but should also be obliged to refer the patient, 92 (72.4%) responders agreed. Over two-thirds of responders (n = 89, 70.1%) felt that necessary patient support services are not currently available. Conclusion: There is a lack of training and a considerable level of unwillingness to participate in this process among Irish GPs. There is also a perceived lack of patient support services for women experiencing unwanted pregnancy. It is incumbent upon state and professional bodies to address these issues.

peer-reviewed, In examining the contours of the penal complex, lawyers, penologists and criminologists are often drawn to traditional ‘real crime’ (homicides, violent assaults, organised crime, sexual offences, requirements of mens rea and actus reus, and general defences) whilst ignoring regulatory offences which are often enforced by specialist agencies.

peer-reviewed, This thesis examines the role of investigative interviewing in the Irish criminal justice system. Investigative interviewing covers all aspects of speaking to persons, in the course of a criminal investigation, to obtain from them all pertinent information that he or she may have in his or her possession. Such investigative interviewing therefore also applies to the witnesses and victims of crime. Though all aspects of investigative interviewing are examined in this thesis, it is primarily concerned with the interviewing of criminal suspects. It will be argued that a major paradigm shift occurred with the introduction of the Criminal Justice Act 1984 in Ireland. This Act created, for the first time, the legal architecture necessary to question those suspected of involvement in serious crime. This changed the stated purpose of an arrest from a mechanism to bring a person speedily before the courts to one were an arrest became an integral part of the police criminal investigation. Alongside this legislation, new provisions provided safeguards to protect those brought in for questioning. The Irish police, An Garda Síochána, received no additional training to address this change of function. As a result of the Morris Tribunal, it was established that Gardaí received very little instruction in obtaining witness, victim or suspect statements. This thesis will examine two alternative police interview models in order to evaluate the interview model adopted by the Gardaí. This has resulted in a well-designed interview model that is appropriate in the majority of interview situations. To ensure its successful implementation into practice requires a committed training programme. Training began in 2014 and is on-going throughout the organisation. However, some training aspects have been considerably shortened and previous experience suggests that even well designed programmes can fail to deliver their objectives because of issues with training. Consequently, legislation may oft

non-peer-reviewed, Foreword The absence of reliable, comprehensive information on deaths in custody within this jurisdiction has long stuck me as lamentable. This project emerged from a conversa-tion between Prof. Shane Kilcommins and me in 2014 in which we discussed my de-sire to rectify the information deficit in this regard. Unfortunately, given the limited re-sources available to my office, this was not work which I could undertake myself. With characteristic enthusiasm, Prof. Kilcommins suggested that the School of Law in the University of Limerick would be in a position to provide academic support to such a project. Supported by two academic members of staff, Prof. Shane Kilcommins and Dr. Eimear Spain, ten fourth year law students were invited to participate. On meeting the students, Roisin Cahill, Blathnaid Christian O Shea, Maire Ciepierski , Caoilinn Doran, Cillian Flavin, Niall Foley, Michelle Kavanagh, Luke Mulcahy, Rachel O'Carroll and Stephen Strauss Walsh, I was immediately struck by their interest, willingness to par-ticipate and their broad knowledge. The students worked diligently and with great en-thusiasm and contributed in two important ways: conducting an extensive literature review on deaths in custody and designing a database based on international best practice. This database will be an important resource for my office and the state in the years to come, informing stakeholders and it is hoped, public policy. As a proud adjunct Professor in the School of Law, I was also delighted to note the very real benefits which accrued to the students who worked on this project. Participa-tion gave them an opportunity to synthesise existing knowledge and apply the analyti-cal and research skills developed during their time in UL in a real world scenario. I hope that this experience is one which the students will long remember, cementing their love of and respect for the law and public service. This research, which will be presented to the Tánaiste and Minister for Justice

peer-reviewed, In examining the contours of criminal law and its application, most lawyers and criminologists are drawn to traditional ‘real crime’ (homicides, violent assaults, organised crime, sexual offences, requirements of mens rea and actus reus, and general defences) whilst ignoring white collar offences which are often enforced by specialist agencies. As a society we have tended to be preoccupied with the ‘punitive regulation of the poor’, a project closely tied to a police-prisons way of knowing that focuses on ‘crime in the streets’ rather than ‘crime in the suites’ (see J Braithwaite (2003) and ‘What’s Wrong with the Sociology of Punishment’ 7(1) Theo. Crim. 5-28 at 7). The narrow exclusivity of this approach is a mistake, not least because criminalisation is now more than ever viewed as a panacea for almost any social problem. More and more Irish society is witnessing the increasing and extensive use of regulatory strategies by the Irish state. In areas such as competition law, environmental protection, health and safety law, and consumer and corporate affairs, there has been a move towards using criminalisation as the last-resort strategy when compliance through negotiation and monitoring has failed.

peer-reviewed, This chapter documents some of the legislative and policy developments relating to victims’ rights in Ireland, Internationally, there has been growing recognition of the interests and needs of victims in the criminal justice system over the past few decades, where previous emphasis had been predominantly on the rights of the offender (Christie, 1977; O’Hara, 2005). The result, in Ireland and in other jurisdictions, has been a series of developments which seek to enhance the support provided to victims, particularly in terms of their role as witnesses in court.

peer-reviewed, This article serves as an introduction to this special edition of the I.J.L.S. on the recent developments on abortion law in Ireland. It briefly explains what were the two main drivers behind the introduction of the Protection of Life During Pregnancy Bill 2013, namely the European Court of Human Right’s judgment against Ireland in the case of A., B. & C. v. Ireland, no. 25579/05 [2010] E.C.H.R. 2032 (16 December 2010) and the untimely death of Savita Halappanavar. It then reviews a series of public hearings, heard by the Joint Committee on Health and Children in January and May 2013, on how to best meet Ireland’s obligations under the European Convention on Human Rights and under the Constitution. Finally it details the genesis of this special edition and introduces the work of the contributors.

peer-reviewed, Coercive measures to protect public health are controversial, eliciting questions regarding state-patient relationships and conficts between individual autonomy and public good. This is challenging in a time when respect for patient autonomy has become elevated yet society faces an increasing number of public health challenges, the most recent being the SARS-CoV-2 virus (COVID-19). In that context, there is emphasis on increasing vaccination rates internationally in order to achieve “herd immunity”, raising the possibility of compulsory vaccination of populations in the future. Here, we explore current rights of individuals to decline vaccination, utilising prior learning from other viral pathogens internationally (specifcally, measles, mumps and rubella), and related public health outcomes. Further, we consider freedom of choice versus mandatory treatment necessitated to avoid contagion during disease outbreaks (such as COVID-19). In doing so, we utilise rhetorical reasoning in the form of casuistry focusing on the core challenges regarding public good versus personal antipathy towards vaccination.