The practice of Pre-trial Detention in Ireland Essay Sample
Crimes occur not just in Ireland but all across the world. If crimes occur then the society and the social fabric of a nation should be such that it identifies the individuals who have committed crimes so that further instances of committing such crimes don’t take place.
In this context, it is relevant to say that often crimes occur accidentally and sometimes they occur knowingly or intentionally. Whatever be the type and nature of the crime the judiciary of a nation should be such that it paves way for impartial probe and subsequently investigate into the crime, analyze the shreds of evidence that are collected and then come to a conclusion as far as awarding punishment to the individual/s accused of criminal acts.
Different countries across the world have different constitutions which have different provisions for investigating crimes, awarding punishments. This essay discusses the practice of pre-trial detention in Ireland.
Irish penal policies
The Irish penal policies are such that it aims to make the country a safer and a better place for its citizens. As per the policy, punishment is awarded to those who are criminals and have committed serious crimes.
Also, as per the Irish justice system and penal policies, re-integration and rehabilitation of the offenders is an important deterrent to repetitive criminal activities.
The penal policies of Ireland are reviewed and updated from time to time. The important agencies that are part of the Irish penal services are the probation services and the prison services.
Apart from the probation services and the prison services, there are social enterprises within Ireland that make sure that the employment options for individuals with criminal records are enhanced so that they get proper rehabilitation and abstain from committing crimes.
In this context, there is one thing that is worth mentioning and that is the Irish judiciary has the provisions to arrest a person on mere suspicion to prevent criminal activities from taking place.
This practice of pre-trial detention is mentioned in the European convention of human rights. Know more about Irish penal policies from resources that are available on the web.
Purpose of pre-trial detentions
Dublin has statues of lady justice with open eyes, a symbol of fair judgment to the citizens of Ireland. Though there are provisions that are there for pre-trial detentions in Ireland its objective is to restrain an accused person from committing heinous crimes.
Under the pre-trial detention also known as the PTD, the accused person remains in judicial custody so that the person can face trial proceedings. The objective of all these is to make sure that the accused person appears before a court and that he or she abstains from doing crimes.
Is pre-trial detention bad?
Certainly, pre-trial detention is not that pleasant. Studies and researches on pre-trial detention gave discovered that it can have severe adverse side effects. In pre-trial detentions, there are enhanced likelihoods of the accused being found guilty.
Also, because of pre-trial detentions, the housing stability of the accused is harmed and the employment status of the accused is also harmed. And all these results in enhanced chances of the accused being convicted of new charges.
The harmful effects of pre-trial detention include that often justice is denied to the individual who is facing such detentions.
Therefore, considering all these perspectives it can be said that pre-trial detention is certainly a bad thing and lawmakers need to consider this thing and make room for amendments to the article of the European convention of human rights so that the law can be modified.
Process of pre-trial detentions
The pre-trial hearing process is also referred to as a pre-trial conference. This pre-trial conference is a sort of meeting between the defense and the prosecution and the judge before the start of a trial.
In pre-trial detention, if one party fails to appear then the judge can impose a penalty as per the Irish constitution. During the process of hearing under pre-trial detention, the accused person is expected to provide a variety of documents, evidence.
Prevention of pre-trial detentions
There is a provision of pre-trial detention as per the Irish laws. This section of the essay discusses the ways and means to prevent pre-trial detentions. Following are the ways and means that the Irish legal system can utilize to prevent pre-trial detentions:-
Reduction of arrests that is unnecessary and not required
Sometimes, unnecessary arrests can be prevented if a person visits the law enforcement teams, Irish police. In this manner, a person may not have to spend time in jail.
Replacing money bail
Often money bails bring about discrimination between the poor and the working-class population and this thing leads to unequal and improper outcomes based on wealth.
Restriction of detentions
Putting a restriction on detentions can prevent pre-trial detentions.
The Irish legal system and the law enforcement system can use the above-mentioned ways and means to prevent pre-trial detentions.
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