Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland
Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
1127069862
Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland
Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
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Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland

Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland

by Ian O'Donnell
Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland

Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland

by Ian O'Donnell

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Overview

Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.

Product Details

ISBN-13: 9780192519443
Publisher: OUP Oxford
Publication date: 11/02/2017
Series: Clarendon Studies in Criminology
Sold by: Barnes & Noble
Format: eBook
Pages: 320
File size: 789 KB

About the Author

Ian O'Donnell MRIA is Professor of Criminology at University College Dublin and an Adjunct Fellow of Linacre College, Oxford. His last book, also published as part of OUP's Clarendon Studies in Criminology, was Prisoners, Solitude, and Time.

Table of Contents

  • Preface
  • List of tables
  • Introduction
  • The revolutionary period
  • Parameters of inquiry
  • Avoiding death-eligibility
  • Classifying Clemency
  • Who, where, how?
  • A tripartitie scheme
  • The 'prerogative'
  • For and Against Clemency
  • Discretion and desert
  • Cons
  • Pros
  • Justice, mercy, caprice
  • Juries and Judges
  • Weighing the evidence
  • Composition
  • Softening the verdict
  • Donning the black cap
  • A singular case
  • Extraordinary Courts
  • Special Powers Tribunal
  • The 'terror court'
  • Astounding legal manoeuvres
  • Capital murder
  • Governments
  • Limits to discretion
  • Public opinion
  • Groupthink
  • Arbitrary or principled decisions?
  • Blurring the Separation of Powers
  • Interfering judges
  • A belt of the crozier
  • Entreaties from His Excellency
  • Judges again, now expediting release
  • Undoing Death I
  • A cruel lottery?
  • The burden of an unwanted child
  • Sex and jealousy
  • Undoing Death II
  • Dreadful deeds done in turbulent times
  • Legally sane but strikingly odd
  • Chivalry
  • Caprice
  • Release
  • Procedures
  • When?
  • Whither?
  • Why?
  • Postscript
  • Appendices
  • I. Convicted of murder after trial by jury, and spared
  • II. Convicted of murder after trial by jury, and hanged
  • III. Sentenced to death by a non-jury court
  • Bibliography
  • I. Primary sources
  • II. Secondary sources
  • Index
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