RT Article
T1 Examining the Role of Legal Culture as a Protective Factor Against High Rates of Pre-trial Detention: the Case of Ireland
JF European journal on criminal policy and research
VO 28
IS 3
SP 425
OP 433
A1 Rogan, Mary
LA English
YR 2022
UL https://krimdok.uni-tuebingen.de/Record/1839951923
AB Ireland has a comparatively low pre-trial detention rate by European standards, at around 14 pre-trial detainees per 100,000 population. This article seeks to explore one factor which may explain a lower use of pre-trial detention in Ireland: its legal culture. Drawing on semi-structured interviews with judges, prosecution lawyers, defence lawyers and probation staff, the article finds that the constitutional protection of the right to bail (the key alternative to pre-trial detention in Ireland), an enduring legal tradition which historically prohibited the use of a risk of offending ground, and shared views and assumptions about the objectives of pre-trial detention hearings amongst judges, prosecution and defence lawyers, have influenced how such actors engage in the decision-making process about the use of pre-trial detention. The article argues that more attention needs to be given to the role of legal culture to examine why detention rates differ across Europe.
K1 Alternatives to pre-trial detention
K1 Bail
K1 Ireland
K1 Legal culture
K1 Pre-trial detention
DO 10.1007/s10610-022-09515-9