The Gazette 1982

april

1982

g a z e t t e

Law and Order. ..

Society's award to young journalists

Some crime proposals are substantive and some are procedural. Among substantive proposals, we all can agree to larger and better-trained police and prosecutorial forces. We can support better correctional facilities to educate prisoners and equip them to pursue useful careers. These proposals can reduce repetitive crime far beyond our pres- ent system of warehousing prisoners in what may be des- cribed as training schools in crime. We perhaps can agree that in appropriate cases forms of sentencing that are alter- natives to incarceration may lead to better use of over- crowded prison facilities and more effective rehabilitation. But these substantive proposals often lack popular appeal, they are not the quick fix the public is seeking, and they cost money. By contrast, procedural changes sometimes appear to afford instant solutions and they cost little money. It is therefore popular to suggest that we can curb crime by detaining without bail those accused of violent crimes or by restricting the right of accused persons to exclude illegally obtained evidence. The instances of new crimes committed by those free on bail are dramatic and widely reported. Those cases in which it is reported that guilty persons are freed because the evidence against them could not be used due to technicalities capture public attention. But there is little reliable data to prove that we can predict accurately the dangerousness of accused persons. Studies show that overall there are few cases of crime in which prosecutions are thwarted because of the plea that evidence was wrong- fully obtained. But if any guilty persons are going free, why do we not lock them instantly behind prison doors? Under our Consti- tution every defendant is presumed innocent until proved guilty and must have opportunity for an adequate defence. The constitutional rights we all enjoy protect us, the inno- cent, from unwarranted police action, invasions of privacy, false accusations, and unjustified detention. It is our Con- stitution, enforced by courts and lawyers, that prevents this country from becoming a police state. It is easy to say: "It can't happen here". But that is what the citizens of many countries — most recently Poland — said just before they lost their rights.

The Law Society's Award for the best article on a legal topic submitted by a 2nd Year Student at the School of Journalism, Dublin College of Commerce has been award- ed to Brenda Power, Ballynooney, Mullinavat, Co. Kil- kenny, whose article on "Rape Cases —A Trial Within a Trial" will appear in the next issue of the "Gazette". Articles were considered from 16 students and covered a wide range of subjects from the facetious to an examination of the power of the President to refer a Bill to the Supreme Court, the Law on squatters, rape trials and proposals to extend the powers of the Gardai. The Award was introduced, on the recommendation of the Public Relations Committee, to stimulate the interest of young people graduating into professionaljournalism in the Law Society and to extend their knowledge of legal business. The adjudicators were David Rice, Director of the Jour- nalism Course; Michael V. O'Mahony, Solicitor, and Maxwell Sweeney, public relations consultant. After considering the entries it was decided to award two special prizes of £25 each for Very Highly Commended submissions from Ann O'Loughlin, Ballymaley, Galway Road, Ennis, and Bernard Purcell, 59 Abbey park, Bal- doyle, Dublin 3 for articles on the Children's Court and Legal Aid respectively. • Volume 2 12 Issues ILRM — Now in second year of publication — Bound volume 1, 1981 available soon — back issues of 1981 still obtainable Facts: The annual subscription to Irish Law Reports Monthly: £85.00 ( + 18% VAT = £15.30), includes Index, Table of Cases, Table of Statutes and Noter Upper. Enquiries and cheques to be sent to: The Round Hall Press Ltd., at Irish Academic Press Kill Lane, Blackrock, Co. Dublin. Held ILRM is a precedent in Irish Law Reporting and an asset to every practitioner. The Round Hall Press Ltd., Kill Lane, Blackrock, Co. Dublin. Telephone 850922 1982 IRISH LAW REPORTS MONTHLY

It costs nothing to lay the blame for crime at the door of laws, courts, and lawyers. It costs a great deal to provide more judges, police, and prosecutors, and better prisoner training and correctional facilities.

The above is an extractfrom the President's Page of the American Bar Association Journal for 1982. 115