Danny Boy


Larry Murphy release shows Irish justice system up for the joke that it is.

Posted on Thursday, August 12, 2010 at 06:56 PM

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Although it's hard to draw many positives from the release after a mere decade in jail of a sexual offender whose attack was so astoundingly violent that even the police service seem to remain in palpable fear, perhaps the one good thing to come out of it is that the world is now talking about - and laughing at - the decrepit state of the Irish justice system.

As one commenter did well to note on this website: "you double park you get a day in court , you kill someone you get a pat on the back." Of course that's a bit exaggerated, but there's more than a kernel of truth there.

The Irish justice system was built on the solid backbone of our own ancient Brehon law, and more recently from the English Common Law. Yet from these solid foundations, something began to crumble.

Among the many problems facing the Irish justice system as it stands today is that unlike Ronseal - the trust gardening paint of that famous commercial - it doesn't do what it says on the tin.

A 'life sentence', according to the latest figures, now works out at a little over 17 years, which is just one year shorter than the average lifespan of a black forest bear, but certainly comes nowhere close to matching the natural lifespan of a flesh and blood mortal.

But the real problem - besides these farcical 'life sentences' - is the ubiquity of the 'suspended sentence', whereby the 'prisoner' avoids prison by abiding by certain conditions, most of which are usually met.

Unlike in America, where suspended sentences are generally reserved only for first time offenders, the suspended sentence is a staple at almost all levels of the Irish criminal justice system. In 2008 a sister convicted of the manslaughter of her brother got such a deal from the Central Criminal Court. Calling this a shambles wouldn't go far enough.

One of the 'courts' section articles which abides in my memory was an absolute gem of a story which the trusty Irish Independent picked up on last September.

The article stated that one in seven prisoners had to be released from Irish prisons because of of overcrowding.

This meant that up to 600 inmates at a time were walking free on temporary release simply because there wasn't enough room for them in the nation's prisons. There could be one outside my window.

There are times, many time, when the famously laid-back Irish approach to life provides great humour.

When you come back home from somewhere as high stress and hard working as America to road work crews packing up for the day at 4:00pm there's a bit of a laugh and a charm there.

But having arguably the most inefficient and hopelessly lenient criminal justice system in the world - as demonstrated by the Larry Murphy release - is cause for only shame. Yet who's counting on change?




17 comments

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It is true what is said in the article about people commintting terrible crimes and getting away through some loophole in the justice system here and if you do not pay your T.V. licence you can get up to seven days or more in jail. Yes I agree that our justice system is left over from the time of the British Occupation where in the Four Courts in Dublin a Solicitor can talk to a Barrister once the cross over a white line on the floor just because he is wearing a dirty wig on top of his head. It is ancient stuff. The Solicitor has to call the Judge "Your Honour" some of these Judges sitting on benches are so tied up with the Politicians that they make terrible judgements
davemc: "He just said that Brehon law along with the English law were the foundations of Irish law and I think that he's perfectly right for saying so" -- I guess that makes you of you who don't know what you are talking about.
If this guy is truly guilty of this crime, he should be put to death...but not before any further information about other unsolved cases/missing persons is gleaned from him, first. I'm not much for Al Capone, but he had a point when he was said to have remarked: "Give me a blowtorch and a pair of pliers, and I will get any information from any man in five minutes." Torture this f-ck until he spills all the beans there are to spill, then follow up and solve the cases -- and then pop him...first in the n-ts, then in the head.
The same thing happens here in Australia. These people who commit these crimes lose the right to live on this planet. If a dog bites some-one it is put down. So should these b-----ds.
I have'nt read all the posts on this case so i do'nt know if any mention was made of remission in the Irish system?A quarter is automatically deducted from all sentences for "good behaviour" ie,not raping women or stealing cars whilst in prison!!
In fairness to one of the earlier commenters - WoundedKnee - where did Danny ever suggest that you could rely on Brehon law as precedent in an Irish court? He just said that Brehon law along with the English law were the foundations of Irish law and I think that he's perfectly right for saying so, according to my limited knowledge of how the law works here. You see he was only convicted for one rape, but he's a prime suspect in many more - the Guards just don't seem to be able to gather enough evidence. It is about time that Irish people started speaking out like this young man though so fair play.
leahforce: The "Irish" system still has judges with stupid dirty wigs on their heads (I actually think the judges get a fat allowance for cleaning their wigs) and attorneys who bow and scrape and say "M'lawd" to the judge. It's a disgusting neo-colonial farce, but it shows what a rotten little statelet the Irish created after their pseudo-independence.
fargo: "Education and early intervention for troubled teens is a good way to start" So folks with a Ph.D don't commit murder? Well, that's a relief, as my wife has one. I can relax.
Well said Danny. Thank you! More prisons aren't necessarily the answer. Education and early intervention for troubled teens is a good way to start. This psychopath did not become such overnight.
It is about time that people of Ireland start letting the government know how you feel --make noise and be noticed !!!!
Build more prisons = construction jobs = prison employment/jobs = safer communities So, what exactly are we waiting on?...
The United States has the highest prison population because we have the most violent criminals. Criminal behavior here is also stoked by (1) our apparently unquenchable thirst for illegal drugs, and (2) a large pathologically dysfunctional subpopulation whose culture exalts ignorance, promiscuity, and violence. Let's move a few Newark or Chicago housing projects to Ireland and see what happens to the population of Irish prisons. Still, the U.S. courts are unpredictable, widely faulted here as being too lenient in general, yet too harsh in specific cases. America and Europe have a lot in common, but our mentalities are quite different in some key ways. We are by nature anti-authoritarian, and we prize individual initiative. That has great advantages, but it does lead to more criminality. The United States reserves the death penalty for the most depraved and sadistic of murderers. The people of America believe they have the right to put mad dogs down and do not look to Europe for guidance on what is or is not barbaric.
15 years is not a particularly lenient sentence for rape (the worst offender I know had his sentence reduced to 16 from 21 on appeal). The convict is entitled to parole for good behavior in prison. The USA has the highest prison population in the supposedly "free" world, not to mention the barbaric death penalty. This vengeance mentality should not be followed in Ireland. How about electronic tagging for convicted sex-offenders?
Having been an Assistant DA I can tell you Ireland is no more lenient than the U.S. In fact, I doubt Murphy would have done 17 years in U.S.
Touche wounded knee! Brehon law? He'd have been slain!!! I attended a sentencing of a serial pedophile predator and could not believe the BS of Irish Courts! Bowing and courtseying before judges who sit on thrones...the Irish have become more British than the British themselves - all the pompous bourgoise grandstanding- belittles the 'people'. Adding insult to injury, the justice system does little 'for the people' and certainly is not 'of the people'. The said predator was set free. The fact that the Irish public accept this farce makes me truly wonder what was left behind in the wake of generations of mass emigration.
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