18th April 2024
IPRT joined politicians, researchers in criminology and criminal justice, and people in the community sector in adding our name to an open letter proposing we adopt evidence-based alternatives to prison expansion in Ireland. The letter was published in the Irish Times on 18 April 2024.
Sir, –
We are members of Ireland’s criminology, political, and advocacy communities with deep knowledge of the Irish criminal justice system, and the research that shows how government can use penal and social policy in smart and equitable ways to keep all of society safe.
We are deeply concerned with prison overcrowding, increases in the rate of imprisonment, and recent policy announcements to drastically increase the capacity of existing prisons.
Contrary to what is often assumed and the rhetoric we see in public debates, imprisonment is not an effective way of preventing or reducing crime.
Research has demonstrated that sending someone to prison does not reduce their likelihood of reoffending, but can actually increase it.
In addition, increasing sentence severity does not lead to more deterrence.
Prison causes harm and fails to address the causes of offending or prepare people to reintegrate into society. Penal policies that rely on imprisonment will either have no effect or make us less safe.
It is true that prison overcrowding contributes to a situation in which Irish prisons are unsafe places to live or work and must be addressed. However, there are other ways to do this.
For example, it is time for Ireland to move on from its addiction to short prison sentences. Of the 7,043 people committed to prison in 2022, 3,046 had received a sentence under 12 months.
For those receiving such a sentence for the first time, this is long enough to destroy their social and economic bonds (housing, employment or family), but not long enough for them to access any supportive services.
For those who have been to prison before, clearly it is not helping them to solve the problems in their lives that represent barriers to desistance from crime.
The State’s own commissioned report on reoffending demonstrates how to reduce offending: by providing employment opportunities and drug treatment, ensuring treatment by justice actors is procedurally fair, and using community justice instead of prison sentences. Indeed, government policy is for prison only to be used as a last resort and community sanctions to be expanded.
At the same time, resolving offences outside of court wherever possible is shown to reduce crime more effectively than prosecution.
This may be counterintuitive for some, but this is why lawmakers must engage seriously and consistently with research evidence.
The Probation Service also commissioned an evidence-based report on developing community service which calls for a desistance-informed approach, the development of restorative justice, and the use of social and economic policy levers. Yet, the Probation Service’s budget increased by just €2 million in 2023, a far cry from the €49.5 million now being allocated to prison expansion.
Laws must change to provide greater incentives for judges to sentence in an evidence-based way.
Beyond community justice, if there is money for criminal justice, it is shameful not to invest this in our woefully underfunded victim support, restorative justice, social, youth and community work, addiction and poverty reduction sectors.
While tens of millions of euro are easily thrown into failed approaches of the past, some of our most important victim and community services can count their staff on one hand.
A Government that is serious about helping victims and communities would invest in the services that we know will meet their needs.
Penal policy is a social and political choice. Increases in imprisonment are not inevitable as is often implied.
Demographic changes do not make prisons a good substitute for the social work, housing and mental health services that they are so often used to replace.
Increasing prison capacity by over 15 per cent will be difficult to reverse in the future, consigning numbers to record high levels for decades to come.
As in any other public policy area, we should be phasing out, not expanding, our outdated, unsafe infrastructure.
We believe that every person must have the opportunity to achieve their potential to contribute to our society. Smart investment that learns from our successes and mistakes is the only way to move our country forward.
The time is now for an evidence-led approach to criminal justice.
– Yours, etc,
Dr IAN MARDER, Assistant Professor in Criminology, School of Law and Criminology, Maynooth University School; Senator LYNN RUANE, (Independent); IVANA BACIK TD, (Labour) AODHÁN Ó RÍORDÁIN TD, (Labour); GARY GANNON TD, (Social Democrats); Dr JOE GARRIHY, Assistant Professor in Criminology, Maynooth University; Prof TOBIAS WINRIGHT, Professor of Moral Theology, St Patrick’s Pontifical University, Maynooth; Dr THREASE FINNEGAN-KESSIE, Assistant Professor, Department of Design Innovation Maynooth University; Prof YVONNE DALY, Professor of Criminal Law and Evidence, School of Law and Government, Dublin City University; Prof CLAIRE HAMILTON, Professor of Criminology, Maynooth University; Dr DEIRDRE HEALY, Associate Professor, UCD Sutherland School of Law; Dr COLETTE BARRY, Assistant Professor in Criminology, UCD Sutherland School of Law; Dr BRIAN MELAUGH, Assistant Professor, Department of Applied Social Studies, Maynooth University; Dr AMINA ADANAN, Assistant Professor in Law, Maynooth University; Dr KEVIN WOZNIAK, Director of the Centre for Criminology, Maynooth University; Dr KEVIN WARNER,(Former National Coordinator of Education in Prison, Department of Justice); Dr MEGAN COGHLAN, Assistant Professor in Criminology, Maynooth University; Dr CIARA BRACKEN-ROCHE, Assistant Professor in Criminology, Maynooth University; Dr NIAMH MAGUIRE, Senior Lecturer in Law, South East Technological University School of Humanities; SAOIRSE BRADY, Executive Director, Irish Penal Reform Trust; Dr SEAMUS TAYLOR, Head of Applied Social Studies, Maynooth University, and Chair, Irish Penal Reform Trust; Dr JOHANNA O’SHEA, Assistant Professor in Social Work, Department of Applied Social Studies, Maynooth University; Prof MAGGIE O’NEILL, Professor of Sociology & Criminology, Director of the Institute for Social Science in the 21st Century and UCC Futures: Collective Social Futures; Dr FIONNUALA BRENNAN, Department of Law and Criminal Justice, South East Technological University; Dr KATHARINA SWIRAK, Lecturer, Department of Sociology and Criminology, University College Cork; Dr JAMES WINDLE, Senior Lecturer in Criminology, University College Cork; Dr RHIANNON BANDIERA, Assistant Professor in Criminology and Co-Director of the Research Centre in International Justice, Maynooth University; Dr FIONA DONSON, Senior Lecturer in Law and Co-Director, Traveller Equality and Justice Project, School of Law, University College Cork; Dr EVA DEVANEY, Substance Use and Gambling Support Officer; Dr SAMANTHA MORGAN-WILLIAMS, Director, Centre for Criminal Justice and Human Rights, School of Law, University College Cork; Dr LYNSEY BLACK, Assistant Professor in Criminology, Maynooth University; Prof URSULA KILKELLY, School of Law, University College Cork; JAMES LEONARD, Community Worker, Criminologist and Podcast Host; Dr MARY ROGAN, Associate Professor in Law, Trinity College Dublin; Prof DONNCHA O’CONNELL, School of Law, University of Galway; ORLAITH RICE, Law Lecturer, Dublin Business School; Prof AMANDA HAYNES, European Centre for the Study of Hate, University of Limerick; Prof JENNIFER SCHWEPPE, European Centre for the Study of Hate, University of Limerick; Dr JOHN MORRISON, Assistant Professor in Criminology, Maynooth University; Dr CATHERINE O’SULLIVAN, Senior Lecturer in Law, University College Cork; Dr GERALDINE CLEERE, Lecturer of Law and Criminology, South East Technological University, School of Humanities; Dr AOGÁN MULCAHY, Associate Professor of Sociology, UCD; Dr ORLA LYNCH, Senior Lecturer in Criminology University College Cork; Prof AISLINN O’DONNELL, Department of Education, Maynooth University; Dr FERGUS RYAN, Associate Professor and Head of the School of Law and Criminology, Maynooth University.
Respect for rights in the penal system with prison as a last resort.