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.
By:
Ian O'Donnell (University College Dublin)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions:
Height: 224mm,
Width: 149mm,
Spine: 26mm
Weight: 546g
ISBN: 9780198798477
ISBN 10: 0198798474
Series: Clarendon Studies in Criminology
Pages: 330
Publication Date: 23 November 2017
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
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
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.
Reviews for Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland
... an exemplar of methodological rigour and literary verve ... O'Donnell's exhaustive research pierces the opaque operation of clemency. He delivers on his commitment to grasping the legal, political, and societal setting of clemency in order to understand it. The author has a special knack for zooming in and out when relating historical detail and the book is superbly written ... of great value to every researcher of clemency, no matter what their discipline or location * David Prendergast, Trinity College Dublin (The Howard Journal, October 2018) * In analysing the factors that led to the exercise of clemency and its aftermath, O'Donnell's extensive research sheds light on the exercise of State power in Ireland and the potent mix of politics, chivalry, morality and deference over time. * Nicola Carr, University of Nottingham (The Irish Times, January 2018) * ... a masterful study ... a fine overview of the law and practice of capital punishment over the past century ... a compelling, thoughtful and extremely well-researched contribution with the potential to influence debates elsewhere in the world. * William A. Schabas, (The Irish Jurist, Vol. 59, 2018) * A particularly valuable contribution to penal literature ... profound and important ... a beautifully written and excellently researched work. * Michael D Higgins, President of Ireland (2016) *
