Punishing cuts to key preventative services will exacerbate unfairness of criminal justice system, warns IPRT
A very valuable report called The Vicious Circle of Social Exclusion and Crime: Ireland’s Disproportionate Punishment of the Poor was launched today by the Irish Penal Reform Trust with Community Platform. The details of the report are outlined below, but there was a couple of examples of the uneven nature of the Irish justice system that struck me, particularly in light of the frustration expressed by many people at the painfully slow investigation of Anglo Irish Bank. Here’s one on the perception that “white collar” crime is victimless:
It is fundamentally incorrect to perceive white collar crime as victimless. White collar crime is a preserve of wealthy and powerful groups in society, and in this regard the uneven nature of the criminal law is most clearly illustrated; although white collar crimes can have a massively detrimental impact on society they are not treated as seriously, nor are those who commit such crimes punished as severely as the crimes of less wealthy and less powerful groups in society. The criminal law should treat all transgressors in an equitable manner, whether they are white collar or street criminals. If the gains from certain types of crime - for example insider trading - are disproportionately greater than the penalty likely to be paid, the rule of law breaks down. The opposite is also true; many low level street criminals are committed to prison instead of being given community service whereby the harm of imprisonment is grossly disproportionate to any pro?t or bene?t they might have made or from any bene?t the sentence might serve. The categorisation of ‘white collar crime’ is problematic in many respects. It is not merely the economic (as opposed to violent) nature of the crime that distinguishes white collar wrongdoing from street offences. It may also relate to the type of perpetrator. White collar criminals tend to be more educated, privileged and therefore empowered than street criminals.
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Ireland’s system of punishment impacts disproportionately on socially excluded communities, and cuts to key preventative services in the community will exacerbate crime rates. Instead, Government must ring-fence resources for policy interventions that address social marginalisation, and thereby reduce crime. This is the core message of a new report by the Irish Penal Reform Trust (IPRT), The Vicious Circle of Social Exclusion and Crime: Ireland’s Disproportionate Punishment of the Poor, which was launched this afternoon (Thursday 2ndFebruary, 2012) at a seminar co-hosted by the Community Platform and IPRT.
The report highlights the causative links between social exclusion, deprivation and crime. It details criminal justice policies, such as imprisonment for non-payment of fines and the criminalisation of begging, which directly target the poor; it also presents clear evidence that marginalised communities are more heavily policed and more severely punished than more affluent communities, compounding the social exclusion that underlies much crime. The report concludes with fifteen clear recommendations to Government on policy and legislative action to address these issues, and thereby create a fairer - and safer - society for everyone.
Speaking today, IPRT Executive Director Liam Herrick said:
“Austerity measures which see cuts to health, education and other key services impact disproportionately on marginalized communities. In effect, these communities are being penalized for mistakes made by other sections of society, and increasing levels of social exclusion will have a negative impact on crime. We are punishing disadvantage and making the situation worse, instead of addressing social marginalization in order to reduce crime, and create a safer society for everyone.
“We need adequately resourced prevention and early intervention strategies to prevent vulnerable young people coming into contact with the criminal justice system in the first place, and, at the other end, we need well-resourced reintegration services to support former offenders’ transition back into the community and prevent further offending. This is not rocket science, it is common sense.
“The fact that Ireland is the only EU state without spent convictions legislation is just one example of how we reinforce the marginalisation that results from imprisonment. That we continue to imprison thousands of people every year for not paying fines, while those involved in ‘white collar’ crime remain largely unpunished, further underscores Ireland’s disproportionate punishment of some sections of society.”
On the publication of this report, the Irish Penal Reform Trust is calling on the Government to arrest the vicious cycle of social exclusion and crime by:
- Bringing to an immediate end to imprisonment for non-payment of fines through full implementation of the Fines Act 2010.
- Adequately resourcing a comprehensive support system for those leaving prison to help reintegrate ex-prisoners back in to society, not only for their benefit but also for the community in which they live.
- Safeguard future investment in identified areas of spending (education, health, housing) in order to reduce social exclusion, deprivation, crime and imprisonment.
The Vicious Circle of Social Exclusion and Crime: Ireland’s Disproportionate Punishment of the Poor key findings are:
- Uneven application of the criminal law in Ireland evident from the examination of uneven imprisonment, policing and the responses to white collar crime; uneven policing leads to higher levels of crime detection in disadvantaged areas, while studies show that a person’s economic background may have a significant impact on whether they will receive a prison sentence.
- Analysis of patterns of crime nationally and internationally reveals a number of key “risk factors” which are directly linked to increased levels offending, including substance misuse, mental health issues and homelessness. There is a clear and strong link between meeting community needs in these areas and combatting crime; the corollary is that funding cuts in these areas will have a predictable impact on crime in the community.
- Investment in prevention and early intervention strategies is needed to combat social and educational disadvantage in order to prevent vulnerable young people embarking on criminality in the first place.
- For individuals already in contact with the criminal justice system, significant obstacles exist inhibiting them breaking the cycle, including barriers to the key social needs such as housing and employment that would allow them become productive members of society.
Speakers at the event were: John Lonergan - former Governor of Mountjoy Prison and Patron of IPRT; Kathleen Lynch - Professor of Equality Studies, School of Social Justice, University College Dublin; Liam Herrick - Executive Director, Irish Penal Reform Trust (IPRT); Tony Geoghegan - Chief Executive Officer, Merchants Quay Ireland (MQI); Orla O’Connor - Head of Policy, National Women’s Council of Ireland (NWCI); Brid O’Brien - Head of Policy and Media, Irish National Organisation of the Unemployed (INOU).
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