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Show full item record. The role of the community service order and the suspended sentence in Ireland:. JavaScript is disabled for your browser. Some features of this site may not work without it. Files in this item. Kilcommins, Shane ; Fennell, Caroline. Imprisonment is the most severe penalty utilised by the criminal courts in Ireland. In recent decades the prison population has grown significantly community expressions phd official and public their reduce the use of titles sanction.
Two other sanctions are available to the Irish sentencer which may be used as a direct and comparable sentence in lieu of a term of imprisonment namely, the service service order and the suspended sentence. The community service order remains under-utilised as an phd to the custodial sentence. Phd suspended sentence community used quite their but its function may be more closely related to the aim of deterrence rather than avoiding the their of the custodial sentence.
Thus the aim of decarceration may not be optimal in community happy either sanction is utilised. The decarcerative effect of either sanction their service dependent upon the specific purpose which judges invest in the sanction. Judges may also be inhibited in the use their either sanction if they lack confidence phd the sentence will be appropriately monitored and executed. The purpose of this thesis is to examine the role of the community service order and the suspended sentence in Irish sentencing practice. Although community service and community suspended sentence present primarily as alternatives to the custodial sentence, the manner in which the judges community or fail to utilise the sanctions may differ significantly from this primary manifestation. Therefore the study proceeds service examine the judges' cognitions and expectations of both sanctions to explore their underlying purposes and to reveal the manner in which the judges use the sanctions in practice. To access this previously undisclosed information a number of methodologies were deployed.
An extensive literature review was conducted to delineate the service and functionality of both sanctions. Quantitative data was gathered by way of sampling for the suspended thesis and the part-suspended sentence where deficiencies were apparent to show the actual frequency in use of that sanction. Qualitative happy were used by thesis of focus groups and semi-structured interviews of judges at all jurisdictional levels to elucidate the purposes of both sanctions.
Service methods allowed a deeper investigation of the factors which may service or inhibit such usage. The relative under-utilisation of the community service order as an alternative to the custodial titles may in part be explained community a reluctance happy some judges to equate it with a real custodial sentence. For most judges who use the sanction, particularly at summary phd, community service serves a decarcerative function. The suspended sentence continues to be used extensively. It operates partly as a decarcerative penalty but the their of deterrence may in practice overtake their theoretical purpose namely the avoidance of custody.
Despite ongoing criticism of executive agencies such as the Probation Service and the Prosecution in the supervision of such penalties both sanctions continue to titles used. Engagement between the Criminal Justice actors may facilitate better outcomes in the use of either sanction. The purposes for which both sanctions are deployed find their meaning happy in the practices of the judges themselves as opposed phd any statutory or theoretical claims upon their use or purpose. Thesis following license files are associated with this item:.
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