Journal articles on the topic 'Irish criminal system'

This article examines the use of the Psychological Inventory of Criminal Thinking Styles (PICTS) with a sample of 72 Irish men on probation. It tests the hypothesis that probationers who reported no offending for at least a year (secondary desisters) would have lower PICTS scores—indicating a less active criminal belief system—than those who remained involved in crime and that probationers who did not report committing crime during the past month (primary desisters) would have lower scores than those who did. Significant differences ( p < .05) were observed on three of the eight scales and on Current Criminal Thinking for the secondary desisters and on six of the eight scales for the primary desisters. Compared with English and American prisoners, the Irish scored higher on all eight scales.

This article aims to bring closer knowledge on respecting and protecting rights and freedoms of the individual in Ireland. The author presents the evolution of the source of Irish criminal law and criminal justice system in that country. The influence of the Convention for Protection of Human Rights is also discussed. The text is based on relevant Irish statues and opinions of the country’s jurisprudence.

Release on parole dates back to the middle of the 19th century and has roots in the progressive and Irish systems for executing punishment regarding persons deprived of liberty. Namely, the third phase in the execution of the sanction of imprisonment in the progressive system is called - release on parole, while it was the fourth phase in the Irish system. The Irish system for executing imprisonment was accepted in a large number of countries, including pre-war Yugoslavia. Modelled on this system, several prisons were created in Yugoslavia - in Zenica, Sremska Mitrovica, and Lepoglava. The purpose of release on parole is for the convicted person to behave properly while serving the imprisonment sentence, fulfil their work obligations, and not commit another criminal act for the duration of the sentence, all with the goal of re-socialization. Consequently, expanding the prohibition on the release on parole for certain criminal offences is contrary to the primary purpose of punishment as prescribed by art. 42, para. 1, point 1 of the Criminal Code; which is preventing the perpetrator from committing criminal acts and influencing them to not commit criminal acts in the future. Sentencing and executing sanctions must not be in retaliation for the acts committed, as it would be aligned with the theory of intimidation by punishment which has long since been abandoned; at present, the modern theory on the purpose of sanctions is widely represented, the theory of re-socialization, which has the individualization of the punishment of deprivation of liberty at the forefront, and that individualization is important to the re-education of the convicted person.

For over a quarter of century Ireland’s statutory special measures framework, as originally enacted by the Criminal Evidence Act 1992, remained largely unchanged, falling beyond the reformative gaze of successive Irish governments. This period of political inertia, however, came to an abrupt end in 2017 when Irish policymakers, motivated by developments at a European Union level, introduced two landmark legislative instruments which promised to reimagine the availability and diversity of Ireland’s store of statutory testimonial accommodations, namely the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017. By interrogating these newly-commenced instruments in light of the experience of crime victims with intellectual disabilities, this paper surveys the current procedural landscape governing the treatment of vulnerable crime victims in Ireland and is intended to go some way towards exposing the embedded evidential barriers which continue to prejudice efforts aimed at securing their best evidence in court.

This article focuses on the Irish criminal justice system’s response to female sex offending. As in other jurisdictions, very little attention has been paid to female sexual offending in Ireland. However, sexual offenses involving female offenders are occurring and are increasingly being detected and prosecuted. The article provides an overview of female sex offending in Ireland, offering a discussion of available prevalence statistics and an analysis of Irish cases where women have been convicted of sexual offenses. It is argued that, in light of the fact that women are clearly being convicted of sexual offenses in Ireland, it is timely to question whether current laws and policies on sexual offenses and offenders are equipped to deal with female offenders and what types of reforms are likely to be necessary to effectively respond to this category of sexual offending. The potential for reform is considered with reference to three key stages of the criminal justice process: (a) reporting and detection; (b) prosecution and punishment; and (c) treatment and rehabilitation.

The article describes how community restorative justice in Northern Ireland developed out of the civil conflict. It illustrates how its valuable work has been stifled by the reforms to the criminal justice system arising from the Northern Irish peace process. Habermas’s theory of the colonisation of the lifeworld by the system is used to explain how restorative justice tends to be marginalised or co-opted by the criminal justice system. The article concludes that any process of social reconstruction must focus as much on strengthening civil society as it does political reform and economic development.

This article has sought to examine the criminal justice system’s interactions with victims of crime. It is a relationship which has changed irrevocably over time. A significant discontinuity occurred in the nineteenth century when a new architecture of criminal and penal semiotics slowly emerged. An institutional way of knowing interpersonal conflict crystallised, one which reified system relations over personal experiences. It also emphasised new ideals and values such as proportionality, legalism, procedural rationality, equality and uniformity. New commitments, discourses and practices came to the fore in the criminal justice network. In modernity, the problem of criminal wrongdoing became a rationalised domain of action, a site which actively distrusted and excluded ‘non-objective’ truth claims. The state, the law, the accused and the public interest became the principal claims-makers within this institutional and normative arrangement, an arrangement which would dominate criminal and penal relations for the next 150 years. In the last 40 years, the victim has slowly re-emerged as a stakeholder in the criminal process.

AbstractUsing a unique source on offenders' place of birth, in combination with trial reports and newspapers, this article offers the first systematic analysis of how the Irish were treated by the English criminal justice system when they came as witnesses, prosecutors and accused. Although the Irish were massively over-represented amongst the accused, in the vast majority of Old Bailey cases – i.e. those involving property crime – they were no more likely to be convicted than other groups and overall the sentences they received were slightly less severe. However, doubts about their evidence and their reputation for violence meant that they were less successful as prosecutors and were more heavily punished when they were accused of violent offences. Thus the Irish were on the receiving end of both justice and prejudice and their treatment was intimately linked to contemporary English discourses about the Irish.

Based on Carol Smart's observation that rape law reform as lobbied for by the feminist movement during the 1970s and 1980s failed to achieve any meaningful change, this article seeks to examine the nature and implications of rape law reform in the Republic of Ireland from the 1980s to the present day. During the 1980s the conceptualization of rape changed from a proprietorial crime to a violation of individual bodily integrity due to feminist lobbying efforts and the emergence of a victim-centered approach in the criminal justice system. Though this changing conceptualisation has led to significant attitudinal change, particularly surrounding the issues of acquaintance and marital rape, procedural change has failed to secure higher conviction rates. In particular, this article demonstrates that the legal reforms achieved in the 1980s potentially resulted in a 2% decrease in rape conviction rates by 2007. When compared to England/Wales, conviction rates as distinctive from prosecution rates in Ireland remain chronically low. This indicates that any legal reforms must take account of the institutional bias ingrained the Irish criminal justice system against female rape complainants, which has continuing relevance for Irish legislation pertaining to sexual violence such as the Criminal Law (Sexual Offences) Act, 2017. Overall this article suggests that rape is an exceptional crime and needs to be reassessed as such.

Set against an environment of diverse reforms across the domestic criminal justice system, including new oversight arrangements, the current article considers how probation in Ireland has almost entirely escaped notice. A case for probation oversight is made on the basis of its caseload size but also a decade of unaccounted use of electronic monitoring (EM). Global EM use highlights questions about domestic probation standards, research and planning. Shortcomings within the legislative consultation process around the tool’s role, the lack of any evaluation of EM suppliers and increasing focus on data management to date also bolster a case for oversight of Irish probation. A principal issue within this set of challenges for probation is how EM might adjust traditional agency values. Overall, the contention is made that the assumed exceptionalism of Republic of Ireland’s criminal justice system, that which acts as a buffer to change, may no longer be valid.

There is a tradition in the sociological study of punishment that emphasises the relationship between conditions in the economy, in particular the level of unemployment, and the numbers sent to prison. This paper examines this relationship in the Irish context using data from the period 1951 to 1988. It finds that the relationship only holds in the period from the late 1970s onwards. It suggests that an examination of why this relationship exists needs to look at the ‘vocabulary of motives’ used by key decision-makers in the criminal justice system, and in particular by the judiciary.

Various alterations to the Irish legal system have been effected in a bid to counter organised crime, the most radical of which was the introduction of civil forfeiture in 1996. This article examines the forfeiture process carried out by the Criminal Assets Bureau and seeks to analyse it from a theoretical perspective. Civil forfeiture may be regarded as embodying a move away from due process towards crime control, given the avoidance of traditional protections in the criminal process by its location in the civil realm. Moreover, the process may be characterised as an ‘apersonal means of tackling crime’, in which emphasis is laid on the non-moral and regulatory aspects of the law. This article further contends that civil forfeiture represents an adaptation to reality in which the State reconfigures the legislative framework so as to facilitate more readily the suppression of organised crime.

The main part of the article is the study on the legal character of the South Irish Police cross-border cooperation. The analysis includes the verifi cation of the normative basics that facilitate security assurance in the cross-border region. The aim of this article is also to present the evolution of the practical aspect of police cooperation between Garda Síochána na hÉireann and the Northern Ireland Police Service. First, it shows the legal bases for such cooperation and then the existing experience of the police and criminal justice system. The author also points out procedural consequences of working together to prevent and combat crime.

This article explores the consequences that the conditions of incarceration have on the linguistic make-up of literary texts that result from or reflect on them. Due to the island’s colonial history, Ireland has a rich canon of confinement literature, but – largely as a result of this very same history – these literary works have often been studied through a binary cultural lens, reinforcing what Declan Kiberd has termed the ‘quarantine’ of Ireland’s literatures, with English kept on one side of the language fence, Irish on the other. Drawing on Ian O’Donnell and Eoin O’Sullivan’s concept of ‘coercive confinement’ in order to include carceral institutions outside the formal criminal justice system, this article examines four case studies in which Irish writers cross the borders of language quarantine when writing about coercive confinement, focusing on selected works by Máirtín Ó Cadhain, Brendan Behan, Seamus Heaney and Melatu Uche Okorie. Just as the conditions of confinement that gave rise to these works differ widely, so too do the literary strategies employed to represent or respond to these situations of incarceration. While Ireland’s literary languages have historically existed in quarantine, we hope to show that this linguistic confinement is often breached by Irish writers responding to actual instances of imprisonment. Keywords: coercive confinement; language; internment; prison; borstal; direct provision; heteroglossia; translation

Abstract This article investigates how the criminal courts and popular press depicted abortionists across key decades of political, economic, and cultural transformations in postindependence Ireland (1922–1950). It demonstrates how and why the legal system and the media highlighted those abortion-related crimes in which bad mothers, ambitious parvenus, and ethnic “others” subverted society, religion, motherhood, and, in Ireland’s case, national values. At stake in depictions of abortionists was not only morality and criminality but also Irishness itself. Courts and newspapers presented abortion defendants as “others” in terms of gender, sexuality, class, race, and religion. Doing so branded abortionists as dangerous outsiders in, and even traitors to, a fragile Irish nation still working to define itself.

Female activists across the United Kingdom had insisted from the late nineteenth century that the employment of women police who would deal with problems specific to women and children could help to address pressing social questions, or at least to offer women some protection within the entirely male criminal justice system. Their campaign for women police was connected to similar demands for the employment of female prison visitors and inspectors and, later, jurors and lawyers, and it was predicated on the idea that neither prisons nor courts afforded women fair and equal treatment under the law. Early victories included the appointment of police matrons and searchers, but the resistance of police authorities and most other civil servants to female officers remained solid into the early twentieth century, feminist campaigning notwithstanding. The outbreak of the First World War, however, provided an ideal context for renewed activism on the issue, not least because commentators across the British Isles predicted that the apparent inability of girls and young women to resist the lure of uniformed men would lead to outbreaks of war-induced sexual promiscuity and a decline in standards of public behaviour.

The Irish College of Psychiatrists recently reported that “the needs of people with learning disability and offending behaviour pose a huge challenge to service providers. The vulnerability of people with a learning disability who come into contact with the criminal justice system is well described and noted.” The College noted that “the population with learning disability who offend does not easily fit into existing services” and reported that “the majority of service providers strongly supported the urgent development of a forensic learning disability service.”The challenges presented by individuals with learning disability and offending behaviour are not specific to Ireland or to this period in history. The purpose of the present paper is to explore issues related to learning disability and offending behaviour in 19th- and early 20th-century Ireland.More specifically, this paper presents original, previously unpublished case material from the archival medical records of the Central Mental Hospital, Dublin in order to illustrate specific aspects of the institutional experience of individuals with learning disability who were charged with offending behaviour in nineteenth-century Ireland.The Central Mental Hospital, Dublin was established as the Central Criminal Lunatic Asylum in 1845 under the provisions of the Lunatics Asylums (Ireland) Act (1845). Individuals were to be committed to the Central Criminal Lunatic Asylum if they were declared ‘guilty but insane’ at time of trial or offence, or if they developed mental illness and became difficult to manage while in detention elsewhere. The Central Criminal Lunatic Asylum opened its doors to admissions in 1850 and by 1853 there were 69 male and 40 female inpatients.

AbstractObjective:General psychiatric bed numbers in Ireland have reduced markedly in recent decades. In other jurisdictions such reductions have been accompanied by increases in the prevalence rates of severe mental illness among prisoners. We examined variations in per capita provision of local psychiatric beds and community residential places in Ireland for associations with forensic psychiatric service utilisation.Method:All admissions via the courts and prisons to the national forensic psychiatry service during the years 1997-1999 were assigned to the appropriate health board. Forensic admission and bed utilisation rates were compared with measures of general psychiatric service provision.Results:There were 476 admissions via the criminal justice system during the study period (0.74% of all psychiatric admissions in Ireland). A disproportionate number came from the most urbanised area. There were fivefold differences in overall bed and hostel place allocation between Irish health boards. Combined general psychiatric beds were inversely correlated with forensic bed utilisation (Spearman r = -0.75, p = 0.013). These differences showed a strong inverse correlation with forensic service utilisation.Conclusions:General psychiatric services are relatively under-resourced in areas of greatest predicted need in Ireland. This is associated with increased use of forensic psychiatric services and may reflect accumulation of the mentally ill in Irish prisons.

This article seeks to open a novel venue for punishment and society scholarship: the penal logics of armed groups – non-state actors engaged in direct struggle with the state agencies that normally carry out criminal justice. Though many armed groups establish penal systems, applying to their members or the communities under their influence, this issue has thus far not received adequate attention in criminological literature. In exploring this phenomenon this article introduces the concept of ‘underground penality’: organized punishment which is unlawful under state law, occurs in the context of an armed campaign against the state, and is aimed at controlling behaviour deemed deviant by those groups. The potential of research on this topic is demonstrated by interpreting the punishment of informers by the Irish Republican Army (IRA) during the Northern Ireland conflict. Three key themes emerging from the research are identified and analysed: underground penality as ‘state prefiguration’ – interpreting rebel penal practices as part of an effort to convey a state-like image; underground penality as social control – analysing direct violence against suspected informers within a broader social control system; and underground penality as ‘legitimation work’ – the effects of legitimacy considerations in constraining and shaping punishment by armed groups.

This article argues in favour of ‘coercive confinement’ as a useful addition to the criminological lexicon. It suggests that to properly understand a country’s level of punitiveness requires consideration of a range of institutions that fall outside the remit of the formal criminal justice system. It also requires a generous longitudinal focus. Using Ireland as a case study, such an approach reveals that since the foundation of the state, the prison has gradually become ascendant. This might be read to imply a punitive turn. But when a broader view is taken to include involuntary detention in psychiatric hospitals, confinement in Magdalen homes and mother and baby homes, and detention in industrial and reformatory schools, the trajectory is strongly downward. This might be read to imply a national programme of decarceration. (In recent years, asylum seekers have been held in congregate settings that are experienced as prison-like and they must be factored into the analysis.) While some of these institutions may have been used with peculiar enthusiasm in Ireland, none are Irish inventions. It would be profitable to extend the idea of ‘coercive confinement’ to other nations with a view to adding some necessary nuance to our understanding of the reach and grip of the carceral state.

<p>In view of the limitation of traditional identification, it is easy to lose and copy keys, cards or ID cards, and it is easy to forget the password. Here, an embedded application system was designed based on the iris identification technology, the functions of gathering, inputing, and registering the iris information and identification can be realized. The system architecture was designed by using the embedded microprocessor of advanced RISC machines (ARM), which is used as the core. The iris sensor was used to gather the iris information, and the development of software was accomplished with the embedded OS Windows CE. The system can be used on the company entrance guard system, customs security of airport and criminal identification.</p>

Abstract: This paper gives an outline in security with the help of DIP(Digital Image Processing). Digital image processing technology is a heavily used technology in various fields like military, biometric, medical fields etc. Scientists try their best to upgrade this technology which helps in the future from any obstacles. In 1960 DIP was first invented at Bell Laboratory. In of case of Fingerprint, it is the evidence which plays the main role to solve criminal problems. Not only a fingerprint, face recognition and iris recognition also takes a main role to solve any criminal problems or it is also used for privacy purposes. Digital cameras take pictures with clarity and give a satisfied output to the users.

Biometric recognition has shown their utility in different aspect including reducing search space significantly which has led to improve recognition performance, reduced computation time and faster processing time, a person is identified automatically by processing the unique features that are posed by the individual. The existing biometric systems recognize and accept a person, else simply reject a person if not enrolled, but these systems do not give software attributes of a person which is needed to search impostor as it has been observed in many occasions and especially in Nigeria that identification of an individual’s age and gender does not go beyond physical factors which in most cases can be manipulated or spoofed to carry out nefarious activities. This project focuses on developing an iris-based age and gender detection system for certain individuals to identify a person in real time. Left and right irises of 190 subjects constituting 1,716 images were acquired and Five Hundred and Seventy (570) left Irises were normalized to a uniform size of 250 by 250 pixels. Three Hundred and Forty-Two (342) images were used for training while the remaining Two Hundred and Twenty-Eight (228) were used for testing. The acquired images were preprocessed by performing segmentation, filtering and normalization using Daugman’s Rubber Sheet Model. Deep learning pre-trained networks are adopted to extract features from iris images. Further, these features are trained and classified using the multi-class Support Vector Machines (SVM) model for performance evaluation of the system. The system was implemented in Matrix Laboratory 9.0 (R2016a). The performance of the system was evaluated using accuracy, precision, recall and False Positive Rate (FPR). The hypothesis stating ‘the iris has age, and gender-related information’ is proven correct from experimental results. The evaluation results showed that False Positive Rate, Recall, Precision and Accuracy of gender prediction were 2.19%, 92.31%, 96.55% and 95.62% respectively at 0.75 threshold while for age prediction, the best values were obtained at age group of 20-24 for FPR, Recall, Precision and Accuracy which were 5.61%, 94.37%, 96.18% and 94.38% respectively. The developed model gave good performance with high recognition accuracy, recall, precision and low FPR values. Therefore, the developed model can be used in all firms and industries where security and personal identification is desired for security purpose and in going through investigation of criminal records for detecting age and gender of individuals.

Abstract An autonomous vehicle (AV) is a vehicle that operates and performs tasks under its own power. Some features of autonomous vehicle are sensing the environment, collecting information and managing communication with other vehicles. Many autonomous vehicles in development use a combination of cameras, sensors, GPS, radar, LiDAR, and on-board computers. These technologies work together to map the vehicle’s position and its proximity to everything around it. Because of their reliance on these sorts of technologies, which are easily accessible to tampering, a autonomous vehicles are susceptible to cyber attacks if an attacker can discover a weakness in a certain type of vehicle or in a company’s electronic system. This lack of information security can lead to criminal and terrorist acts that eventually cost lives. This paper gives an overview of cyber attack scenarios relating to autonomous vehicles. The cyber security concept proposed here uses biometric data for message authentication and communication, and projects stored and new data based on iris recognition. Iris recognition system can provide other knowledge about drivers as well, such as how tired and sleepy they might be while driving, and they are designed to encrypt the vehicle-to-vehicle and vehicle-to-environment communication based on encryption security mechanisms.

In parallel with the development of various emerging fields such as computer vision and related technologies, e.g., iris identification and glaucoma detection, criminals are developing their methods. It is the foremost reason for the blindness of human beings that affects the eye’s optic nerve. Fundus photography is carried out to examine this eye disease. Medical experts evaluate fundus photographs, which is a time-consuming visual inspection. Most current systems for automated glaucoma detection in fundus images rely on segmentation-based features nuanced by the underlying segmentation methods. Convolutional neural networks (CNNs) are powerful tools for solving image classification tasks, as they can learn highly discriminative features from raw pixel intensities. However, their applicability to medical image analysis is limited by the nonavailability of large sets of annotated data required for training. In this work, we aim to accelerate this process using a computer-aided diagnosis of this severe disease with the help of transfer learning based on deep convolutional neural networks. We have suggested the Inception V-3 approach for image classification based on convolution neural networks. Our developed model has the potential to address this CNN model’s problem of classification accuracy, and with imaging data, our proposed method outperforms recent state-of-the-art approaches. The case study for digital forensics is an essential component of emerging technologies, and hence glaucoma detection plays a vital role in it.

As the drone becomes widespread in numerous crucial applications with many powerful functionalities (e.g., reconnaissance and mechanical trigger), there are increasing cases related to misused drones for unethical even criminal activities. Therefore, it is of paramount importance to identify these malicious drones and track their origins using digital forensics. Traditional drone identification techniques for forensics (e.g., RF communication, ID landmarks using a camera, etc.) require high compliance of drones. However, malicious drones will not cooperate or even spoof these identification techniques. Therefore, we present an exploration for a reliable and passive identification approach based on unique hardware traits in drones directly (e.g., analogous to the fingerprint and iris in humans) for forensics purposes. Specifically, we investigate and model the behavior of the parasitic electronic elements under RF interrogation, a particular passive parasitic response modulated by an electronic system on drones, which is distinctive and unlikely to counterfeit. Based on this theory, we design and implement DroneTrace, an end-to-end reliable and passive identification system toward digital drone forensics. DroneTrace comprises a cost-effective millimeter-wave (mmWave) probe, a software framework to extract and process parasitic responses, and a customized deep neural network (DNN)-based algorithm to analyze and identify drones. We evaluate the performance of DroneTrace with 36 commodity drones. Results show that DroneTrace can identify drones with the accuracy of over 99% and an equal error rate (EER) of 0.009, under a 0.1-second sensing time budget. Moreover, we test the reliability, robustness, and performance variation under a set of real-world circumstances, where DroneTrace maintains accuracy of over 98%. DroneTrace is resilient to various attacks and maintains functionality. At its best, DroneTrace has the capacity to identify individual drones at the scale of 104 with less than 5% error.

Irish and international legal reform resulting from the Convention on the Rights of Persons with Disabilities [CRPD] has primarily focussed on Article 12, the right to exercise legal capacity. Article 13, which declares the right to access justice and the right to access procedural accommodations for all with disabilities, is often neglected. Specifically, research has not sufficiently explored the accommodations needed by witnesses with communication difficulties to testify in the courtroom. This study brings this aspect of Article 13 into focus by exploring the views of Irish legal professionals and disability advocates regarding existing and potential further accommodations for witnesses with communication diffiuclties in Irish criminal proceedings. By comparing and contrasting contributions, a series of conflicting perspectives between the legal profession and disability community are revealed. As successful implementation of Article 13 requires collaboration between both groups, this study concludes that these conflicts will need to be acknowledged and addressed in order for reform of courtroom accommodations to succeed.

Women comprise a minority of the prison population, representing 10.6% of the prison population in Ireland in 2020. An issue of pressing concern is the over-representation of minority ethnic women among female prisoners. In Ireland, Irish Traveller women are 22 times more likely to be imprisoned than non-Traveller women. Their risk of imprisonment is greater than Traveller men who are over-represented among male prisoners. Traveller women in contact with the criminal justice system are likely to have experienced extreme deprivation, social exclusion, and current and historical/intergenerational discrimination. This article draws on evidence from published literature and a qualitative study undertaken by the authors to examine the vulnerabilities of Traveller women in prison in Ireland and the multiple and complex reasons for their over-representation in prison. To improve the situation of Traveller women in prison, the UN Bangkok Rules can be used to guide the development of relevant legislation, procedures, policy, and action plans. Traveller women in prison must not be overlooked in the implementation of the Public Sector Equality and Human Rights Duty, which places a legal obligation in Ireland on prison authorities to promote equality, prevent discrimination, and protect the human rights of all affected by their policies and plans.

PurposeThis paper aims to critically evaluate contemporary Irish police practice, with an emphasis on emergent procedural innovations, in light of the needs of suspects with intellectual disabilities.Design/methodology/approachA review of published prevalence data in respect of people with intellectual disabilities in the Irish criminal justice system, of the Irish legal and policy landscape and the results of a recent empirical inquiry are used in critical evaluation.FindingsIn line with extant international research, the article identifies three sites of concern with respect to the protocols that exist within An Garda Síochána for identifying and responding to intellectual disability, including: (1) barriers to communication; (2) a need to build awareness and skills for police and persons with intellectual disabilities; and (3) a need for institutional change to secure equal access to justice for people with intellectual disabilities. Progress is being made at a systems level towards a human rights approach in Irish policing.Originality/valueIn representing the first international analysis of its kind, the article locates the barriers confronting suspects with intellectual disabilities in Ireland within a discourse that is sensitive to ongoing research-led, procedural reforms within An Garda Síochána (Ireland's national police service). Owing to the universalised nature of these barriers across policing systems internationally, the format of these reforms from this will be of relevance to many other policing states, in particular the 162 other signatories to the United Nations Convention on the Rights of People with Disabilities.

The UK Government proposed in February 2020 that sentenced prisoner transfers with EU member states should continue after Brexit, but using a more ‘effective’ process than the existing CoE convention. The article analyses, with a particular focus on the Irish-UK CTA, the significance of continued UK human rights compliance for the achievement of this objective and the interrelationship of this issue with extradition/surrender (including the surrender of fugitive prisoners). It is concluded that Brexit has most probably raised the level of formal and institutional human rights compliance (including legal aid/assistance and the direct enforcement of prisoners’ rights in domestic courts) required from the UK for criminal justice cooperation with EU member states. Entering into such undertakings would not assist criminal impunity or the evasion of lawfully imposed penalties. Such undertakings, however, cannot help to resolve many problems inherent in prisoner transfer within the EU. The creation of a truly effective and rehabilitative transfer system would require (a) constructive UK Government participation in inter-governmental (including the UK devolved governments)/EU arrangements capable of incrementally resolving or effectively mitigating criminal justice cooperation problems and (b) acceptance at Westminster that this aspect of post-Brexit readjustment is likely to be intermittent and of long-duration.

Female intimate partner homicide (FIPH) is an increasingly complex and significant issue globally. It is rapidly becoming a politically heavy subject for the Irish government, and a continuing and concerning problem for the criminal justice system. Recent years have seen a substantial increase in the unlawful killings of women by their husbands, current and ex-partners. In a review of 117 cases of FIPHs over a 30-year period, 1991–2021, examining the age of both victims and perpetrators, causes of death, motives behind the killings and the outcome of the cases, it was possible to build up a picture of FIPHs in Ireland with distinct patterns emerging regarding cause of death, age, and motives. Within this review 25 (21%) homicide-suicide cases were analysed. These were mostly in rural areas and the main cause of death was gunshot injuries; this unfortunately is reflecting a worrying trend within rural communities.

This article reproduces in abridged form a strategy for developing restorative justice in Ireland that emerged from a symposium held in March 2019 in Maynooth University and through subsequent consultations with participants and other interested parties. The purpose of the strategy is to help embed restorative justice and restorative practices within the Irish criminal justice system, building on existing practices and stimulating new work to fill gaps in policy and practice. The strategy initiative is part of a four-year project involving ten European jurisdictions, coordinated by Maynooth University, Restorative Justice Nederland and the European Forum for Restorative Justice. The key elements of the strategy and implementation steps are set our below; changes to the original document are limited to the omission of three appendices which provided information on the background to the project, a brief overview of the current state of play of the field in Ireland and the report of the March symposium. A full copy of the complete document can be accessed at http://www.probation.ie/EN/PB/WebPages/WP19000022

Although iris recognition system is considered as most robust, hard to counterfeit and the most secure system of biometric authentication. However the existing system fails to detect a forced authentication which might be misused by criminals to unlock the user's account. In this paper we examine the conditions in which a real user is forcibly presented in front of iris scanner on gun point to unlock the account. In this case a significant difference is noted in the area of iris visibility with respect to user's normal iris area visibility. An abnormal eye blink is also detected in forced condition. We successfully design and developed an algorithm to detect such conditions to protect the users from criminals when a user is forcibly presented to an iris scanner to unlock their account. A sample size of 65 volunteers are taken to record the iris authentication in both the conditions i.e. normal with consent of user and forced under without user’s consent. The average size of iris is recorded 10.1 mm while it expands on 13.2 mm (average) in fear when iris is being scanned forcibly by criminals. We conclude that a variation of 2 to 3 mm in iris exposure is a clear biomarker to indicate some presence of criminal traces and take proactive measures to prevent losses.

Although sentencing is often described as a human process, the subjective experiences of those subject to sentencing are seldom discussed or highlighted as an important source of guidance for how sentencing might be made more fair, consistent, or proportionate. Tyler’s work on the links between experiences of procedural justice and perceptions of legitimacy in the criminal justice system show that how people are treated during sentencing and/or when serving their sentence matters in that it impacts their long-term compliance with the law. However, we suggest here that it may not only be long-term compliance that is impacted; subjective experiences of imprisonment, in terms of the pains of imprisonment, may also be exacerbated for those whose experiences of the sentencing process are predominantly negative. This article draws on 37 in-depth interviews with Irish prisoners that explored their subjective experiences of their own sentencing in court and how this related to their subjective experiences of their prison sentences. Those who felt they had received unreasonably harsh or unfair sentences, or who felt they were effectively excluded from the sentencing process, were more likely to experience specific pains and increased salience of punishment. The article concludes by arguing that these findings have a role to play in educating sentencers about how their treatment of convicted persons during sentencing can have meaningful, long-term consequences on the subjective experiences of those serving prison sentences.

Much of the cooperation on criminal justice matters between the United Kingdom and the Republic of Ireland is based on EU level instruments. While there has been consideration of the broader impact of Brexit on the Good Friday Agreement and consensus on the need to avoid a return to a hard border between Ireland and Northern Ireland, more detailed consideration has not been given to the effect that Brexit may have on continued criminal justice cooperation across the border. This article highlights the combined risks that Brexit presents for Northern Ireland in the form of increased criminality at a time when the loss of EU police cooperation mechanisms may result in a reduction of operational capacity and the removal of the legal architecture underpinning informal cooperation. Part 1 seeks to highlight the historical context of UK-Irish cooperation in policing matters. Part 2 explores the risk that post Brexit the Irish border may become a focus for criminal activity. The risks relating to increased immigration crime, smuggling of commodities and potential rise in terrorist activities are explored. Part 3 considers how the risks of increased criminal threats are exacerbated by the loss of EU criminal justice cooperation mechanisms and how this will affect UK-Irish cooperation specifically. Consideration is particularly given to the loss of information sharing systems. Part 4 considers how loss of EU level cooperation mechanisms could be mitigated. The viability of bilateral agreements between the UK and Ireland is considered alongside ways which police cooperation can be formalised to compensate for the potential loss of EU criminal justice information sharing systems. Nordic police cooperation is considered as a potential blueprint for the UK and Ireland.

There was big interest in the use of biometrical identification techniques, such as iris, face, fingerprints, ears, and significant technological developments and to enhance safety issues. The application varies depending on the location, based on the resources. They are used in safety at airports, border safety, criminal investigation, and so on. This study focuses on iris-based biometric technology. Biometric technology based on the iris diaphragm is the most reliable and acceptable among other biometric technologies. In this study, we developed the IRIS graphic user interface and attempted to use the streamlined segmentation technique to create a simpler and efficient way to detect iris. The ' Matlab ' software tool is being used to fix the recognized issues when implementing the produced code using suitable new algorithms. The proposed system is not just used to eliminates noises but also enables the border between the iris and the pupil to be correctly established. Results are saved in a computer with the corresponding model steps are performed using neural networks and synthesis algorithms. Pattern compatibility uses the appropriate metric to compare custom patterns with database patterns. The match option shows the measure of similarity between two diaphragm patterns. Finally, it is a strong level of trust that determines whether the user is authenticated or defined. As a binary template referred to as iris code the output of the Gabor wavelet (real and imaginary) is quantized as a stage. The FAR and FRR resulting from that are 0.001% and 37,880%.

In this project safe city demonstrates how the security in India can be increased with the help of video surveillance using facial recognition. In the Aadhar Card database, the Indian Government has stored fingerprint and Iris details of every civilian in India. But the Indian Government is only using the Fingerprint details in the voting system to avoid fake votes. With the help of this project any person roaming in the city limit can be easily monitored. This will be a very useful technology for the Police Department of India to track the criminals and to reduce crime rate. Whenever a person or criminal is needed to be traced , the photo of the target is uploaded into the software. The uploaded photo will be cross-checked by the software with the videos captured from the surveillance cameras. It will then identify the person based on the percentage of accuracy to be matched. In the past 5 years Indian Government have made many cities into smart cities. But now it’s time to build safe cities for India.

Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. Wise, Jenny, and Lesley McLean. “Pack of Thieves: The Visual Representation of Prisoners and Convicts in Dark Tourist Sites.” The Palgrave Handbook of Incarceration in Popular Culture. Eds. Marcus K. Harmes, Meredith A. Harmes, and Barbara Harmes. Switzerland: Palgrave Macmillan, 2020. 555-73.

Every person in the world has unique biometrics characteristics such as iris, face, voice, palm or finger-vein patterns, and fingerprints. Biometrics, such as fingerprints are even more distinctive than DNA. Although identical twins can share DNA, they cannot have identical fingerprints. The fingerprint impressions are created by using ridges and valleys which are present on the surface of fingers. Fingerprints help to afford an infallible means of personal identification because the ridge arrangement on each person's finger is unique and does not change with growth or age. Some studies in machine learning and data mining investigate a relationship between fingerprint and gender. Hereby using ridges present on the finger it can be identified that fingerprint is of male or female, as males have larger body size than females, the equal number of ridges on a larger surface area means males have a lower fingerprint ridge density; finding out the gender from fingerprints can reduce the search space to half. The criminal justice system uses fingerprints to authenticate a convicted offender's identification and track their previous arrests and convictions, criminal tendencies, known associates, and other important information in the absence of DNA.

BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth, Western Australia, over claims that she concealed the birth of her stillborn child after giving birth in the remote north west town of Halls Creek during May of the same year. Both women denied the existence of their children, both appear to have given birth to their “illegitimate” babies alone, and both women claimed that they did not know that they had ever been pregnant at all. In addition, both women hid the body of their dead child for several days while the people they lived with or were close to, did not appear to notice that the mother of the child had had a baby. In neither case did any person associated with either woman seek to look for the missing child after it had been born.Despite occurring 182 years apart, the striking similarities between these cases could lead to the assumption that it is almost as if there were a written script of behaviour that would explain the actions of both young women. Close examination of the laws surrounding child murder, infanticide and concealment of birth reveals evidence of similar behaviours being enacted by women as far back as the 1600s (and earlier), and all are shaped in response to the legal frameworks that prosecuted women who gave birth outside of marriage.This article traces the history of child murder law from its formation in England in the 1600s and explores how early moral assumptions concerning unmarried mothers echoed through the lived experiences of women who killed their illegitimate babies in colonial Western Australia, and continue to resonate in the treatment of, and legal response to, women accused of similar crimes in the present day. The Unlicensed ChildThe unlicensed child is a term coined by Swain and Howe to more accurately define the social matrix faced by single women and their children in Australia. The term seeks to emphasise the repressive and controlling religious, legal and social pressures that acted on Australian women who had children outside marriage until the mid-1970s (xxi, 1, 92, 94). For the purposes of this article, I extend Swain and Howe’s term the unlicensed child to coin the term the unlicensed mother. Following on from Swain and Howe’s definition, if the children of unmarried mothers did not have a license to be born, it is essential to acknowledge that their mothers did not have a license to give birth. Women who had children without social and legal sanction gave birth within a society that did not allocate them “permission” to be mothers, something that the corporeality of pregnancy made it impossible for them not to be. Their own bodies—and the bodies of the babies growing inside them—betrayed them. Unlicensed mothers were punished socially, religiously, legally and financially, and their children were considered sinful and inferior to children who had married parents simply because they had been born (Scheper-Hughes 410). This unspoken lack of authorisation to experience the unavoidably innate physicality of pregnancy, birth and motherhood, in turn implies that, until recently unmarried mothers did not have license to be mothers. Two MothersAll that remains of the “case” of Mary Summerland is a file archived at the State Records Office of Western Australia under the title CONS 3472, Item 10: Rex V Mary Summerland. Yet revealed within those sparse documents is a story echoed by the events surrounding Caroline Quinn nearly two hundred years later. In September 1832, Mary Summerland was an unmarried domestic servant living and working in Fremantle when the body of a baby was found lying on a beach very close to the settlement. Western Australia had only been colonized by the British in 1829. The discovery of the body of an infant in such a tiny village (colonial Fremantle had a population of only 436 women and girls out of 1341 non-Aboriginal emigrants) (Gardiner) set in motion an inquest that resulted in Mary Summerland being investigated over the suspicious death of the child.The records suggest that Mary may have given birth, apparently alone, over a week prior to the corpse of the baby being discovered, yet no one in Fremantle, including her employer and her family, appeared to have noticed that Mary might have been pregnant, or that she had given birth to a child. When Mary Summerland was eventually accused of giving birth to the baby, she strongly denied that she had ever been pregnant, and denied being the mother of the child. It is not known how her infant ended up being disposed of in the ocean. It is also not known if Mary was eventually charged with concealment or child murder, but in either scenario, the case against her was dismissed as “no true bill” when she faced her trial. The details publically available on the case of Caroline Quinn are also sparse. Even the sex of her child has not been revealed in any of the media coverage of the event. Yet examination of the limited details available on her charge of “concealment of birth” reveal similarities between her behaviours and those of Mary Summerland.In May 2014 Caroline Quinn had been “travelling with friends in the Kimberly region of Western Australia” (Lee), and, just as Mary did, Caroline claims she “did not realise that she was pregnant” when she went into labour (Independent.ie). She appears, like Mary Summerland, to have given birth alone, and also like Mary, when her child died due to unexplained circumstances she hid the corpse for several days. Also echoing Mary’s story, no person in the sparsely populated Hall’s Creek community (the town has a populace of 1,211) or any friends in Caroline’s circle of acquaintances appears to have noticed her pregnancy, nor did they realise that she had given birth to a baby until the body of the child was discovered hidden in a hotel room several days after her or his birth. The media records are unclear as to whether Caroline revealed her condition to her friends or whether they “discovered” the body without her assistance. The case was not brought to the attention of authorities until Caroline’s friends took her to receive medical attention at the local hospital and staff there notified the police.Media coverage of the death of Caroline Quinn’s baby suggests her child was stillborn or died soon after birth. As of 13 August 2014 Caroline was granted leave by the Chief Magistrate to return home to Ireland while she awaited her trial, as “without trivialising the matter, nothing more serious was alleged than the concealing of the birth” (Collins, "Irish Woman"). Caroline Quinn was not required to return to Australia to appear at her trial and when the case was presented at the Perth Magistrates Court on Thursday 2 October, all charges against her were dropped as the prosecutor felt “it was not in the public interest” to proceed with legal action (Collins, "Case").Statutory MarginalisationTo understand the similarities between the behaviours of, and legal and medical response to, Mary Summerland and Caroline Quinn, it is important to situate the deaths of their children within the wider context of child murder, concealment of birth and “bastardy” law. Tracing the development of these methods of law-making clarifies the parallels between much of the child murder, infanticide and concealment of birth narrative that has occurred in Western Australia since non-Aboriginal settlement.Despite the isolated nature of Western Australia, the nearly 400 years since the law was formed in England, and the extremely remote rural locations where both these women lived and worked, their stories are remarkably alike. It is almost as if there were a written script and each member of the cast knew what role to play: both Mary and Caroline knew to hide their pregnancies, to deny the overwhelmingly traumatic experience of giving birth alone, and to conceal the corpses of their babies. The fathers of their children appear to have cut off any connection to the women or their child. The family, friends, or employers of the parents of the dead babies knew to pretend that they did not know that the mother was pregnant or who the father was. The police and medical officers knew to charge these women and to collect evidence that could be used to simultaneously meet the needs of the both prosecution and the defence when the cases were brought to trial.In reference to Mary Summerland’s case, in colonial Western Australia when a woman gave birth to an infant who died under suspicious circumstances, she could be prosecuted with two charges: “child murder” and/or “concealment of birth”. It is suggestive that Mary may have been charged with both. The laws regarding these two offences were focused almost exclusively on the deaths of unlicensed children and were so deeply interconnected they are difficult to untangle. For Probyn, shame pierces the centre of who we think we are, “what makes it remarkable is that it reveals with precision our values, hopes and aspirations, beyond the generalities of good manners and cultured norms” (x). Dipping into the streams of legal and medical discourse that flow back to the seventeenth century highlights the pervasiveness of discourses marginalising single women and their children. This situates Mary Summerland and Caroline Quinn within a ‘burden on society’ narrative of guilt, blame and shame that has been in circulation for over 500 years, and continues to resonate in the present (Coull).An Act to Prevent the Destroying and Murthering of Bastard ChildrenIn England prior to the 17th century, penalties for extramarital sex, the birth and/or maintenance of unlicensed children or for committing child murder were expressed through church courts (Damme 2-6; Rapaport 548; Butler 61; Hoffer and Hull 3-4). Discussion of how the punishment of child murder left the religious sphere and came to be regulated by secular laws that were focused exclusively on the unlicensed mother points to two main arguments: firstly, the patriarchal response to unlicensed (particularly female) sexuality; and secondly, a moral panic regarding a perceived rise in unlicensed pregnancies in women of the lower classes, and the resulting financial burden placed on local parishes to support unwanted, unlicensed children (Rapaport 532, 48-52; McMahon XVII, 126-29; Osborne 49; Meyer 3-8 of 14). In many respects, as Meyer suggests, “the legal system subtly encouraged neonaticide through its nearly universally negative treatment of bastard children” (240).The first of these “personal control laws” (Hoffer and Hull 13) was the Old Poor Law created by Henry VIII in 1533, and put in place to regulate all members of English society who needed to rely on the financial assistance of the parish to survive. Prior to 1533, “by custom the children of the rich depended on their relations, while the ‘fatherless poor’ relied on the charity of the monastic institutions and the municipalities” (Teichman 60-61). Its implementation marks the historical point where the state began to take responsibility for maintenance of the poor away from the church by holding communities responsible for “the problem of destitution” (Teichman 60-61; Meyer 243).The establishment of the poor law system of relief created a hierarchy of poverty in which some poor people, such as those suffering from sickness or those who were old, were seen as worthy of receiving support, while others, who were destitute as a result of “debauchery” or other self-inflicted means were seen as undeserving and sent to a house of correction or common gaol. Underprivileged, unlicensed mothers and their children were seen to be part of the category of recipients unfit for help (Jackson 31). Burdens on SocietyIt was in response to the narrative of poor unlicensed women and their children being undeserving fiscal burdens on law abiding, financially stretched community members that in 1576 a law targeted specifically at holding genetic parents responsible for the financial maintenance of unlicensed children entered the secular courts for the first time. Called the Elizabethan Poor Law it was enacted in response to the concerns of local parishes who felt that, due to the expenses exacted by the poor laws, they were being burdened with the care of a greatly increased number of unlicensed children (Jackson 30; Meyer 5-6; Teichman 61). While the 1576 legislation prosecuted both parents of unlicensed children, McMahon interprets the law as being created in response to a blend of moral and economic forces, undergirded by a deep, collective fear of illegitimacy (McMahon 128). By the 1570s “unwed mothers were routinely whipped and sent to prison” (Meyer 242) and “guardians of the poor” could force unlicensed mothers to wear a “badge” (Teichman 63). Yet surprisingly, while parishes felt that numbers of unlicensed children were increasing, no concomitant rise was actually recorded (McMahon 128).The most damning evidence of the failure of this law, was the surging incidence of infanticide following its implementation (Rapaport 548-49; Hoffer and Hull 11-13). After 1576 the number of women prosecuted for infanticide increased by 225 percent. Convictions resulting in unlicensed mothers being executed also rose (Meyer 246; Hoffer and Hull 8, 18).Infanticide IncreasesBy 1624 the level of infanticide in local communities was deemed to be so great An Act to Prevent the Destroying and Murthering of Bastard Children was created. The Act made child murder a “sex-specific crime”, focused exclusively on the unlicensed mother, who if found guilty of the offence was punished by death. Probyn suggests that “shame is intimately social” (77) and indeed, the wording of An Act to Prevent highlights the remarkably similar behaviours enacted by single women desperate to avoid the shame and criminal implication linked to the social position of unlicensed mother: Whereas many lewd Women that have been delivered of Bastard Children, to avoyd their shame and to escape punishment [my italics], doe secretlie bury, or conceale the Death of their Children, and after if the child be found dead the said Women doe alleadge that the said Children were borne dead;…For the preventing therefore of this great Mischiefe…if any Woman…be delivered of any issue of the Body, Male or Female, which being born alive, should by the Lawes of this Realm be a bastard, and that she endeavour privatlie either by drowning or secret burying thereof, or any other way, either by herselfe of the procuring of others, soe to conceale the Death thereof, as that it may not come to light, whether it be borne alive or not, but be concealed, in every such Case the Mother so offending shall suffer Death… (Davies 214; O'Donovan 259; Law Reform Commission of Western Australia 104; Osborne 49; Rose 1-2; Rapaport 548). An Act to Prevent also “contained an extraordinary provision which was a reversion of the ordinary common law presumption of dead birth” (Davies 214), removing the burden of proof from the prosecution and placing it on the defence (Francus 133; McMahon 128; Meyer 2 of 14). The implication being that if the dead body of a newborn, unlicensed baby was found hidden, it was automatically assumed that the child had been murdered by their mother (Law Reform Commission of Western Australia 104; Osborne 49; Rapaport 549-50; Francus 133). This made the Act unusual in that “the offence involved was the concealment of death rather than the death itself” (O'Donovan 259). The only way an unlicensed mother charged with child murder was able to avoid capital punishment was to produce at least one witness to give evidence that the child was “borne dead” (Law Reform Commission of Western Australia 104; Meyer 238; McMahon 126-27).Remarkable SimilaritiesClearly, the objective of An Act to Prevent was not simply to preserve infant life. It is suggestive that it was enacted in response to women wishing to avoid the legal, social, corporal and religious punishment highlighted by the implementation of the poor law legislation enacted throughout earlier centuries. It is also suggestive that these pressures were so powerful that threat of death if found guilty of killing their neonate baby was not enough to deter women from concealing their unlicensed pregnancies and committing child murder. Strikingly analogous to the behaviours of Mary Summerland in 19th century colonial Western Australia, and Caroline Quinn in 2014, the self-preservation implicit in the “strategies of secrecy” (Gowing 87) surrounding unlicensed birth and child murder often left the mother of a dead baby as the only witness to her baby’s death (McMahon xvii 49-50).An Act to Prevent set in motion the legislation that was eventually used to prosecute Mary Summerland in colonial Western Australia (Jackson 7, Davies, 213) and remnants of it still linger in the present where they have been incorporated into the ‘concealment of birth law’ that prosecuted Caroline Quinn (Legal Online TLA [10.1.182]).Changing the ‘Script’Shame runs like a viral code through the centuries to resonate within the legal response to women who committed infanticide in colonial Western Australia. It continues on through the behaviours of, and legal responses to, the story of Caroline Quinn and her child. As Probyn observes, “shame reminds us about the promises we keep to ourselves” in turn revealing our desire for belonging and elements of our deepest fears (p. x). While Caroline may live in a society that no longer outwardly condemns women who give birth outside of marriage, it is fascinating that the suite of behaviours manifested in response to her pregnancy and the birth of her child—by herself, her friends, and the wider community—can be linked to the narratives surrounding the formation of “child murder” and “concealment” law nearly 400 years earlier. Caroline’s narrative also encompasses similar behaviours enacted by Mary Summerland in 1832, in particular that Caroline knew to say that her child was “born dead” and that she had merely concealed her or his body—nothing more. This behaviour appears to have secured the release of both women as although both Mary and Caroline faced criminal investigation, neither was convicted of any crime. Yet, neither of these women or their small communities were alone in their responses. My research has uncovered 55 cases linked to child murder in Western Australia and the people involved in all of these incidences share unusually similar behaviours (Gardiner). Perhaps, it is only through the wider community becoming aware of the resonance of child murder law echoing through the centuries, that certain women who are pregnant with unwanted children will be able to write a different script for themselves, and their “unlicensed” children. ReferencesButler, Sara, M. "A Case of Indifference? Child Murder in Later Medieval England." Journal of Women's History 19.4 (2007): 59-82. Collins, Padraig. "Case against Irish Woman for Concealing Birth Dropped." The Irish Times 2 Oct. 2014. ---. "Irish Woman Held for Hiding Birth in Australia Allowed Return Home." The Irish Times 13 Aug. 2014. 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