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View/Open - CORA - University College Cork

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not slow to inform the “naïve” interviewer accordingly, thus giving the data a certain<br />

integrity.<br />

Focus of the Study<br />

The study proceeds to examine the role of the suspended sentence and the community<br />

service order in Irish sentencing practice. Essentially the study is an examination of the<br />

process of sentencing when these two sanctions are applied, with a viewto understanding<br />

whythe sanctions mayoperate as theydo. The studymakes no claim to an examination of<br />

efficacy of outcome when either sanction is applied. Although the study may highlight<br />

similar sanctions in other jurisdictions and how these may operate under different<br />

conditions, it is not intended that this would be considered a comparative analysis of<br />

similar sanctions across different jurisdictions. Instead, the inclusion of such references in<br />

other jurisdictions is deployed as a heuristic device to understand better the geneses and<br />

individualistic features of the two Irish sanctions and what role these may play in the<br />

overall function of sentencing. Although the community service order and the suspended<br />

sentence are presented as direct alternatives to a custodial sentence, the study proceeds on<br />

the hypothesis that some judges may use the sanction of community service order in a<br />

somewhat different manner as a punishment. Similarly, it is hypothesised that some judges<br />

may utilise the suspended sentence essentially as an instrument of deterrence without any<br />

real intention or likelihood that a custodial sentence would have emerged initially in the<br />

process.<br />

Some Considerations of Method<br />

The selection of methodologies for any study is to a large extent dictated by the enquiry<br />

itself. Moreover, the boundaries of the study and the selectivity of the issues further<br />

promote the emergence of particular methodological approaches. A mere counting of how<br />

many community service orders and suspended sentences which were imposed at each<br />

court level over a defined period of time maygive an initial snapshot of the use of the two<br />

sanctions and, as already noted, these data are not readily available, particularly in relation<br />

to the part suspended sentence and the suspended sentence at District Court level. These<br />

8

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