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How best to deal with Criminal gangs?

  • 10-11-2008 5:53pm
    #1
    Closed Accounts Posts: 8,048 ✭✭✭


    Obviously from a legal perspective, what is the best way to deal with the criminal gangs currently operating in Ireland?

    Do they represent a greater threat to stability of the State, and her Courts, than the IRA ever did? They are seemingly as ruthless, reckless and utterly beyond the law of Ireland.

    Is C.A.B an legal solution, or is C.A.B. a dangerous institution which does not show due respect to Constitutional property rights? Is Mr. Justice O'Donnell (sitting in Limerick) too keen to give suspended sentences and lenient punishments? Can the law even be an efficient solution to an area as nuanced as gangland crime, and it's causes?

    Should drugs be legalised to remove the gangs finances, or should much tougher sentences be imposed on drug users to remove the market for these drugs. It is middle-class drug users who fund these gangs to some degree.

    What rights does a suspected criminal have to silence, is it too much?

    Just some ideas for a discussion, anyone on for it?


Comments

  • Registered Users, Registered Users 2 Posts: 5,348 ✭✭✭twinytwo


    Obviously from a legal perspective, what is the best way to deal with the criminal gangs currently operating in Ireland?

    Do they represent a greater threat to stability of the State, and her Courts, than the IRA ever did? They are seemingly as ruthless, reckless and utterly beyond the law of Ireland.

    Is C.A.B an legal solution, or is C.A.B. a dangerous institution which does not show due respect to Constitutional property rights? Is Mr. Justice O'Donnell (sitting in Limerick) too keen to give suspended sentences and lenient punishments? Can the law even be an efficient solution to an area as nuanced as gangland crime, and it's causes?

    Should drugs be legalised to remove the gangs finances, or should much tougher sentences be imposed on drug users to remove the market for these drugs. It is middle-class drug users who fund these gangs to some degree.

    What rights does a suspected criminal have to silence, is it too much?

    Just some ideas for a discussion, anyone on for it?


    should do what the chinese do... put them against a wall... bang... send the bill for the bullet to the relatives


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    This is like one of my lecturers who gave us an essay on a very BIG topic and allowed us only very FEW words to treat it. The question and the debate around it could go on for hundreds of thousands of long-winded and well thought-out posts. However, I think that the fact that thinking it out well and writing up a long-winded post is pretty daunting might deter some people.

    In any event, I'll get the ball rolling with an ill thought-out and short post:

    My opinion is that possibly the best attack on gangland crime, if you assume it's all about drugs (and at this stage, there's probably more to it than that) is to target the demand for drugs. In that, you need social policies and state-funded (but effective) rehabilitation programmes for those who are chronic abusers of drugs.

    For recreational users, say class C drugs, I think there's a strong argument for state-controlled access to these. However, the danger in this country is that the Government would be tempted to over-tax users of recreational drugs making state-controlled drugs uncompetitive where there's still a black market source. You could argue that the Gardaí should strictly enforce the use of state-controlled drugs only and that harsh penalties be imposed on those who buy from drugs gangs. Unfortunately, it would be impossible to tell which drugs came from what source and the argument would be moot.

    I think that tackling the middle bracket of criminals involved in gangland crime is probably a good idea in theory: if you get those whipping boys off the streets, the leaders will have to do their own dirty work etc. However, knowing a little about the extent to which the criminal justice system is stretched to capacity (and beyond when it comes to prisons), I fail to see how this is going to work in practice.

    Really what the State needs is a social turnaround in respect of public attitudes to drugs. A combination of giving people a choice between buying their recreational drugs from a respectable retailer and informing the public on what they're funding when they buy from drugs gangs might be a useful approach. However, there are many more facets to this problem, since recreational users are really only funding a small percentage. The big money's in the highly addictive drugs, crack and heroine etc. and tackling users of those drugs is a completely different ball game.

    Just a few thoughts to kick things off.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Someone on the radio today suggested interment as a way of dealing with them. Would interment be constitutional?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Obviously from a legal perspective, what is the best way to deal with the criminal gangs currently operating in Ireland?

    CAB buffering-up, strict prosecution rules, evidence and prosecutions. Intelligent cops.
    Do they represent a greater threat to stability of the State, and her Courts, than the IRA ever did?

    Yeah.
    They are seemingly as ruthless, reckless and utterly beyond the law of Ireland.

    Yeah, possibly.
    Is C.A.B an legal solution, or is C.A.B. a dangerous institution which does not show due respect to Constitutional
    property rights?

    No, its correct. Its worth looking at the full act. Some modifications should be made both to strengthen powers and reduce some.
    Is Mr. Justice O'Donnell (sitting in Limerick) too keen to give suspended sentences and lenient punishments?

    Actually no. He is one of the better judges (own view).
    Can the law even be an efficient solution to an area as nuanced as gangland crime, and it's causes?

    Yes, with the correct amount of resource, both in crime fighting and indeed social support services.
    Should drugs be legalised to remove the gangs finances, or should much tougher sentences be imposed on drug users to remove the market for these drugs. It is middle-class drug users who fund these gangs to some degree.

    No.
    What rights does a suspected criminal have to silence, is it too much?

    The presumption of innocence is a precept of the Irish Criminal Justice system and indeed it is subject to abuse from time to time by the law enforcers.
    Just some ideas for a discussion, anyone on for it?

    Course always.


  • Closed Accounts Posts: 701 ✭✭✭BarryCreed


    intelligent and TOUGH police. It's time to take the gloves off....:mad:


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Obviously from a legal perspective, what is the best way to deal with the criminal gangs currently operating in Ireland?

    Cash, up front.
    Do they represent a greater threat to stability of the State, and her Courts, than the IRA ever did? They are seemingly as ruthless, reckless and utterly beyond the law of Ireland.

    No, and I disagree with your analysis.
    Is C.A.B an legal solution, or is C.A.B. a dangerous institution which does not show due respect to Constitutional property rights?

    Yes its legal, yes it's open to abuse/making mistakes, but it's a practical solution for practical men.

    Is Mr. Justice O'Donnell (sitting in Limerick) too keen to give suspended sentences and lenient punishments?

    Frank O'Donnell? He sits in Dublin (and sends more than his fair share to chokey). Carol Moran sits in Limerick and is not notably lenient as judges go.
    Can the law even be an efficient solution to an area as nuanced as gangland crime, and it's causes?

    Yes. What's the alternative - vigilante justice?
    Should drugs be legalised to remove the gangs finances,

    Open a different thread in Humanities and discuss it there, that's not a legal question.
    or should much tougher sentences be imposed on drug users to remove the market for these drugs. It is middle-class drug users who fund these gangs to some degree.

    No, tougher sentences are a knee jerk reaction - to punish the drug addicts (who will not be deterred anyway) and do nothing to stop the larger dealers is cutting off the body when we should be cutting off the head.
    What rights does a suspected criminal have to silence, is it too much?

    He has the right to silence in a general sort of way, but in certain (seldom applied) circumstances inferences can be drawn from their silence. You can never have too much silence.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    However, I think that the fact that thinking it out well and writing up a long-winded post is pretty daunting might deter some people.

    No one in this forum likes long winded posts.
    In any event, I'll get the ball rolling with an ill thought-out and short post:

    You underestimate yourself.
    My opinion is that possibly the best attack on gangland crime, if you assume it's all about drugs (and at this stage, there's probably more to it than that) is to target the demand for drugs. In that, you need social policies and state-funded (but effective) rehabilitation programmes for those who are chronic abusers of drugs.

    Agreed. Same goes for alcohol. Also, prevention is better than cure, and we would do well to have social events that don't require stimulants.
    However, the danger in this country is that the Government would be tempted to over-tax users of recreational drugs making state-controlled drugs uncompetitive where there's still a black market source.

    I don't think this would be the case - you wouldn't buy cheap black market booze would you? With drugs it's more pronounced - you wouldn't buy what could be rosemary on the street when you can get the good **** from your local shop.


  • Registered Users, Registered Users 2 Posts: 666 ✭✭✭pigeonbutler


    Allow the use of wiretapping evidence in court. (Presuming the taps were legally laid, probably some judicial oversight needed). In addition RICO style laws would go a long way too in order to ensure that the big fish at the top, giving orders but keeping their own hands clean, are brought to justice.

    Find some way to fast track the justice system so that anyone found in possession of an illegal firearm or possession of dealing quantities of drugs can have their case heard with very little delay (max 10-12 weeks ideally). In tandem with that there should be no bail for anyone in that bracket on the basis that a fast-track trial ensures they will not be held for an unreasonable length. In any event anyone caught with an illegal gun has next to no defence and should be looking at a stiff custodial sentence.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    BarryCreed wrote: »
    intelligent and TOUGH police. It's time to take the gloves off....:mad:


    Robocop?


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The other robot cop from the same film. :)


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  • Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing






    Frank O'Donnell? He sits in Dublin (and sends more than his fair share to chokey). Carol Moran sits in Limerick and is not notably lenient as judges good.

    Tom O'Donnell, guardian of the first port of call for the scumbags in Limerick. District Court Judge. The sitting in Limerick bit was a clue Johnny.


  • Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing




    No, tougher sentences are a knee jerk reaction - to punish the drug addicts (who will not be deterred anyway) and do nothing to stop the larger dealers is cutting off the body when we should be cutting off the head.

    You are assuming most cannabis, cocaine and other non-addictive drug users are addicts John, I doubt there's a lot of profit in heroin, given the limited demand, compared to the non-addictive cocaine.

    If you locked up every middle-class user found with cocaine for say, three years, do you think people would continue to use it? Is that too harsh, or too rigid, a sentence to set? Ultimately, how do you deal with the market of middle-class people who don't connect using cocaine to gangland crimes? That's the market you have to destroy imo, not the relatively small number of junkies.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Tom O'Donnell, guardian of the first port of call for the scumbags in Limerick. District Court Judge. The sitting in Limerick bit was a clue Johnny.

    Circuit Courts sit in Limerick too. The fact that you mentioned it in terms of criminal gangs suggests that you are talking about serious crime.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    You are assuming most cannabis, cocaine and other non-addictive drug users are addicts John, I doubt there's a lot of profit in heroin, given the limited demand, compared to the non-addictive cocaine.

    Cannabis and coke are addictive, there is massive profit in heroin, and the majority of people who come before the courts (especially repeat offenders) on drug related offences are either addicts or have serious drink/drugs problems.
    If you locked up every middle-class user found with cocaine for say, three years, do you think people would continue to use it? Is that too harsh, or too rigid, a sentence to set? Ultimately, how do you deal with the market of middle-class people who don't connect using cocaine to gangland crimes? That's the market you have to destroy imo, not the relatively small number of junkies.

    Yes, the sentence wouldn't deter them and in any event, people often aren't in a rational sober state of mind when they take coke but often do so after consuming drink/other drugs. In any case, if they don't think they will be caught then they won't think of the penalty.

    Why do you have to destroy the market? Why not target the suppliers? There is no reality to getting rid of drugs from our society; the best we can do is reduce it as much as possible.


  • Registered Users Posts: 721 ✭✭✭stakey


    I'm sure there exists a big juicy list of who's who that Gardai have and they just want enough evidence to put these guys down or catch them red handed.

    They've dropped the nice manners, so civil society should too, if you're even somewhat linked to the drug trade/gangs you get 60 years (or something similarly harsh).

    Tomorrow morning, bust down the doors of the guys at the top and incarcerate them for the rest of their miserable lives with no chance of parole.

    That'd send a strong message to the next in line.

    Failing that, Chinese method ftw!


  • Registered Users, Registered Users 2 Posts: 7,273 ✭✭✭CantGetNoSleep


    What about doing more to stop drugs coming into the country? The two massive seizures in the last year or so are highlighted as successes by the Gardai and government but for me they only show the sheer volume of drugs coming in by sea.

    Gangs must feel it is easy to get drugs in this way if they would risk a shipment this big.

    IIRC there is only one machine in the country to scan lorries etc at ports, and this moves around from port to port, making it very easy for criminals to find out where it is going to be at any one time.

    Looking at the profits they make on these drugs, I would smuggle them in myself if it wasn't for the fear that I would be shot by a gang, the Gardai / Customs / Navy wouldn't deter me at this present time - I'd be fairly confident of getting them into the country somewhere rural


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Suggest

    1. Right to silence to be abolished - everybody to be obliged to account for movements to a Garda.

    2. ID for everybody to be produced to Garda on request.

    3. Powers of CAB to be further strenghtened.

    4. Social Welfare and Revenue to be as assiduous in checking the crims as they are in checking normally compliant citiszens.

    5. Right to bail to be severely limited.


    I appreciate that there are constitutional and civil rights issues arising from these suggestions, but as the position is getting out of control especially in Limerick and parts of Dublin thisw is no time to be precious about these matters.


  • Registered Users Posts: 138 ✭✭younge


    nuac wrote: »
    Suggest

    1. Right to silence to be abolished - everybody to be obliged to account for movements to a Garda.

    2. ID for everybody to be produced to Garda on request.

    I appreciate that there are constitutional and civil rights issues arising from these suggestions, but as the position is getting out of control especially in Limerick and parts of Dublin thisw is no time to be precious about these matters.

    I know things are bad and I think they are good points minus point one and two. America is turning slowly but surely in to a police state. I would hate to see these 'terrorist acts' come into force here. Being able to detain people because you suspect them of something is wrong however I do agree we need tighter stricter controls on scum.


  • Registered Users, Registered Users 2 Posts: 666 ✭✭✭pigeonbutler


    1 and 2 are far too totalitarian. "He who is willing to sacrifice liberty for security deserves neither"

    Bail should be severely limited, but only for serious crimes (5 years+) and only in tandem with a major acceleration of the rate the judicial system works at. It's no great breach of liberty to be remanded for 2-3 months when charged with a crime that could land you in jail for 5 years. But to be remanded for a year or 18 months when that'll all you likely to get if found guilty is too harsh altogether.

    CAB has plenty of power. Probably needs more resources but I think its main problem now is that criminals have gotten smart about hiding their ill gotten gains. Most of the assets are held abroad now and Ireland can't unilaterally go seizing foreign assets.

    RICO style laws allowing the guards to build up evidence against criminal organizations and then go after they guys at the top are essential in beating organized crime. That and allowing wiretap evidence to be offered in court.

    It's ludicrous that text messages and e-mails discovered after the fact can be used in court but telephone conversations recorded under a legally obtained warrant cannot!


  • Registered Users, Registered Users 2 Posts: 12,175 ✭✭✭✭Sangre


    I'm of the opinion that prohibition doesn't work. I'd look to start legalising any of the 'safer' drugs, I'm a strong believer of in a man's right autonomy. Obviously tax it to a similar extent as tobacco and alcohol. Not only does this take huge funds out of the gangs, it puts the funds into the economy. Use the taxs to target deprived areas.

    Also security in prisons should be increased hugely so that once inside you can't keep the gang running.


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Bail should be severely limited, but only for serious crimes (5 years+) and only in tandem with a major acceleration of the rate the judicial system works at. It's no great breach of liberty to be remanded for 2-3 months when charged with a crime that could land you in jail for 5 years. But to be remanded for a year or 18 months when that'll all you likely to get if found guilty is too harsh altogether.

    Any breach of the right to liberty is a severe breach of liberty if it is not done in accordance with law. People get bail because they are presumed innocent and we cannot keep someone in jail because they are merely suspected of a crime. If that were the case, anyone who makes a false allegation of a serious offence, they would be guaranteed to have the person put in prison for a few months. How is that fair?


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    No, and I disagree with your analysis.

    Yes. What's the alternative - vigilante justice?

    You seem to have a naive view of the outside world on these matters :)

    I tell you what, i grew up in a deprived area, these gangs have membership of around 100 odd members across all ages in a particular area with a structure of command that would rival any paramilitary group.

    They are powerful with their own sourced weaponry that rival any paramilitary group which would put them in my eyes to be the No1 threat to democracy.

    Secondly, that huge membership of these gangs makes any prosecution depending on witnesses impossible due to large scale intimation of witnesses hence the resultant lack of prosecution in about 130 murders in the last 10years.
    Even the Garda commissioner agrees with this with his constant pleas from the community for assistance.
    Time for for the Special Criminal Court to deal with these numerous gangs like what they did with paramilitary groups as the present system is not working with at least 10years of evidence of that evident.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    1. Legalise soft drugs. Tax them.
    2. Expand the role of the special criminal court. Accept written statements as evidence where witnesses are afraid to give evidence.
    3. RICO laws to target the kingpins.
    4. Give the Gardaí longer to detain these guys, hold them for weeks if necessary without charge. 7 days is not enough.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    gurramok wrote: »
    You seem to have a naive view of the outside world on these matters :)

    Play the ball not the man. I could say it is you who has a naive view on this subject. But what annoys me is that you assume that I am naive and you have absolutely nothing to support this with. Go **** yourself gurramok, and your wannabe ghetto attitude.
    gurramok wrote: »
    I tell you what, i grew up in a deprived area, these gangs have membership of around 100 odd members across all ages in a particular area with a structure of command that would rival any paramilitary group.

    They are powerful with their own sourced weaponry that rival any paramilitary group which would put them in my eyes to be the No1 threat to democracy.

    Look at other countries such as the USA, Brazil etc where criminal gangs are exponentially more organised, armed and dangerous, but yet they are not a threat to democracy in those countries.

    I disagreed with Amazo's point of view for two reasons: 1) Paramilitary groups are a threat to democracy because they seek to overthrow the government by force. Criminal gangs do no such thing (if anything they thrive under democracy and would lose out a lot under a more totalitarian government) and 2) criminal gangs are not a greater threat to the courts because they do not seek to intimidate judges and jurors to anywhere near the extent that the provisional IRA did.

    But of course you don't want to hear this, you want to assume that you know more about crime than everybody else (even those who work in the area). Read the herald much?

    Secondly, that huge membership of these gangs makes any prosecution depending on witnesses impossible due to large scale intimation of witnesses hence the resultant lack of prosecution in about 130 murders in the last 10years.

    The fact that a significant portion of the McCarthy-Dundon gang has been convicted and sentenced in the last few years suggests that it's not impossible. You're also forgetting that a lot of the witnesses are actually part of the gangs, and very often accomplices.
    Even the Garda commissioner agrees with this with his constant pleas from the community for assistance.

    That's a big leap there. The gardai regularly seek assistance when there is an unsolved crime, be it a gangland shooting or a road traffic hit and run. That does not mean that the garda commissioner agrees with your view that the low number of prosecutions is due to witness intimidation.
    Time for for the Special Criminal Court to deal with these numerous gangs like what they did with paramilitary groups as the present system is not working with at least 10years of evidence of that evident.

    It's only not working on your say so. The only people who really know why these cases are not going ahead are those who work them i.e. the gardai and the employees of the DPP. Tell me this, why is it that the Herald will ask for all of these unusual measures and breaches of human/constitutional rights but the DPP and gardai are silent on the matter. To give just one example, the CJA 2007 was brought in with much media fanfare and a part of it allows inferences to be drawn from a person's silence when interviewed by the gardai. But the gardai rarely use these measures (the first case was there last week). I don't think the gardai and DPP want any more changes to the law or to the courts system - they want more resources. People who genuinely wish to see an end to gangland crime should support more resources for the gardai. People who want to sound like they want to see an end to gangland crime can talk all they like about locking em up and throwing away the key.

    The SCC was set up to deal with paramilitary crimes without a jury because of the problem of jury intimidation. Also, the DPP can send certain gangland cases forward to the SCC as it is. But there is a very low level of jury intimidation in gangland crime, so having gangland cases tried in the SCC is not going to solve the problem you suggest.

    What I think you're referring to is having people convicted solely on the belief evidence of a garda. This means that to secure a conviction, all a garda needs to say is that he believes you're a member of a gang. If you can't see the problem with this, then I doubt very much you grew up in a very deprived area.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Bond-007 wrote: »
    1. Legalise soft drugs. Tax them.

    Although I would be in favour of this, it is for other reasons.
    Bond-007 wrote: »
    2. Expand the role of the special criminal court. Accept written statements as evidence where witnesses are afraid to give evidence.

    As I said in response to gurramok, the SCC is not needed (yet) to try gangland cases.
    Bond-007 wrote: »
    3. RICO laws to target the kingpins.

    We already have conspiracy offences, we just don't have the resources to gather the evidence required.
    Bond-007 wrote: »
    4. Give the Gardaí longer to detain these guys, hold them for weeks if necessary without charge. 7 days is not enough.

    Again, I'm wary of giving powers to the gardai that they don't demonstrably need or want. For most offences 12 hours is enough. For the big boys (especially ex-paramilitaries), even a year would not be enough to break them. For the rest, I think 48-72 hours for serious offences is enough. There comes a point when prolonged detention is just torture with no results.


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Play the ball not the man. I could say it is you who has a naive view on this subject. But what annoys me is that you assume that I am naive and you have absolutely nothing to support this with. Go **** yourself gurramok, and your wannabe ghetto attitude.
    Read again, i did not attack you, i attacked your view in the post which i called naive.
    Look at other countries such as the USA, Brazil etc where criminal gangs are exponentially more organised, armed and dangerous, but yet they are not a threat to democracy in those countries.

    Yes they are. They intimidate and murder in their own communities and have also attacked the police and elected officials in Brazil(remember Sao Paolo?) and in the US, the police themselves are often murdered by the low lifes.
    I disagreed with Amazo's point of view for two reasons: 1) Paramilitary groups are a threat to democracy because they seek to overthrow the government by force. Criminal gangs do no such thing (if anything they thrive under democracy and would lose out a lot under a more totalitarian government) and 2) criminal gangs are not a greater threat to the courts because they do not seek to intimidate judges and jurors to anywhere near the extent that the provisional IRA did.

    Again, you miss the point. A criminal gang has not got a hope of overthrowing the state. What they have is the planting of turncoat elected officials in the public service through either bribery or intimidation to make them untouchable by the law hence growing their powerbase. (Mafia comes to mind here)
    Whats your sources that they are not a threat to the justice system?
    But of course you don't want to hear this, you want to assume that you know more about crime than everybody else (even those who work in the area). Read the herald much?

    I read all papers and all sources of info. whats your sources?
    I'll answer the ghetto rant at the end of this post.
    See the gory list here as i posted in another thread.
    127 murdered with just 14 convictions, a 9% detection rate up until Aug31st....Gruesome list and the reasons for your assignment. (think there has been at least another 3 killings since in Dublin)
    http://www.tribune.ie/article/2008/a...y-with-murder/

    The fact that a significant portion of the McCarthy-Dundon gang has been convicted and sentenced in the last few years suggests that it's not impossible. You're also forgetting that a lot of the witnesses are actually part of the gangs, and very often accomplices.

    Limerick is the only success by the state because Limerick ain't a big city and again the gangs reside in small enclaves. The bigger city Dublin has many areas covering a much higher population hence the need for more resources.

    Yes i agree with your second statement, witnesses are gang members also but it is a hell of alot easier to get the public to be witnesses and i can tell you, I myself would not go to the witness stand if i witnessed a gangland crime out of legitimate fear.
    That's a big leap there. The gardai regularly seek assistance when there is an unsolved crime, be it a gangland shooting or a road traffic hit and run. That does not mean that the garda commissioner agrees with your view that the low number of prosecutions is due to witness intimidation.

    Yes he does. Do you not read the news much?
    http://www.rte.ie/news/2008/1113/crime.html
    The commissioner said the difficulty in solving gang crime was getting people to come forward with information in the face of fear and intimidation and getting the evidence to prosecute and convict.

    It's only not working on your say so. The only people who really know why these cases are not going ahead are those who work them i.e. the gardai and the employees of the DPP. Tell me this, why is it that the Herald will ask for all of these unusual measures and breaches of human/constitutional rights but the DPP and gardai are silent on the matter. To give just one example, the CJA 2007 was brought in with much media fanfare and a part of it allows inferences to be drawn from a person's silence when interviewed by the gardai. But the gardai rarely use these measures (the first case was there last week). I don't think the gardai and DPP want any more changes to the law or to the courts system - they want more resources. People who genuinely wish to see an end to gangland crime should support more resources for the gardai. People who want to sound like they want to see an end to gangland crime can talk all they like about locking em up and throwing away the key.

    Then why do the Garda top brass not proclaim what you're saying about lack of resources?
    I've seen multiple occasions on TV where the commissioner has stated it is not a resource based problem. The only resource based problem is with normal low level policing, that i agree with.
    I do not know why you keep bringing up the Herald, you sound like an avid reader :D
    The SCC was set up to deal with paramilitary crimes without a jury because of the problem of jury intimidation. Also, the DPP can send certain gangland cases forward to the SCC as it is. But there is a very low level of jury intimidation in gangland crime, so having gangland cases tried in the SCC is not going to solve the problem you suggest.

    What I think you're referring to is having people convicted solely on the belief evidence of a garda. This means that to secure a conviction, all a garda needs to say is that he believes you're a member of a gang. If you can't see the problem with this, then I doubt very much you grew up in a very deprived area.

    So let me see what you're saying. You are saying that the reason why there has been a lack of convictions is a lack of resources and not witness/jury intimidation so you declare the Garda Commissioner is a liar? :D

    And lastly to answer your allegation of me having a 'wannabe ghetto attitude', i have indeed being brought up in a deprived area, it was mostly in Finglas. My mother still lives in that area and she like her neighbours steer clear of dodgy folk no matter what they see.
    I'm not gonna say which district in Finglas it is on a public forum but i can tell you roughly where in a PM if you wish and give you details of specific members of a gang that the public do not know and only the Gardai do. People who know me on boards can confirm that.

    What do you have to give you a realistic view or did you grow up in a middle class turning a blind eye area?

    Please tell.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    gurramok wrote: »
    Read again, i did not attack you, i attacked your view in the post which i called naive.

    What specifically is naive, and explain why it is. Because in the absence of same you are really just saying "I think your views are naive in a general way"
    gurramok wrote: »
    Yes they are. They intimidate and murder in their own communities and have also attacked the police and elected officials in Brazil(remember Sao Paolo?) and in the US, the police themselves are often murdered by the low lifes.

    Again, you miss the point. A criminal gang has not got a hope of overthrowing the state. What they have is the planting of turncoat elected officials in the public service through either bribery or intimidation to make them untouchable by the law hence growing their powerbase. (Mafia comes to mind here)
    Whats your sources that they are not a threat to the justice system?

    I would say it is you who misses the point in that your idea of a threat to democracy is a threat to citizens. I'm not saying that people being intimidated by criminals is not an important issue, but it is clearly not a threat to the state in the same way that terrorists are.

    It's a bit rich asking for sources when your views are based on "well I'm from Finglas", but the IRA tried to kill several judges (and killed at least one - Judge Gibson in NI) and intimidate juries, whereas you can't say the same for criminal gangs. This may change, but for the present they can and are tried in the regular courts with jurys.
    gurramok wrote: »
    Limerick is the only success by the state because Limerick ain't a big city and again the gangs reside in small enclaves. The bigger city Dublin has many areas covering a much higher population hence the need for more resources.

    They've done well in Sligo and Cork too, although these are not exactly headline grabbing places. I'm glad you agree that more resources are needed, and I wouldn't be surprised to see prosecutions of the big Dublin players over the next few years.
    gurramok wrote: »
    Yes i agree with your second statement, witnesses are gang members also but it is a hell of alot easier to get the public to be witnesses and i can tell you, I myself would not go to the witness stand if i witnessed a gangland crime out of legitimate fear.

    All the more reason to beef up the witness protection programme. Such things, however, cost a lot of money.
    gurramok wrote: »
    Yes he does. Do you not read the news much?
    http://www.rte.ie/news/2008/1113/crime.html

    Apart from the fact that I was criticising your random leaps of logic, that is just one factor he mentioned, the other being getting the evidence to prosecute and convict.
    Then why do the Garda top brass not proclaim what you're saying about lack of resources?
    I've seen multiple occasions on TV where the commissioner has stated it is not a resource based problem. The only resource based problem is with normal low level policing, that i agree with.

    If the commissioner does not recognise the need for improvements in the gardai then we're in trouble. One example being that serious crimes are still investigated for the most part by the local garda station rather than the NBCI, who seem to play more of an assistant role. There have been massive technological advances over the last few years which could be used to combat crime but are not. There are not enough patrol gardai on the streets (and this affects gang crime as much as low level offences). More could be spent on the witness protection programme. More could be spent on public area CCTV. We are only recently rolling out armed gardai and engaging with international police agencies. But of course it's politically difficult to ask for more resources when those resources are not there. Why not have dedicated gangland investigators working full time on trying to make inroads into these gangs? If the gardai know who they are they can put them under constant surveylance.
    So let me see what you're saying. You are saying that the reason why there has been a lack of convictions is a lack of resources and not witness/jury intimidation so you declare the Garda Commissioner is a liar?

    So now witness intimidation and jury intimidation are one and the same? I believe that more resources bringing the Gardai in line with international police standards is what is required, but the Gardai are an innefficient and outdated system, and more resources often means more beat gardai to the Commissioner. The gardai don't even have a special detective recruitment policy. This article states that the US has a 90% conviction rate for gang murders in some parts of the country:
    The widespread use of witness protection systems in the United States is considered one of the reasons why conviction rates for gang-related murders reach more than 90 per cent in parts of the country.

    US policing with it's higher resources and standards shows that it's not simply the case that people won't testify, it shows that if you want them to testify you need to bankroll witness protection.

    Relying on the Garda Commissioner's view on Crime is kinda like relying on Brian Lenihan's view on the Economy.
    And lastly to answer your allegation of me having a 'wannabe ghetto attitude', i have indeed being brought up in a deprived area, it was mostly in Finglas. My mother still lives in that area and she like her neighbours steer clear of dodgy folk no matter what they see.
    I'm not gonna say which district in Finglas it is on a public forum but i can tell you roughly where in a PM if you wish and give you details of specific members of a gang that the public do not know and only the Gardai do. People who know me on boards can confirm that.

    What do you have to give you a realistic view or did you grow up in a middle class turning a blind eye area?

    Please tell.

    Do you not see that asserting where you grew up is not an argument? If it was, the garda commissioner would know nothing about crime and policing?


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    What specifically is naive, and explain why it is. Because in the absence of same you are really just saying "I think your views are naive in a general way"

    What you had said to Amazo about they being not a threat to the state.

    If you read again, i stated your view on that subject is naive. I did NOT say your other 10,000 views on different topics are naive or you yourself are naive.
    I'd like you to apologise for your personal attack
    Go **** yourself gurramok
    I would say it is you who misses the point in that your idea of a threat to democracy is a threat to citizens. I'm not saying that people being intimidated by criminals is not an important issue, but it is clearly not a threat to the state in the same way that terrorists are.

    Let me spell it out for you. Criminals have shot 2 gardai in the last year or so, have threatened detectives with their lives without care in the world and have not been caught.
    The Gardai are guardians of the state who uphold the law. What we are saying is that when they can attack upholders of the law, they can attack any organ of the state, ie, the judiciary and even the Dail deputies themselves. Its just a matter of time. Its happened in alot of countries where gangland have got so powerful.
    Italy, Bulgaria, Brazil, Colombia as examples come to mind

    Hence they are huge threat to democracy. The present policies have failed and a new hardline approach is needed.
    It's a bit rich asking for sources when your views are based on "well I'm from Finglas", but the IRA tried to kill several judges (and killed at least one - Judge Gibson in NI) and intimidate juries, whereas you can't say the same for criminal gangs. This may change, but for the present they can and are tried in the regular courts with jurys.

    Err, hello, pot kettle??

    For your information, i grew up in a deprived area and have seen stuff no child should have seen at that age. I know what its like, been there, done that and have the T-shirt.
    I know what the general feeling is in that type of community and hence am well qualified to give my view.

    Unlike you who has not proclaimed your background. Unless you are a serving Garda or a social worker in a deprived area OR a solicitor representing clients from deprived areas, you have ZERO qualification to know what it is like on the ground regarding serious crime.

    You quote the IRA in NI, another jurisdiction where there was a conflict. We are discussing the ROI here. I remember them killing gardai and soldiers in the early 80s for example. Remind me, what did they do to our judiciary in ROI?
    They've done well in Sligo and Cork too, although these are not exactly headline grabbing places. I'm glad you agree that more resources are needed, and I wouldn't be surprised to see prosecutions of the big Dublin players over the next few years.

    Please detail what they did in Cork & Sligo. Its been what is it now, 15+ years since gangland took a hold in this country, how many big players have been caught and jailed?
    Answers about John Gilligan and Christy Griffin do not suffice. One was sent down only out of reaction to Ms Guerins killing and the other sent down for child abuse charges.
    Still, they were not sent down for the murders and mayhem they caused. Answers about ones sent down in reaction to daily mayhem instead of killing headline middle class types would suffice :D
    All the more reason to beef up the witness protection programme. Such things, however, cost a lot of money.

    Agreed.
    Apart from the fact that I was criticising your random leaps of logic, that is just one factor he mentioned, the other being getting the evidence to prosecute and convict.

    And yes, ask yourself why they cannot get evidence to prosecute and convict?
    It's intimidation. Recently a Ballymun hotshot had his trial for severely injuring a man constantly delayed because witnesses suddenly forgot what happened n 2001/02. If you want details, i'll google it.
    Another famous one was the Limerick case of the Keanes. More memory problems there on behalf of witnesses.

    Maybe its a run of Alzheimer's in the population instead of intimidation? :D
    If the commissioner does not recognise the need for improvements in the gardai then we're in trouble. One example being that serious crimes are still investigated for the most part by the local garda station rather than the NBCI, who seem to play more of an assistant role. There have been massive technological advances over the last few years which could be used to combat crime but are not. There are not enough patrol gardai on the streets (and this affects gang crime as much as low level offences). More could be spent on the witness protection programme. More could be spent on public area CCTV. We are only recently rolling out armed gardai and engaging with international police agencies. But of course it's politically difficult to ask for more resources when those resources are not there. Why not have dedicated gangland investigators working full time on trying to make inroads into these gangs? If the gardai know who they are they can put them under constant surveylance.

    Again. The Commissioner says your wrong. Good ideas, but he says all is ok at his end :)
    They will need to stop the revolving door system of the prisons for a start.

    They need to hand out 10yr sentences for serious drug offences constantly. You say the media only pick up the worst mishaps of the system, i disagree. It has been publicly known that most criminals who have been charged with drugs worth over 10k have not had the 10yr sentence imposed on them.
    So now witness intimidation and jury intimidation are one and the same? I believe that more resources bringing the Gardai in line with international police standards is what is required, but the Gardai are an innefficient and outdated system, and more resources often means more beat gardai to the Commissioner. The gardai don't even have a special detective recruitment policy. This article states that the US has a 90% conviction rate for gang murders in some parts of the country:

    US policing with it's higher resources and standards shows that it's not simply the case that people won't testify, it shows that if you want them to testify you need to bankroll witness protection.

    So you say a witness protection program is needed now, why oh why do we need that if there is no intimidation????!!:rolleyes:
    Relying on the Garda Commissioner's view on Crime is kinda like relying on Brian Lenihan's view on the Economy.

    Agree, he does not want the reputation of Gardai in a bad light.
    The garda commissioner is like a PR man, he can say no bad about the Gardai. If any of us had a chat privately with him off the record, i bet he will spill what really goes on.
    Do you not see that asserting where you grew up is not an argument? If it was, the garda commissioner would know nothing about crime and policing?
    Before you answer my reply with a F you Gurramok next time, i will report it to the mod...

    Yes, my growing up is an argument. People like me who have lived and presently live in communities know how these gangs operate to their horrific levels on people. I know people who lived in my neighbourhood who have witnessed certain levels of crime and say nothing to the Gardai solely out of fear.

    And that is widespread witness intimidation. Witness intimidation overlaps onto jury intimidation, it bloody makes sense. A climate of fear does grip the population in these cases. You say it does not go on, how can you support that argument?

    Mine is based on..
    1-My background
    2-Garda Commissioner agreeing with me along with local gardai who say the same. (we'll leave the media out of this in case you think i'll quote the Herald:D)
    3-The stats of 120 odd unsolved gangland murders in the last 10 years

    What is your background on these matters?
    Did you grow up in a deprived area and witness the same criminal stuff as me?

    You have still not answered that question to give qualification to your views.
    Supply some evidence.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    gurramok wrote: »
    I'd like you to apologise for your personal attack

    I'd like you to apoloise for yours.
    Let me spell it out for you. Criminals have shot 2 gardai in the last year or so, have threatened detectives with their lives without care in the world and have not been caught.

    There have been a number of successful prosecutions for threating gardai. Good old s.5. And unfortunate as it is, a number of gardai get injured by criminals during the course of their duties. Not all of the criminals have been gangland criminals.
    You quote the IRA in NI, another jurisdiction where there was a conflict. We are discussing the ROI here. I remember them killing gardai and soldiers in the early 80s for example. Remind me, what did they do to our judiciary in ROI?

    Several judges were threatened with their lives, to such an extent that they had garda protection. This hasn't happened with gangland crime. Maybe it will, but for the moment it hasn't.
    Answers about John Gilligan and Christy Griffin do not suffice. One was sent down only out of reaction to Ms Guerins killing and the other sent down for child abuse charges.

    They got Al capone for mail fraud.
    Still, they were not sent down for the murders and mayhem they caused. Answers about ones sent down in reaction to daily mayhem instead of killing headline middle class types would suffice :D

    Dessie Dundon, David Stanners, James McCarthy, Christopher Costelloe and Anthony McCarthy to give one example. But of course they don't count because....
    More memory problems there on behalf of witnesses.

    One of the few good things McDowell did while MJELR was section 16 of the CJA 2006, which allows a sworn witness statement to be profferred as evidence where the witness is unwilling to testify. It's very much open to abuse though.

    Again. The Commissioner says your wrong. Good ideas, but he says all is ok at his end :)

    Well surely an appointed office holder in Ireland wouldn't pass the buck, would they?
    They will need to stop the revolving door system of the prisons for a start.

    That's an executive rather than judicial call. Judges (contrary to public opinion) put criminals away, only for the MJELR to let them out again on parole/temporary release. In fairness, this is because our prisions are overcrowded and minor criminals will be released to make room for the big fellas, but by the looks of things we'll never have the new thornhill prison.
    They need to hand out 10yr sentences for serious drug offences constantly. You say the media only pick up the worst mishaps of the system, i disagree. It has been publicly known that most criminals who have been charged with drugs worth over 10k have not had the 10yr sentence imposed on them.

    I disagree with this. The majority of people charged with section 15A (btw, it's closer to €13k) are not big time drug dealers. Most are drug addicts who carry the drugs to pay off debts, buy drugs or because they are threatened. The drug lords don't touch the stuff, sure why would they get their hands dirty? So pushing the s.15A, while it is a media savvy move by the politicians, is not going to make much of a difference to the crime rate or gang related activities. All it does is over zealously punish drug addicts. Even when they do not apply the 10 years, they usually apply a hefty sentence e.g. 5-8 years.

    Notwithstanding that, for the minority of cases where the person caught is not a drug addict (usually a small or mid level dealer, or a fool who tought he'd get a bit of extra christmas money) the courts will almost always give 10 years or more. Judge Ryan in Dublin rarely deviates from the 10 years, and I think the lowest she has ever given was 6 years (though I'm open to correction). If you want to see an example of this, go down to the fourcourts. Alternatively, here's a good example of a s.15A where the accused were not drug addicts (yes, I realise the irony of using the indo as a source after I slated the herald). Not a bad sentence, eh?
    So you say a witness protection program is needed now, why oh why do we need that if there is no intimidation????!!:rolleyes:

    I didn't say there was no intimidation. (I also didn't say we needed a witness protection programme, I said we needed more funding for the witness protection programme. We have one already you see).
    Agree, he does not want the reputation of Gardai in a bad light.
    The garda commissioner is like a PR man, he can say no bad about the Gardai. If any of us had a chat privately with him off the record, i bet he will spill what really goes on.

    You're agreeing with me? That's no fun. If you want to get answers out of a garda, you need to put a lot of drinks into them.
    You say it does not go on, how can you support that argument?

    I don't say it doesn't go on. That's what you want me to be saying so that you can vent your spleen. What I said was that jury intimidation doesn't go on nearly as much for gangland cases as it did (and arguably still would, given the chance) for paramilitaries. One good example of this were the Veronica Guerin trials. The DPP felt that there was a high risk of jury intimidation in those cases, so they were forwarded to the Special Criminal Court. But most gangland crimes are tried in front of a jury, for example, Christy Griffin.
    What is your background on these matters?

    I don't give out personal information on an internet forum. This is true whether the thread is about gangland crime, or the availability of work in the legal professions. I have two reasons for this:

    1) I value my privacy
    2) I like the way the internet allows people to debate where only the most convincing argument will win. People all too often try to use their qualifications etc to bully other posters, and I don't like that.

    As I say, I could be a sheepfarmer from a small village in Offaly (probably the least criminally inclined county in Ireland - road traffic offences and punch ups over girls are about the height of serious crime there) or I could be from Sean MacDermott street. Whichever I say I am, it doesn't make my argument any more, or less, than what it is. I think an argument should stand or fall on its own merits, and that is why merely stating where you are from is not an argument to my mind.


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  • Registered Users, Registered Users 2 Posts: 3,213 ✭✭✭Keith186



    I don't give out personal information on an internet forum. This is true whether the thread is about gangland crime, or the availability of work in the legal professions. I have two reasons for this:

    1) I value my privacy
    2) I like the way the internet allows people to debate where only the most convincing argument will win. People all too often try to use their qualifications etc to bully other posters, and I don't like that.

    As I say, I could be a sheepfarmer from a small village in Offaly (probably the least criminally inclined county in Ireland - road traffic offences and punch ups over girls are about the height of serious crime there) or I could be from Sean MacDermott street. Whichever I say I am, it doesn't make my argument any more, or less, than what it is. I think an argument should stand or fall on its own merits, and that is why merely stating where you are from is not an argument to my mind.

    Agreed. It's not really relevant to the original question.

    Interesting reading overall.

    You are right about the threat to democracy in a sense gurramok but it's no where near the scale that the paramilitary was a threat. These gangs are not as organised as other gangs say in Bulgaria where this is a problem and don't really pose that much of a threat.

    Can you see good oul Willie O'D bowing to these people?
    There is free press here and any candidate remotely linked to these gangs would be shown up by our journalists, the likes of the Herald even have their role. There also isn't enough 'scumbags' or people on their side to get enough votes anyway.

    The limit is €12,700 for a 10 year sentence. It's actually quite silly given the price the Gardai value drug hauls at. Whilst it is a decent amount 1300 E pills could get you a 10 year sentence even though you probably only paid about €1,000 to buy them.

    There's no easy answer to this problem, Judges need to be onside with the public and purposely give out harsher sentences to people brought in front of them linked to the gangs.
    Gardai obviously need to be able to use 'tapped' evidence of calls and texts in the court, the current system is completely in favour of the criminal at the moment and is a huge handicap when it comes to convincing juries.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Keith186 wrote: »
    The limit is €12,700 for a 10 year sentence. It's actually quite silly given the price the Gardai value drug hauls at. Whilst it is a decent amount 1300 E pills could get you a 10 year sentence even though you probably only paid about €1,000 to buy them.

    If you could get someone ballsy enough to say that in court, there's a good chance a jury would accept a plea to s.15 and acquit on the 15A.
    Keith186 wrote: »
    There's no easy answer to this problem, Judges need to be onside with the public and purposely give out harsher sentences to people brought in front of them linked to the gangs.

    I think the biggest problem with public confidence is the media. The media really do give little or no coverage to harsh sentences but are all over lenient ones. That there is a public perception that Paul Carney J. is considered to be a lenient sentencer exposes the lie. I also think that people have a skewed view of what a sentence actually entails; you even hear people saying that 10, 15 or 20 year sentences are too lenient. Well I suppose if it was your son or daughter you're entitled to feel that way if you wish, but for the media to encourage the general public to believe such things is, IMO, seriously undermining confidence in the legal system.
    Keith186 wrote: »
    Gardai obviously need to be able to use 'tapped' evidence of calls and texts in the court, the current system is completely in favour of the criminal at the moment and is a huge handicap when it comes to convincing juries.

    They use seized phones as evidence of calls made and texts sent. I'm not sure that tapping phones is necessarily a good idea, as most of the texts are in code anyway. Certainly tapping is a good idea when used in conjunction with constant surveylance and CAB enquiries.


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