Sir, – Fintan O’Toole’s article (“Quinn’s jail privileges show touch of class”, Opinion, July 24th) regarding the imprisonment of Seán Quinn Jnr raises a number of important issues relating to inequalities within the criminal justice system and the contrast between prisons like Mountjoy and the more progressive elements of the prison system, such as the training unit.
An issue that Fintan O’Toole does not address in his article, however, is the fact that Seán Quinn Jnr is being detained under Civil Contempt Law and has not, as yet, been convicted or indeed accused of any criminal offences. The laws of contempt as outlined by Carol Coulter (“Case may show up weakness of contempt law”, Opinion, July 23rd), is an exceptional area of law where a court asserts its authority by compelling individuals to comply with its orders. The use of civil imprisonment in this context is rare, and this is as it should be. As our most severe penalty, imprisonment should generally be restricted to the punishment of serious crime.
O’Toole’s article certainly raises much wider questions about how to measure and punish the harm caused by different forms of crime. As the focus of the criminal justice system shifts to look at so-called “white collar” crime, we have an opportunity now to re-think what prison is for and the levels of punishment that different types of crimes should receive.
If we want to reserve prison for those who pose a threat to public safety, or who can’t be punished though other means; then there is a strong argument that many financial offenders are best punished through financial penalties, community service and the recovery of assets.
However, this argument can also be extended to many “ordinary” offenders, such as minor drug offenders and those guilty of property offences without violence (two groups that make up a large proportion of the prison population). Rather than rushing to impose the same counterproductive and expensive prison system on financial criminals – tempting as that may be – there is an opportunity now to ask whether many non-violent offenders who are currently in jail would not be more appropriately and usefully dealt with in the community, where they could compensate society for the wrong that they have done – at a fraction of the cost to the taxpayer. – Yours, etc,