- Sutherland School of Law,
University College Dublin
Dublin 4
Ireland
Niamh Howlin
University College Dublin, Sutherland school of law, Faculty Member
- University College Dublin, School of Law, Faculty Memberadd
- Juries, Law, Irish History, Law of evidence, Irish Juries, Nineteenth Century, and 31 moreCriminal Procedure, European Legal History, Law and Society, Criminal Justice, Lay Participation In Law: Juries And Mixed Courts, Irish Legal History, Colonial and Imperial (British) Legal History, History, British and Irish History, Socio-Legal Studies (Law), Colonization (British Empire), Legal History, Comparative Legal History, Law and Empire, Law and Humanities, Irish Law, Empirical Legal Research, Legal Education, British Legal History, Welsh Legal History, History of the British Empire, New Zealand (British Empire), Irish Studies, Criminal Justice (History), British Imperial and Colonial History (1600 - ), Citizenship and Identity, Criminal Justice History, Marriage (History), Adultery, Legal Profession, and Gender and Law, Legal Profession, Sociology of Law(Criminal Procedure, European Legal History, Law and Society, Criminal Justice, Lay Participation In Law: Juries And Mixed Courts, Irish Legal History, Colonial and Imperial (British) Legal History, History, British and Irish History, Socio-Legal Studies (Law), Colonization (British Empire), Legal History, Comparative Legal History, Law and Empire, Law and Humanities, Irish Law, Empirical Legal Research, Legal Education, British Legal History, Welsh Legal History, History of the British Empire, New Zealand (British Empire), Irish Studies, Criminal Justice (History), British Imperial and Colonial History (1600 - ), Citizenship and Identity, Criminal Justice History, Marriage (History), Adultery, Legal Profession, and Gender and Law, Legal Profession, Sociology of Law)edit
- Dr Niamh Howlin is an Associate Professor at the Sutherland School of Law, University College Dublin. Niamh is prima... moreDr Niamh Howlin is an Associate Professor at the Sutherland School of Law, University College Dublin.
Niamh is primarily interested in nineteenth- and twentieth century Irish legal history, particularly the histories of lawyers and laypersons, courts and trials. She is the author of Juries in Ireland: Laypersons and Law in the Long Nineteenth Century (Four Courts Press, 2017) and Barristers in Ireland: An Evolving Profession Since 1921 (Four Courts Press, 2023).
Beyond legal history, Niamh researches contemporary juries, judges and lawyers.
She is always interested in hearing from potential PhD students, particularly those interested in legal history.
For more details see https://people.ucd.ie/niamh.howlin(Dr Niamh Howlin is an Associate Professor at the Sutherland School of Law, University College Dublin. <br />Niamh is primarily interested in nineteenth- and twentieth century Irish legal history, particularly the histories of lawyers and laypersons, courts and trials. She is the author of Juries in Ireland: Laypersons and Law in the Long Nineteenth Century (Four Courts Press, 2017) and Barristers in Ireland: An Evolving Profession Since 1921 (Four Courts Press, 2023).<br />Beyond legal history, Niamh researches contemporary juries, judges and lawyers.<br />She is always interested in hearing from potential PhD students, particularly those interested in legal history.<br /><br />For more details see https://people.ucd.ie/niamh.howlin)edit
Barristers played significant roles in Irish public life in the twentieth century as lawmakers, politicians, civil servants, broadcasters, judges, academics and social reformers. This book is the first to examine the profession from the... more
Barristers played significant roles in Irish public life in the twentieth century as lawmakers, politicians, civil servants, broadcasters, judges, academics and social reformers. This book is the first to examine the profession from the turbulent twenties until the Celtic Tiger years. It looks at who the barristers were, how they worked and how they were perceived. It also examines the impact of partition, the experiences of women at the bar, and traces how the profession changed over the course of the twentieth century. Drawing upon interviews conducted with barristers, published memoirs, records of the Bar Council and the King’s Inns, government publications and archival sources, this book paints a picture of a profession that was rooted in tradition yet constantly evolving.
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In the eighteenth and nineteenth centuries a wide range of legal issues were decided, not by professional judges, but by panels of laypersons. This book considers various categories of jury, including the trial jury, the coroner’s jury,... more
In the eighteenth and nineteenth centuries a wide range of legal issues were decided, not by professional judges, but by panels of laypersons. This book considers various categories of jury, including the trial jury, the coroner’s jury, the grand jury, the special jury and the manor court jury. It also examines some lesser-known types of jury such as the market jury, the wide-streets jury, the lunacy jury, the jury of matrons and the valuation jury. Who were the men (or women) qualified to serve on these juries, and how could they be compelled to act? What were their experiences of the justice system, and how did they reach their decisions? The book also analyses some of the controversies associated with the Irish jury system during the period, and examines problems facing the jury system, including the intimidation of jurors; bribery and corruption; jurors delivering verdicts against the weight of evidence and jurors refusing to carry out their duties. It evaluates public and legal perceptions of juries and contrasts the role of the nineteenth-century jury with that of the twenty-first-century.
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This multi-disciplinary study considers the intersection between law and family life in Ireland from the early nineteenth to the mid-twentieth century. Setting the law in its wider social historical context it traces marriage from its... more
This multi-disciplinary study considers the intersection between law and family life in Ireland from the early nineteenth to the mid-twentieth century. Setting the law in its wider social historical context it traces marriage from its formation through to its breakdown. It considers the impact of the law on such issues as adultery, divorce, broken engagements, marriage settlements, pregnancy, adoption, property, domestic violence, concealment of birth and inter-family homicide, as well as the historical origins of the Constitutional protection of the family. An underlying theme is the way in which the law of the family in Ireland differed from the law of the family in England.
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Fourth Edition of Andrew Lyall's seminal work on Irish property law, co-authored with Dr Noel McGrath.
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Research Interests: Legal History, Criminal Justice History, Irish History, Irish Legal History, HISTORY OF CRIME AND LAW, and 8 more20th Century Irish History, LGBT Studies, Legal History Irish and English, Law and Homosexuality, History of Crime and Criminal Justice, LGBTQI Human Rights, History of Criminal Justice, and Twentieth Century Irish social history
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This study examines jury trials in Ireland from the perspective of the judges who preside over them. Judges with experience of presiding over jury trials were interviewed and asked about their practice on matters such as charging the... more
This study examines jury trials in Ireland from the perspective of the judges who preside over them. Judges with experience of presiding over jury trials were interviewed and asked about their practice on matters such as charging the jury, commenting on the evidence and warning jurors about misconduct.
M Coen, N Howlin, C Barry and J Lynch, Judges and Juries in Ireland: An Empirical Study (UCD 2020)
ISBN: 978-1-910963-42-5
M Coen, N Howlin, C Barry and J Lynch, Judges and Juries in Ireland: An Empirical Study (UCD 2020)
ISBN: 978-1-910963-42-5
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Since 2019, Irish judicial education has been undergoing major structural change. Prior to the legislative establishment of the Judicial Council in that year, formal training for judges in Ireland was almost non-existent. Innovation in... more
Since 2019, Irish judicial education has been undergoing major structural change. Prior to the legislative establishment of the Judicial Council in that year, formal training for judges in Ireland was almost non-existent. Innovation in this area was limited to the holding of judicial conferences that occurred annually from the mid-1990s onwards. This paper places the training of Irish judges in its international context and analyses the reflections of 22 judges on how they learned the skills of judgecraft prior to the creation of a formalised system of judicial education and training. The data demonstrates that members of the judiciary engaged in a range of largely informal learning activities and provides insights into a hitherto unexplored aspect of Irish judicial culture. The data is also of broader significance in highlighting organic and unofficial aspects of judicial education, which can be overlooked in jurisdictions with highly-developed, formalised structures for training t...
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This article examines the practice of restricting jury service to citizens. While some jurisdictions, such as the United Kingdom and New Zealand, base jury eligibility on permanent residency status, others, such as Ireland and the United... more
This article examines the practice of restricting jury service to citizens. While some jurisdictions, such as the United Kingdom and New Zealand, base jury eligibility on permanent residency status, others, such as Ireland and the United States limit it to citizens. This article examines sets out two principal arguments in favour of abolishing citizenship requirements. First, the need to ensure that juries are broadly representative of the community from which they are drawn. Secondly, the need to promote integration more generally, particularly as Western societies become increasingly multicultural. The article also considers specifically Irish constitutional and historical reasons why this citizenship requirement is difficult to justify.
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This article was downloaded by: [Queens University of Belfast] On: 7 January 2010 Access details: Access Details: [subscription number 906457583] Publisher Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954... more
This article was downloaded by: [Queens University of Belfast] On: 7 January 2010 Access details: Access Details: [subscription number 906457583] Publisher Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, ...
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This paper examines the circumstances which led to the empaneling of a Swiss watchmaker, a French professor and an Italian hatter, along with nine others, to try an American Fenian in Cork in 1865. This was the trial of Captain John... more
This paper examines the circumstances which led to the empaneling of a Swiss watchmaker, a French professor and an Italian hatter, along with nine others, to try an American Fenian in Cork in 1865. This was the trial of Captain John McCafferty, a former Confederate soldier who later became an important figure in the Irish nationalist movement. His trial for treason-felony in 1865 is a fascinating example of the use of what was known as a jury de medietate linguae; a mixed jury consisting of half locals and half aliens. It is significant because it appears to be the only recorded use of a mixed jury in Ireland, although interestingly, it attracted very little comment, despite the unusual nature of the tribunal. After a brief history of the origins and development of this unique tribunal, this article will compare the historical use of mixed juries in common law countries. McCafferty’s trial will then be considered in the wider context of the Fenian organisation’s activities in the 18...
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A commentator noted in 1881 that Irishmen regarded jury service as “the greatest burden that can be inflicted upon them … they would be delighted if trial by jury was suspended tomorrow.” He later added, “[o]f course an enormous outcry... more
A commentator noted in 1881 that Irishmen regarded jury service as “the greatest burden that can be inflicted upon them … they would be delighted if trial by jury was suspended tomorrow.” He later added, “[o]f course an enormous outcry would be raised about it in the national press, and in public meetings; but jurors … would give anything in the world not to serve … because it is the terror of their lives.” Much has been written about the poor state of the nineteenth-century Irish jury system, and it is certainly true that for various social, economic and political reasons, in comparison with that in England, the Irish system appears to have operated in a way that fell somewhat short of ideal. This article seeks to provide an understanding of the realities facing the jurors themselves, and will examine their experiences of the justice system before, during, and after the trial.
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This chapter traces the development of the law and practice realting to long-stay charges in Ireland and the events which led to the now infamous controversy which erupted in 2004 regarding long-stay care facilities. In autumn 2004, it... more
This chapter traces the development of the law and practice realting to long-stay charges in Ireland and the events which led to the now infamous controversy which erupted in 2004 regarding long-stay care facilities. In autumn 2004, it was intimated in the Dail that the practice of deducting monies from Old Age Non-Contributory Pensioners in public long-stay care facilities may have been illegal - later confirmed by the Supreme Court's ruling in In re Article 26 and the Health (Amendment) (No.2) Bill, 2004 .
What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines... more
What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may also have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of ...
This article examines the position in Irish law whereby one must be a citizen of Ireland in order to qualify as a juror. It considers the legitimacy of this requirement in light of Ireland's increasingly multicultural society. It also... more
This article examines the position in Irish law whereby one must be a citizen of Ireland in order to qualify as a juror. It considers the legitimacy of this requirement in light of Ireland's increasingly multicultural society. It also considers the position in other common law jurisdictions, and argues that the citizenship requirement ought to be abolished.
This article examines the supposed uniqueness of the Irish criminal justice system in the nineteenth century. Although the English and Irish systems of criminal justice shared common roots, by the nineteenth century it was becoming... more
This article examines the supposed uniqueness of the Irish criminal justice system in the nineteenth century. Although the English and Irish systems of criminal justice shared common roots, by the nineteenth century it was becoming apparent that there were differences in the way that law and justice were perceived and administered. The post-Famine years had a significant (and arguably negative) impact upon British perceptions of the Irish. This article examines both general perceptions of Ireland and Irishness, from the perspective of its relationship with England, and its position in the Empire. Outsiders’ perceptions and attitudes indicated that Irish criminality and criminal justice were considered to be distinctive. However, a question arises as to whether Irish criminal justice were uniquely Irish or simply ‘not English’?
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This paper considers the 18th and 19th century legislation which preceded the Offences against the State Act 1939. It explores some of the themes evident in the Acts and includes an Appendix listing relevant statutes from 1763-1900.
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This article looks at the feasibility (and desirability) of making trade union recognition mandatory in Ireland.
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ABSTRACT This chapter traces the development of the law and practice realting to long-stay charges in Ireland and the events which led to the now infamous controversy which erupted in 2004 regarding long-stay care facilities. In autumn... more
ABSTRACT This chapter traces the development of the law and practice realting to long-stay charges in Ireland and the events which led to the now infamous controversy which erupted in 2004 regarding long-stay care facilities. In autumn 2004, it was intimated in the Dail that the practice of deducting monies from Old Age Non-Contributory Pensioners in public long-stay care facilities may have been illegal - later confirmed by the Supreme Court&#39;s ruling in In re Article 26 and the Health (Amendment) (No.2) Bill, 2004 .
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This chapter examines the award of damages for the action f criminal conversation or 'crim con'. The action allowed a husband whose wife had committed adultery with another man to sue the 'other man' for damages in the civil courts. It is... more
This chapter examines the award of damages for the action f criminal conversation or 'crim con'. The action allowed a husband whose wife had committed adultery with another man to sue the 'other man' for damages in the civil courts.
It is published in N Howlin and K Costello, Law and the Family in Ireland, 1800-1950 (Palgrave Modern Legal History 2017)
It is published in N Howlin and K Costello, Law and the Family in Ireland, 1800-1950 (Palgrave Modern Legal History 2017)
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Roger Casement’s arrest, detention, trial and execution have been continually re-examined over the past century. There has been endless speculation over the use made of the so-called Black Diaries to discredit him and scupper his chances... more
Roger Casement’s arrest, detention, trial and execution have been continually re-examined over the past century. There has been endless speculation over the use made of the so-called Black Diaries to discredit him and scupper his chances of having his sentence commuted. Another issue which has captured the imagination of scholars is whether or not he was convicted under a correct interpretation of the Treason Act 1351, or whether he was, as he claimed, ‘hanged by a comma.’ The adequacy of his legal representation and case management have also been questioned. This article, however, examines a previously ignored aspect of the Casement trial: the composition of the jury which tried and convicted him.
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This article considers aspects of lay participation in the Irish justice system, focusing on some political dimensions of the trial jury in the nineteenth century. It then identifies some broad themes common to systems of lay... more
This article considers aspects of lay participation in the Irish justice system, focusing on some political dimensions of the trial jury in the nineteenth century. It then identifies some broad themes common to systems of lay participation generally, and particularly nineteenth-century European systems. These include perceptions of legitimacy, State involvement and interference with jury trials, and issues around representativeness. The traditional lack of scholarship in the area of comparative criminal justice history has meant that many of the commonalities between different jury systems have been hitherto unexplored. It is hoped that this paper will contribute to a wider discussion of the various commonalities and differences in the development of lay participation in justice systems.
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This article examines the supposed uniqueness of the Irish criminal justice system in the nineteenth century. Although the English and Irish systems of criminal justice shared common roots, by the nineteenth century it was becoming... more
This article examines the supposed uniqueness of the Irish criminal justice system in the nineteenth century. Although the English and Irish systems of criminal justice shared common roots, by the nineteenth century it was becoming apparent that there were differences in the way that law and justice were perceived and administered. The post-Famine years had a significant (and arguably negative) impact upon British perceptions of the Irish. This article examines both general perceptions of Ireland and Irishness, from the perspective of its relationship with England, and its position in the Empire. Outsiders’ perceptions and attitudes indicated that Irish criminality and criminal justice were considered to be distinctive. However, a question arises as to whether Irish criminal justice were uniquely Irish or simply ‘not English’?
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What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines... more
What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may also have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of Irish jurors by the late nineteenth century.
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This paper examines the trial of Captain John McCafferty, a former Confederate soldier who later became an important figure in the Irish nationalist movement. His trial for treason-felony in 1865 is a fascinating example of the use of... more
This paper examines the trial of Captain John McCafferty, a former Confederate soldier who later became an important figure in the Irish nationalist movement. His trial for treason-felony in 1865 is a fascinating example of the use of what was known as a jury de medietate linguae; a mixed jury consisting of half locals and half aliens. It is significant because it appears to be the only recorded use of a mixed jury in Ireland, although interestingly, it attracted very little comment, despite the unusual nature of the tribunal. After a brief history of the origins and development of this unique tribunal, I compare the historical use of mixed juries in common law countries. McCafferty’s trial is then considered in the wider context of the Fenian organisation’s activities in the 1860s, and particularly in light of subsequent Fenian cases where mixed juries were sought.
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Difficulties in securing convictions in nineteenth-century Ireland led the authorities to resort to various methods of ensuring that petty juries delivered guilty verdicts in cases where this was clearly warranted by the evidence. This... more
Difficulties in securing convictions in nineteenth-century Ireland led the authorities to resort to various methods of ensuring that petty juries delivered guilty verdicts in cases where this was clearly warranted by the evidence. This article examines some of the ‘stratagems’ put forward by David Johnson and suggests a number of other practices which were used, arguing that many of these mechanisms centred around controlling the composition of trial juries. Examples included altering the property qualifications for jurors, the system of asking jurors to ‘stand by’, and the use of fines to compel attendance. While some of these were the legitimate exercise of established procedures, it will be seen that the Crown on occasion abused or over-used its powers.
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Abstract: Although the Irish system of trial by jury had its roots in the laws of England, the late eighteenth and early nineteenth centuries saw the beginnings of a divergence between the jury systems of the two countries. By the second... more
Abstract: Although the Irish system of trial by jury had its roots in the laws of England, the late eighteenth and early nineteenth centuries saw the beginnings of a divergence between the jury systems of the two countries. By the second half of the nineteenth century the ...
ABSTRACT This chapter traces the development of the law and practice realting to long-stay charges in Ireland and the events which led to the now infamous controversy which erupted in 2004 regarding long-stay care facilities. In autumn... more
ABSTRACT This chapter traces the development of the law and practice realting to long-stay charges in Ireland and the events which led to the now infamous controversy which erupted in 2004 regarding long-stay care facilities. In autumn 2004, it was intimated in the Dail that the practice of deducting monies from Old Age Non-Contributory Pensioners in public long-stay care facilities may have been illegal - later confirmed by the Supreme Court&#39;s ruling in In re Article 26 and the Health (Amendment) (No.2) Bill, 2004 .
2005] Aspects of Article 26 27 The Rationale Behind Article 26 The reference of Bills to the Supreme Court under Article 26 was envisaged as a mechanism for the protection of constitutional rights and the maintenance of constitutionally... more
2005] Aspects of Article 26 27 The Rationale Behind Article 26 The reference of Bills to the Supreme Court under Article 26 was envisaged as a mechanism for the protection of constitutional rights and the maintenance of constitutionally sound legislation. The provision lays down a ...
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... The author would like to acknowledge the invaluable assistance of Mr. Frank Clarke SC, Ms. Mary Irvine SC, Ms. Niamh Howlin BCL and Mr Conor ... Costello J., in Murray v. Ireland,35 held that despite the absence of any reference to a... more
... The author would like to acknowledge the invaluable assistance of Mr. Frank Clarke SC, Ms. Mary Irvine SC, Ms. Niamh Howlin BCL and Mr Conor ... Costello J., in Murray v. Ireland,35 held that despite the absence of any reference to a restrictive power, it was clear that the ...
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Murder trials often represent the criminal justice system at its most sensational, emotive, widely-reported and melodramatic; this was no less true in the nineteenth century than in the twenty-first. In this comprehensive overview of the... more
Murder trials often represent the criminal justice system at its most sensational, emotive, widely-reported and melodramatic; this was no less true in the nineteenth century than in the twenty-first. In this comprehensive overview of the procedures involved in the nineteenth-century murder trial, W.E. Vaughan illustrates the complexity of nineteenthcentury criminal procedure. As he points out, there has been to date no definitive examination of the working of the criminal trial process in nineteenth-century Ireland. Murder Trials in Ireland goes a considerable way towards remedying this defect by considering the criminal process through the lens of the murder trial. Vaughan cites a number of justifications for focusing on such trials. Firstly, as is the case today, they represented the working of the criminal justice system “at its most elaborate, careful, and strained.” 1 Secondly, murder trials are well documented in the Convict Reference Files in the National Archive of Ireland. ...
Research Interests: Criminology, Psychology, Law, Criminal Justice, Irish, and 3 moreConvict, Criminal Behaviour, and Emotive
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British Legal History Conference, University College London, July 2017
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Paper delivered as part of Lay Participation in Modern Law: A Comparative Historical Analysis, Helsinki, Finland