Defending the Terrorists: Queen's Counsel before the Courts of Northern Ireland

A representative sample of Queen's Counsel at the Bar of Northern Ireland (N = 212 barristers) was interviewed, using an open-ended, precoded questionnaire, to gather information on prosecutors & defenders of those charged with terrorist offenses in Diplock courts. These special criminal courts, which have existed in Northern Ireland since 1973, are intended as an alternative to internment without trial. Trials are conducted by a judge sitting alone without a jury; all statements are admissible unless coerced. Just as Northern Ireland's political movements struggle for legitimacy as representatives of public will, so Diplock courts, because of their altered procedures, have continually struggled for legitimacy. The effect of the very existence of criminal trials, even with altered procedures, has been to bar political debate from the courtroom in Northern Ireland. The initial hypotheses, that those defending & prosecuting are different types, & that those defending terrorists suffer ostracism as a result of their work, were rejected. Those defending & prosecuting were, with minor exceptions, interchangeable in function. All of those interviewed emphasized that they view themselves as fulfilling a duty to represent in difficult circumstances & that they are professionals working in a highly competitive business. They all claimed financial & professional success. The findings demonstrate how a professional group adapts to what, for others in the society, is an insupportable, intolerable situation. Concerns are raised over the existence of the Diplock courts & the role taken by Queen's Counsel in maintaining them. Modified AA.