Zeitschriftenartikel zum Thema „Alternative sentence to imprisonment“
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1
Terblanche, Stephan S. „The Child Justice Act: Procedural Sentencing Issues“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, Nr. 1 (26.04.2017): 320. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2314.
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In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo. The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so. Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided.
2
Holmboe, Morten. „Alternative Sentence of Imprisonment for Unpaid Fines“. Federal Sentencing Reporter 31, Nr. 1 (01.10.2018): 48–51. http://dx.doi.org/10.1525/fsr.2018.31.1.48.
3
Gunawan, Teng Junaidi, und Muhammad Sholehuddin. „Nonequivalence Between Imprisonment and Fines in United States Sentencing Guidelines“. Journal of Law and Sustainable Development 11, Nr. 9 (11.10.2023): e512. http://dx.doi.org/10.55908/sdgs.v11i9.512.
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Objective: Seeking rational uniformity and proportionality of sentencing in United States Sentencing Guidelines. The United States has been establishing and updating its sentencing guidelines and structure based on the Sentencing Reform Act since 1984, aiming to improve the ability of the criminal justice system to fight crimes through an effective and fair sentencing system. Thus the objective here is to evaluate whether that aim has been met. Method: Through normative research, the economic analysis of law was utilized to study the sentencing in the 2021 United States Sentencing Guidelines and its manual, especially comparing imprisonment and fine sentences. At the same time, comparing the imprisonment sentence and the fine sentence as the imprisonment alternative with the help of local economic variables, the minimum wage. The differentiation between the fine sentence or fines and its imprisonment alternative is calculated for each statute in the US Sentencing Fine, especially under §5E1.2.(c). (3). - Fines for Individual Defendants’ Fine Table, and combining it with the minimum and maximum values in Sentencing Table in §5A to find the differentiation value or reference value or each row to analyse if any pattern emerged. Then compare it with the second objective, the United States’s national minimum wage is used to calculate the minimum and maximum imprisonment statute to calculate the amount of money a normal person working legally in the worst condition, paid in the minimum wage, can collect in the same length amount of time. Results: This research shows that: a) there is no equivalence between imprisonment and a fine sentence in the United States Sentencing Guidelines, and b) imprisonment has lesser economic value than its alternative sentence. Both findings are against the purpose of seeking rational uniformity and proportionality of sentencing. The nonequivalence above demonstrates the structure and guidelines of the United States sentencing system, which have several excellences compared to the sentencing system of other countries, such as Indonesia’s prior Penal Code Book. However, the United States sentencing system is also flawed, which needs improvements in applying economic analysis and efforts to fix the flaws.
4
Jocić, Dragan. „PRILOG RASPRAVI O KAZNI DOŽIVOTNOG ZATVORA I MEĐUNARODNIM PRAVNIM STANDARDIMA“. Journal of Criminology and Criminal Law 59, Nr. 1 (21.05.2021): 173–84. http://dx.doi.org/10.47152/rkkp.59.1.7.
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The latest amendments to the Criminal Code of the Republic of Serbia have quite a lot of controversy among the professional public. The subject of this paper is a critical review of various propositions for overcoming legislative omissions in relation to the sentence of life imprisonment without conditional release for certain criminal offences. Furthermore, this paper deals with prison sentences for crimes for which the conditional release is legally excluded. The intention is to encourage the professional public to find the best solutions for overcoming legally untenable prohibition of conditional release for people sentenced to life imprisonment. The author estimates that pardon, in our legislation, does not represent an effective legal remedy, nor an alternative to conditional release.
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Lešková, Lýdia, Lenka Haburajová Ilavská und José García Martín. „Alternative Punishment as a Suitable Alternative to Imprisonment“. Journal of Education Culture and Society 13, Nr. 2 (27.09.2022): 39–54. http://dx.doi.org/10.15503/jecs2022.2.39.54.
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Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.
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Leka, Adrian. „Impact of Offenses in Alternative Sentences“. European Journal of Language and Literature 7, Nr. 1 (21.01.2017): 135. http://dx.doi.org/10.26417/ejls.v7i1.p135-139.
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Alternative sentences prevent violence and help the community. Prison is known as a place where people are confined and restricted from personal freedom. There are a lot of crime categories where exists different type of offenders, but on the other hand there are a lot of solutions for each of them .Imprisonment is not always the only way to punish an offender. As alternative sentences we can list some of them: a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion. Alternative sentences can be different based on the type and harshness of the crime, the effect of the crime on the victims, the age of the defendant, the defendants criminal history and the defendants remorse. This is decided by the judge, court. Below we will explain some different types of alternative sentences in more details.
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Kantorowicz-Reznichenko, Elena. „Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions“. European Journal of Crime, Criminal Law and Criminal Justice 23, Nr. 3 (22.07.2015): 191–213. http://dx.doi.org/10.1163/15718174-23032068.
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The practice of short-term imprisonment has been long criticised due to its criminogenic effect and costs. To minimise its use, many European countries introduced alternative sanctions such as community service or home confinement with electronic monitoring. Unfortunately, in practice those sanctions are often imposed on non prison-bound offenders, a phenomenon termed ‘the net-widening problem’. Consequently, instead of reducing the prison population, the alternative sanctions substitute lighter punishments such as fines or conditional imprisonment. The discretion power whether to impose a prison sentence or its alternatives lies in the hands of the judges. Therefore, the way to enhance the use of alternative sanctions as a substitute to short-term imprisonment is to change the behaviour of judges. This paper adopts the behavioural law and economics approach to discuss, in the context of European criminal justice systems, how certain procedural rules overcome or use cognitive biases in order to promote the use of alternative sanctions.
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Saputra, Romi. „The social work criminal law policy reduces the overcapacity of correctional institutions“. Jurnal Cakrawala Hukum 13, Nr. 3 (28.12.2022): 308–15. http://dx.doi.org/10.26905/idjch.v13i3.6512.
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This study discusses the imposition of a sentence against a person who commits a crime which is a very important part of realizing a good criminal justice system, in this case, the judge must be able to choose the right type of punishment for the perpetrator. The alternative to imprisonment, in this case, social work punishment, provides for the fact that prison sentences are increasingly being criticized due to humanitarian considerations, philosophical considerations, and economic considerations. Criticism of the negative consequences of imprisonment has given rise to thoughts of looking for an alternative to imprisonment, even though imprisonment can be justified in terms of crime prevention and public safety. Social work criminal acts for perpetrators of minor crimes can fulfill elements of development and provide protection to society. Guidance elements that are oriented toward individual criminal offenders who are convicted of social work offenders are protected from negative impacts such as being labeled as offenders by society and loss of self-confidence.How to cite item: Saputra, R., (2022), The social work criminal law policy reduces the overcapacity of correctional institutions. Jurnal Cakrawala Hukum, 13(3)308-315. doi:10.26905/idjch.v13i3.6512.
9
Zakiyah, Ninik. „HAZAIRIN DAN PENGHAPUSAN PIDANA PENJARA PENDEK“. Al-Ahkam 26, Nr. 2 (02.12.2016): 249. http://dx.doi.org/10.21580/ahkam.2016.26.2.996.
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This writing describes Hazarin thought of the ineffectiveness of short imprisonment in Indonesia and the study of possibility replacement of short prison sentences with social penalties. Hazarin said that short imprisonment is ineffective to give deterrent effect, and may even lead to negative stigmas and consequences such as the prisoners will become more virulent after being released from prison, that make people reject the presence of ex-prisoners. Hazarin offers the concept of criminal work in the public interest without being paid in lieu of imprisonment. He also offers customary or Islamic law penalty to replace the short imprisonment as an alternative. Thus the replacement of the short sentence of imprisonment is in accordance with Islamic law and the first principle of Pancasila, the divinity of the God, the Almighty, who gives the human soul religious consciousness. Besides that, it is also in accordance with the fifth principle of Pancasila, the development of human awareness through moral education and justice for peace and justice social life. However, with the current conditions in Indonesia, the Hazainin thought doesn’t seem applicable.
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Lorens, D. V., O. V. Shtykun und A. A. Kemeniash. „APPLICATION OF ALTERNATIVE PUNISHMENTS (IN DIFFERENT COUNTRIES OF THE WORLD)“. Scientific Herald of Sivershchyna. Series: Law 2023, Nr. 3 (23.10.2023): 49–60. http://dx.doi.org/10.32755/sjlaw.2023.03.049.
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The article examines the legal systems of European countries in terms of alternative punishments to deprivation of liberty. Legal systems of serving sentences mainly consist of criminal, criminal executive and penitentiary codes. It is they who determine the very system of punishments of the country, the procedure for serving punishments and the possibility of an alternative when choosing a punishment. Alternative punishments should be considered to be those that can replace imprisonment or restriction of liberty. An alternative such as probation is associated with restriction of freedom in Ukraine. Among the alternatives in other countries, fines are the most common. Fines are imposed for crimes for which damages can be compensated in monetary terms. But not all such consequences of criminal offenses can be changed to monetary compensation: this should be provided for in the criminal code. In addition, a widespread punishment abroad is the establishment of supervision in the form of probation. Such type of punishment as installation of electronic surveillance is widespread. The punishment consists in installing a means of electronic monitoring on the suspect’s body for a period of up to one year. Other types of punishments include: probation, other types of supervision, conditional sentence, conditional release from serving the sentence, treatment for alcohol or drug addiction, treatment of mental disorder. One of the similar Ukrainian punishments is community service, which is actively used as an alternative to imprisonment in Estonia and France. The author also points out the current problems associated with the implementation of the European alternative experience. Among them are martial law, the economic crisis, the workload of law enforcement officers, the presence of Soviet elements in certain types of punishments. Key words: alternative punishment, electronic control, electronic surveillance, supervision, deprivation of liberty, probation, fine.
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Momtaz, Mahmoud A. „Revisiting the Imprisonment Sentence under the Egyptian Competition Regime“. World Competition 40, Issue 4 (01.12.2017): 637–54. http://dx.doi.org/10.54648/woco2017039.
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This article addresses the Egyptian competition regime’s adoption of type II errors (under enforcement) in hardcore cartel cases. This article provides an analysis of the Egyptian Cement Cartel Case, and draws general conclusions drawn from it. This article explores the extent to which the fine imposed in the aforementioned case (the maximum fine at the time) was sufficient enough to recoup the cartel’s overcharges and to create the necessary deterrence effect for future anticompetitive practices in general and from creating cartels in particular. This article further explores an alternative approach to addressing concerns about the adequacy of a fine sentence in light of the applicability of an imprisonment sanction impeded within the Egyptian Penal Code. Moreover, this article examines the limits of this alternative approach, and how it could be practically enforced by Egyptian courts. Interviews with senior judicial figures in the Egyptian legal system were conducted to explore the applicability and limitations of the imprisonment approach. The assessment is not limited to qualitative data, however, but also encompasses quantitative data to further support the findings. As a result, it was found that imprisonment sanctions would eventually result in better enforcement policies. That is to say that fines were found not to be the optimal sanctioning mechanism since they are either extremely low or impossibly high.
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Igrački, Jasmina. „Strict penalty policy: Challenges of international criminal law in crime prevention“. Bezbednost, Beograd 64, Nr. 1 (2022): 179–90. http://dx.doi.org/10.5937/bezbednost2201179i.
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At the end of the 1980s, it was realized that the policy of punishment and institutions such as prisons were in a serious crisis, and that punishment did not achieve the proclaimed goals. The repressive concept of punishment has traditionally been resorted to, and it is still present in practice in most developed countries in the world. The application of a stricter concept of crime response did not significantly change the growth trend of crime; on the contrary, such an approach increased the number of prisoners to unsustainable limits for prison institutions. Starting from the effects of imprisonment, in particular long prison sentences and life sentences and the consequences of imprisonment, there are growing calls to limit or altogether avoid imprisonment, as its shortcomings are very serious and affect both the prisoner's personality and the society. As a result of more severe punishment, there was an increase in the imposition of life imprisonment. According to available data, about half a million people in the world are serving life sentences. Life imprisonment is imposed in 183 out of 216 countries and territories, and between 2004 and 2015 there was an increase in the imposition of this sentence by about 84%. It is certainly necessary, in the coming period, to find a balanced penal policy and, wherever possible, to impose alternative sanctions because of the negative impact and very visible negative consequences that imprisonment leaves.
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Berman, Douglas A. „A New Alternatives Agenda for the U.S. Sentencing Commission?“ Federal Sentencing Reporter 36, Nr. 3 (01.02.2024): 111–13. http://dx.doi.org/10.1525/fsr.2024.36.3.111.
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The topic of alternatives to incarceration often seems at once forgotten and yet ever-present in the federal sentencing system. U.S. Sentencing Commission data indicate nine out of every ten federal sentences include terms of imprisonment, and yet the offenses and offenders in the federal system ought to permit great use of alternatives. This issue of FSR seeks to bring new attention to these topics, largely though the materials emerging from the Center for Justice and Human Dignity’s October 2023 “Rewriting the Sentence II Summit.” This event at George Washington University aspired to highlight how the full array of practitioners — judges, prosecutors, defense attorneys and other sentencing system actors — could make meaningful commitments to alternative to incarceration practices. This introductory essay provides context and framing for the materials that follow.
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Shaymaa Ibrahim Mahm und Zainab Mohammed Salih. „Alternative Sanctions and their Impact on Societal Security: A Field Study in the Directorate of Juveniles Reformatory in Baghdad“. Journal of the College of Education for Women 34, Nr. 3 (30.09.2023): 69–101. http://dx.doi.org/10.36231/coedw.v34i3.1678.
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Crime is one of the most severe challenges facing States, and strives to find preventive measures, reduce its seriousness, and prevent them; due to developments, crimes have increased, and emerging new patterns of crimes, there is an urgent need to prevent crimes and reduce their effects. Modernizing its punitive system and diverting it to correctional rehabilitative justice to redress the prejudice caused by the crime and rehabilitate the convicted person by using alternative measures to short-term imprisonment. This research emphasizes alternative sanctions' value to minimizing short-term imprisonment penalties and their impact on societal security through several goals like, the negative consequences, justifications, and alternatives applied in Iraq, to identify their impact on societal security. The research was based on the analytical descriptive curriculum and the sample-style social survey. It was based on an intentional sample of (250) Research staff of the Directorate of Juvenile Reformatory in Baghdad to measure the role of alternative sanctions in the correctional aspect, statistically processed through the program (SPSS), one of our most important findings is that (92.33%) of researchers supported that alternative sanctions has a role to reduce overcrowding in correctional schools, and supported (91%) of researchers that they are prohibited from mixing with depositors, and that (90%) of researchers who supported that the application of the penalties would reduce the problems associated with the sentence of imprisonment, i.e., the researchers emphasized the importance of alternative sanctions to minimize the effects of the short-term imprisonment on the convicted person, his family, and his community.
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Andrushko, A. V. „Practice of application of punishment for trafficking in human beings“. Analytical and Comparative Jurisprudence, Nr. 3 (20.02.2022): 148–56. http://dx.doi.org/10.24144/2788-6018.2021.03.28.
Annotation:
The article established the peculiarities of the application of punishment for trafficking in human beings based on the analysis of 300 convictions passed for the period from 2010 to 2019, which came into force. To this end, it summarizes data on 430 convicts for this crime.
The article clarifies the peculiarities of the consideration of the guilty person by courts, elaborates on the circumstances that mitigate and aggravate the punishment and draws attention to the main mistakes that occur during this process.
It establishes that 98,8% of persons convicted of trafficking in human beings were sentenced to imprisonment. Exercising the right to impose a milder punishment than provided by law, courts sentenced 1,2% of convicts to others, alternative to imprisonment, punishments: restraint of liberty (one person) and a fine (four persons).
The article finds that the range of sentences imposed by courts for trafficking in human beings is extremely wide – from 1 to 10 years in prison. At the same time, in a significant number (21%) of cases, the courts imposed this sentence for a lower term than the one defined as the minimum in Part 1 of Art. 149 of the Criminal Code of Ukraine (three years). It also draws attention to the fact that the courts have never (!) sentenced convicts to more than 10 years of imprisonment, although the sanction of Part 3 of Art. 149 of the Criminal Code of Ukraine provides for this act up to 15 years in prison. In addition, it was noted that only 14,6% of convicted traffickers were sentenced to more than 5 years in prison.
The article concludes that there are no grounds for reviewing the existing sanctions under Art. 149 of the Criminal Code of Ukraine, as the penalties provided for in them generally correspond to the real public danger of this encroachment and to the foreign experience in penalizing trafficking in human beings that was considered in the article.
The article also shows data illustrating the practice of sentencing convicts depending on the purpose of exploitation, which they pursued by committing this act.
It was found that the courts sentenced 29,5% of convicts for trafficking in human beings to less severe punishment than provided by law.
The article establishes that 41,4% of persons who committed human trafficking were sentenced to the actual serving of punishment, while 58,6% of persons were released from punishment and serving it. Among these persons, 96,4% were released from serving a probation sentence, 2,4% were pregnant women and women with children under the age of seven released from serving a probation sentence (Article 79 of the Criminal Code of Ukraine), 1,2% – released from punishment in connection with the expiration of the statute of limitations (Part 5 of Article 74 of the Criminal Code of Ukraine).
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Bülow, William. „Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction“. Canadian Journal of Law & Jurisprudence 32, Nr. 02 (August 2019): 285–303. http://dx.doi.org/10.1017/cjlj.2019.16.
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AbstractImprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks being a disproportionate or inappropriate sanction, retributivists need to explain how a prison term can be warranted as the backup sanction for those who breach the requirements of their non-custodial sentence, even though their original crime wasn’t serious enough to warrant imprisonment in the first place. The aim in this paper is to critically assess the extent to which retributivists can justify the use of imprisonment as the ultimate back-up sanction. In doing so, I first examine two broad strategies that are discussed in the literature, and which retributivists could employ in order to respond to this problem. The first strategy stresses how desert has only a limited role in sentencing such that it demarcates a range of deserved punishment. On this view, associated with limiting retributivism, one could initially opt for a less harsh yet deserved punishment, leaving room for the imposition of back-up sanctions when needed. The second strategy focuses on how the act of breach is a reprehensible act that can allow for a penalty increase, and thereby lead to imprisonment. Although it is argued that both strategies fail, the paper proposes an alternative solution to this problem.
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Hoekman, Jan, und Gordana Krstić. „CONDITIONAL RELEASE: POSSIBILITIES AND OBSTACLES IN SERBIA AND THE NETHERLANDS“. Journal of Criminology and Criminal Law 60, Nr. 1 (März 2022): 39–60. http://dx.doi.org/10.47152/rkkp.60.1.3.
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This paper analyses the concept of conditional release in the Netherlands and Serbia, to provide a comparative overview of the two legal systems, and to suggest how legal solutions could be improved. Conditional release is functionally correlated with imprisonment as the main criminal sanction, entailing the deprivation of liberty, whilest, it is also an alternative to imprisonment. It creates the possibility for the convicted person to be released from prison before they have fully served their sentence, provided that certain conditions are met. While serving the sentence, the convicted person is obliged to act upon the individual plan to rehabilitate, focus on work, and minimize the risk of reoffending. Since there are different categories of convicted persons in the penal environment, this paper will also examine whether all these categories of convicted persons deserve to be released on parole or whether perhaps conditional release is reserved only for privileged ones.
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Lazić, Dragana, und Aleksandra Danilović. „Criminal sanctions in Serbia from 1945 to 2019“. Bastina, Nr. 56 (2022): 257–73. http://dx.doi.org/10.5937/bastina32-36583.
Annotation:
The subject of the paper includes the socio-criminological aspect of the development of criminal sanctions through the periods of state transformation of the Republic of Serbia from 1945 to 2019. The hypothetical assumption that started in the paper was that in the seventy-four-year period of functioning and action of Serbia, traditional criminal sanctions (imprisonment and suspended sentence) dominated and that due to social changes, the introduction of alternative criminal sanctions was delayed. The historical, statistical and comparative methods, as well as the operational method of document content analysis were applied in the research. The most significant finding in the paper is that in the first 32 years, a prison sentence dominated, and in the next 42 years, a suspended sentence. There was no mass application of punishment: suspended sentence with protective supervision, punishment of work in the public interest, fine and other alternative sanctions, which only seemingly satisfied the principle of fairness and proportionality.
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May, David C., Peter B. Wood, Jennifer L. Mooney und Kevin I. Minor. „Predicting Offender-Generated Exchange Rates: Implications for a Theory of Sentence Severity“. Crime & Delinquency 51, Nr. 3 (Juli 2005): 373–99. http://dx.doi.org/10.1177/0011128704271459.
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We solicited offender-generated exchange rates between prison and several noncustodial sanctions from a sample of 588 offenders currently serving community-based punishments. We then regressed these exchange rates on demographic, attitudinal, and correctional experience indicators. Males, Blacks, older offenders, offenders with prison experience, and those who agree most strongly with reasons to avoid alternative sanctions are likely to serve less of a given alternative to avoid imprisonment. In addition, offender-generated exchange rates are used to develop a ranking of sanction severity that includes prison and nine intermediate sanctions. Implications of these findings for correctional policy, practice, and a theory of sentence severity are discussed.
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Choi, Dae-Ho. „Legislation on life imprisonment without parole and its justification: Based on recent developments in life imprisonment in the U.S.“ Kyung Hee Law Journal 58, Nr. 3 (30.09.2023): 3–34. http://dx.doi.org/10.15539/khlj.58.3.1.
Annotation:
In recent years, there has been an increase in citizens’ anxiety about violent crimes due to ‘abnormal motives’ resulting in murders and indiscriminate violent crimes. As one of the measures, the government (Ministry of Justice) is seeking to establish a so-called “Life imprisonment without parole”.
However, there has not been sufficient discussion and social consensus on issues such as whether the system contributes to reducing the rate of violent crime over the introduction of life imprisonment without parole, whether it may violate the Constitution, which values human dignity as the highest value, by fundamentally blocking prisoners’ rehabilitation, improvement, and rehabilitation into society, and whether it increases medical and administrative costs due to overcrowding in prisons and the increase in the number of elderly prisoners.
In this paper, while keeping in mind the relationship between life imprisonment and the death penalty, we provide an overview of the legislation and application of life imprisonment in the United States, and examine the problems of life imprisonment based on the results of recent important research on life imprisonment. Based on these findings, we examined the legitimacy of the “life sentence without parole” that the Ministry of Justice is currently seeking to introduce.
Many states in the United States either introduce life imprisonment without parole after abolishing the death penalty, or still retain the death penalty after introducing life imprisonment without parole. Life imprisonment is also applied to non-murder offenses. However, recent legislation and precedent recognize life imprisonment without parole as a cruel punishment with the same characteristics as the death penalty. In other words, life imprisonment without parole places all the blame on criminals, deprives them of hope of rehabilitation and seriously undermines their dignity and humanity as human beings.
In conclusion, when examining penal reforms, including the abolition of the death penalty, countries with the rule of law should always take humanitarian and human rights considerations as the criteria for the purpose of modern punishment: rehabilitation into society. However, life imprisonment without parole cannot contribute to the realization of the purpose of modern punishment, which is to humanize, rehabilitate, rehabilitate, and resocialize punishment. Therefore, the introduction of life imprisonment without parole as an alternative and sub-sentence to the death penalty should be avoided.
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Ikanović, Veljko. „Alternative Sanctions in the Gap Between the Law and Reality / Alternativne sankcije u raskoraku između normativnog i stvarnog“. Годишњак факултета правних наука - АПЕИРОН 5, Nr. 5 (28.07.2015): 124. http://dx.doi.org/10.7251/gfp1505124i.
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This paper deals with some alternative sanctions of the criminal legislation in Bosnia and Herzegovina. Author pays attention to, first of all, replacing short-term imprisonment with the common good in freedom and house arrest with electronic surveillance, which was recently introduced in the Federation of Bosnia and Herzegovina, and the replacement of short-term prison sentence with a fine. Pointing out the scientific understanding of the need for the development and introduction of alternative sanctions and binding international documents, he examines the limitations of the existing legal desicions, the legislator notes inertia and resistance to general and political public for the legal solutions to be implemented in life. Finally, in the conclusion he says that there is a gap between law and reality that threatens the goal and purpose of alternative sanctions and also the fulfillment of international obligations which Bosnia and Herzegovina has taken in this area.
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Parker, Robin, Kathy Ferguson, Rob Canton und Olivia Klevan. „The Development of Alternative Sentences to Imprisonment in Ukraine“. Criminal Justice Matters 44, Nr. 1 (Juni 2001): 30–31. http://dx.doi.org/10.1080/09627250108552903.
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Hamdamiyan, Ahmad, und Ahmad Reza Behniafar. „Alternative Theoretical Foundations of Penal Sentences in Criminal Law with Regard to Iran's Islamic Penal Code 1392“. Journal of Politics and Law 9, Nr. 3 (28.04.2016): 40. http://dx.doi.org/10.5539/jpl.v9n3p40.
Annotation:
<p>The failure of penalties depriving liberty in the social rehabilitation of offenders and to reduce the jail population and prevention of recidivism and reduce the costs of implementing the policy of freedom depriving punishment sentence depriving freedom of recent decades and the United Nations was considering legal systems.In depriving Iran from its initial rounds of legislative measures to restrict the scope of punishment was considered free.since 1370 substitution of alternative measures of punishment now widely spread than ever before converting a penalty in the form of suspension of its operation are available depriving of freedom.</p>Alternatives to punishment of imprisonment in the Penal Code in 1992 was taken into consideration in the new Penal Code in 1392 in addition to the previous alternatives of new cases of alternative punishment of prison is considered that including the daily fine, public services and care period pointed out.
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Пушкарева, Ирина Александровна, und Любовь Николаевна Одинцова. „Female imprisonment in some foreign countries: causes, problems and implementation alternatives“. Vestnik Kuzbasskogo instituta, Nr. 2(47) (25.06.2021): 80–90. http://dx.doi.org/10.53993/2078-3914/2021/2(47)/80-90.
Annotation:
В статье рассматриваются проблемные вопросы увеличения количества женщин, отбывающих наказание в виде лишения свободы, приводится статистика заключенных женщин в разных странах мира (в зарубежных странах), выделяются основные факторы роста их числа, рассматриваются негативные последствия тюремного заключения для женщин. Авторами предпринята попытка обосновать комплекс возможных мер для сокращения числа женщин, приговоренных к лишению свободы за рубежом, на основе исследования причин и неблагоприятного воздействия заключения на последующую реинтеграцию женщин в общество, а также условий их содержания. Освещена практика решения существующих проблем в Соединенных Штатах Америки. Наряду с этим в работе уделено особое внимание перспективной практике в отношении альтернатив тюремному заключению. Проанализированы цели создания и содержание судов по делам о наркотиках как одной из распространенных альтернатив и в определенной мере уделено внимание службе пробации. Предметом исследования выступили иностранные источники по вопросам практики и предпосылок назначения уголовного наказания в виде тюремного заключения, проблемы его отбывания, поиск альтернатив, переведенные на русский язык. Цель и задачи работы - освещение зарубежной практики применения и сокращения тюремного заключения как вида наказания по отношению к женщинам. Методологическую основу статьи образуют традиционно применяемые в науке общенаучные и частнонаучные методы познания - диалектический, историко-правовой, сравнительно-правовой, анализ, герменевтический, формально-юридический и компаративистский, обобщение полученных данных. На основе анализа зарубежных источников и научных статей авторы обосновывают вывод о необходимости снижения наказаний в виде тюремного заключения в отношении женщин в мире. Материалы статьи будут интересны ученым и практикам, занимающимся борьбой с преступностью вообще и женской преступностью в частности. The article addresses the problematic issues of increasing the number of women serving prison sentences, provides statistics on female prisoners around the world, highlights the main factors of their growth, and considers the negative consequences of imprisonment for women. The authors attempted to justify a set of possible measures to reduce the number of women sentenced to imprisonment abroad, based on a study of the reasons and the adverse impact of detention on the subsequent reintegration of women into society, as well as their conditions of detention. The practice of solving existing problems in the United States of America is highlighted. In addition, the work focuses on promising practices on alternatives to incarceration. The objectives of establishing and maintaining drug courts as a common alternative have been analyzed and some attention has been paid to the probation service. The subject of the study was foreign sources on the practice and prerequisites for imposing imprisonment as a criminal sentence, the problems of its serving and the search for alternatives translated into Russian. The purpose and objectives of the work are to highlight foreign practices in the application and reduction of female imprisonment as a form of punishment. The methodological basis of the article is formed by the general scientific and specific scientific methods of cognition traditionally used in science, such as dialectical, historical, comparative legal, analysis, hermeneutic, formal-legal and comparativistic, synthesis of the obtained data. Based on an analysis of foreign sources and scientific articles, the authors come to the conclusion that it is necessary to reduce sentences of female imprisonment in the world. The materials of the article will be interesting to scientists and practitioners involved in the fight against crime in general and female crime in particular.
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Sallahudin, Sallahudin, und Mitro Subroto. „PENERAPAN PIDANA SEUMUR HIDUP BAGI NARAPIDANA DI INDONESIA“. Journal Justiciabelen (JJ) 3, Nr. 1 (10.01.2023): 23. http://dx.doi.org/10.35194/jj.v3i1.1804.
Annotation:
ABSTRAK Pembenaran untuk plot atau Pengertian kejahatan adalah perbuatan yang melakukannya. Setiap pelanggaran harus mengarah pada penuntutan terhadap pelakunya. Dasar dari pembebasan pidana adalah kategori imperatif yang membutuhkan kompensasi untuk setiap pelanggaran hukum. Keadilan dan pembayaran kembali yang sah merupakan kebutuhan yang mutlak, sepanjang tidak dapat dicabut pengecualian atau pembatasan yang semata-mata berdasarkan tujuan. Tujuan penelitian ini adalah untuk menetapkan bagaimana ketentuan yang mengatur pidana Hukum pidana menggunakan hukuman seumur hidup dan bagaimana penerapannya dalam sistem hukum nasional. Pengaturan pidana seumur hidup yang berlaku saat ini secara de facto implisit dalam hukum yang berlaku di Indonesia, dapat disimpulkan dengan menerapkan pendekatan penelitian hukum normatif. Hukuman seumur hidup selalu merupakan alternatif dari hukuman mati dalam hukum Indonesia, seperti juga selalu merupakan alternatif dari hukuman penjara 20 tahun. Dalam rangka pengaturan pidana hukuman seumur hidup ke depan, aparat penegak hukum memberikan langkah di antara mereka: melakukan tindakan pembahuruan hukum (reformasi hukum).ABSTRACTThe justification for the plot or crime lies in the occurrence of the crime itself. Every crime must lead to prosecution of the perpetrator. The basis of criminal acquittal is the category of imperatives requiring compensation for any violation of the law. Justice and legal repayment is an absolute necessity, as long as there are no exceptions or limitations based solely on purpose. The purpose of this study is to determine how the provisions governing life imprisonment in criminal law and how life imprisonment will be applied in the national legal system. By using the normative legal research method, it can be concluded that in principle the current life sentence criminal regulation is de facto implicit in the applicable law in Indonesia. In Indonesia's criminal system, life imprisonment is always an alternative to the death penalty and is always an alternative to a twenty-year prison sentence. In the context of regulating life imprisonment in the future, law enforcement officers provide a step between them: carrying out legal reform actions (legal reform).
26
Карханина, Людмила Владимировна. „EXECUTION OF SOME TYPES OF ALTERNATIVES TO IMPRISONMENT WITH RESPECT TO JUVENAIL OFFENDER BY PENITENTIARY INSPECTION“. Vestnik Samarskogo iuridicheskogo instituta, Nr. 1(37) (17.06.2020): 133–39. http://dx.doi.org/10.37523/sui.2020.37.1.019.
Annotation:
В современных условиях расширяется практика применения судами наказаний, альтернативных лишению свободы, в отношении несовершеннолетних. Это объясняется гуманизацией уголовной политики Российской Федерации, что соответствует рекомендациям общепризнанных международных актов и стандартов в области обеспечения прав несовершеннолетних правонарушителей. Таким образом, возникает объективная необходимость в ограничении применения к несовершеннолетним реального лишения свободы. Это в свою очередь должно повлечь за собой существенное расширение мер, не связанных с изоляцией осужденного от общества. Уголовно-исполнительное законодательство Российской Федерации определяет, что большинство наказаний, альтернативных лишению свободы, исполняются уголовно-исполнительными инспекциями. В связи с этим автором предпринята попытка проанализировать некоторые проблемные вопросы, возникающие при исполнении отдельных видов наказаний, альтернативных лишению свободы, в отношении несовершеннолетних. В статье рассматриваются вопросы организации воспитательной работы с осужденными к лишению права заниматься определенной деятельностью, возможности расширения мер поощрения несовершеннолетних, осужденных к ограничению свободы, перспективы законодательного урегулирования ответственности осужденных за неявку в инспекцию для постановки на учет, а также отдельные аспекты законодательного регулирования злостного уклонения несовершеннолетнего от отбывания наказания. In modern conditions, the practice of applying punishments alternative to imprisonment for minorities is expanding. This is due to the humanization of the criminal policy of the Russian Federation, which is consistent with the recommendations of generally recognized international acts and standards in the field of ensuring the rights of juvenile offenders. Thus, there is an objective need in limiting the use of real deprivation of liberty to minors. This, in turn, should entail a significant expansion of measures not related to the isolation of the convict from society. The penal legislation of the Russian Federation determines that the majority of punishments, alternative to imprisonment, are executed by criminal-executive inspections. In this regard, the author has attempted to analyze some of the problematic issues that arise during the execution of certain types of punishment, alternative to imprisonment for minors. The article deals with the organization of educational work with those sentenced to deprivation of the right to engage in certain activities; the possibility of expanding incentives for minors sentenced to restriction of liberty; the prospects of legislative regulation of the responsibility of convicts for failure to appear in the inspection for registration; At the same time, certain aspects of the legislative regulation of the malicious evasion of a minor from serving a sentence are considered.
27
Einat, Tomer. „How Effective is Criminal Fine Enforcement in the Israeli Criminal Justice System?“ Israel Law Review 33, Nr. 2 (1999): 322–38. http://dx.doi.org/10.1017/s0021223700016009.
Annotation:
Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal system in Israel. In elaborating alternatives to imprisonment, an integrated model, incorporating welfare and rehabilitation considerations, has emerged. Nevertheless, Israeli judges have remarkably few sentencing alternatives at their disposal, and the penal sanctions available to them can be counted on the fingers of one hand, namely, imprisonment, suspended prison sentence, probation, community service, and the fine.
28
Stankevič, Adam. „The Punishment of Murderers in the Noble Courts of the Grand Duchy of Lithuania in the Second Half of the 18th Century“. Lithuanian Historical Studies 24, Nr. 1 (09.12.2020): 31–60. http://dx.doi.org/10.30965/25386565-02401002.
Annotation:
This article gives an analysis of the punishment the noble courts of the Grand Duchy of Lithuania applied to murderers in the second half of the 18th century, where the noble courts acted as courts of first instance in hearing murder cases. The author aims to determine the catalogue of punishments applied in such cases and the trends in the application of punishments in terms of how they conformed with the valid legal norms of the day, and search for manifestations of the humanisation of the law. After an examination of 184 verdicts, the author found that in cases of wilful murder, the noble courts usually applied the death penalty as per the set laws. Exceptions applied only to individuals from the estate of nobles, who instead of receiving a death sentence were sometimes sentenced to lower or upper tower punishment, which was by law ordinarily applied to other crimes. At the same time, the executors avoided qualified ways of applying the death sentence (capital punishment). Of the qualified forms of punishment, only quartering was applied, usually to those convicted of the aforementioned crime, ritual murder, and, in some instances, in cases of robbery. Alternative forms of punishment were episodic, and were only applied to a small number of convicted persons: imprisonment as a form of punishment recommended by philosophers of the Age of Enlightenment was applied in only 5.3 per cent of murder cases. In most instances, imprisonment was related to the introduction of the 1782 Cardinal Laws of the Permanent Council. In this way, the research reveals the conservative nature of the estate of nobles in the Grand Duchy of Lithuania, and their efforts to continue to adhere to the strict law outlined in the Third Statute of Lithuania. It is likely that this practice could have been a result of the poor state of the penitentiary system, as there was not a single public prison in the Grand Duchy of Lithuania at the time where long-term imprisonment could have been possible.
29
Faizah, Dian Dwi Alifatul. „Implementasi Teori Hudud Menurut Pemikiran Muhammad Syahrur terhadap Upaya Pencegahan Tindak Pidana Korupsi di Indonesia“. Al-Jinayah Jurnal Hukum Pidana Islam 4, Nr. 2 (23.12.2018): 360–82. http://dx.doi.org/10.15642/aj.2018.4.2.360-382.
Annotation:
This article discusses the Implementation of Hudud Theory According to Muhammad Syahrur's Thought on Corruption Prevention Efforts in Indonesia. The theft of state money or commonly referred to as corruption according to Syahrur can be subjected to a maximum sentence of the opposite hand cut, the cross, exile or life imprisonment and the death penalty which is annihilated by hirabah. The Syahrur Hudud theory can be applied as a legal alternative for perpetrators of corruption in an effort to prevent corruption in Indonesia. The Shahrur Theory has similarities in the law that apply to corruptors in Indonesia, namely in Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. In the law, the death penalty is set as the maximum sentence for perpetrators of corruption in Indonesia. The death penalty is one of the maximum punishments that exist in the theory of Muhammad Syahrur's hud?d relating to criminal acts of corruption which are analogous to the hirabah. In addition, imprisonment and fines as minimum penalties for corruptors also have similarities within the minimum limits of the theory, namely repenting and returning all corrupted assets accompanied by fines. And prison is a place of seclusion that is expected to make the offender deterrent and repent and not repeat his actions.
30
Fahreshi Arya Pinthaka, Ali Masyhar und Cahya Wulandari. „Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency“. KRTHA BHAYANGKARA 18, Nr. 1 (30.04.2024): 141–54. http://dx.doi.org/10.31599/krtha.v18i1.1641.
Annotation:
This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code (KUHP), community service order is one of the main types of penalties that also serves as an alternative to short-term imprisonment, specifically for criminal offenses with a potential penalty of less than five years and where the judge imposes a maximum prison sentence of 6 (six) months. It also serves as a substitute for fines that do not exceed category II. This is an implementation of community service order to achieve the objectives of punishment and with the perspectives of justice and legal expediency.
31
Md Abdul Salam, Nur Zulfah, Norazla Abdul Wahab und Hammad Mohamad Dahalan. „COMPULSORY ATTENDANCE ORDER AS A REHABILITATION SENTENCE FOR SYARIAH OFFENDERS“. International Journal of Law, Government and Communication 8, Nr. 32 (01.06.2023): 124–37. http://dx.doi.org/10.35631/ijlgc.832011.
Annotation:
Syariah criminal proceedings in the Syariah Court are carried out through the provisions specified in the respective state's criminal procedure statute. State Syariah courts in adjudicating syariah criminal cases in Malaysia will impose punishment on offenders based on the rate and form of punishment that has been stated in the Jurisdiction of Syariah Courts Jurisdiction (Amendment 1965) Act or Act 355. The punishments imposed are fines, flogging and imprisonment. However, there is no practice of rehabilitative punishment given to offenders due to the ambiguity in the existing legal provisions. The provisions of the law only detail the rehabilitation or alternative punishment given to young offenders according to the age level of the young offender stated in the respective state statutes. As a measure to overcome the ambiguity, the government has now enacted the Compulsory Attendance Order Guidelines (PKW) as one of the alternatives to rehabilitative punishment. The implementation of this sentence will give space to offenders to serve their sentence outside of prison through the PKW that will be implemented. This study uses a qualitative methodology that uses semi-structured interview methods and refers to scientific writings, journals and books related to the discussion. The results of the study are focused to collect a finding on the implementation of Compulsory Attendance Order (PKW) as one form of rehabilitative punishment in sharia crimes that is in line with the concept of rehabilitative punishment in sharia criminal legislation in Malaysia.
32
Wolf, Elaine, und Marsha Weissman. „Revising Federal Sentencing Policy: Some Consequences of Expanding Eligibility for Alternative Sanctions“. Crime & Delinquency 42, Nr. 2 (April 1996): 192–205. http://dx.doi.org/10.1177/0011128796042002002.
Annotation:
Although the Sentencing Reform Act of 1984 advocated the use of “least restrictive alternatives,” the U.S. Sentencing Commission has devised guidelines that authorize prison for all felony convictions. Nonincarcerative sentences are available for low-level offenders, but research has shown that the use of probation and other alternative sanctions has declined since the full-scale adoption of the guidelines in 1989. Applying criteria for imposing sentences of imprisonment adopted by the National Council on Crime and Delinquency to U.S. Sentencing Commission data from 1992 and 1993, we show that a large number of cases in the federal caseload that were considered ineligible for nonincarcerative sanctions may merit “a second look” and be considered for alternative sentences.
33
Michalov, L., und D. Treshchakova. „Ethical aspects and personal data protection in the execution of home prison penalty“. Courier of Kutafin Moscow State Law University, Nr. 2 (10.04.2020): 160–72. http://dx.doi.org/10.17803/2311-5998.2020.66.2.160-172.
Annotation:
The home prison penalty is currently a part of the sanction system in the Slovak Republic and serves as a manifestation of so-called restorative justice. Restorative justice is represented by alternative sentences that are distinguished from real imprisonment for minor offences. Alternative penalties may include penalties that do not involve the deprivation of liberty associated with the isolation of a convicted person. The advantage of alternative sentences is that the offender is spared the destructive effects of imprisonment. The offender is not exposed to the negative aspects of this punishment and remains integrated into the society, being able to continue to maintain social, family and working relations, which can significantly improve the protection from the offender.At present, there are many unresolved issues regarding the execution of the punishment of home prison penalty, especially its execution through electronic monitoring, including the protection of personal data obtained through electronic monitoring equipment. Thus, the purpose of this article is to focus on these issues and present the authors’ views.
34
Satriadi, Satriadi. „The Problematics of Crimination of Self Narcotics Abusers“. Al-Bayyinah 5, Nr. 2 (01.12.2021): 186–95. http://dx.doi.org/10.35673/al-bayyinah.v5i2.1825.
Annotation:
The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive analytical. The findings in this study indicate that the type of crime (strafsoort) of narcotics abusers for oneself uses a single system formulation that is absolute and imperative, so that it does not provide space for judges to impose alternative punishments other than imprisonment. The duration of the sentence (strafmaat) uses a special maximum system. The punishment for group I is four years, for group II for two years and for group III for a maximum of one year, the threat of punishment is very heavy, because self narcotics abusers should prioritize coaching over imprisonment. The imposition of a criminal (strafmodus) is only imprisonment. The absence of action sanctions shows that the Narcotics Law prioritizes providing a deterrent effect rather than providing guidance to self narcotics abuser.
35
Asphianto, Aan. „Criminal Law Study on the Effectiveness of Prison Criminal in the Settlement of General Criminal Actions Related to the Indonesian Criminal Justice System“. Global Journal of Politics and Law Research 11, Nr. 3 (15.03.2023): 54–71. http://dx.doi.org/10.37745/gjplr.2013/vol11n35471.
Annotation:
The effectiveness and negative consequences of imprisonment have led to a new wave of penal policies, namely the tendency to avoid or limit the use of imprisonment and to improve the implementation of imprisonment. In other words, the study of criminal law on alternative crimes is intended for crimes that are classified as minor and one of the considerations is to address prison overcapacity. The problem of overcapacity of prisons is related to the judicial process of criminal cases, especially general crimes that are classified as light, because the criminal system itself causes problems due to the frequent imposition of prison sentences resulting in overcapacity of prisons. The purpose of this study is to identify and analyze criminal law studies on imprisonment in the settlement of general crimes, as well as to determine and analyze the effectiveness of imprisonment in the Indonesian justice system. This study uses normative juridical research, secondary data sources, and is analyzed qualitatively.
36
Nepomnyashchaya, Tatiana Viktorovna. „PROBLEMS OF IMPOSITION OF CRIMINAL PUNISHMENT ALTERNATIVE TO IMPRISONMENT“. Law Enforcement Review 2, Nr. 2 (02.10.2018): 80–89. http://dx.doi.org/10.24147/2542-1514.2018.2(2).80-89.
Annotation:
The subject. The article is devoted to problems of appointment some criminal punishments alternative to the deprivation of liberty by courts in Russian Federation. The author gives an answer to the question, why punishments not related to imprisonment in the Russian Federation, especially deprivation of the right to occupy certain positions or engage in cer-tain activities, corrective labor, restriction of freedom, forced labor, are rarely appointed by courts, and the most common alternative punishments are only fine and mandatory work.Methodology. Author uses such researching methods as analysis and synthesis, formally legal, comparative legal.Results. The author proposes some concrete measures, aimed at expanding the practice of appointment some criminal punishments alternative to the deprivation of liberty.It is necessary to reduce the size of the fine established in the Criminal Code of the Russian Federation. It is necessary to establish a penalty in the sanction of norms on crimes of small and medium gravity, committed for mercenary motives and connected with causing mate-rial damage.In order of more effective serving of punishments in the form of compulsory and corrective works, it is necessary to interest employers, it can be expressed in granting tax credit ben-efits. The searching of specific facilities for serving corrective labor should be assigned to employment centers.It seems expedient to introduce deprivation of the right to occupy certain positions or en-gage in certain activities as the main type of punishment to all sanctions of the norms about the responsibility for crimes of small or medium gravity related to the professional activities of the person. It is necessary to eliminate gaps in the legislative regulation of punishment in the form of restricted liberty and to solve the problem of electronic monitoring of convicts using elec-tronic bracelets.Conclusions. The punishment in the form of deprivation of liberty should be appointed by courts only in cases, when the crime is highly dangerous, the identity of the criminal is also characterized by a high degree of public danger. Serious changes are also needed in the legislative regulation of sentences not related to deprivation of liberty, and a number of other organizational measures aimed at expanding the practice of applying these punish-ments.
37
А. B., Skakov. „PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN“. Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, Nr. 1 (22.12.2020): 47–62. http://dx.doi.org/10.32755/sjcriminal.2020.01.047.
Annotation:
The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progressive system has acquired a completely finished form and can be considered the basis of all punitive and educational impact on convicts. The need for a more detailed classification of positively characterized convicts has been also actualized. In this case, each positive degree of behavior of convicts must correspond to certain conditions of detention and institutions of the progressive system, namely: upon reaching the 1st positive degree, the convict is kept in the usual conditions of a correctional institution (the institution of changing conditions of detention within one correctional institution); at the 2nd positive degree – transferred to lighter conditions of detention; at the 3rd positive degree – transferred to preferential conditions of detention; upon reaching the 4th positive degree – transferred to an institution of another type; at the 5th positive degree – the institution of replacement of punishment is applied; at the 6th positive degree – parole of the convicted person is possible. A proposal regarding the release of the court from the function of changing the process of executing the sentence has been formulated, in order to entrust it to the supervisory commissions created at the correctional institution. The court will only appoint the type of punishment, and the execution of the court`s decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The necessity of further improvement of legal regulation of the process of execution of punishments, alternative to imprisonment, according to the progressive system is substantiated. Key words: criminal policy, humanization, deprivation of liberty, punishments alternative to imprisonment, progressive system of execution of imprisonment, conditions of detention, behavior of convicts.
38
Azahari, Nurhidayah, und Zanariah Dimon. „Amalan Semasa Pelaksanaan dan Penguatkuasaan Hukuman Alternatif Pemulihan Menurut Undang-Undang Syariah di Malaysia“. Journal of Muwafaqat 5, Nr. 2 (31.10.2022): 1–15. http://dx.doi.org/10.53840/muwafaqat.v5i2.127.
Annotation:
Hukuman sedia ada di Mahkamah Syariah pada hari ini adalah tertakluk kepada Akta Mahkamah Syariah (Bidang kuasa Jenayah) 1965 pin. 1984 yang jelas memperuntukkan hukuman maksima tiga tahun penjara, RM5000.00 denda dan enam kali sebatan atau mana-mana kombinasi hukuman tersebut. Walau bagaimanapun, amalan penghukuman tersebut hampir mencapai empat dekad pelaksanaannya. Kesalahan jenayah syariah khususnya yang melibatkan kesusilaan pada hari ini dilihat semakin memuncak seiring dengan arus permodenan teknologi yang semakin meluas. Ekoran daripada itu, hukuman yang diperuntukkan hampir empat dekad ini dilihat semakin kurang relevan dan sebagai langkah mengurangkan kadar jenayah syariah, keperluan untuk melaksanakan satu bentuk hukuman gantian iaitu hukuman alternatif pemulihan adalah penting untuk dikuatkuasakan secara menyeluruh. Kertas ini adalah untuk menjelaskan amalan semasa pelaksanaan hukuman alternatif pemulihan kepada pesalah syariah di empat negeri yang telah dipilih. Metodologi yang digunakan adalah kajian kualitatif dengan mengaplikasikan instrumen kajian perpustakaan dengan merujuk kepada bahan-bahan bacaan dan kajian-kajian lepas. Manakala bagi tujuan pengumpulan data dan maklumat, kaedah temu bual telah diaplikasikan. Kajian ini juga telah menggunakan analisis secara induktif. Justeru itu, hasil kajian akan membincangkan dan menghuraikan bagaimanakah tahap pelaksanaan dan penguatkuasaan hukuman alternatif pemulihan menurut undang-undang syariah di Malaysia pada masa kini yang meliputi empat negeri yang dipilih oleh pengkaji iaitu Selangor, Pulau Pinang, Kelantan dan Johor. Basically, the Syariah sentences in syariah courts are subject to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Amendment) 1984 which provide a maximum penalty of three years imprisonment, fines up to RM5000 and whipping up to six lashes or a combination. However, the execution of the sentence is already practicing for almost four decades. Due to modernization, moral offences are significantly increasing and the current implementation of the penalty are irrelevant as a measure to reduce the moral offences. Thus, there is a need to implement an alternative sentence for rehabilitation. This paper aims to explainand discuss the current practice and enforcement of an alternative sentences to syariah offender in Selangor, Pulau Pinang, Kelantan and Johor. The methodology is using a qualitative research which include library based research on the past studies. While for the purpose of collecting data and information, an interview hasbeen conducted. This studies also applied an inductive method for the analysis.Hence, the result of the studies discuss and elaborate the current practice and enforcement of alternative sentences for rehabilitation to syariah offender according to syariah law in Malaysia particularly on four selected states which are Selangor, Pulau Pinang, Kelantan dan Johor.
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Masrur, Toha, und Budimartono Budimartono. „Lifetime Imprisonment in the Perspective of Human Rights“. Journal of Law and Legal Reform 2, Nr. 2 (30.04.2021): 311–20. http://dx.doi.org/10.15294/jllr.v2i2.46488.
Annotation:
Lifetime imprisonment applied in Criminal Justice System in Indonesia and it raised pros and cons in the practices. However, this kind of punishment has a long time history for Indonesian criminal law. On the other side, this punishment often criticized by legal experts especially related to human rights. The Republic of Indonesia has guaranteed the protection of human rights, based on the provisions of the law, and not including the will of a person or a group that can be the basis of power. In this case, the 1945 Constitution has regulated the human rights that have been enshrined and described in article 28 letter A to article 28 letter J. therefore, the certainty in the article can be attributed using Law No. 39 of 1999 on Human Rights which explains that everyone has the right to live in a peaceful, secure, and peaceful society and state that respects, protects, and fully implements human rights and basic human obligations as regulated in this law. The implementation of life sentence decisions in the Indonesian legal system contradicts human rights, namely the right to live independently in accordance with the values ​​of pancasi1a and the 1945 constitution. In the criminal system in Indonesia, life imprisonment is one of the alternatives to the death penalty. Lifetime imprisonment is related to the subsidiary function which is a substitute for a criminal who is punishable by a maximum death penalty. The punishment is the classification of criminal sanctions that can be selected in its implementation.
40
Walancik, Marek, und Beata Zawiślak. „Ties With the Families of Convicts Serving a Sentence Deprived of Liberty in the Electronic Monitoring System (SDE)“. Journal of Vasyl Stefanyk Precarpathian National University 10, Nr. 3 (30.09.2023): 83–97. http://dx.doi.org/10.15330/jpnu.10.3.83-97.
Annotation:
The article contains the content and analysis of the results of research relating to serving a prison sentence in the Polish penitentiary system in the Electronic Monitoring System (SDE here and after) in the context of maintaining ties with the social environment, with the family in the assessment of probation officers. The penitentiary system is not limited to isolation. Serving certain forms of punishment outside prisons also contributes to relieving the penitentiary system. The Electronic Monitoring System is an alternative form of execution of the penalty of imprisonment. It allows the state to exercise control over the convict's behavior by means of technical means, eliminating the need for penitentiary isolation as a criminal law response. It is a form of reaction with a much lower degree of discomfort, devoid of the negative consequences associated with isolation, such as demoralization, weakening of family and social ties, change of environment, loss of autonomy, economic degradation or stigmatization. It is an interesting activity related to modern solutions in the field of law, upbringing and family, applied in practice. The probation officer plays an important role in the course of serving the sentence by the convict in SDE, in his social rehabilitation and social adaptation. He is a specialist responsible for supervising and supporting the convicted person. The probation officer performs tasks aimed at implementing court decisions, helps the convict return to society, and prevents re-offending. The key aspect of serving a sentence in SDE is the convict's ability to maintain family ties, his social rehabilitation, the process of preparing for return to society, re-adaptation to social conditions. Serving a sentence in an SDE allows you to maintain family ties, which in turn reduces the risk of recidivism. The prepared and presented content is part of resocialization pedagogy, penitentiary pedagogy, and family pedagogy.
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Agabekyan, Alla L. „The COVID-19 pandemic in places of detention and its impact on the use of alternative sanctions“. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, Nr. 42 (2021): 5–19. http://dx.doi.org/10.17223/22253513/42/1.
Annotation:
The COVID-19 pandemic has led to economic, political and social crises and has also exposed a number of problems in the penitentiary systems of states. The article analyses both the negative and positive consequences of the spread of coronavirus in prisons and pre-trial detention facilities. Overcrowding in prisons remains the most important reason for the increased risk of infection within prisons, leading to violations of prisoners' rights. The paper examines the problems associated with health care and hygiene in prisons. Based on the experience of foreign countries, a comparative legal analysis is made of the range of restrictive measures taken by states due to the pandemic. For example, measures to release convicts in Germany, France and Iran are described; the minimisation of custodial sentences in the UK is noted. The issue of the violation of convicts' rights to receive visits from relatives and close friends, as well as lawyers and representatives of public organisations, is thoroughly investigated. In this connection, particular attention is paid to international instruments guaranteeing the protection of convicted persons against torture and other cruel, inhuman or degrading treatment. The entire international community - international organisations such as the UN, WHO, PRI, Human Rights Watch and others - has engaged in addressing these problems. The way out of the crisis is seen in the use of non-custodial measures at all stages of criminal justice administration, including at the pre-trial and trial stages, as well as after sentencing. At the pre-trial stage, it is preferable to impose non-custodial measures and to replace pre-trial measures with alternatives, as appropriate; at the trial stage to impose non-custodial sentences; at the post-trial stage to choose one of the optimal solutions for a given state during an emergency situation: early release (unconditionally), conditional release, temporary release, replacement of the sentence with a milder non-custodial one, as well as amnesty Particular attention is paid to preventive measures taken by the Russian Federal Penal Correction Service and to proposals for improving the legislation and law enforcement activities of the authorities. Given the global trend towards a decrease in the use of imprisonment and an increase in the proportion of prisoners serving sentences without isolation from society, the author proposes reforms in the application of "community" sanctions and measures by creating or strengthening probation systems.
42
Mulyadi, Lilik. „PEMIDANAAN TERHADAP PENGEDAR DAN PENGGUNA NARKOBA : Penelitian Asas, Teori, Norma dan Praktik Peradilan“. Jurnal Hukum dan Peradilan 1, Nr. 2 (31.07.2012): 311. http://dx.doi.org/10.25216/jhp.1.2.2012.311-337.
Annotation:
Formulation types of criminal sanctions (strafsoort) is considered the most appropriate, appropriate and fair for appropriate drugdealers Narcotics Act (Act No. 35of 2009) and Psychotropic Substances Act (Act No. 22 of 1997) andjudicial practicebe assessedfrom the perspective of the principles, theories, norms andjudicial practiceis a system of cumulative-alternative formulation (mixed /combined) between the death penalty, life imprisonment or imprisonment, or a fine, while the length of the formulation of criminals anctions (straafmaat) is considered the most appropriate, appropriateand fair sentenceis a determinate system in the form prescrib edlimit minimum and maximum criminal threats. Punishment for drug user alyzed from the perspective of the principles, theories, norms and practices of its application to the dealers to berelatively severe punishment metedranging from the death penalty, life imprisonment and criminal casesover the past 15-20 years. The nthenature of drug users a sactors (daders) and a victim (victims) in addition to drug crimeshould bedropped also dropped criminal sentencing rehabilitationas stipulated in Article 127 of LawNo. 35 of 2009 for narcoticaddicts. Keywords: Formulation types of criminal sanctions, formulation of criminals anctions (straafmaat)
43
Dobryakov, Denis A. „Imprisonment and organization of prison labor in Scandinavian states“. RUDN Journal of Law 26, Nr. 2 (28.05.2022): 403–18. http://dx.doi.org/10.22363/2313-2337-2022-26-2-403-418.
Annotation:
The development of society and dominant ideas about humanism and human rights require actualization of the legal regulation of various areas of social relations. It also involves the issues of criminal punishment, process and conditions of its execution, and the prison labor of convicts. This article is devoted to the analysis of the Northern Europe states’ experience of penal systems organization and especially conditions of the imprisoned persons’ labor. The issues of convicts’ recruitment goals, mandatory nature of their labor and alternative types of activities, grounds and procedure for remuneration of the work they perform are in the focus. In addition to the “traditional” Scandinavian states (Sweden, Denmark, and Norway), attention is also paid to the experience of Finland, which is close to the above states in many ways. The analysis of foreign practices is carried out in the context of problems existing in the penitentiary system of the Russian Federation. The results and formulated conclusions may be useful for subsequent scientific research, as well as revising Russian legislation and law enforcement practice connected with prison sentences execution and labor administering.
44
Tobing, Noel Tua Lumban. „COMMUNITY BASED CORRECTION: METODE ALTERNATIF MENGATASI OVERCROWDED“. Literacy: Jurnal Ilmiah Sosial 1, Nr. 1 (28.05.2019): 41–51. http://dx.doi.org/10.53489/jis.v1i1.9.
Annotation:
The emergence of the community based correction method begins with the practice of imprisonment which by many countries tends to be seen as the only type of punishment until the longer the prison conditions become overcrowded and actually have a worse impact on the perpetrators. The need for other alternative crimes to avoid more prison construction eventually gave birth to the CBC concept. In review from the SMS data of the director general of PAS laps in march 2020 the number of prison and remand center residents in indonesia was oververcrowded, with a total of 270,415 while its capacity was only 132,531. this proves that alternative crimes are necessary to reduce the number of prison and remand center residents. Community based correction is an alternative method of non-imprisonment which aims to re-assault the perpetrators into the community, in other words the perpetrators are not jailed but serve their sentences in the community so that the community can participate in the guiding process of convicted persons. The study aims to analyze alternative methods of coping with overcrowded. The method used in this study is descriptive with qualitative method as the primary data for researching. And for secondary data conducted a review of libraries and law no. 12 of 1995 on correctional as additional data. The results and conclusions obtained from this study that several basic principles are needed to implement the open prison operational program.
45
Žukauskienė, Lilia, Vaidas Viršilas und Carl Åke Farbring. „OPPORTUNITIES OF SOCIO-EDUCATIONAL ASSISTANCE TO INDIVIDUALS SERVING ALTERNATIVE TO IMPRISONMENT SENTENCES: THE PROGRAMME BEHAVIOUR-CONVERSATIONCHANGE APPLICATION ANALYSIS“. SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 3 (26.05.2017): 307. http://dx.doi.org/10.17770/sie2017vol3.2263.
Annotation:
The paper focuses on the issue of socio-educational assistance to alcohol addicts serving non-custodial sentences in the Probation Department of Klaipėda Regional Probation Service. It comments on the results of the behavioural correction programme Behaviour-Conversation-Change (BCC), applied to the individuals serving non-custodial sentences. The research was based on the qualitative research strategy. The conducting of the research was underpinned by the works of W.R. Miller, S.Rollnick (1991, 2002) and numerous other authors on a motivational interview, as well as on a motivational interview-based programme Behaviour-Conversation-Change to be used by the penal system institutions (Farbring, Berge, 2004). The participants of the research were individuals with alcohol addicts, serving non-custodial sentences in the Probation Department of Klaipėda Regional Probation Service. In the period 2012 to 2017, 160 respondents took part in the research (accordingly, the sample was 151 respondents). The changes in the respondents' behaviour were recorded by means of the SOCRATES 8A 19 question- scale (The Stages of Change Readiness and Treatment Eagerness Scale), designed to evaluate three key components: problem recognition, ambivalence, and the steps taken (Miller, Tonigan, 1996). The changes were evaluated at the beginning and at the end of the Behaviour-Conversation-Change programme. As proved by the findings, the impact of the Behaviour-Conversation-Change programme was positive at the recognition and the step taking stages. The results achieved in the application of the Behaviour-Conversation-Change programme meaningfully differed, given the officers approach to the programme.
46
Zvonov, Andrey, und Andrey Savin. „Improving the Mechanism of Using Coercive Medical Measures Associated with Punishments Without Isolation from Society: from Sentencing to Exemption from Sentence“. Russian Journal of Criminology 14, Nr. 5 (20.11.2020): 735–44. http://dx.doi.org/10.17150/2500-4255.2020.14(5).735-744.
Annotation:
The authors analyze doctrinal interpretation of the procedure for the imposition and enforcement of compulsory medical measures suggested by various scholars specializing in criminal and penitentiary law. Only a uniform understanding of the legal nature of the necessity to regulate these measures will make it possible to ascertain the final formation of the institute of coercive medical measures as an established institute of Russian criminal legislation and to work out measures of improving the procedure of their enforcement. The relevance of this study is connected with the need to improve the effectiveness of the criminal legislation norms in the sphere of ensuring the security of the society against publically dangerous actions of persons with psychiatric disorders who are sentenced by the court to coercive medical measures. The authors examine the problem of the possibility of sentencing them to penalties that are alternative to imprisonment. They have analyzed and compared a number of norms of criminal and penitentiary legislation, pointed out obvious gaps, and presented suggestions on bridging them. The authors draw attention to the necessity to streamline and clearly distribute the functions of enforcing court decisions regarding criminal law measures between the subjects of enforcement; they also suggest the introduction of corresponding amendments into criminal, criminal procedure and penitentiary legislation.
47
Munjiü, J. R. „A Critical Review of the Institute of Multiple Recidivism in the Modern Criminal Law of the Republic of Serbia: The Controversy of the Current Legal Solution and Possible Solutions“. Kutafin Law Review 10, Nr. 4 (12.01.2024): 788–816. http://dx.doi.org/10.17803/2713-0533.2023.4.26.788-816.
Annotation:
After being derogated several times, the institute of multiple recidivism was re-incorporated into the Republic of Serbia’s positive criminal legislation with the intention of giving intentional perpetrators of crimes punishable by imprisonment, who were previously convicted at least twice for criminal offenses committed with intent to imprisonment for at least one year, harsher penalties and disabling them from committing criminal offenses in the future. Numerous disputed scenarios required national jurisprudence to find solutions, with the challenges of calculating the criminal range and the level of the lower threshold of the imposed criminal sentence standing out in particular. The observed institute was analyzed primarily through the prism of rationality, justification, and expediency of the current normative solution, within which the author attempted to provide answers to potentially contentious issues. The findings of the conducted research indicated that the new concept of the institute of multiple recidivism is incorrect because the threshold of half the penal range is excessively high and does not leave enough space for the court to objectively weigh the circumstances of each specific case. Furthermore, the findings suggest that in some cases, an approach based on alternative measures may be a more convenient solution, as well as that the application of the existing legal solution regarding the observed institute is merely legitimate in relation to some categories of perpetrators who are declared “incorrigible.” The conducted research concludes that, due to the arguments presented in the paper, there is a high likelihood that the institute of multiple recidivism will again be derogated from the Republic of Serbia’s legislation if the provision of Art. 55a of the Criminal Code remains unchanged.
48
Agildin, Vladimir, und Elena Bodrova. „Punishment for Unauthorized Leaving of Military Unit or Place of Duty“. Academic Law Journal 23, Nr. 2 (12.07.2022): 170–78. http://dx.doi.org/10.17150/1819-0928.2022.23(2).170-178.
Annotation:
The article is devoted to the types of punishment and the peculiarities of their execution for the crime under Article 337 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). It is noted that unauthorized leaving of service is a crime committed by a special subject – a serviceman. Responsibility for such an offense is a part of its status. Such types of punishment as arrest, imprisonment, as well as special types of punishment inflicted to the special subject of the crime in question are considered: detention in a disciplinary military unit, restriction on military service. Particular attention to the procedure for serving a sentence in the form of arrest at the guardhouse, detention in a disciplinary military unit is paid. The judicial practice of military courts in terms of imposing the penalties under consideration has been analyzed. According to the results of the study it is proposed to change the current legal regulation. It is advisable in the sanction of part 1 of article 337 of the Criminal Code of the Russian Federation to replace the arrest for up to 6 months with a disciplinary arrest for up to 45 days due to the fact that this act is committed by military personnel on conscription is not long, and arrest with a maximum period is quite severe punishment. It is also proposed to exclude part 2 of Article 337 of the Criminal Code of the Russian Federation and at the same time introduce these provisions into Article 313 of the Criminal Code of the Russian Federation, since the content in a disciplinary military unit is an alternative to imprisonment.
49
Siregar, Arjuna Al Ichsan, Muhammad Endriyo Susila und Indra Firmansyah. „Keadilan Restoratif sebagai Upaya Penguatan Sistem Penegakan Hukum Terhadap Pelaku Penyelundupan Pengungsi“. Jurnal Hukum Ius Quia Iustum 29, Nr. 3 (01.09.2022): 567–90. http://dx.doi.org/10.20885/iustum.vol29.iss3.art5.
Annotation:
The purpose of the research is to analyze first, the criminal arrangement of the perpetrators of refugee smuggling and its implementation in Indonesia. Second, if a restorative justice approach can be an alternative in an effort to strengthen the criminalization process for perpetrators of refugee smugglers. This normative juridical research uses a statutory and conceptual approaches. The results of the study conclude that first, criminal arrangements for perpetrators of smuggling refugees in Indonesia are regulated in Article 120 of Law Number 6 of 2011 on Immigration (Immigration Law). The regulation is very simple and in its implementation creates obstacles for law enforcement officers, including the absence of special rules, the absence of differentiating the threat of criminal sanctions between perpetrators, and obstacles in regulating the threat of special minimum and maximum imprisonment sanctions which are considered to greatly limit the space for law enforcers in an effort to provide fair punishment for the perpetrators. Second, the restorative justice approach can be an alternative in an effort to strengthen the criminal justice process against perpetrators of refugee smugglers by integrating them into the criminal justice system. The process of meeting between perpetrators and victims as well as the community runs in parallel with the process in court and the results can be considered by the judge when they want to impose a sentence on each perpetrator of refugee smuggling.
50
Научитель, Олена Давидівна, und Юрій Іванович Гулий. „МЕХАНІЗМИ ПСИХОЛОГІЧНОГО ЗАХИСТУ ЯК ЗАСОБИ ПОДОЛАННЯ ПЕНІТЕНЦІАРНОГО СТРЕСУ ЮНАКАМИ, ЩО ВІДБУВАЮТЬ ПОКАРАННЯ В МІСЦЯХ ПОЗБАВЛЕННЯ ВОЛІ“. Humanities journal, Nr. 4 (19.12.2018): 75–85. http://dx.doi.org/10.32620/gch.2018.4.09.
Annotation:
Problem formulation. Due to the problem of the role and place of psychological protection mechanisms as a way to overcome stress, the question remains as to how the initial or final stage of the youth’s stay in detention centres imprints on the manifestation of mechanisms of psychological protection and on the nature of the interconnections of ways to overcome penitentiary stress with forms of penitentiary stress. The purpose of the study is to identify the specifics of the impact of the first and last six months of serving a prison sentence on the manifestations of mechanisms of psychological protection as ways of overcoming penitentiary stress of the youth who are in detention centres. Research methods. Method of conversation and testing. Sample description. 50 young people serving the sentence for the first time in a correctional colony took part in the research. Results of the research. Summing up the research it is possible to state both similar tendencies and differences. Whether it comes to a stage of adaptation or the last six months of imprisonment, the most active ways of overcoming the penitentiary stress in young men are the mechanisms of psychological protection: compensation, negation and projection, although there are certain manifestations of all others. Consequently, the preservation of the positive assessment of oneself happens due to the attribution of real or diffused alternative successes to yourself in other spheres; the refusal to admit the existence of certain facts, the transformation of reality in order to adapt it to its behavior; an unconscious process in which a person attributes their feelings, desires and abilities to others, because they understand that they are socially inappropriate. The relationship between the indicators of mechanisms of psychological protection is also the same – close interweaving of most of them among themselves and the absence of any connection to the return to children’s forms of behavior, "falling into childhood" with other mechanisms of psychological protection. The beginning or almost completion of imprisonment provokes certain differences in manifestations of the mechanisms of psychological protection of personality from the consequences of penitentiary stress. During the first six months of serving sentences, boys often turn to childlike forms of behavior, as a means of eliminating the threat to physical and psychological well-being, in order to overcome penitentiary stress. In the last six months of serving sentences, boys often deny and compensate. These means contribute to displacement of depressing thoughts out of the mind, which are associated with staying behind bars. So, that makes it possible to compensate them for the protection of their «self» from anxiety, suffering, «inferiority complex». Only among boys who still need to adapt to their new role in detention centres, there is a direct relationship of the ways to overcome penitentiary stress through rationalization, projection, hypercompensation, compensation, denial of forms of penitentiary stress: memory impairment and concentration of attention, problems with sleeping. «Childish» reactions or forms of behavior, or the replacement of a goal that is inaccessible to another that is possible to achieve, conflicts with optimism as a form of penitentiary stress.