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1
Freiburger, Tina L., Kareem L. Jordan, and Carly M. Hilinski-Rosick. "A Multivariate Analysis of Incarceration and Sentence Length Decisions for Older Defendants." Criminal Justice Policy Review 30, no. 7 (April 10, 2018): 1064–85. http://dx.doi.org/10.1177/0887403418765911.
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This study examines sentencing decisions for older defendants, and how legal and extralegal variables differently affect older defendants. Using data from the Pennsylvania Commission on Sentencing, the results indicate that defendants above the age of 50 are less likely to be sentenced to prison and jail and are more likely to be sentenced to a community sanction. For sentence length, however, those aged 50 and above receive significant longer jail sentences than those aged 18 to 29 and longer prison sentences than both those aged 30 to 49 and 18 to 29. The results also indicate that offense severity and prior record have a more negative effect on older defendants during the incarceration decision. During the sentence length decision, however, the opposite is found for the effect of offense severity. These findings are discussed and are used to make suggestions for future research and policy implications.
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Stemen, Don, and Andres F. Rengifo. "Reconciling the Multiple Objectives of Prison Diversion Programs for Drug Offenders: Evidence From Kansas’ Senate Bill 123." Evaluation Review 35, no. 6 (December 2011): 642–72. http://dx.doi.org/10.1177/0193841x12439194.
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Background: In recent years, several states have created mandatory prison-diversion programs for felony drug possessors. These programs have both individual-level goals of reducing recidivism rates and system-level goals of reducing prison populations. Objective: This study examines the individual level and system level impact of Kansas’ Senate Bill 123 (SB 123), which created mandatory probation/treatment sentences for felony drug possessors. Research Design: A nonrandomized quasi-experimental design was used to evaluate the recidivism rates of drug possessors sentenced to SB 123 relative to drug possessors sentenced to standard probation, intensive probation, or prison. Propensity score matching techniques were used to identify comparison groups. Changes in probabilities of prison sentences preimplementation and postimplementation were used to assess changes in prison admissions and prison populations. Subjects: The treatment group included all eligible drug possessors sentenced to SB 123 between November 1, 2003, and October 31, 2006. The comparison groups included all eligible drug possessors sentenced to standard probation, intensive probation, or prison during the same time period. Measures: Arrests, violations, revocation resulting in a prison sentence, and reconviction resulting in a prison sentence within 24 months of risk in the community served as the key individual-level outcome measures. Prison admissions and bed days served as the key system-level outcome measures. Results: At the individual level, SB 123 increased likelihood of recidivism compared to standard probation and had no significant effect compared to intensive probation or prison. At the system level, SB 123 diverted offenders from prison at sentencing but only marginally reduced prison admissions or saved bed days. Conclusions: Conflicting impacts are a consequence of program design—eligibility requirements diverting probation-bound offenders, mandatory sentencing requiring the same diversion sentence for all offenders, and diversion sentences longer than those imposed preimplementation. Results cast doubt on the effectiveness of mandatory diversion programs to achieve both individual-level and system-level impacts.
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Keinänen, A., M. Kilpeläinen, J. Pajuoja, and S. Tyni. "Prison Leave in Finland: Legal and Empirical Fundamentals of an Established Practice." European Journal on Criminal Policy and Research 26, no. 2 (December 26, 2019): 177–93. http://dx.doi.org/10.1007/s10610-019-09434-2.
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AbstractPrison leave was introduced into the Finnish legal system in 1971, with the aim to reduce negative effects of institutionalization and disadvantages caused by the length of the prison sentence. After the total reform of prison legislation in 2006, the role of the prison leave has become even more central; the number of prisoners has decreased, but the amount of prison leave has increased. Historically, the length of the sentence has been the most common ground for prison leave. A prisoner can be granted a prison leave when two thirds of the prison term has been served, for example, after 2 years if the length of the total sentence served in prison is 3 years. However, during the past 10 years, prison leave based on an important reason has grown into the most common type of prison leave. This indicates a structural change from the rigid legal rules to a more flexible practice. In 2018, there were about 17,000 prison leave applications, and over 13,000 of those were granted, i.e. 79%. The conditions were breached 466 times, which is 3.5% of all prison leaves. The most common breaches of prison leave conditions were returning from a prison leave after the set time limit or under the influence of alcohol or drugs. The majority of prison leave applications are decided in the prisons. On the other hand, for example, the decision on the prison leave of a life-sentenced prisoner is made by the Criminal Sanctions Agency. There have been significant differences in the probability of granting prison leave, which are emphasized especially in the practices of closed prisons. Among those prisoners who serve longer than 1 year in prison, the application rate of prison leave rises over 90%. For the sentences under 3 months, it is less than 20%.
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Fritsch, Eric J., Tory J. Caeti, and Craig Hemmens. "Spare the Needle but Not the Punishment: The Incarceration of Waived Youth in Texas Prisons." Crime & Delinquency 42, no. 4 (October 1996): 593–609. http://dx.doi.org/10.1177/0011128796042004006.
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The primary purpose of judicial waiver is to impose more severe sanctions on offenders than are available in juvenile court. This article explores two dimensions of sanction severity, sentence length and actual time served, to determine if juveniles waived to adult court do receive more severe sanctions. Data were collected on all youth waived to adult court from 1981-1993 and sentenced to prison (n = 946). Juveniles in this population consistently received longer sentences than are available in juvenile court. When actual time served was taken into consideration, however, these youth rarely served more lengthy sentences than are available in juvenile court, serving an average of only 27% of their original sentence.
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McKelvie, Stuart J. "Effects of Sex of Judge and Sex of Victim on Recommended Punishment of a Male Murderer in a Mock Scenario." Psychological Reports 91, no. 2 (October 2002): 533–36. http://dx.doi.org/10.2466/pr0.2002.91.2.533.
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Two samples of undergraduates (36 women, 7 men; 44 women, 45 men) read a mock transcript in which a murderer's victim was a man or a woman, after which they made prison sentence and death penalty judgments. Female judges gave longer sentences for the female victim than for the male victim, whereas male judges gave longer sentences for the male victim than for the female victim. This same-sex bias suggests that extralegal factors can affect judgments about sentencing.
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HUANG, W. S. WILSON, MARY A. FINN, R. BARRY RUBACK, and ROBERT R. FRIEDMANN. "Individual and Contextual Influences on Sentence Lengths: Examining Political Conservatism." Prison Journal 76, no. 4 (December 1996): 398–419. http://dx.doi.org/10.1177/0032855596076004003.
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This study examined the impact of legal, extralegal, and contextual variables on prison sentence lengths for violent felons sentenced in Georgia from 1981 to 1989. Multiple linear regression analyses were conducted for all violent crimes and separately for four types of violent crime: murder and manslaughter, rape, aggravated assault, and robbery. Results indicated that the legally relevant factors—seriousness of the crime and number of convictions—had the strongest influence on sentence lengths. Across most violent crimes, male, older, and better-educated offenders received longer sentences than those without such characteristics. Political conservatism had a positive effect on sentence lengths for overall violent crime, robbery, and aggravated assault. Interaction effects for political conservatism and the number of convictions were significant, indicating that sentence length increased disproportionately as a court's conservatism and the felon's number of convictions increased. Findings suggest that political conservatism is an important contextual feature affecting prison sentence length.
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Lehmann, Peter S., Ted Chiricos, and William D. Bales. "Sentencing Transferred Juveniles in the Adult Criminal Court." Youth Violence and Juvenile Justice 15, no. 2 (November 11, 2016): 172–90. http://dx.doi.org/10.1177/1541204016678048.
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Much prior research has demonstrated that race and ethnicity are associated with harsher punishment outcomes among adult defendants in the criminal court. However, few studies have explored these disparities in the sentencing of juvenile offenders who have been transferred to the adult court, and this research has reported conflicting findings. Moreover, the ways in which offenders’ race and ethnicity may interact with their sex, age, and offense type have yet to be explored among this population. Analysis of defendants sentenced in Florida ( N = 30,913) reveals that Black transferred juveniles are more likely to be sentenced to jail or prison and are given longer prison sentences than Whites, but Hispanic youth are only penalized in the sentence to jail. Interaction analyses suggest that Black males are sentenced particularly harshly regardless of age, and the effects of race and ethnicity are conditioned by a violent, sex, or drug offense.
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Tait, David. "The Invisible Sanction: Suspended Sentences in Victoria 1985–1991." Australian & New Zealand Journal of Criminology 28, no. 2 (June 1995): 143–62. http://dx.doi.org/10.1177/000486589502800202.
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Do suspended prison sentences keep down the prison population? This objective lay behind the introduction of this measure to Victoria in 1985. British literature on suspended sentences suggests that this objective is unrealistic, and that precisely the opposite happened in Britain: a (lagged) blow-out in the prison population when suspended sentences became activated. The initial and longer-term impact of suspended sentences is tested with available data from magistrates courts, higher courts and prison censuses. The evidence from these sources confirms that a decline in the use of immediate imprisonment coincided with a growth in the use of suspended sentences. Some of this decline was temporary, as orders were breached and prison sentences activated. However, the net effect was a drop in the use of imprisonment. The avoidance of a lagged increase in the prison population was achieved by a combination of factors: short operational periods, a low breach rate, and extensive use of discretion in re-sentencing. Despite the apparent success of this sanction, it is largely invisible from the public debate and its place in the range of sentencing options is largely unacknowledged.
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Merianos, Dorothy E., James W. Marquart, Kelly Damphousse, and Jaimie L. Hebert. "From the Outside In: Using Public Health Data to Make Inferences about Older Inmates." Crime & Delinquency 43, no. 3 (July 1997): 298–313. http://dx.doi.org/10.1177/0011128797043003004.
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The recent confinement binge has led to the “graying” of American prisons. Longer sentences equate to more offenders growing old behind bars. This article explores the health conditions among noninstitutionalized elders to make inferences about those in prison. Analysis of National Health Interview Survey data found that persons who resembled the incarcerated population reported poorer health, had higher numbers of activity limitations, had increased bed days and doctor visits, and reported faster declines in health conditions than their mostly Anglo counterparts. The authors discuss the implications of these findings for prison managers.
10
Dunwoody, Philip T., and Michael L. Frank. "Effects of Ethnicity on Prison Sentencing." Psychological Reports 74, no. 1 (February 1994): 200. http://dx.doi.org/10.2466/pr0.1994.74.1.200.
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11
Marti, Irene. "Doing (with) Time." TSANTSA – Journal of the Swiss Anthropological Association 22 (May 1, 2017): 68–77. http://dx.doi.org/10.36950/tsantsa.2017.22.7348.
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This contribution provides insight into the experiences of time of prisoners sentenced to indefi nite incarceration. It is argued here that in contrast to prisoners serving fi nite sentences, for these prisoners it is no longer mainly about doing time in prison but also about (actively) doing with time, since the time in prison becomes (most probably) their remaining lifetime. Moreover, to concentrate on the present instead of their uncertain future helps them to ease the pains of indefi nite imprisonment; however, this mode of being with time requires acceptance of their situation and to let go of their former selves.
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Padfield, Nicola. "WHAT ARE PRISONS FOR?" Cambridge Law Journal 61, no. 3 (December 11, 2002): 499–544. http://dx.doi.org/10.1017/s000819730226170x.
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Let us start with what seems like an easier question: how long should a prison sentence be? The Criminal Justice Act 1991 confirmed that the basic rule is that the length should be commensurate with the seriousness of the offence committed (section 2(2)(a) of the 1991 Act, now section 80(2)(a) of the Powers of the Criminal Courts (Sentencing) Act 2000). Exceptionally a sentence may be longer, in order to protect the public from serious harm (section 2(2)(b) of the 1991 Act, now section 80(2)(b) of the Powers of the Criminal Courts (Sentencing) Act 2000). Discretionary life sentences fall into this latter category: the indeterminate sentence is imposed because of the risk that the offender is perceived to present to the public (see section 80(4) of the Act of 2000; Baker [2001] 1 Cr.App.R.(S) 551). These longer than commensurate life sentences are seen to fall into two parts: one, the “tariff” (though the Lord Chief Justice in a Practice Statement on 31 May 2002 stated that the term “minimum term” should now be used), commensurate with the seriousness of the offence, and the second for public protection. Because the factors which cause an offender to be dangerous may vary over time, the European Court of Human Rights has long held that those detained for such reasons are entitled to a review of that part of their sentence at regular intervals by a “court”. After years of reluctance the British Government agreed in the 1991 Act to create panels of the Parole Board, chaired by judges, to review whether post-tariff discretionary lifers are still dangerous. But the detention of those sentenced simply for “punishment” is justified by the original sentencing decision, even though their release date is fixed in accordance with a flexible and discretionary early release scheme.
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Cunningham, Mark D., and Jon R. Sorensen. "Nothing to Lose? A Comparative Examination of Prison Misconduct Rates Among Life-Without-Parole and Other Long-Term High-Security Inmates." Criminal Justice and Behavior 33, no. 6 (December 2006): 683–705. http://dx.doi.org/10.1177/0093854806288273.
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The impact of life-without-parole (LWOP) sentencing for inmate misconduct has important implications for inmate classification, prison management, capital sentencing determinations, and public policy considerations. This study seeks to illuminate these issues by comparing the disciplinary behavior of 1,897 inmates sentenced to LWOP in the Florida Department of Corrections to that of 7,147 inmates serving sentences of 10 to 30 or more years. The sample is restricted to inmates admitted between January 1, 1998, and December 31, 2002, sentenced to a prison term of 10 years or longer, who remained in prison on December 31, 2003, and classified to close custody. The data show that the likelihood and pattern of disciplinary infractions and potentially violent rule infractions among LWOP inmates during 1998 to 2003 is broadly similar to that of other long-term inmates, supporting a conclusion that LWOP inmates act as a stabilizing rather than disruptive force in the prison environment.
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Wright, Richard A. "The “Punishment Lottery”: An Immodest Proposal for Maximizing Deterrence, Doing Justice, and Reducing Prison Overcrowding, All at Once." Criminal Justice Policy Review 7, no. 3-4 (September 1995): 329–39. http://dx.doi.org/10.1177/088740349500700308.
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This paper offers a new proposal for the sentencing of most convicted felons that promises simultaneously to promote general deterrence and to reduce prison overcrowding in a fair manner. Called the “punishment lottery,” I recommend subjecting convictees to a random system that imposes prison sentences that are usually shorter, but sometimes longer, than current sentences. Specific guidelines are suggested for enacting my proposal. I then offer empirical evidence and argumentation to support my claims that the punishment lottery can deter potential offenders, accomplish the retributive goal of fairness, and substantially reduce prison overcrowding, all at once.
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Meek, John. "Gangs in New Zealand Prisons." Australian & New Zealand Journal of Criminology 25, no. 3 (December 1992): 255–77. http://dx.doi.org/10.1177/000486589202500304.
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Gangs became a permanent feature of New Zealand prisons during the 1980s. Surveys indicate that more than 20% of inmates have past or present gang affiliations. This article looks at the gang phenomenon both in the community and in prisons. A case study looking at the impact of gangs at Auckland Maximum Security Prison (Paremoremo) is included; a unique inmate subculture was destroyed and inter-gang conflict resulted in the prison being run on a unit basis. Using information from the 1989prison census, including unpublished material, the article examines the level of gang membership and compares gang members and unaffiliated inmates over a range of variables. Gang members were found to be more likely to be younger, classified as requiring medium or maximum security custody, convicted of violent offences and serving longer sentences. The article also looks at management approaches to gangs in prisons and a fresh approach being adopted by the Department of Justice.
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Freiburger, Tina L., and Alyssa M. Sheeran. "The Joint Effects of Race, Ethnicity, Gender, and Age on the Incarceration and Sentence Length Decisions." Race and Justice 10, no. 2 (November 6, 2017): 203–22. http://dx.doi.org/10.1177/2153368717739676.
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The current study adds to the literature examining the effects of race, ethnicity, gender, and age on sentencing decisions. The results indicate that Black and male defendants were more likely to be incarcerated in jail as opposed to receiving a probation sentence than White and female defendants. When race, ethnicity, and gender interactions were considered, it appeared that the race effect was driven by Black males’ reduced likelihood to receive probation as opposed to jail. Black females were the least likely to be jailed. Age interactions revealed that being young disadvantaged Black males but advantaged other groups. The decision to incarcerate a defendant in jail versus prison was not significantly influenced by race, ethnicity, or gender. When sentence length was examined, Black males received significantly shorter jail sentences than all groups except Black females. When age was considered, Hispanic defendants 30–39 received longer jail sentences than almost every group.
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Kigerl, Alex C. "Deterring Spammers." Criminal Justice Policy Review 27, no. 8 (July 27, 2016): 791–811. http://dx.doi.org/10.1177/0887403414562604.
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This study sought to evaluate the deterrent impact the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN SPAM) Act has had on email spam rates over time. A sample of 5,490,905 spam emails was collected and aggregated into a monthly time series. Thirteen measures of CAN SPAM Act enforcement were coded from news articles and included in a time-series regression. The results suggest a possible deterrent effect of prosecutions, convictions, and lengthy jail sentences for spammers, but an emboldening effect of short jail sentences. The penalties under the CAN SPAM Act focus on fines more than prison terms. The results find no deterrent effect for fines, as spammers tend to earn a large income from sending spam. The Act might be revised to include prison sentences, especially longer ones to avoid the emboldening effect found. A deterrent impact was found for prosecutions, even though the CAN SPAM Act is under-enforced. Expanding enforcement might also be advisable.
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Lee, Jacqueline G. "To Detain or Not to Detain? Using Propensity Scores to Examine the Relationship Between Pretrial Detention and Conviction." Criminal Justice Policy Review 30, no. 1 (September 8, 2016): 128–52. http://dx.doi.org/10.1177/0887403416668016.
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Recent work has found that individuals who are detained prior to their sentencing are more likely to be convicted, be sentenced to prison as opposed to jail or probation, and to receive longer sentences if convicted. Is this effect due to detention, or is it merely a result of the same underlying criminal propensity being considered separately at each stage of the sentencing process? This study uses propensity score methods to create more comparable comparisons between detained and released criminal defendants. The results of this study indicate that detention itself has an independent effect on the likelihood of conviction. Even after matching with available covariates, individuals who are detained are more likely to be convicted than those who are released prior to their trial.
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PETERSILIA, JOAN, and ELIZABETH PIPER DESCHENES. "Perceptions of Punishment: Inmates and Staff Rank the Severity of Prison Versus Intermediate Sanctions." Prison Journal 74, no. 3 (September 1994): 306–28. http://dx.doi.org/10.1177/0032855594074003003.
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Proponents of the newer intermediate sanctions argue that there are “equivalencies” of punishment between community-based and prison sentences and that, at some level of intensity, community-based programs have roughly the same punitive “bite.” There is little research, however, on the relative severity of intensive supervision in comparison to other sanctions. This study was designed to examine how offenders and staff in Minnesota rank the severity of various criminal sanctions and which particular sanctions they judge equivalent in punitiveness. In addition, we explored how both groups rank the difficulty of commonly imposed probation conditions and which offender background characteristics are associated with perceptions of sanction severity. Our results suggest that there are intermediate sanctions that equate, in terms of punitiveness, with prison. For example, inmates viewed 1 year in prison as “equivalent” in severity to 3 years of intensive probation supervision or 1 year in jail, and they viewed 6 months in jail as equivalent to 1 year of intensive supervision. Although inmates and staff ranked most sanctions similarly, the staff ratings were higher for 3 and 6 months in jail and lower for 1 and 5 years probation. The two groups also differed on the difficulty of complying with individual probation conditions: Staff judged most probation conditions as harder for offenders to comply with than did inmates. Our results provide empirical evidence to support what many have suggested: It is no longer necessary to equate criminal punishment solely with prison. At some level of intensity and length, intensive probation is equally severe as prison and may actually be the more dreaded penalty. The results should give policymakers and justice officials pause, particularly those who suggest they are imprisoning such a large number of offenders—not to use prisons' ability to incapacitate and rehabilitate—but rather to get “tough on crime.”
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Elmer, Eddy, and Heather Campbell Pope. "Meeting the Physical and Mental Health Needs of Older Offenders: Does Aging in Place Work in Prison?" Innovation in Aging 4, Supplement_1 (December 1, 2020): 20. http://dx.doi.org/10.1093/geroni/igaa057.064.
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Abstract In many countries, the proportion of older people in prison is growing due to longer sentences, increases in convictions for historical offences, and longevity. Moreover, harsh conditions of confinement coupled with the negative effects of a criminal lifestyle may contribute to 'accelerated aging' in this population. Indeed, many prisoners develop health problems that are more commonly seen among people who are up to ten years older. Correctional institutions are increasingly struggling to meet the complex and expensive healthcare needs of these offenders, especially at end-of-life. Some institutions have taken the position that prisons were never intended to be nursing homes, nor can they be adequately adapted to fulfill this role. As a result, these institutions attempt to place some aging offenders in healthcare institutions within the community, provided that their risk to the public can be adequately managed. Other institutions have argued that the needs of aging offenders can be successfully met behind prison walls and have taken steps to allow prisoners to 'age in place.' After summarizing the research on the physical and mental health needs of aging offenders, this presentation considers the advantages and disadvantages of meeting older offenders' healthcare needs both within and outside the prison setting and provides relevant examples of both. Special attention is paid to the issues of social isolation and loneliness: both may contribute to accelerated aging, and perhaps even the risk for re-offending, raising questions about which correctional settings are most beneficial for minimizing these problems.
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Eagly, Ingrid V. "Criminal Justice in an Era of Mass Deportation." New Criminal Law Review 20, no. 1 (2017): 12–38. http://dx.doi.org/10.1525/nclr.2017.20.1.12.
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After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.
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Biggs, Lisa. "Serious Fun at Sun City: Theatre for Incarcerated Women in the “New” South Africa." Theatre Survey 57, no. 1 (December 9, 2015): 4–36. http://dx.doi.org/10.1017/s0040557415000538.
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Women have been largely invisible in crime discourse in South Africa; they have never been conceived of as either the primary authors or objects of the law. Yet according to the Republic of South Africa Department of Correctional Services (DCS), they are one of the fastest-growing segments of the prison population today. In the eight years following democratic elections in 1994, DCS reports that the number of women behind bars grew by over 31 percent. From 2008 to 2012 alone, the women's prison population rose by 10 percent while the number of men behind bars declined. These increases are not fully attributable to an escalation in women's illicit behavior. Instead, shifts in policing and sentencing policies now mandate longer sentences for crimes for which women are most likely to be convicted—both aggressive and non-violent, often poverty-related, offenses such as theft (shoplifting, robbery, burglary, carjacking, fraud, embezzlement), narcotics (trafficking, sale, distribution), and sex work.
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Tobing, Noel Tua Lumban. "COMMUNITY BASED CORRECTION: METODE ALTERNATIF MENGATASI OVERCROWDED." Literacy: Jurnal Ilmiah Sosial 1, no. 1 (May 28, 2019): 41–51. http://dx.doi.org/10.53489/jis.v1i1.9.
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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.
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Langevin, Ron, and Suzanne Curnoe. "Lifetime Criminal History of Sex Offenders Seen for Psychological Assessment in Five Decades." International Journal of Offender Therapy and Comparative Criminology 56, no. 7 (August 23, 2011): 997–1021. http://dx.doi.org/10.1177/0306624x11420084.
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A sample of 2,190 sex offenders seen between 1966 and 2009 was compared on lifetime sexual and all offending, using charges, convictions, court appearances, and self-report as criteria. Of these various criteria, between 47.4% and 81.1% reoffended. Canadian child abuse reporting laws, which came into effect in the 1980s, were associated with increased charges and convictions for offenders, who victimized children, and with a reduction in their longer term reoffense rates. Immigration and population mobility, use of aliases, study follow-up time, and self-reported undetected sex crimes influenced reoffense rates. Results indicate that sex offenders continued to have short prison sentences and/or spend little or no time incarcerated during the latter part of the 20th century.
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Peltzer, Karl. "Perceptions of Interventions for Child Sexual Abuse in an Urban South African Sample." Psychological Reports 88, no. 3 (June 2001): 857–60. http://dx.doi.org/10.2466/pr0.2001.88.3.857.
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A questionnaire was used to study perceptions of interventions for child sexual abuse in a nonrepresentative urban South African population of 132 African/Black participants (61 men and 71 women) from the general public of Mankweng. Their ages ranged from 21 to 60 years ( M age = 32.2 yr., SD = 10.4). Analysis indicated these participants clearly supported most of the components of nonadversarial approaches. Women were more positive about a nonadversarial approach than men; however, participants disagreed on questions about controlling the offender and whether an accused relative should move out of the home of the victim. Participants supported prosecuting offenders and longer prison sentences and did not favour leniency for first-time offenders. They further believed children, the family, and even less the offenders should receive treatment.
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Wondimu, Wondimagegn, Bethlehem Girma, Melese Sinaga, and Abonesh Taye. "Undernutrition and associated factors among incarcerated people in Mizan prison institute, southwest Ethiopia." PLOS ONE 16, no. 5 (May 11, 2021): e0251364. http://dx.doi.org/10.1371/journal.pone.0251364.
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Background In resource-limited countries like Ethiopia, where malnutrition is a common problem, incarcerated people’s sentences might be changed into a death sentence if the problems of undernutrition are not well understood and managed properly. There is limited evidence on nutritional status and associated factors among incarcerated people in low- income countries like Ethiopia, including the study area. Objective To assess the magnitude of undernutrition and associated factors among incarcerated people in Mizan prison institute, southwest Ethiopia. Methods An institution based cross-sectional study was conducted among 340 incarcerated people in Mizan prison institute from April 1 to 27, 2020, using a stratified sampling technique. An interviewer-administered structured questionnaire was used to collect data. The outcome variable (undernutrition) was assessed by measuring body mass index (BMI). Binary logistic regression was used to identify factors associated with undernutrition. Adjusted odds ratio (AOR) and 95% confidence intervals (CI) were used to measure the strength of association and a p-value less than 0.05 was used to declare the level of statistical significance. Results The magnitude of undernutrition was 18.6% (95%CI: 14.4%, 22.8%). Being in the age category of 18–29 years (AOR = 2.60; 95%CI: 1.22,5.52), history of previous incarceration (AOR = 2.31;95%CI: 1.23,4.34), duration of imprisonment (AOR = 1.19; 95%CI: 1.05,1.34), having depression (AOR = 2.1; 95% CI: 1.10,3.97) and sleeping in group (AOR = 2.17; 95% CI: 1.18,4.01) were factors significantly associated with an increased odds of undernutrition. However, the presence of family support significantly decreased (AOR = 0.29; 95%CI: 0.12, 0.69) the odds of undernutrition. Conclusion The magnitude of undernutrition in the prison was found to be comparable to that of the general population in Ethiopia. The efforts on the ground to tackle undernutrition in the general population shall be extended to incarcerated people, especially by focusing on vulnerable groups such as those who had longer durations of incarceration, history of previous imprisonment, depression and no support.
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Novotný, Lukáš. "How to Fight Puppy Mills: Toughening the Sentences for Animal Abuse in the Post-Communist Region." Animals 10, no. 6 (June 11, 2020): 1020. http://dx.doi.org/10.3390/ani10061020.
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This study seeks answers to questions regarding the kind of main legislative issues and obstacles there are in providing a legal solution to the problem of illegal puppy mills in the post-communist context, how criminal law experts opine about toughening the sentencing guidelines for animal abuse and deficient puppy mills, what kind of arguments have been formulated and how they have shaped the decision making by lawmakers, and how Czech politicians have argued in favour of or against toughening the sentencing guidelines for animal abuse. The Czech Republic was selected as a country of “flourishing” illegal breeding establishments and puppy exports to other European countries—a problem that has long required a solution. The introduction defines the concepts of animal abuse and puppy mills employed in the paper. Subsequently, the paper outlines existing laws as well as the amendments to toughen the sentencing guidelines. I use the example of debates among parliamentarians and legal experts on toughening the Czech Criminal Code and introducing longer prison terms to demonstrate some typical issues of the debates on tougher sentences for animal abuse in the post-communist region.
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Delibašić, Veljko, and Tijana Kostić. "Certain contentious issues related to the suspended sentence." Crimen 11, no. 3 (2020): 235–54. http://dx.doi.org/10.5937/crimen2003314d.
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This paper addresses the issue of suspended sentence since it is a criminal sanction frequently applied in Serbia and statutory provisions regulating suspended sentence are also subject to frequent modification which altogether emphasizes the need of its continuous study. Within the general purpose of criminal sanctions, the purpose of a suspended sentence is to avoid imposing the sentence on an offender for a minor offence in cases when it can be reasonably expected that a warning with a threatened sentence shall suffice to prevent the offender from perpetrating other crimes. Suspended sentence can be granted only when the offender has been sentenced to less than two years imprisonment, however, on condition (which was tightened in 2019) that the crime does not fall within the category of criminal offences for which an eight-year prison sentence (before it was 10 years) or longer can be delivered. Subjective reasons due to which suspended sentence cannot be granted have been also extended, so therefore, suspended sentence can be granted only if more than five years have elapsed from the time the judgment became final by which the offender was sentenced either to imprisonment or was pronounced a suspended sentence for a crime with premeditated intent. In view of the fact that a fine is still a form of punishment and, accordingly, a stricter criminal sanction than suspended sentence which is a non-custodial measure meaning a more lenient sanction, it would be quite acceptable if the legislator, as a limiting factor, also envisaged a fine for a crime with premediated intent. As regards a five year term calculated from the finality of judgment, a better solution would be that the period be calculated from the day of the sentence being served, prescribed or the day a pardon has been granted, i.e. from the day when the adherence monitoring period to probation conditions has expired. Furthermore, recently introduced statutory solutions would result in decrease in the number of suspended sentences in criminal sanctions structure. When it comes to suspended sentence supervision order, as it is rarely applied, it is necessary that minimum effort be invested in providing material conditions and human resources for carrying out this sanction which was found to be effective in many countries. A serious omission of legislators is that the Criminal Procedure Code, when defining the institution of hearing for pronouncing a criminal sanction, leaves an option to the public prosecutor to propose passing of a suspended sentence with determining fine, which is contrary to the Criminal Code. This omission should be corrected by giving priority to the Criminal Code i.e. by excluding the option for the public prosecutor to propose such a sanction.
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Jones, Ivor H., Ben Marris, and Helen Hornsby. "Psychiatric Characteristics of Female Prisoners in Tasmania." Australian & New Zealand Journal of Psychiatry 29, no. 4 (December 1995): 671–77. http://dx.doi.org/10.3109/00048679509064984.
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Objective: The aim of the paper is to describe some of the psychiatric, social and criminological features of female prisoners in Tasmania between 1981 and 1990 inclusive. Method: Data were collated from prison records for all 210 women prisoners incarcerated between the above dates. Using the Mental Health Services database it was determined which prisoners had prior contact with State Psychiatric Services, their clinical state, various demographic data and ICD-9 diagnoses. Forensic data obtained from prison records were compared for those with and those without a psychiatric history of attendance at Mental Health Services; appropriate privacy safeguards were used in handling the material. Results: Thirty-five per cent of prisoners had prior contact with the Mental Health Services before imprisonment. They were predominantly persons with an abnormal personality. Non-addictive drug abuse was the next most common psychiatric category (19%). Only 3% suffered from schizophrenia or affective disorder. Those with prior psychiatric presentation had greater social maladjustment, longer sentences for similar offences and a higher recidivism rate. There was an increase in the number of prisoners with and without a psychiatric diagnosis during the decade. Conclusions: Thirty-five per cent of the female prison population had previously attended psychiatric services in the State. This is fewer than reported in Britain and the US, probably because of the different social structure of this community. These persons differ from other prisoners by showing greater impairment in social adjustments and relationships. They appear to be treated differently with respect to sentencing. There was no evidence of a simple reciprocal relationship between deinstitutionalisation and imprisonment.
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Sööt, Mari-Liis, and Kadri Rootalu. "Bringing about Penal Climate Change: The Role of Social and Political Trust and of Perceptions about the Aims for Punishment in Lowering the Temperature of Punitiveness." Juridica International 25 (November 5, 2017): 32. http://dx.doi.org/10.12697/ji.2017.25.04.
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The paper presents a study demonstrating that social and political trust are good predictors of punitive attitudes. People who have low generalised social trust and low political trust would impose longer sentences on offenders. Awareness of the aims behind punishment is a strong predictor of systematically severe punitive attitudes – those for whom the aims for punishment revolve around the protection of society (rather than focusing on reforming the offender) are more punitive. The study indicates that penal attitudes are best altered in a trusting environment, and that attempts to achieve a shift away from harsh ones should be targeted principally at the most punitively minded groups in the relevant society. The assumption is that in an environment where penal attitudes towards offenders are milder, major changes in crime policy such as introduction of individualised penalties, reduction in prison terms and population would be more easily achieved.
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Tham, Henrik. "The Swedish Drug Policy – a Restrictive and Successful Model?" Nordisk Alkoholtisdkrift (Nordic Alcohol Studies) 13, no. 4 (August 1996): 179–93. http://dx.doi.org/10.1177/145507259601300402.
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Officially, Swedish drug policy is proclaimed to be successful. The success, it is claimed, depends on the implementation of a “restrictive” – in comparison to the 1960s and 1970s – drug policy in Sweden today. The question addressed in the article is whether the strict drug policy has led to less harm from narcotics than earlier. The analysis of the development of drug use is based upon case-finding studies, time series on sentenced persons, drug use among young people, and deaths as a result of drug use, among other things. According to available data, the success of the Swedish drug policy cannot be established by counting the number of drug abusers; the number increased during the 1980s. When it comes to the number of new drug users, a decrease was especially noticeable during the less strict 1970s. Whether there is a decrease also during the 1980s is a matter of interpretation, since different data sets give partly different answers. The uncertain and limited decrease in the costs of drug consumption since the beginning of the 1980s must be seen in relation to the clearly increased costs for the control of drugs. Such costs are connected to the disregard for law, increased use of limited law enforcement resources, increased use of compulsory treatment, more and longer prison sentences, and, possibly, increased mortality among drug abusers. The repressive features have become clearer. The conclusion must therefore be that the official description of Swedish drug policy as a restrictive and successful model hardly is supported by neither the terminology nor data.
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Habib, Ali. "Application of Restorative Justice in Corruption Crime Cases as an Effort to Repay State Losses." Corruptio 1, no. 1 (September 10, 2020): 1. http://dx.doi.org/10.25041/corruptio.v1i1.2069.
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The Handling of corruption now is indeed more oriented to how to put as many corruptors as possible into a Penitentiary, while corruption itself is still rampant. The deterrent effect which is currently no longer felt by corruption convicts while serving prison sentences and the overflow of prisoners who are no longer sufficient, makes the government move quickly and look for a legal breakthrough related to reducing the level of corruption in Indonesia. The Attorney General's Office of the Republic of Indonesia (RI) as one of the Law Enforcement Officers who have the authority to carry out Corruption Criminal Investigations has issued a Circular Letter for the Deputy Attorney General for Special Crimes (SE Jampidsus) Number: B-765/F/Fd.1/04/2018 dated April 20 2018 concerning the Technical Guidelines for Handling Corruption Case Investigation Stage, which in essence the Investigation must be strived to find the amount of State Financial Losses, which meant the cooperative attitude of the parties involved to recover the financial losses of the State, it can be taken into consideration as a non-continuation of the legal process which certainly takes into account certain limitations (restorative justice). The problem is how to apply the restorative justice model in an effort to recover state losses. The research results obtained are, the application of restorative justice methods conducted by the Republic of Indonesia's Attorney General's Office can be optimally used in handling corruption cases specifically for the recovery of state finances and future expectations related to handling cases of corruption in Indonesia.
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Barnett, Georgia D., and Flora Fitzalan Howard. "What Doesn’t Work to Reduce Reoffending?" European Psychologist 23, no. 2 (May 2018): 111–29. http://dx.doi.org/10.1027/1016-9040/a000323.
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Abstract. This paper describes a review of meta-analyses and systematic reviews, to explore what appears to be ineffective in reducing reoffending among people convicted of crime. The focus of this review is on secondary or tertiary crime prevention initiatives, concentrating on interventions aiming to reduce offending among adults serving sentences in custody or the community. Twenty-one reviews met the inclusion criteria, covering interventions aiming to reduce violence, domestic violence, sexual offending, drug misuse, driving under the influence, and general reoffending. Fourteen of these reviews identified interventions that have no impact on criminal recidivism, and three identified interventions that in at least one study were actively harmful by increasing the risk of recidivism of participants. Findings suggest that ineffective interventions may comprise drug testing as a stand-alone strategy, insight-oriented and behavioral interventions for sexual offending, brief interventions for alcohol misuse, and in prison in the longer-term, agonist pharmacological treatment alone for drug misuse. Those interventions that had demonstrated, in at least one of the evaluations reviewed, that they were associated with negative behaviors were court-mandated treatment for domestic violence, boot camps, incarceration-based agonist drug treatment and custodial (when compared to noncustodial) sanctions. Taken together with the findings of previous reviews in this area, the authors identify features of interventions which are likely to be ineffective in reducing reoffending. Explanations for these interventions’ likely failure to reduce reoffending draw on criminological and social psychological research and behavioral science. The authors also note that this review may not include all relevant evidence and findings should therefore be considered indicative.
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Morris, Robert G., Dennis R. Longmire, Jacqueline Buffington-Vollum, and Scott Vollum. "Institutional Misconduct and Differential Parole Eligibility Among Capital Inmates." Criminal Justice and Behavior 37, no. 4 (March 3, 2010): 417–38. http://dx.doi.org/10.1177/0093854810361672.
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Managing career inmates (e.g., capital murderers) is a serious burden for prison administrators and taxpayers. Research findings are mixed as to whether such inmates will engage in increased levels of institutional misconduct. Using complete disciplinary histories from non-death-sentenced capital inmates in Texas whose offenses occurred between 1987 and 1994, the authors explored the need for increased security levels between capital murderers sentenced to markedly different parole eligibility policies (15 years vs. 35 to 40 years before becoming eligible for parole). They also explored whether career inmates represent greater management challenges because they have “nothing to lose,” compared with capital inmates with less time to parole eligibility. Findings suggest that capital inmates sentenced to longer mandatory prison terms are less likely to engage in serious and violent misconduct. Policy implications are discussed in terms of prison administration, fiscal practicability, and career inmate social development.
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Lutze, Faith E., and David C. Brody. "Mental Abuse as Cruel and Unusual Punishment: Do Boot Camp Prisons Violate the Eighth Amendment?" Crime & Delinquency 45, no. 2 (April 1999): 242–55. http://dx.doi.org/10.1177/0011128799045002004.
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Research has shown that large segments of the public will only support shorter sentences for offenders if longer sentences are exchanged for harsh, intensive correctional experiences. An exchange of time for intensity has raised concerns about the purpose of correctional boot camp and the potential for abuse in programs intentionally designed to be severe. This article compares common forms of discipline used in shock incarceration programs with legal findings regarding what is cruel and unusual punishment. It concludes that practices commonly used at boot camp may be considered cruel and unusual and may give rise to costly inmate litigation.
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Freiburger, Tina L., and Danielle Romain. "An Examination of the Impacts of Gender, Race, and Ethnicity on the Judicial Processing of Offenders in Family Violence Cases." Crime & Delinquency 64, no. 13 (December 20, 2017): 1663–97. http://dx.doi.org/10.1177/0011128717743780.
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Using the focal concerns perspective, the present study examined possible gender, race, and ethnic disparities on judges’ pretrial release, incarceration, and sentence length decisions in family violence cases. The results indicate that males were more likely to receive an order of bail (as opposed to release on own recognizance), received higher bail amounts, were less likely to make bail, were more likely to receive prison opposed to jail, and were incarcerated for significantly longer periods of time than women. Hispanic defendants were more likely than White defendants to receive higher bail amounts and were more likely to be detained until sentencing. Black defendants, on the other hand, were more likely to receive prison as opposed to jail than White offenders.
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Britten, Thomas. "The State of Nevada v. Eugene Austin: A Tragic Story of Homicide and Incarceration in the American Southwest." American Indian Culture and Research Journal 38, no. 2 (January 1, 2014): 111–34. http://dx.doi.org/10.17953/aicr.38.2.lq1m0l7557357466.
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Eugene Austin (1923-1980) was a member of the Lovelock Paiute Tribe of Nevada. The product of an impoverished and dysfunctional family and a former pupil of an off-reservation boarding school, Austin was a troubled and unhappy youth who yearned to escape the sparse opportunities and lack of mobility available to Native peoples of rural Nevada. In 1941, he was convicted of first-degree murder and sentenced to life in prison. He spent the next thirty-three years at the Nevada State Prison in Carson City, longer than any other inmate in the institution's history. He endured inhumane treatment during his incarceration, was lobotomized, and in 1974 was eventually paroled to a convalescent home in California. His arrest, trial, and incarceration reveal a number of tragic missteps in a criminal justice system that often failed to understand or accommodate the unique needs and circumstances posed by Native American offenders in the Southwest.
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Walsh, Elizabeth, Christine Butt, Dawn Freshwater, Rachael Dobson, Nat Wright, Jane Cahill, Michelle Briggs, and David Alldred. "Managing pain in prison: staff perspectives." International Journal of Prisoner Health 10, no. 3 (September 9, 2014): 198–208. http://dx.doi.org/10.1108/ijph-08-2013-0037.
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Purpose – The purpose of this paper is to present the findings of one part of a larger study, funded by the National Institute for Health Research, which explored the management of pain in adult male prisoners in one large category B prison in England. In this paper, the authors focus on the attitudes and perceptions of prison staff towards pain management in prison. Design/methodology/approach – A qualitative design was utilised to explore the staff perceptions of pain and pain management in one adult male prison. Questionnaires were provided for all staff with prisoner contact, and a follow up focus group was undertaken to further explore questionnaire data. Findings – The questionnaire and focus group findings demonstrated that staff had a good awareness of pain and pain management in prison, with both physical and emotional pain identified. The frequency of approaches by prisoners to staff for pain relief was noted to be high, whilst awareness of how the prison environment could potentially exacerbate pain was discussed. The acquisition of analgesia by prisoners for secondary gain was identified as a challenge to both assessing levels of pain and providing pain relief in prison, illustrating the complexity of providing care within a custodial culture. The effect on staff of caring for prisoners found to be confrontational and deceitful was significant for participants, with feelings of anger and frustration reported. Research limitations/implications – This study was undertaken in one adult male category B prison with a very high turnover of prisoners. Staff working in other types of prison, for example, higher security or those more stable with longer sentenced prisoners could provide alternative views, as may staff caring for younger offenders and women. The challenges to undertaking research in prison with staff who can understandably be reluctant to engage in reflection on their practice cannot be underestimated and impact significantly on available methodologies. Originality/value – This qualitative research is the first of its kind to offer the perspectives of both health care professionals and prison staff working with prisoners complaining of pain in an English prison. It provides the groundwork for further research and development.
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Turchetti, Mario. "L’assassinat de Thomas More : le tribunal d’une conscience annihilé par un tribunal tyrannique." Moreana 50 (Number 191-, no. 1-2 (June 2013): 219–72. http://dx.doi.org/10.3366/more.2013.50.1-2.11.
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This study hinges around two perspectives: the first one concerns the inner work accomplished by Thomas More through the writing of his prison letters, in which the author’s “conscience” is often solicited and ends up playing the role of a tribunal. The second examines the interrogations conducted by the King’s Tribunal and during More’s trial for high treason. The death sentence inflicted on More still elicits many debates among scholars. We wish to contribute to such a debate by analyzing the cogency of the pre-trial investigation and of the hearings which would lead to capital punishment. Even admitting that the sentence was the result of a legal procedure, there is cause for wondering whether it was also legitimate. Judging from an analysis of the documents based on English jurisprudence, many are the flaws inherent in the trial which lead us to conclude that its legal inconsistency forged a death sentence. Therefore, the word “assassination” is no longer an exaggeration but a rigorous repositioning of the trial as the travesty of a trial. This assassination then becomes the work of a tyrant and his accomplices, forming a tyrannical system which manipulates law regulations to its convenience.
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Weisburd, David, Elin Waring, and Stanton Wheeler. "Class, Status, and the Punishment of White-Collar Criminals." Law & Social Inquiry 15, no. 02 (1990): 223–43. http://dx.doi.org/10.1111/j.1747-4469.1990.tb00587.x.
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The treatment of white-collar offenders by the criminal justice system has been a central concern since the concept of white-collar crime was first introduced In general, it has been assumed that those higher up the social hierarchy have an advantage in every part of the legal process, including the punishment they receive as white-collar criminals. In a controversial study of white-collar crime sentencing in the federal district courts, Wheeler, Weisburd, and Bode contradicted this assumption when they found that those of higher status were more likely to be imprisoned and, when sentenced to prison, were likely to receive longer prison terms than comparable offenders of lower status. While they argued that results were consistent with “what those who do the sentencing often say about it,” their analyses failed to control for the role of social class in the sentencing process. In this article we reanalyze the Wheeler et al sentencing data, including both measures of socioeconomic status and class position. Our findings show that class position does have an independent influence on judicial sentencing behavior. But this effect does not demand revision in the major findings reported in the earlier study.
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Pfaff, John F. "Escaping from the Standard Story." Federal Sentencing Reporter 26, no. 4 (April 1, 2014): 265–70. http://dx.doi.org/10.1525/fsr.2014.26.4.265.
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Whether as a result of low crime rates, the financial pressures of the 2008 credit crunch, or other factors, policymakers on both sides of the aisle are trying to rein or even reduce the US incarceration rate after an unprecedented forty-year expansion. Unfortunately, reforms are hampered by the fact that we do not have a solid empirical understanding of what caused the explosion in the first place. In fact, the “Standard Story” of prison growth generally overemphasizes less important factors and overlooks more important ones. This essay thus does two things. First, it points out the flaws in five key aspects of the Standard Story: its argument that the War on Drugs is of central importance, that trends in violent and property crimes are relatively unimportant, that longer sentence lengths drive growth, that the “criminal justice system” is a fairly coherent entity advancing specific goals, and that the “politics of crime control” is uniquely dysfunctional. And second, it argues that an increased willingness of the part of prosecutors to file charges—a causal factor almost completely overlooked by the Standard Story—is likely the most important force behind prison growth, at least for the past two decades.
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Sukinto, Yudi Wibowo. "KONSEP BARU PENGEMBALIAN KERUGIAN NEGARA DARI TINDAK PIDANA KORUPSI." Yuridika 31, no. 2 (August 24, 2017): 339. http://dx.doi.org/10.20473/ydk.v31i2.4791.
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The new concept of returns losses state finance on corruption based on The Theory of Imprisonment for Non Payment of Fine, firstly came from Singapore state placed in the Criminal Procedure Code Singapore, and the Singapore Customs Act Chapter 70, 119, which requires the convicted person to pay losses to the state. Losses States referred to either a fine of the decision of the judge or of the money indemnity State then in that State applied The Imprisonment for Non Payment of Fine, so the convict is given a prison sentence must conform table the amount of loss Country / Region generated, the equivalent length of additional criminal the perpetrator of a crime, if it is applied in Indonesia is very effective at all, especially in the implementation of the compensation losses Country/Region due to corruption, so it will certainly bring a deterrent effect on criminals. In Indonesia, the the Parliament who make the policy of the legislature or make Act most pleased coupled with Criminal Provisions which adheres to sentencing by the deterrent effect which intends to apply the theory of retributive namely bringing the perpetrators to suffer a sentence for committing a crime, so it is no longer thinking about how to indemnification countries / areas due to a criminal act, by the offender.
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Indra Ariska, Dudung. "IMPLEMENTASI PENEGAKAN KETENTUAN PIDANA TERHADAP PELANGGARAN HAK KEKAYAAN INTELEKTUAL REGIM HAK CIPTA." Yustitia 4, no. 1 (April 20, 2018): 16–36. http://dx.doi.org/10.31943/yustitia.v4i1.36.
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Indonesia as an archipelago has a very rich diversity of cultural arts. This is in line with the diversity of ethnicity, trabs and religion as a whole is a national potential which needs to be protected. After the enactment of Law No. 19 of 2002, the creators in the field of literature and science received legal protection so that it is no longer turned off the creativity of its employees. Normatively, if there is piracy, the sanctions imposed are very severe, namely a seven-year prison sentence and / or a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In fact, piracy is still ongoing. The current development of piracy is due to law enforcement carried out by law enforcement officers in this case the police are not carried out thoroughly and thoroughly, or in other words run half-heartedly so that there is no single case of piracy in the film sector that can be used as jurisprudence
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Spence, Sean A., Catherine J. Kaylor-Hughes, Martin L. Brook, Sudheer T. Lankappa, and Iain D. Wilkinson. "‘Munchausen's syndrome by proxy’ or a ‘miscarriage of justice’? An initial application of functional neuroimaging to the question of guilt versus innocence." European Psychiatry 23, no. 4 (June 2008): 309–14. http://dx.doi.org/10.1016/j.eurpsy.2007.09.001.
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Abstract‘Munchausen's syndrome by proxy’ characteristically describes women alleged to have fabricated or induced illnesses in children under their care, purportedly to attract attention. Where conclusive evidence exists the condition's aetiology remains speculative, where such evidence is lacking diagnosis hinges upon denial of wrong-doing (conduct also compatible with innocence). How might investigators obtain objective evidence of guilt or innocence? Here, we examine the case of a woman convicted of poisoning a child. She served a prison sentence but continues to profess her innocence. Using a modified fMRI protocol (previously published in 2001) we scanned the subject while she affirmed her account of events and that of her accusers. We hypothesized that she would exhibit longer response times in association with greater activation of ventrolateral prefrontal and anterior cingulate cortices when endorsing those statements she believed to be false (i.e., when she ‘lied’). The subject was scanned 4 times at 3 Tesla. Results revealed significantly longer response times and relatively greater activation of ventrolateral prefrontal and anterior cingulate cortices when she endorsed her accusers' version of events. Hence, while we have not ‘proven’ that this subject is innocent, we demonstrate that her behavioural and functional anatomical parameters behave as if she were.
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Milovic, M., and M. Pusitsa. "Justification of Life imprisonment in Serbian Criminal Law." Lex Russica, no. 5 (May 25, 2021): 134–42. http://dx.doi.org/10.17803/1729-5920.2021.174.5.134-142.
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In Serbia, disputes have been going on for years (which are also the subject of many congresses) about the regulation of the most severe types of punishment. The criminal policy of the country shows a tendency to toughen penalties. By attracting a lot of media attention and putting pressure on state institutions concerning certain tragic events caused by the murder and rape of minors, including children, some members of the public hysterically demand that the state respond with the strictest penalties, even if they no longer exist (the death penalty).In December 1, 2019 The Law on Amendments and Additions to the Criminal Code, which, among other things, prescribes life imprisonment, entered into force. It is assumed that the fact that there is a life sentence for particularly serious crimes, such as murder or crimes against sexual freedom in particularly serious forms, may make criminals think twice before committing them. In addition, proponents of the introduction of such a punishment argue that the fear of life imprisonment can act as a corrective and preventive measure, thereby reducing the proportion of these criminal offenses.The paper provides a critical analysis of this justification for the return of life imprisonment to the criminal law. The arguments against this include: 1) statistics confirm that life imprisonment for possible criminals who have committed particularly serious criminal offenses is not a factor of prevention; 2) general prevention is undermined; 3) the previously existing maximum prison term was not an obstacle, that is, it was not a factor of prevention; 3) innovations would not change the decisions of criminals, although they were in their sound mind at the time of committing criminal offenses, realizing the illegality of these actions; 4) it becomes impossible to carry out the correction and re-socialization of the sentenced person, who knows that he will remain closed outside the social and family environment for the rest of his life; 5) it is also necessary to keep in mind that it is the state that financially maintains such criminals.
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Gregory, Thomas. "Dismembering the dead: Violence, vulnerability and the body in war." European Journal of International Relations 22, no. 4 (July 26, 2016): 944–65. http://dx.doi.org/10.1177/1354066115618244.
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On 15 January 2010, two soldiers killed an unarmed boy in the Afghan village of La Mohammad Kalay before dismembering his body and posing for photographs with his corpse. Although the soldiers were eventually sentenced to prison for their involvement in this attack and two other incidents, very little has been said about the nature of the violence they inflicted on the bodies of their victims. Drawing on the work of the Italian feminist philosopher Adriana Cavarero, this article will explore the violence inflicted by the so-called Afghan Kill Team, focusing particular attention on the ethical questions posed by a violence that ‘overshoots the elementary goal of taking a life and dedicates itself to destroying the living being as a singular body’ (Cavarero, 2011: 12). I will argue that this level of violence is no longer concerned with questions of life and death, but seeks to destroy the body as body, challenging the ways in which we have traditionally conceptualised the pain and suffering caused by war. This argument will refocus our attention on the constitutive vulnerability of the body, as well as the processes of dehumanisation that leave certain bodies more vulnerable than others.
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DONANDI S, SUJANA. "RECONCEPTUALIZATION OF THE INDEMNIFICATION FOR STATE FINANCIAL LOSS BY CORRUPTORS ON THE BASIS OF PROPORTIONALITY, EFFECTIVENESS, EFFICIENCY, AND FUTURE REACH." Asia Pacific Fraud Journal 2, no. 1 (June 2, 2017): 1. http://dx.doi.org/10.21532/apfj.001.17.02.01.01.
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ABSTRACTIn Indonesia, the concept of indemnification for state loss by corruptor has not met the elements of proportionality, effectiveness, efficiency, and future reach. Therefore, re-conceptualization of indemnification for state loss by corruptor is necessary to confront the cunning corruptor in hiding the proceeds of corruption. The re-conceptualization can be constructed by determining remedy sanction for every legal subject sentenced guilty to corruption. The remedy sanction should not only consider the amount of money corrupted, but also the time value of the money, the budget spent to handle the case, and the potential profits obtained when the money is used well as it should be. By this sanction, the amount of money determined as remedy sanction would be proportional and would not only cover as maximum as property acquired for the result of corruption as regulated by the current regulation. In addition, by this sanction, a civil lawsuit for the properties considered as the result of corruption that could spend much money and time would be no longer necessary. Someone convicted on corruption suppose to be automatically considered did default to his promise to the state. The default could be based on his failure in acting according to his official duty or based on an agreement in business relation between the legal subject and state. Should the corruptor couldn’t pay the remedy of state loss in full or partly, the remedy should not be replaced by prison sentence, but the remedy or the difference money should be reckoned as a debt to the state loss. Thus, the debt would be attached to the corruptor and would be a lifetime responsibility for the corruptor as long as he could not pay the debt to the state. The debt even would be continued by the heirs if the corruptor were pass away. Furthermore, this concept could reach the possibility that the wealth resulted of corruption would be used in the future because under these provisions, the future wealth gained by the corruptor could be executed as a part of the extinguishment of debt without considering whether the wealth were the result of corruption or not.
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Zilvia, Rahmi, and Haryadi Haryadi. "Disparitas Pidana Terhadap Pelaku Kasus Tindak Pidana Penganiayaan." PAMPAS: Journal of Criminal Law 1, no. 1 (April 23, 2021): 96–109. http://dx.doi.org/10.22437/pampas.v1i1.8271.
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ABSTRAK
Penelitian ini bertujuan untuk menganalisis mengenai dasar pertimbangan hakim dalam menjatuhkan pidana terhadap pelaku tindak pidana penganiayaan. Penelitian ini bersifat penelitian yuridis empiris. Berdasarkan hasil penelitian disimpulkan bahwa telah terjadi disparitas pidana. Disparitas pidana terjadi karena hakim belum mempertimbangkan fakta persidangan tentang akibat dari perbuatan pidana. Pada Kasus pertama tindak pidana mengakibatkan luka ringan dan tanpa senjata tajam. Kasus kedua tindak pidana mengakibatkan luka berat dengan menggunakan senjata tajam. Hakim menjatuhkan pidana penjara lebih berat pada kasus pertama yang seharusnya lebih ringan dari kasus kedua. Seharusnya hakim dalam menjatuhkan pidana hendaknya tidak hanya mempertimbangkan fakta yuridis, tetapi juga dengan cermat mempertimbangkan fakta persidangan dan fakta sosiologis.
ABSTRACT
This study aims to analyze the basis of judge's considerations in imposing of sanction against Maltreatment perpetrators. This research are empirical. The study concludes that there has been a criminal sanction disparity due to judge's failure to consider the facts of the trial regarding the consequences of criminal acts. In the first case, the crime caused minor injuries, while the second case caused serious injuries. However, the judge sentenced him to with longer time in prison in the first case than that of the second case. It is suggested that judges consider not only judicial facts in judging juridical facts, but also the trial and sociological facts.
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Zapasnik, Jonathon. "‘An endless procession of catastrophes’: Reading the War on Terror in Contemporary HIV Life Writing." Somatechnics 10, no. 2 (August 2020): 215–32. http://dx.doi.org/10.3366/soma.2020.0314.
Full textAbstract:
This paper examines the shifting paradigms of language used in HIV/AIDS life writing. As a testimonial genre, military metaphors have played a crucial role in mobilising communities and revealing how discourses around chronic illness inscribe themselves on the body. Through a textual analysis of three memoirs, Douglas Wright's Ghost Dance (2004) and Terra Incognito (2006), and David Caron's The Nearness of Others (2014), I argue that these texts represent a shift that instead engage metaphors of terrorism and security to convey meaning of lived experience and negotiate the precariousness of ongoing survival. Simultaneously, Wright and Caron maintain their health through protease inhibitors and reflect on the national anxieties produced by the September 11 terrorist attacks in the United States of America. Both writers draw on the language of terrorism, especially the images taken from the Abu Ghraib prison, to inform their own experiences as HIV-positive white, middle-upper class, gay men. The significance of these metaphors can be found in their individual struggles with depression. What this paper contributes to is an understanding of what it means to think about HIV after the pharmaceutical turn when HIV is no longer considered a death sentence in the Western world, how discourses of terror inform public and personal understandings of chronic illness and mental health, and how embodied experience informs autobiographical modes of expression, and vice versa.
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Sanjaya, Livianto, and Firman Wijaya. "ANALISIS KEBEBASAN BERPENDAPAT TERHADAP AGAMA MENURUT PASAL 156A KUHP (STUDI KASUS PUTUSAN NOMOR 784/PID/2018/PT.MDN)." Jurnal Hukum Adigama 2, no. 2 (December 15, 2019): 1230. http://dx.doi.org/10.24912/adigama.v2i2.6914.
Full textAbstract:
Meliana was charged with violating Article 156a of the Indonesian Criminal Code and was sentenced by a Medan District Court judge with 18 months in prison for being considered a religious blasphemy for complaining about the volume of the call to prayer near her home. The problem is how freedom of expression relates to religion according to Article 156a of the Criminal Code. The research method used in writing this thesis is normative legal research. The results showed that the Medan District Court Judge considered that the element of "blasphemy" was fulfilled by the fact that based on the conversation delivered by witnesses at the trial and there was a very real relationship between the complaints of the defendant and the anger of Muslims and the Fatwa of the Indonesian Ulema Council of North Sumatra Province stated that The defendant is blasphemous towards Islam, which is the religion of Islam adopted in the State of Indonesia. Freedom of opinion is not free freedom, but freedom that is limited by applicable regulations (Law). This case shows that the blasphemy law is actually a tool of conflict, not a conflict prevention as the government considers it. If this law is not abolished, then there must be a way for the law to "no longer be used." Law enforcement officials truly understand the essence of the blasphemy law, so as not to set a bad precedent in the midst of national pluralism.