Academic literature on the topic 'Penal-welfare system'
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Journal articles on the topic "Penal-welfare system"
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Einat, Tomer. "How Effective is Criminal Fine Enforcement in the Israeli Criminal Justice System?" Israel Law Review 33, no. 2 (1999): 322–38. http://dx.doi.org/10.1017/s0021223700016009.
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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.
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Povey, Larissa. "Where Welfare and Criminal Justice Meet: Applying Wacquant to the Experiences of Marginalised Women in Austerity Britain." Social Policy and Society 16, no. 2 (December 23, 2016): 271–81. http://dx.doi.org/10.1017/s1474746416000609.
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Research linking social and penal policy has grown extensively in recent years. Wacquant (2009) suggests that retrenchment of welfare support and expansion of the penal system work together to bear down on marginalised populations in a ‘carceral–assistential net’. Empirical and theoretical examinations of these regimes are often underpinned by gendered assumptions. This article addresses this limitation by foregrounding the experiences of women; qualitative interviews offer an insight into their experiences at the intersection of welfare and criminal justice policy in austerity Britain. Their reflections make visible the complex, heterogeneous raft of social assistance, institutional neglect and intensive intervention that characterises women's experiences of the ‘carceral–assistential net’. The evidence presented suggests that for marginalised women interventions intensify once behaviour becomes problematic or in times of crisis. While some interventions are valued by those engaged there is little significant impact on their socio-economic position.
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Prahassacitta, Vidya. "The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?" Humaniora 7, no. 4 (October 30, 2016): 513. http://dx.doi.org/10.21512/humaniora.v7i4.3604.
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The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.
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Auerbach, Sascha. "“Beyond the Pale of Mercy”: Victorian Penal Culture, Police Court Missionaries, and the Origins of Probation in England." Law and History Review 33, no. 3 (June 22, 2015): 621–63. http://dx.doi.org/10.1017/s0738248015000280.
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One of the most striking changes in the penal culture of fin-de-siècle Europe was England's reform of adjudication and punishment. In this “de-moralization of criminality,” the system began to shed its punitive sentencing, which often saw minor offenders imprisoned with hard labor for weeks or months, to adopt a more moderate system of penalties. These concrete changes were intertwined with a broader shift in British criminological thinking from a “classical” view to a “positivist” one. The former held offending to be a rational, individual choice that required severe deterrents, whereas the latter saw criminality as a product of harsh economic and social conditions. This shift in dominant understandings of criminality prompted reformers, judicial officials, police, and policymakers to refocus on the causes of crime and its prevention, the offender as a subject, and the potential for treatment and rehabilitation through state intervention. A central practice of the resultant “penal-welfare complex” was supervised probation as a substitute for imprisonment. Scholars of penal reform have argued that the passage of the Probation of Offenders Act 1907, which initiated the professionalization of the probation service, was a key moment in this transition. With it, such arguments hold, England took a substantial step from having a discretionary, moralized criminal justice system toward having a standardized, bureaucratic one.
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Ali, Mahrus. "PENDEKATAN HAK ASASI MANUSIA PADA SISTEM PEMIDANAAN DAN PUTUSAN PERKARA KORUPSI." Veritas et Justitia 6, no. 1 (June 28, 2020): 23–48. http://dx.doi.org/10.25123/vej.3479.
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This juridical normative and empirical study is conducted with the aim at analyzing the relationship between corruption and human rights violation. Two issues shall be discussed, i.e. what factors inhibits the use of human right approach in corruption cases and what changes can be made to the criminal justice system, especially in relation to the penal judgement. One factor inhibiting the use of a human right approach in handling corruption cases in the perspective of treating corruption as pure criminal act wholly unrelated to violation of human rights. To rectify this situation and accommodate this human right approach, the author recommends to prioritize and use fine which basic value is social welfare. Court decision in corruption cases, in addition, should when evaluating elements of crime charges, explicitly describe those rights of the victims which are violated and use this consideration in determining what penal sanction are to be given.
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Wacquant, Loïc. "Die Bedeutung des Gefängnisses für das neue Armutsregime." PROKLA. Zeitschrift für kritische Sozialwissenschaft 38, no. 152 (September 1, 2008): 399–412. http://dx.doi.org/10.32387/prokla.v38i152.461.
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The spectacular growth of incarcertion in the U.S. can hardly be explained by the genesis a "prisonindustrial complex," as suggested by some criminologists, journalists and justice activists. Instead we must look at the rise of the "liberal-paternalist state", in which the prison functions as part of a triadic institutional nexus: The penal system contlibutes directly to regulating the lower segments of the labor market; it complements and compensates for the collapsing ghetto as device for the confinement of a population considered deviant, deviolls, and dangerous; and it is directly connected to the logic of welfare-to-workfare reforms.
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Sangster, Joan. "Criminalizing the Colonized: Ontario Native Women Confront the Criminal Justice System, 1920–60." Canadian Historical Review 102, s2 (July 1, 2021): s387—s410. http://dx.doi.org/10.3138/chr-102-s2-004.
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Over the past decade, Aboriginal women’s conflicts with the law and their plight within the penal and child welfare systems have received increasing media and government attention. Framed by the political demands of Native communities for self-government, and fuelled by disillusionment with a criminal justice system that has resolutely failed Native peoples—both as victims of violence and as defendants in the courts—government studies and royal commissions have documented the shocking overincarceration of Native women. At once marginalized, yet simultaneously the focus of intense government interest, Native women have struggled to make their own voices heard in these inquiries. Their testimony often speaks to their profound alienation from Canadian society and its justice system, an estrangement so intense that it is couched in despair. “How can we be healed by those who symbolize the worst experiences of our past?” asked one inmate before the 1990 Task Force on federally sentenced women.2 Her query invokes current Native exhortations for a reinvention of Aboriginal traditions of justice and healing; it also speaks directly to the injuries of colonialism experienced by Aboriginal peoples.
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Morton, Rochelle, Michelle Hebart, Rachel Ankeny, and Alexandra Whittaker. "Portraying Animal Cruelty: A Thematic Analysis of Australian News Media Reports on Penalties for Animal Cruelty." Animals 12, no. 21 (October 25, 2022): 2918. http://dx.doi.org/10.3390/ani12212918.
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Media portrayals of animal cruelty can shape public understanding and perception of animal welfare law. Given that animal welfare law in Australia is guided partially by ‘community expectations’, the media might indirectly be influencing recent reform efforts to amend maximum penalties in Australia, through guiding and shaping public opinion. This paper reports on Australian news articles which refer to penalties for animal cruelty published between 1 June 2019 and 1 December 2019. Using the electronic database Newsbank, a total of 71 news articles were included for thematic analysis. Three contrasting themes were identified: (1) laws are not good enough; (2) laws are improving; and (3) reforms are unnecessary. We propose a penalty reform cycle to represent the relationship between themes one and two, and ‘community expectations’. The cycle is as follows: media reports on recent amendments imply that ‘laws are improving’ (theme two). Due to a range of inherent factors in the criminal justice system, harsher sentences are not handed down by the courts, resulting in media report of ‘lenient sentencing’ (theme one). Hence, the public become displeased with the penal system, forming the ‘community expectations’, which then fuel future reform efforts. Thus, the cycle continues.
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Silaen, Febriyanti, and Syawal Amry Siregar. "HUBUNGAN KEBIJAKAN KRIMINAL DENGAN KEBIJAKAN HUKUM PIDANA." Jurnal Darma Agung 28, no. 1 (May 20, 2020): 8. http://dx.doi.org/10.46930/ojsuda.v28i1.455.
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The problem of overcoming crime in the community cannot be separated from the word Criminal policy which is carried out in the efforts of criminal policy and political policy. The relationship of criminal policy with criminal law policy is equally tackling crime where one is, by means of a penal effort while the difference is with non-criminal words or with the enforcement system only, if the criminal policy uses the word criminal justice system, with some crime prevention and handling by means of Penalty has several stages: Formulation (Legislative Policy), Application (Judicial or Judicial Policy); Execution (Executive Policy). Criminal countermeasure policy is the same as criminal law policy, which is protecting society to achieve social welfare. The effectiveness of criminal sanctions can be an important aspect to support the achievement of the criminal policy.
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Cunneen, Chris. "Institutional racism and (in)justice: Australia in the 21st century." Decolonization of Criminology and Justice 1, no. 1 (October 22, 2019): 29–51. http://dx.doi.org/10.24135/dcj.v1i1.9.
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This article focusses on systemic and institutionalised racism against Indigenous people as a contemporary feature of the Australian social and penal landscape, and its implications for justice. There has been ongoing concern with institutional racism within the criminal justice system, however, this article concentrates on the intersection between institutional racism in non-criminal justice settings and their compounding effect on criminalization. Despite legal prohibitions on racial discrimination, various forms of institutional racism continue unabated. Indeed, part of the argument is that broader political changes particularly associated with the influence of neoliberalism on social policy have exacerbated the problem of institutional racism and redefined and reinforced the link between welfare and criminalization. Indeed, social welfare has come to be informed by the same values and philosophies as criminal justice: deterrence, surveillance, stigma and graduated sanctions or punishments. How might we understand these broader shifts in the public policy environment, to what extent do they reflect and reproduce institutional racism, and how do they bleed into increased criminalization? I endeavour to answer this question through the consideration of two specific sites of social welfare policy – child protection and social housing – and to consider how systemic and institutional forms of racism play out in daily life for Indigenous people and how they interact with criminal justice.
Dissertations / Theses on the topic "Penal-welfare system"
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CELLINI, GIOVANNI. "Controllo sociale, servizio sociale e professioni di aiuto nel sistema penitenziario." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2013. http://hdl.handle.net/10281/41613.
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In Italy there is a prison and probation system based on a rehabilitative model that is aimed at social reintegration of the author of the crime, which is connected with social policies and entrusts relevant tasks to the helping professions. Among these, social work is affected by changes in social policies and a new social order, marked in Europe by the influence of neo-liberal thought (Lorenz, 2005; Dalrymple, Burke, 1995, 2006). In this scenario, changes in social policies, which have occurred with the crisis of the welfare state, are interwoven with those of criminal policies. The central research question, proposed in contemporary sociological literature, with particular reference to the U.S. and Britain, is of the gradual transition from a model mainly focused at ensuring social welfare, to a model in which the dominant interest is to increase effective social control (Garland, 2004). In this “new welfare” there has been an impoverishment of social protection, and resources for the most vulnerable segments of the population. This process has led - in some cases - to discriminatory policies, aimed at segregation and incarceration of the most disadvantaged people. In the research presented in this paper, 43 semi-structured interviews were carried out in three regions of northern Italy, to professionals working in the penitentiary sector (mainly social workers). Through them, we have focused on the representations of the respondents on specific issues, including: the crisis of the welfare state in relation to the penal-welfare system, the culture of control and the changes in the functions and activities of social workers. Results show that social workers reject punitive responses, especially those towards the most disadvantaged social groups. Furthermore, in a long-term assessment, there does not seem to emerge, for social workers, a loss of strength as a group and status. There is, in fact, a certain evolution of social work from the methodological point of view, the attention of the profession to internal organizational issues and networking with other local agencies. On the other hand, in the crisis of welfare state and the rehabilitation ideal, political ideals and "strong" values, felt by the entire professional community, seem to be lacking.
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Carvalho, Marco António Cabeçais. "O abuso de confiança contra a Segurança Social: Da(s) inconstitucionalidade(s) da sua interpretação." Master's thesis, 2017. http://hdl.handle.net/11328/1893.
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A presente dissertação analisará o Estado Social, a sua origem, apresentará um conceito do mesmo, o que este abrange, onde este se encontra plasmado na Constituição da República, qual a sua sustentabilidade, as formas de financiamento e se o crime de abuso de confiança contra a Segurança Social é a essência do seu suporte. Ademais será verificada a desconformidade da interpretação jurisprudencial estabelecida no Acórdão de Fixação de Jurisprudência n.º 8 / 2010 de 23 de Setembro e em que serão demonstradas as possíveis inconstitucionalidades da sua interpretação e aplicação.This present dissertation will examine the welfare state, its origin, will present a concept, what it covers, where it is enshrined in the Constitution of the Republic, its sustainability, ways of financing it and if the crime of embezzlement against Social Security is the core of its support. Also it will be analyzed the disconformity of judicial interpretation established in the Judgement n.º 8/2010 of 23rd of September and which it will be demonstrated the possible unconstitutionality´s of its interpretation and application.
Books on the topic "Penal-welfare system"
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Seal, Vera G., and Philip Bean. Barbara Wootton : Selected Writings : Volume 2 : Crime and the Penal System II: Social Welfare. Palgrave Macmillan, 2014.
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Big Prisons, Big Dreams: Crime and the Failure of America's Penal System (Critical Issues in Crime and Society). Rutgers University Press, 2007.
Find full textBook chapters on the topic "Penal-welfare system"
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Dugdale, William, and Sarah Hean. "The Application of Norwegian Humane Ideals by Front-Line Workers When Collaboratively Reintegrating Inmates Back into Society." In Improving Interagency Collaboration, Innovation and Learning in Criminal Justice Systems, 111–38. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-70661-6_5.
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AbstractThe purpose of this chapter is to explore how the humane Norwegian policy principles and values may impact the prison-based practices and the implications of these for the collaborative work undertaken by front-line personnel. Humane traditions are considered a substantial focus of the Norwegian prison system and its policies. The approach in Norway is supported by increasing empirical evidence that shows the system to centralise the welfare of inmates. It emphasises offender rehabilitation and reintegration rather than merely punishment as a fundamental means to reduce reoffending. However, the collaborative practice that may arise as a consequence of these traditional values is underexplored. Two case studies were undertaken with front-line staff working in a Norwegian prison transitional residence (Overgangsbolig). This is the final phase of an inmate’s sentence while being reintegrated back into society. The study found that staff in their collaborative working practices adhered either to the aim of normalising the lives of their inmates after long periods of incarceration (normalisation ideals) or reparative ideals that reflected the system’s humane focus on rehabilitation and reintegration takes precedence over punishment. We conclude that irrespective of differing professional disciplines, there seems to be compatibility between the overarching principles and values of penal policy and front-line ideals to promote collaborative practices at the reintegrative phase of the Norwegian prison system. The shared application of these humane ideals promoted collaborative practice among the front-line workforce while focusing upon the provision of welfare to inmates and their impending reintegration back into society.
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Povey, Larissa. "Punishment, powerlessness and bounded agency: exploring the role of welfare conditionality with ‘at risk’ women attempting to live ‘a good life’." In Dealing with Welfare Conditionality, 41–68. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781447341826.003.0003.
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This chapter explores the lived experiences of women at the penal-welfare nexus, a space where social policy and penal policy overlap. Drawing on new empirical data from qualitative interviews with 24 women who have been subject to criminal justice supervision and interventions in the community and who are in receipt of social assistance benefits, it explores their attempts to move away from the social margins and move closer to the labour market. It therefore examines how UK social institutions, and in particular a welfare system characterised by increasing conditionality, impact on women engaged in community-based services which aim to divert them from prison and reduce recidivism. In doing so, it foregrounds the context of gendered precariousness which criminalized women inhabit at the penal-welfare nexus. This author argues that the problem for this group is not so much the behaviour change agenda and sanctions that underpin the UK’s increasingly conditional social security system; many make attempts to live a 'good life', and the experience of sanctioning is low – rather, for women experiencing advanced marginality, it is the dearth of support available to help them reach their goals.
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Kohler-Hausmann, Julilly. "Introduction." In Getting Tough. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691174525.003.0001.
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This introductory chapter talks about how American lawmakers “got tough” on drugs, welfare, and crime. These political choices drove one of the most dramatic expansions of a penal system in world history, but policymakers did not simply increase the number and severity of penal sanctions. They also continued degrading the civic standing of those convicted of crimes, imposing limitations on their access to state benefits, employment opportunities, and civil and political rights. As lawmakers and state officials funneled more resources into the penal system, they also retrenched many social welfare programs, particularly those imagined to be serving poor, “nonworking” people of color.
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Kohler-Hausmann, Julilly. "The Welfare Mess." In Getting Tough. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691174525.003.0004.
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This chapter explains how lawmakers and administrators, at the state and federal levels, attempted to narrate and respond to the worsening policy conditions. The landmark welfare reforms that Ronald Reagan spearheaded as governor of California in the early 1970s constricted eligibility standards, heightened bureaucratic scrutiny, instituted work requirements, and enlisted the penal system to handle fraud and child-support collections. Restrictive welfare reforms and anti-AFDC rhetoric mobilized a host of racially charged frustrations to halt the tentative steps toward a broader economic citizenship. The tangled, dialogical (or perhaps caustic) interaction between elites and the grassroots gave these issues force and propelled their course. Animosity toward recipients intensified during the highly publicized efforts to shrink welfare rolls through work requirements, surveillance, and fraud prosecutions.
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Cummins, Ian. "Welfare and Punishment in a ‘Stark Utopia’ (1979–2015)." In Welfare and Punishment, 13–26. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529203899.003.0002.
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Polanyi (1957) described the notion of a self-regulating global system a “stark Utopia.” This chapter uses this as a starting point to examine the broad themes in the development of welfare and penal policy in a period dominated by free market economics Fukuyama (1992) presents the triumph of free market economics as an inevitable conclusion of trends in human history. It is also presented as the final stage development has ceased or is complete. Polanyi’s analysis is presented a counterpoint to this analysis. Polanyi asserts the primacy of politics. Thus, it is impossible to separate economic and political development. Prosperity of the post war period can thus be viewed as a direct result of the advances in politics and civil society that occurred in the period.
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Morgan, Rod, and David J. Smith. "6. Delivering more with less: austerity and the politics of law and order." In The Oxford Handbook of Criminology. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198719441.003.0007.
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The background to the contemporary politics of crime is the historical process between about 1850 and 1920 through which a purely punitive and retributive criminal justice system was replaced by a ‘penal-welfare complex’ involving a range of charitable organizations and public officials, with the aim of control through instruction, regulation, and support, as well as punishment. Despite shifting emphases, no political party has rejected the entire settlement. Trends in crime and public opinion show that political discourse is not driven by crime trends and that politicians have considerable scope to make the weather. After a period of expansion of the penal-welfare complex under Labour (1997–2010), policy under the Conservative-Liberal Coalition (2010–15) was driven by the need to cut expenditure following the financial crash of 2008. This led to the marketization of large parts of the penal system, most notably probation, a development accompanied by the ‘Big Society’ rhetoric about devolution of power to local people. Meanwhile, a hardline punitive rhetoric was accompanied by a remarkable reduction in youth custody. The new Conservative government in 2015 looked set to embark on radical and progressive prison reforms until the resignation of the prime minister following the EU referendum. Thus complex and conflicting policies and ideas did not map onto political parties and allegiances in a simple or coherent way.
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El Amine, Loubna. "Rules and Regulations." In Classical Confucian Political Thought. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691163048.003.0003.
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This chapter focuses on policies relating to security and the use of penal force, welfare and general economic measures, and the methods used for appointment to public office. The fulfillment of these policies achieves a basic level of political order, and they do not operate through the exemplary power of the virtue of the ruler, but rather through the regulation of the “basic structure” of society—the penal code, the procedures for promotion, the taxation system, and the use of the commons, among others. The chapter aims to answer the question of what consists a successful zheng (government), or, in other words, what governing should consist of such that the ruler manages to make his country zhi (the achievement of order).
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Cummins, Ian. "Welfare, punishment and neoliberalism." In Poverty, Inequality and Social Work. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447334804.003.0005.
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This chapter examines the broader impact of neoliberalism on welfare and penal policy, arguing that there has been an ideological and culture shift, which can be summarised as follows: the War on Poverty to a War on the Poor. It first considers three types of welfare states — liberal welfare states, conservative/corporatist welfare states, and social democratic welfare states — and the neoliberal argument against welfare systems before discussing the government's policy of welfare retrenchment known as austerity. It also analyses the rise of the penal state, the trend called ‘governing through crime’, some of the inherent contradictions within the penal state, issues surrounding penal policy, and prison conditions as a key area of concern for social work as a profession.
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Garland, David. "3. Punishment and welfare: social problems and social structures." In The Oxford Handbook of Criminology. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198719441.003.0004.
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This chapter examines the complex relationship between ‘punishment’ and ‘welfare.’ It traces the various ways in which penal systems are influenced by, and interact with, broader systems of social welfare and how these linked institutions function as modes of social control and class control. Following a critical review of the historical and comparative literature—and associated questions of data and method—it discusses how penal and welfare policies relate to the social problems they purport to address and to the political and socio-economic structures within which they operate. ‘Penal-welfarist’ and ‘welfarist’ practices are defined and differentiated, some common elements of practices of punishing and assisting are identified, and the fundamentals of ‘the welfare state’ and its recent neoliberal history are explained.
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Settle, Louise. "Reforming the ‘Fallen’: Voluntary Organisations, Probation and the Informal Regulation of Prostitution." In Sex for Sale in Scotland. Edinburgh University Press, 2016. http://dx.doi.org/10.3366/edinburgh/9781474400008.003.0004.
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This chapter focus on the informal regulation of prostitution by examining the role of religious voluntary organisations in ‘rescuing fallen women’. Instead of punishing women who were caught soliciting by sending them to prison, the police and magistrates often turned to probation and voluntary organisations in an attempt to rehabilitate these women using a more penal welfare approach. The first half of this chapter will outline the ways in which probation sentences were used to police women who committed prostitution offences and examine the close links that existed between the new probation service and voluntary institutions. The second section will look more closely at the daily activities of these voluntary organisations, focusing particularly on the Magdalene Asylums, the Scottish National Vigilance Association (SNVA) and the Women Patrols. These case studies explore the ideologies, aims and methods of these organisation and how the daily routines and experiences of the ‘inmates ‘changed during the period. These case studies will allow us to examine how the collaborations that were established between these voluntary organisations, the police and the probation service influenced the regulation of prostitution and women’s experiences of the criminal justice system.