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1
Ighnatenko, E. V. "Capital punishment." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33628.
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Some crimes are so terrible that the only appropriate punishment is death. Furthermore, the existence of the death penalty deters violent crime. Capital punishment means condemning a criminal to death, regardless of the method of execution used. Execution by the state has a long history, and legislation around the issue is still changing.
When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33628
2
Javan, Jafari Bojnordi Abdolreza. "Religion, culture and punishment : rethinking the sociology of punishment." Thesis, University of Glasgow, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.479134.
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Gallagher, Scott. "Replacing punishment: the ethics of alternatives to legal punishment." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/14079.
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The purpose of this dissertation is to analyze the morality of putative alternatives to punishment. I will explore what makes them non-punitive, define them, and analyze whether they can be justified. The structure of the dissertation is as follows. The first chapter investigates the concept of punishment. I will defend a definition of punishment: authorized, retributive, intended harm. Then I will proceed to explain the need to justify punishment, and give an overview of how it is at least plausible to believe that no justification has yet succeeded. I will end the chapter with a brief discussion of the requirements of a criminal justice system. The second chapter is about money. I will scrutinize whether the theory of 'pure restitution' may completely replace punishment. I will argue that it cannot, and furthermore I will caution against the widespread use of mandatory monetary restitution. I will also provide a positive argument for the state's duty to provide compensation to victims of violent crime. The third chapter brings in the true heavyweights for non-punitive interventions: offender rehabilitation and offender incapacitation. After defining them, explaining why they are non-punitive, and defending justifications for them, I will conclude that they provide the most substantive opportunities for the state to shift its criminal justice burden s away from punishment. In the fourth chapter I will explore rituals: restorative justice conferences, trial and therapeutic jurisprudence, re-entry ceremonies and apologies. My argument for a minimally punitive regime will come together in the last chapter. In doing so I will explain why a state must rely on punishment to a small but crucial extent, and that punishment can be minimized drastically in comparison to today's practices. I will also address concerns regarding security and deterrence.
4
Tamburrini, Claudio Marcello. "Crime and punishment?" Doctoral thesis, Stockholm : Almqvist & Wiksell International, 1992. http://catalog.hathitrust.org/api/volumes/oclc/27020392.html.
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Hosmanek, Andrew John. "Punishment in practice." Diss., University of Iowa, 2015. https://ir.uiowa.edu/etd/1853.
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Ethical breaches committed by professionals are an important problem, both within the professions and for society as a whole. In this study, I examined breaches committed in one of the oldest and most-regulated professions, law, across three states. Using a sample of 377 actual disciplinary cases, I quantitatively evaluated the breaches and the punishments assessed to determine if justice is being applied proportionally and consistently. This study showed several potential disconnects between how decision-makers say they will punish, and how they actually punish. Punishment theory states that punishments should be applied in accordance with the blameworthiness of the offense and offender. I identified the factors in these cases that should correspond to blameworthiness, and found that some of the theorized factors (such as target and intentionality) did not matter in determining punishment. The study showed that neither prior good acts nor prior discipline mattered for punishment. It also showed that an offender’s noncooperation with his or her own investigation may be one of the most important factors in determining punishment, which raises questions of justice. Additionally, my study shows that impaired professionals who commit ethical breaches may be treated differently than unimpaired professionals. While mental impairment or any kind of substance abuse ought to be mitigating factors, only professionals with alcohol problems were treated more leniently. Textual analysis revealed that decision-makers used a significantly more passive tone when dealing with alcohol-impaired offenders.
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Allen, Danielle. "A situation of punishment : the politics and ideology of Athenian punishment." Thesis, University of Cambridge, 1996. https://www.repository.cam.ac.uk/handle/1810/272426.
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Moradian, Davood. "Punishment across borders : transnational conceptions of punishment : the conception of punishment in classical Athens, Islam and international criminal justice." Thesis, University of St Andrews, 2006. http://hdl.handle.net/10023/11019.
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This thesis sets out to research the concept and institution of punishment in three cultures and systems of classical Athens, Islam and International Criminal Justice. The second overall objective of this thesis is to establish how the insights from these three traditions can enrich our understanding of the concept of punishment and also designing humane, just and effective methods of punishment. I will argue that our response to wrongdoing can be divided into three distinct categories: punitive measures, impunity, and forgiveness. This thesis will contend that western-oriented concept and methods of punishment have paid inadequate attention to the third category, forgiveness. This imbalance between the three categories of responses to wrongdoing has led to the crises of self-definition and effectiveness of the leading theories and methods of punishment. I propose that in order to address some of the conceptual and institutional deficiencies of modern institutions of punishment, we must contemplate communitarian, restorative and cross-cultural approaches, in particular in the context of post-conflict justice and international criminal justice. I identify the Islamic concept and institution of punishment as a suitable model that can make valuable contributions to such an endeavour. In examining the concept and institution of punishment, I will also argue that the institution of punishment of a given society/tradition is a gateway that sheds light on other aspects and institutions of the society. As such a closer examination of the institution of punishment in the cultures under investigation would question the popular views and prejudices about democratic Athens, Islamic world, and liberal democracy.
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Marshall, David Evelyn. "The Qur'anic punishment-narratives." Thesis, University of Birmingham, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.560563.
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The Qur'anic punishment-narratives have received comparatively little academic attention, but are a source of valuable insights into Muhammad's experience at Mecca. They reflect the expectation that God would intervene in this world to punish the unbelievers and vindicate the believers. They also reflect the painful complexity of Muhammad's situation at Mecca: he is torn between conflicting impulses towards attachment to his people and obedience to God. A tendency to deny the former impulse for the sake of the latter is apparent in later Meccan passages. The Hijrah raises the question of how the threat to the unbelievers of divine punishment in this world will be fulfilled. In a process within which the battle of Badr is the key moment, this threat is fulfilled but transformed. The unbelievers are indeed punished in this world, but this divine intervention is now mediated through the believers, a possibility not anticipated at Mecca, and a once-for-all act of devastation is replaced with a gradual military and political campaign. In this transition from Meccant o Medinanp aradigmsth e narrative content of the Qur'an changes significantly, and the Qur'an as a whole presents a very different understanding of the triangular relationship between, firstly, God; secondly, the messenger and his community; and, thirdly, the unbelievers.
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Norrie, Alan William. "Law, ideology and punishment." Thesis, University of Dundee, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431723.
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Hanna, Nathan Tamer. "The justifiability of punishment." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2008. http://wwwlib.umi.com/cr/syr/main.
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Thakur, Subhasis. "Punishment in Multiagent Systems." Thesis, Griffith University, 2012. http://hdl.handle.net/10072/367215.
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Maintaining control over the autonomous agents is a major concern in MultiAgent
Systems (MAS). Social laws or norms are used to specify the expected ideal behaviors
from the agents. Although several norm enforcement mechanisms are developed to
encourage the agents to remain compliant with the norms or the social laws, still
there is a lack of a formal analysis of punishment in MAS. In this thesis, we develop
punishment models and analyze certain implementation issues.
Our contributions are twofold, firstly, we model the punishment procedure and
then, we study certain side effects of executing the punishment. We model a MAS as a
network and punishment as cuts in that network. A cut separates the violators from the
compliant agents. As they can not interact with the compliant agents, they are deprived
from the utility that they would get from executing certain joint actions with the
compliant agents. Hence they get punished. This form of punishment is common in our
society such as `jail' or `economic sanctions'. In this context, we use auctions, coalitional
games and party affiliation game to analyze the punishment procedure. Based on these
models of punishment we develop a punishment regimentation mechanism, that compels
the compliant agents to punish the violators. Additionally, we use NAE-SAT games to
analyze the adverse eects of such regimentation.
In the second part of the thesis, we study the side effects of isolating the violators,
which can decrease the connectivity of the MAS. As connectivity is decreased, agents are
less likely to collaborate. Hence the efficiency of the MAS also decreases. We use edge
augmentation to recover connectivity. In this context, we study Nash equilibrium of an
edge augmentation game and nally, we use multiple source spanning tree completion
problems to study more complex scenarios of connectivity recovery.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Institute for Integrated and Intelligent Systems
Science, Environment, Engineering and Technology
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Dacam, John H. "'Wanton and torturing punishments' : patterns of discipline and punishment in the Royal Navy, 1783-1815." Thesis, University of Hull, 2009. http://hydra.hull.ac.uk/resources/hull:2708.
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The Royal Navy during the period between the end of the American Revolutionary War and the defeat of Napoleon had a record of success that was second to none, but it has long been held that this reputation was secured at the expense of its crews, who were forced to endure atrocious conditions and brutal punishments. In recent years this accusation has been challenged, and it has been argued, instead, that the punishment regime, in particular, was consonant with the criminal justice system ashore. This thesis is a contribution to the debate, specifically addressing the question of whether or not the infliction of summary punishment was administered as a measured response to misbehaviour on board or was, as has been charged, random and harsh.The research behind it included an examination of the captains’ and masters’ logs from a sample of warships of the period in order to extract the data contained within them concerning summary punishment. The literature covering the debate is examined, leading to an explanation of the objectives of the research and the methodology employed. The data from the logs is placed in context with a discussion of the nature of the punishments concerned, and the men involved in the process. Finally, the results of the analysis of the data, and especially any patterns that shed light on the nature of the response, are presented.
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Westerberg, Charles G. "A tangled web of affiliation : explaining exceptionalism in patterns of capital punishment usage /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3025661.
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Molander, Joakim. "Straffets grammatik." Åbo : Åbo akademis förlag, 2002. http://books.google.com/books?id=JqKPAAAAMAAJ.
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Gradwell, Adriaan. "A survey of teachers' attitudes towards corporal punishment after the abolition of corporal punishment." Thesis, University of the Western Cape, 1999. http://etd.uwc.ac.za/index.php?module=etd&.
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Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management.
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Nguyen-Thanh, Mai-khoi. "Does capital punishment save lives? an examination of the deterrent effect of capital punishment /." Diss., Connect to the thesis, 2008. http://hdl.handle.net/10066/1454.
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Ljungberg, Anja Skov. "Functional Punishment. A discursive study of functional punishment-representations in MetroXpress’ news articles, 2018." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21301.
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In this thesis project, the phenomenon of news media representation of punitivism has been researched through a methodology of a socio-semiotic discourse analysis framed within a theoretical structure of Durkheimianism and news value components. Articles concerning MetroXpress’ representation of criminal deviance and punishment were located through a buzzwords search within the newspaper’s online data archives. The search granted a total of 702 word-occurrences appearing in 216 separate news articles. The discourse analysis seperated these articles into the five sub-discourses of “Blurbs”, “Verdicts”, “Spectacle”, “Single Agent Focus” and “Cultural Context”. The distribution of articles pertaining to specific sub-discourses were distributed such that the highest concentration of articles was present in the “Blurbs” discourse, closely followed by “Verdicts”, placing “Single Agent Focus” and “Spectacle” in the middle, while the “Cultural Context” discourse was made up of the fewest articles. The methodology granted insight into functional punishment and MetroXpress’ representation of criminal deviance, revealing the newspaper’s discourse to be one of situated timeliness which positively promoted judicial-systemic activity. Presenting an anti-Durkheimian conception of deviance in relation to its supposed manifestation in any society, the newspaper presents the phenomenon as defeatable by the judicial system. In this regard, MetroXpress has positioned itself as the mouthpiece of the justice system, in such a manner that they function as a legitimizing force for the punitive system. Beyond the hierarchy of eliteness which permeates the discourse, a normalization of the conception of criminal deviants as dysfunctional obstacles who prohibit organic social cohesiveness is another facet of the discourse. Consequently, a primary focal point within the narratives center on the functional relationship between the deviant individual, systemic representatives and their relation to social cohesiveness.
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Wang, Qian. "Comparative studies in justifying punishment." Click to view the E-thesis via HKUTO, 2002. http://sunzi.lib.hku.hk/hkuto/record/B44139330.
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Draper, Anthony Jonathan. "Jeremy Bentham's theory of punishment." Thesis, University College London (University of London), 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.722686.
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Johnson, Amanda Jane. "An Ideal Justification of Punishment." University of Sydney, 2006. http://hdl.handle.net/2123/1937.
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Doctor of Philosophy (PhD)Legal punishment is frequently regarded as a cornerstone of both the legal system and of society more broadly yet (surely to its detriment) it is a practice which lacks a firm philosophical foundation. In spite of exercising many extremely capable legal and philosophical minds (particularly during the twentieth century) no generally agreed upon justification of punishment has been found. The nub of the problem has however been acknowledged as the inability of either of the major candidate theories (utilitarianism or retributivism) to provide an account able to address all the relevant parties. Whilst utilitarianism is often regarded as competent to the task of justifying punishment to society in terms of the attainment of some greater good, it seems entirely inadequate when it comes to formulating a justification to the criminal to explain why he has been singled out for punishment. And in the case of retributivism the situation is reversed. To the criminal it can be put that through punishment he is treated in accordance with what has done, but in the matter of justifying punishment to society, the key principle of desert is unable to be properly grounded. Thus the central motivation of this thesis is to attempt to redress this shortcoming in the philosophical literature and to formulate a viable justification of legal punishment. Ultimately it will be argued that the accounts of both Kant and Hegel offer a way of resolving the dilemma of punishment, and in particular their idealist orientation over and above their more widely acknowledged characterization as retributivists. In Kant’s case his contribution is derived from a reworked and more sophisticated version of his retributivism than is generally found in the literature, inspired by the work of Susan Meld Shell. Following Shell’s lead Kant’s construction of justice is explored and found to both enhance and support the traditional justification of punishment he can offer to the criminal, and to furnish an otherwise elusive justification of punishment to society more broadly. A reading of Hegel on punishment is also developed by taking seriously his theory of recognition and aspects of his logic, particularly regarding negation and contradiction. His account then addresses quite neatly and straightforwardly the three audiences for whom a justification of punishment is sought – the criminal, the victim and society itself. Not only does the thesis address the problem of punishment but it has further implications for Kant and Hegel scholarship as well as philosophy more broadly. One of the key points to come out of this thesis is that Kant and Hegel (if given adequate intellectual consideration) seem potentially able to offer up significant contributions to contemporary problems and issues beyond just the one argued for here regarding punishment. Their work is not merely of historical interest but has real and wide ranging possibilities which provide a rich resource for future research.
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Lie, Celia, and n/a. "Punishment and human signal detection." University of Otago. Department of Psychology, 2007. http://adt.otago.ac.nz./public/adt-NZDU20071004.134135.
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Detection and choice research have largely focused on the effects of relative reinforcer frequencies or magnitudes. The effects of punishment have received much less attention. This thesis investigated the effects of punishment on human signal-detection performance using a number of different procedures. These included punisher frequency and magnitude variations, different types of punishers (point loss & time-outs), variations in stimulus disparity, and different detection tasks (judgments of stimulus arrays containing either more blue or red objects, or judgments of statements that were either true or false). It examined whether punishers have similar, but opposite, effects to reinforcers on detection performance, and whether the effects of punishment were successfully captured by existing models of punishment and choice.
Experiment 1 varied the relative frequency or magnitude of time-out punishers for errors using the blue/red task. Participants were systematically biased away from the response alternative associated with the higher rate or magnitude of time-out punishers in two of three procedures. Experiment 2 varied the relative frequency of point-loss punishers using the blue/red task and the true/false task. Participants were systematically biased away from the alternative associated with the higher rate of point-loss punishers for the true/false task.
Experiment 3 examined the effects of punishment on response bias from a psychophysical perspective. Previous detection research which varied stimulus discriminability while holding reinforcers ratios constant and unequal (Johnstone & Alsop, 2000; McCarthy & Davison, 1984) found that a criterion location measure (e.g., c, Green & Swets, 1966) was a better descriptor of isobias functions compared to a likelihood ratio measure (e.g., log β[G], Green & Swets, 1966). Experiment 3 varied stimulus discriminability while holding punisher ratios constant and unequal. Like previous research, isobias functions were consistent with a criterion location measure.
Experiments 4, 5, 6, and 7 examined contemporary models of choice and punishment. Experiments 4, 5, and 6 varied the relative reinforcer ratio in detection tasks, both with and without the inclusion of an equal rate of punishment. Experiment 7 held the reinforcer ratio constant and unequal, and varied the durations of time-out punishers. Increases in preference (for the richer alternative) from reinforcer-only conditions to reinforcer + punisher conditions would support a subtractive model of punishment, while decreases in preference would support an additive model of punishment.
Experiment 4 was a between-groups study using time-out punishers. It supported the predictions of an additive model. Experiment 5 used three different procedures in a preliminary within-subjects design, evaluating which procedure was best suited for a larger within-subjects experiment (Experiment 6). In Experiment 6, participants sat four reinforcer-only and four reinforcer + punisher conditions where reinforcers were point-gains and punishers were point-losses. The results from Experiment 6 were mixed - some participants showed increased preference while others showed little change or a slight decrease. This appeared related to the order in which participants received the reinforcer-only and reinforcer + punisher conditions. Experiment 7 also found no consistent change in preference with increases in time-out durations. Instead, there was a slow increase in bias on the richer alternative across the eight sessions.
Overall, punishers had similar, but opposite, effects to reinforcers in detection procedures (Experiments 1, 2, & 3). These effects were successfully captured by Davison and Tustin�s (1978) model of detection. The later experiments did not provide support for a subtractive model punishment model of choice, which had provided the best descriptor in corresponding concurrent-schedule research. Instead, Experiment 4 supported an additive model, and Experiments 5, 6, and 7 provided no evidence for either model - limitations and implications of these studies are discussed. However, the present thesis illustrates that the signal detection procedure is promising for studying the combined effects of reinforcement and punishment, and may offer a worthwhile complement to standard concurrent-schedule choice procedures.
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Pates, Rebecca. "A philosophical investigation of punishment /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82943.
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Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.
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Wang, Qian, and 王茜. "Comparative studies in justifying punishment." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2002. http://hub.hku.hk/bib/B44139330.
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Eriksson, Kimmo. "Informal punishment of non-cooperators." Thesis, University of Kent, 2017. https://kar.kent.ac.uk/65664/.
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According to an influential theory known as "strong reciprocity", humans cooperate at high levels due to the rise of altruistic punishers, that is, individuals who not only cooperate themselves but also informally punish non-cooperators. Strong reciprocity theory assumes that this punishment is costly to the punisher but beneficial to the group, that is, the punisher behaves altruistically. The theory further assumes that by engaging in this individually costly but group-beneficial behavior, punishers gain a good reputation. The aim of my dissertation is to critically examine the empirical validity of these assumptions through a series of experimental studies. Overall, I find that the assumptions of strong reciprocity theory are not supported. (1) Punishment of non-cooperators does not seem to be driven by punishers having the group's interest at heart. In fact, I find that punishers in economic cooperative games tend not to be more cooperative than non-punishers. Punishers also tend to punish both non-cooperators and cooperators. I conclude that punishers seem to be characterized by being generally punitive rather than being generally altruistic. (2) Punishers of non-cooperators do not seem to gain a good reputation in general. Rather, informal social norms about the use of punishment seem to restrict it more than encourage it. Moreover, people who face the choice of whether to punish a non-cooperator seem not to tend to think of punishing as the moral thing to do. My conclusion of these empirical results is that strong reciprocity theory paints an incorrect picture of the psychology of informal punishment of non-cooperators. I argue that this theory likely goes wrong already when it takes cooperative situations as its starting point, and that a better approach would be to assume that there is a more general psychology of informal punishment. I sketch what such an approach would entail.
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Chehtman, Alejandro Eduardo. "The morality of extraterritorial punishment." Thesis, London School of Economics and Political Science (University of London), 2009. http://etheses.lse.ac.uk/2344/.
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This thesis provides a philosophical account of the morality of extraterritorial punishment. The introduction clarifies the methodology by putting forward an analytical account of moral rights and endorsing the interest-based theory of rights, and presents a normative appraisal of the moral significance of political boundaries. Chapter 1 presents an innovative interest-based justification for the right to punish. Chapter 2 examines the extraterritorial scope of this right to punish with regards to domestic offences. It argues that the justification here advocated is the best suited to account for the strong intuition that the right to punish should be primarily territorial in scope, and provides a critique of the principles for states' power to punish offences committed extraterritorially currently in force under international law. The next part of the thesis focuses on extraterritoriality in the context of international criminal law. Chapter 3 argues that the defining feature of the concept of an international crime is that it warrants conferring upon some extraterritorial body the power to punish their perpetrators regardless of the nationality of both offender and victim. Chapter 4 provides a fresh look at universal and international jurisdiction, i.e., at the theoretical explanation for the proposition that every state should have the right to punish international crimes and the scope of the jurisdiction of the International Criminal Court. Chapter 5 provides a theory of legitimate authority to punish offenders. It relies on an innovative application of the influential service conception of authority to this specific question and permits a philosophical examination of issues such as show trials, victor's justice, tu quoque, and trials in absentia or against defendants who have been abducted abroad. A conclusion summarizes the central findings of the thesis and suggests possible avenues for future research.
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Olivier, Gerhard Hercules. "Educators' perceptions of corporal punishment." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/25323.
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Corporal punishment is a widespread phenomenon in South African schools in spite of legislation prohibiting spanking of learners. Section 10 of the South African Schools Act No 84 of 1996 states that No person may administer corporal punishment at a school to a learner. The legal consequences for an educator administering corporal punishment could result in dismissal. However, empirical evidence indicates that seven in every ten primary school learners and one in every two secondary school learners still receive corporal punishment from educators. Hence, the purpose of the study is to understand and explain corporal punishment from educators’ perceptions. Six educators from three schools were interviewed using a qualitative approach. Participant educators are not convinced that the use of corporal punishment is illegal and a criminal offence. The findings of the study show that these frustrated educators believe that corporal punishment is effective to maintain discipline in classes with a high educator-learner ratio. Furthermore, the participant educators are convinced that alternatives to corporal punishment are ineffective in comparison with the positive effect of corporal punishment on instruction and learning. The ineffectiveness of alternatives to corporal punishment is exacerbated by the poor support provided by the Department of Education in implementing these measures. The study concluded that the implementation of the abolishment of corporal punishment is a tug-of-war between legislation and reality.Dissertation (MEd)--University of Pretoria, 2010.
Education Management and Policy Studies
unrestricted
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Kalashnyk, T. A. "Criminal law: crimes and punishment." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33629.
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Criminal law (known as penal law) is the branch of law that deals with crime, criminals and the legal punishment of criminal offenses. Penal law is intended to protect the public from harm by inflicting punishment upon those who have already done harm and by threatening with punishment those who can to do harm. Criminal law also often tries to avoid harm by forbidding conduct that may lead to harmful results. It involves prosecution by the government of a person for a crime.
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Sorenson, Clare M. "Third-Party Punishment of Groups." The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1289412339.
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Wollschlager, Nicholas. "Capital punishment and political affiliation." Tallahassee, Fla. : Florida State University, 2008. http://purl.fcla.edu/fsu/lib/digcoll/undergraduate/honors-theses/210378.
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Chau, Peter Siu Chun. "Social deprivation and criminal punishment." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:59b68db7-20b7-461f-8c08-f8ee3e67d636.
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My aim in this thesis is to examine whether there are some mitigating factors, i.e. reasons to punish an offender less for his crime than an otherwise similar offender (other than that the offender suffered from mental disorder or disturbance or other forms of irrationality at the time of offence), that are more applicable to socially deprived offenders than to non-socially deprived offenders. I will answer the thesis question through a critical examination of twelve arguments for claiming that there is a mitigating factor that is more applicable to socially deprived offenders, each proposing a different mitigating factor. My conclusions are as follows: (1) Most of the arguments that I examine fail, i.e. they either fail to highlight a genuine mitigating factor, or we do not have much evidence that the mitigating factor highlighted by the argument has a greater applicability to socially deprived offenders than to non-socially deprived offenders. (2) However, one argument, which can be called the no violation of natural duties argument, is successful. (3) Moreover, the improvement of the worst off argument, an argument that is not often discussed in the literature, is particularly noteworthy. If my discussion about that argument is correct, then even if, as I will argue, the mitigating factor highlighted by that argument may not be more applicable to socially deprived offenders than to non-socially deprived offenders, the remaining parts of that argument would still have profound influence on punishment in our unjust societies.
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Hancocks, Thomas Leslie. "Transitional justice, punishment and security." Thesis, University of Leeds, 2017. http://etheses.whiterose.ac.uk/17895/.
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This thesis concerns the normative dimension of transitional justice—the problem of which moral and political values should guide the process of transition from conflict and authoritarian rule to democracy. The central thesis is that the value of security should be a normative priority in the process of transition, because establishing security is a necessary condition for democracy and other transitional measures (lustration, compensation, institutional development and reconciliation, to name but a few). The thesis develops an account of how the value of security informs a justification of the measures utilised in the transition to a politically legitimate state. In doing so, it explores how the value of security (much neglected in political philosophy) informs our understanding of central political problems and concepts—including state legitimacy, democracy, the function, content and value of laws (including the concept of the ‘rule of law’) and the role of human rights in state coercion. Far from being an issue confined to the academy, the problems of transitional justice are a reality for a number of states around the world who are struggling to achieve democracy. This thesis represents a contribution to the scholarship around this process of political transition. It seeks to show the important insights that moral and political philosophy can provide for the process of moving from conflict and authoritarian rule to democracy. In doing so, it illustrates how the problems of transitional justice are in fact central problems for political philosophy.
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Ferreira, Eduardo Ferraz Castelo Branco. "Socially optimal crime and punishment." reponame:Repositório Institucional do FGV, 2018. http://hdl.handle.net/10438/24018.
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The first essay of this thesis, co-authored by Rodrigo Soares, develops a dynamic life-cycle equilibrium model of crime with heterogeneous agents and human capital accumulation. Public security policies are defined as pairs of a size of the police force and an average length of sentences. We propose an original micro-founded public security technology linking the level of police expenditures to the probability of arrest. This essay also contributes to the literature by proposing a dynamic equilibrium framework to evaluate public security policies. Equilibrium effects can be potentially relevant because of dynamic interactions between the classical incapacitation and deterrence effects. The model allows us to explore the optimality of policies in a way that would not be possible with reduced form empirical estimates or with the traditional, partial equilibrium, static, theoretical models of crime. We conduct an exploratory quantitative exercise calibrating the model to US property crime data from the 2000s. The calibrated model points to overspending in police protection and over incarceration in that period, when compared to the optimal public security policy. The second essay of this thesis develops a dynamic equilibrium model of crime with heterogeneous agents and several types of wrongs---actions that generate inefficiencies. Criminal codes define which wrongs are punishable by the state and penal codes define the length of the sentence if an agent is apprehended by the police committing a crime. %Agents decide at each point in time whether to commit crimes by comparing potential gains from crime to the expected loss due to the probability of apprehension and the associated cost (freedom deprivation). Criminal justice systems are defined as triplets of a criminal code, a penal code and a size of the police force. The dynamic framework with a multi-crime/multi-punishment setting, allows exploring substitution across different types of crime and might generate counter-intuitive results, mostly unexplored in the literature. The model developed in this essay also allows the endogenous definition of the set of actions that constitute crimes, as part of the welfare maximizing design of the criminal justice system. The third essay, co-authored by Braz Camardo, develops a 3-period model in which agents have time-inconsistent preferences and have access to an illiquid financial asset. The model developed in this essay studies the relationship between risk aversion and the demand for a commitment device, as represented by the illiquid asset. The main result is that, in an environment with uncertainty, a higher risk aversion implies a higher demand for the illiquid asset, due to a commitment motive. This counter-intuitive theoretical result is able to reconcile seemingly contradictory evidence found in the recent empirical literature.
No primeiro ensaio da tese, em coautoria com Rodrigo Soares, é desenvolvido um modelo dinâmico com equilíbrio e ciclo da vida com agentes heterogêneos e acúmulo de capital humano. Políticas de segurança pública são definidas como um par de gastos em força policial e tempo de pena. Neste ensaio, propomos uma tecnologia de segurança pública original e micro-fundamentada que permite que se expresse o nível de gastos com policiamento com a probabilidade de prisão. Este ensaio também contribui com a literatura ao usar um modelo dinâmico de equilíbrio capaz de avaliar políticas de segurança pública. Efeitos de equilíbrio podem ser potencialmente relevantes devido às interações dinâmicas entre os efeitos de dissuasão e incapacitação. O modelo permite a obtenção de políticas de segurança pública ótimas que seriam impossíveis de serem obtidas a partir de estimações que considerem apenas reduzidas, ou, ainda, a partir de tradicionais modelos estruturais de crime que levem em conta equilíbrio parcial ou que sejam estáticos. Por fim, este ensaio conduz exercícios quantitativos de calibração usando dados dos EUA da década de 2000. O segundo ensaio dessa tese desenvolve um modelo de equilíbrio dinâmico com agentes heterogêneos e vários tipos de ações que gerem externalidades negativas. Códigos criminais definem quais ações são consideradas como crime e, portanto, são puníveis pelo Estado e códigos penais definem o tempo de pena médio para cada crime. Sistemas de justiça criminal são definidos como a tripla de códigos criminais, códigos penais e gastos em policiamento. O ambiente dinâmico com muitos tipos de crimes e punições permite que se explore efeitos de substituição entre diferentes tipos de crime, o que pode levar a resultados contra-intuitivos que ainda não foram explorados pela literatura. Por fim, os componentes deste modelo permitem uma definição endógena do conjunto de ações que deveriam ser consideradas como crime, já que a definição do código criminal pode ser escolhida de forma a maximizar o bem-estar social. O terceiro ensaio, em coautoria com Braz Camargo, considera um modelo com três períodos em que agentes são temporalmente inconsistentes e possuem acesso a ativos ilíquidos. Este modelo estuda a relação entre aversão ao risco e demanda por mecanismos de comprometimento, representada por um ativo ilíquido. O principal resultado é que, em um ambiente com incerteza, uma maior aversão ao risco maior implica uma demanda maior por ativos ilíquidos. Este resultado teórico contra-intuitivo é capaz de conciliar resultados aparentemente contraditórios da literatura empírica.
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Enblom, Kristian. "Duff's Communicative Theory of Punishment." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-395987.
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Kailani, Osaid. "Ruling of al-gharāmah (the fine) as ta'zīr punishment (discretionary punishment) in comparative Islāmic jurisprudence." Thesis, University of Wales Trinity Saint David, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683261.
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Khanyile, C. C. W. "Exploring attitudes of black educators towards corporal punishment and alternative methods of punishment in UThungulu District." Thesis, University of Zululand, 2014. http://hdl.handle.net/10530/1365.
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The Bill of Rights (Chapter 2) in the construction of the Republic of South Africa, Act No 108 of 1996, enshrines the rights of everyone to be free from all forms of violence, not
to be treated or punished in a cruel, inhuman and degrading manner.
In 1996 corporal punishment was banned in South African schools. According to the South African Schools Act No 840 (1996), it is the responsibility of the School Governing Body to involve all the stakeholders at the school to design and adopt a code of conduct (Department of Education, 2000).
The school will then provide alternative methods of corporal punishment and promote discipline without using punishment on learners.
This study aimed to explore attitudes of black educators towards corporal punishment and alternative methods of punishment in UThungulu District KwaZulu-Natal, South Africa. This study has revealed that most educators, especially young educators, have positive attitudes towards the alternatives to corporal punishment. Some educators feel that corporal punishment still has a place in society.
The findings also revealed that corporal punishment is still used by educators despite the legal ban. Indeed the escalation of learner indiscipline cases in South African schools suggests failures by educators to institute adequate alternative disciplinary measures after corporal punishment was banned in South Africa (Maphosa & Shumba, 2010). Educators feel disempowered in their abilities to institute discipline in schools in the absence of corporal punishment. They view alternatives as ineffective and time consuming.
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Leibbrandt, Andreas. "Essays on cooperativeness, impatience, and punishment /." [S.l.] : [s.n.], 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?sys=000276927.
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Briscoe, Suzanne Marie Social Science & Policy UNSW. "Deterrence, punishment severity and drink-driving." Awarded by:University of New South Wales. Social Science and Policy, 2005. http://handle.unsw.edu.au/1959.4/23442.
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This thesis tests one of the major propositions of deterrence theory: that increases in the severity of punishment can reduce the likelihood of offending. To this end, a case study in which the statutory penalties were doubled for almost all drink-driving offences in New South Wales, Australia, is examined. Two quasi-experimental studies were undertaken to assess the impact of these legislative changes: an interrupted time-series analysis of road crash rates (Study 1) and an analysis of drink-driving reoffending rates before and after the penalty changes were implemented (Study 2). Study 1 showed a significant increase in a surrogate measure of alcohol-related road crashes after the tougher drink-driving penalties were introduced. Further analyses suggested that this increase was driven primarily by a secular rise in non alcohol-related crashes that coincided with the policy???s implementation. Two possible conclusions about the deterrent effect of the policy are drawn from these findings: (1) that there was a reduction in alcohol-related road crashes which was overwhelmed by the rise in non alcohol-related crashes occurring around the same time or (2) that there was no change in crash rates. Study 2 found that drink-drivers who were convicted under the new penalty regime were less likely, and took longer, to reoffend than drink-drivers convicted before the introduction of the new penalties. This reduction in reoffending was only apparent for drink-drivers residing in country and regional areas and was small in magnitude.These latter findings are consistent with the possibility that the penalty changes coincided with a reduction in alcohol-related crashes but suggest that any decrease is likely to have been relatively small. A third study using a scenario-based survey methodology was also undertaken to examine the relationship between legal sanctions and willingness to drink-drive, controlling for other factors. The results of this study showed that participants who were more knowledgeable about drink-driving penalties were less likely to state that they would offend in the drink-driving scenario than participants who were less knowledgeable about the law. The implications of these findings for deterrence theory and criminal justice policy are discussed.
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Whiteley, Diane Elizabeth. "A naturalistic justification for criminal punishment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0026/NQ34643.pdf.
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Wang, Zhewei. "Punishment and accuracy level in contests." Thesis, University of Edinburgh, 2010. http://hdl.handle.net/1842/4465.
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In the literature on contests, punishments have received much less attention than prizes. One possible reason is that punishing the bottom player(s) in a contest where all contestants are not allowed to quit, while effective in increasing contestants' total effort, often violates individual rationality constraints. But what will happen in an open contest where all potential contestants can choose whether or not to participate? In chapter 1, we study a model of this type and allow the contest designer to punish the bottom participant according to their performances. We conclude that punishment is often not desirable (optimal punishment is zero) when the contest designer wants to maximize the expected total effort, while punishment is often desirable (optimal punishment is strictly positive) when the contest designer wants to maximize the expected highest individual effort. In the literature on imperfectly discriminating contests, researchers normally assume that the contest designer has a certain level of accuracy in choosing the winner, which can be represented by the discriminatory power r in the Power Contest Success Function (the Power CSF, proposed by Tullock in 1980). With symmetric contestants, it is well known that increasing accuracy (r) always increases total effort when the pure-strategy equilibrium exists. In chapter 2, we look at the cases where the contestants are heterogeneous in ability. We construct an equilibrium set on r > 0, where a unique pure-strategy equilibrium exists for any r below a critical value and a mixed-strategy equilibrium exists for any r above this critical value. We find that if the contestants are sufficiently different in ability, there always exists an optimal accuracy level for the contest designer. Additionally, as we increase the difference in their abilities, the optimal accuracy level decreases. The above conclusions provide an explanation to many phenomena in the real world and may give guidance in some applications. In chapter 3, we propose the Power Contest Defeat Function (the Power CDF)which eliminates one player out at a time over successive rounds. We show that the Power CDF has the same good qualities as the Power Contest Success Function (the Power CSF) and is more realistic in some cases. We look at both the Power CSF mechanism (selecting winners in sequence) and the Power CDF mechanism (selecting losers in sequence) and show that punishments increase expected total e¤orts signi cantly. More interestingly, we also find that when the contestants' effort levels are different, the Power CDF mechanism is more accurate in finding the correct winner (the one who makes the greatest effort) and the Power CSF mechanism is more accurate in finding the correct loser (the one who makes the smallest effort).
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Clarke, Dean Hatherley. "Justifications : Marx, justice, ethics and punishment." Thesis, University of Sheffield, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390932.
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Shaw, Elizabeth. "Free will, punishment and criminal responsibility." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/9590.
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Retributive attitudes are deeply held and widespread in the general population and most legal systems incorporate retributive elements. It is probably also the dominant theory of punishment among contemporary philosophers of criminal justice. However, retributivism relies on conceptions of free will and responsibility that have, for millennia, fundamentally divided those who have thought seriously about the subject. Our legal system upholds the principle that the responsibility of the offender has to be proven beyond reasonable doubt, before the accused can be punished. In view of the intractable doubts surrounding the soundness of retributivism’s very conception of responsibility, my thesis argues that it is ethically dubious to punish individuals for solely retributive reasons. Instead, my thesis proposes that a person should only be punished if the main theories of punishment agree that punishing that person is appropriate – I call this ‘the convergence requirement’. This approach, I argue, is in accordance with the considerations underlying the beyond reasonable doubt standard. In addition to considering the question of ‘whom to punish’ my thesis considers what methods of responding to criminal behaviour are acceptable. In particular, it attempts to explain, without appealing to the contested notions of free will or retributive desert, what is problematic about ‘manipulative’ methods of dealing with criminal offenders (focussing in particular on the possibility of modifying their behaviour through neurological interventions). The final part of this thesis also gives an overview of some of the practical implications for Scots criminal law of taking doubts about free will and retributivism seriously. Given the severe treatment that offenders undergo within the Scottish penal system (e.g. deprivation of liberty, stigma) and the high rate of recidivism, it is important to consider whether our current penal practices are justified, what alternatives are available and what goals and values should guide attempts at reforming the system.
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Pieslinger, Johan. "Social punishment : Evidence from experimental scenarios." Thesis, Högskolan i Skövde, Institutionen för biovetenskap, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:his:diva-15464.
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Punishment is the act of penalizing an individual as a response to a transgression. This thesis will deal with punishment in experimental game scenarios and in experimental criminal punishment scenarios, along with their different adaptations. The aim will be to provide an overview of both psychological and neurological underpinnings of punishment by reviewing existing literature. While punishment ought to deter transgressions and promote cooperative behavior, internal neural reward-related systems seem to be a driving factor of the desire to punish wrongdoings. Decisions on whether a transgressor is guilty and deserves punishment is mediated by the medial prefrontal cortex with an emphasis on the ventromedial parts. External influences affect the behavioral output and its underlying neural signatures of punishment. Social context such as peer pressure and in-group bias emphasize the importance of theory of mind related areas when conducting punishment.
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Shollenberger, Tracey Lynn. "Essays on Schools, Crime, and Punishment." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:17465320.
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This dissertation consists of three essays on schools, crime, and punishment. The first essay — stemming from collaborative work with Christopher Jencks, Anthony Braga, and David Deming — uses longitudinal school and arrest records to examine the long-term effects of winning the lottery to attend one's first-choice high school on students' arrest outcomes in the Boston Public Schools. The second essay uses quasi-experimental regression and matching techniques to examine the effect of out-of-school suspension on serious delinquency using the 1997 National Longitudinal Survey of Youth (NLSY97). The third essay examines the increasing use of exclusionary school discipline and incarceration since the 1970s from a life course perspective. It advances the notion of a "disciplinary career," which captures disciplinary experiences across three domains: home, school, and the juvenile and criminal justice systems. In this essay, I use the NLSY97 to estimate the prevalence of various disciplinary experiences across the early life course and draw on qualitative data from the Boston Reentry Study to explore how individuals who experience high levels of harsh discipline perceive the interplay between offending and punishment over time. I close the dissertation by discussing these essays' implications for theory and policy.Social Policy
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Roy, Toe-Blake. "A biblical viewpoint of capital punishment." Online full text .pdf document, available to Fuller patrons only, 1991. http://www.tren.com.
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Scherer, Stephen C. "Reinforcement and punishment during programmed instruction." Morgantown, W. Va. : [West Virginia University Libraries], 2003. http://etd.wvu.edu/templates/showETD.cfm?recnum=2798.
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Thesis (Ed. D.)--West Virginia University, 2003.Title from document title page. Document formatted into pages; contains viii, 114 p. : ill. (some col.). Includes abstract. Includes bibliographical references (p. 98-103).
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Kumaravelu, Vengadesh. "Capital punishment: A cross jurisdictional critique." Thesis, Kumaravelu, Vengadesh (2013) Capital punishment: A cross jurisdictional critique. Honours thesis, Murdoch University, 2013. https://researchrepository.murdoch.edu.au/id/eprint/21652/.
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This thesis analyses whether any changes to the current scope of the death penalty in either Australia or Singapore invite consideration or whether the respective regimes are grounded in sound principle. Both countries have been selected as they are at opposing ends of the death penalty spectrum, being abolitionist and retentionist respectively.
One major issue reoccurring in various jurisdictions is an innocent accused being wrongfully convicted of a crime. Human institutions such as a country’s criminal justice system are fallible. Countries like Singapore that have a more ‘weighted’ approach towards Herbert Packer’s ‘crime control model’ must try to strike a balance with the ‘due process model’ to prevent the occurrences of wrongful convictions.
Given the irreversible nature of capital punishment, this paper contends that an accused charged for a capital offence must be provided their fundamental rights, such as the right to access to counsel and the right to silence. The thesis also emphasizes the importance of pre-trial investigative procedures, such as the video-recording of suspect statements during police questioning or the preservation of DNA samples, to protect innocent individuals.
Mandatory sentencing itself is subject to various problems. These issues may be amplified when the mandatory death sentence is concern. Therefore, the thesis contends that the mandatory death sentence does not deter (or only marginally deters) crimes as many retentionist States recognize. However, parliamentary sovereign nations, like Singapore, have the right to determine its criminal laws. The current state of international law does not totally prohibit the imposition of capital punishment.
By considering the community’s perception of capital punishment in both jurisdictions, this paper finally discusses two issues; (1) whether the current state of the law in Australia allows it to reintroduce the death penalty if it desires to, and (2) whether the amendments in Singapore’s death penalty regime in 2012 signal the possible abolition of the punishment.
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Morison, J. W. E. "The theory of punishment : An investigation of theories of punishment in relation to the preference for excuses." Thesis, Bucks New University, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.378483.
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Helgesson, Sara. "Children’s Rights and corporal punishment in Sweden: A content analysis of the 1978 bill against Corporal Punishment." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22804.
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This paper (will conduct) a content analysis on the bill put forward by the Swedish government in 1978 that advised for legislation against corporal punishment in Sweden. The analysis will use coding to discover the motives behind the bill what institutions and people that were used as instruments, and which institutions and organisations that were delegated the responsibility to uphold and protect these rights. Additionally, there will be a presentation of the history and background of children’s rights in the “western world” and in Sweden. In the case of Sweden, the social and political structures that exist as a result of the social reforms in the twentieth century will also be presented. Furthermore, social democratic, liberal, and feminist theory will be used in the study of the bill to uncover the limitations that the legislation holds on children’s rights in Sweden.
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Patrone, John D. "An American Philosophy of Punishment: Moral Permissibility, the Inferiorities of Punishment, and a Case for Pure Restitution." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/honors/424.
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“An American Philosophy of Punishment: Moral Permissibility, the Inferiorities of Punishment, and a Case for Pure Restitution” is an examination of the paradigm of criminal punishment currently implemented in the United States and the inherent flaws of ‘punishment’ as a system of justice. The characteristics of punishment are evaluated from a perspective, “punishment by necessity,” which attempts to justify criminal punishment for a lack of viable alternatives. David Boonin, in his book, The Problem of Punishment, offers a robust alternative paradigm of criminal justice- ‘pure restitution’. Boonin advances two arguments: (1) ‘pure restitution’ is capable of replacing punishment as a paradigm of criminal justice and (2) restitution should replace punishment because punishment is morally impermissible. This paper considers two of the most notorious objections to Barnett’s pure restitution, the “irreparable harms” and “third party victims” objections, as well as the moral status of punishment. The “irreparable harms” objection claims that the inability of restitution to entirely repair victims in crimes against the person indicates that restitution cannot offer any remedy, and that this inability is unacceptable. This objection fails to recognize the possibility for partial reparations, nor that punishment is equally incapable of wholly repairing the victims of these crimes. The “third party victims” objection claims that by compelling the offender to make restitution to the victim, the state is harming individuals in proximity to the offender, but the state is prohibited from harming individuals. This objection fails to consider the critical distinction of intent and culpability; the state does not intend to harm third parties by exacting restitution, but does so as a foreseeable consequence, whereas the offender caused an intentional harm, and thus carries a higher degree of blameworthiness. Additionally, the present implementation of restitution is considered by considering the relevant legal precedent, the Constitutional situation of restitution, and a hypothetical implementation scenario, which highlights the potential for “crime insurance/ tax”, and the other practical implications of implementing restitution.
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MacKenzie, Stuart G. "Early nineteenth century burgh gaols in the northern counties of Scotland : the old system and its reform." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25207.
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