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1
Nagy, András. "Shattered Hopes amid Violent Repression: The Hungarian Revolution and the United Nations (Part 1)." Journal of Cold War Studies 19, no. 4 (December 2017): 42–73. http://dx.doi.org/10.1162/jcws_a_00764.
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Few historical events since 1945 have had the same impact and reverberations as the 1956 Hungarian revolution both inside and outside the country. This article, based on recently declassified and other archival documents, focuses on an important aspect of the international response to the revolution: the response (or lack thereof) of the United Nations (UN) to the revolution and then to the tragic consequences, including trials, imprisonments, and executions that continued for years afterward. The trust placed by some Hungarians in the UN may have done more harm than good. Many Hungarians came to believe that UN officials were concerned less with responding to the ongoing tragic events in Hungary and more with jeopardizing the organization's future ability to prevent or respond to disputes between the Cold War superpowers.
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Nagy, András. "Shattered Hopes amid Violent Repression: The 1956 Hungarian Revolution and the United Nations (Part 2)." Journal of Cold War Studies 20, no. 4 (December 2018): 127–53. http://dx.doi.org/10.1162/jcws_a_00840.
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Few historical events over the past 70 years have rivaled the 1956 Hungarian revolution in its domestic and international impact. The research presented in the first part of this article (published in the Fall 2017 issue of the journal), which was based largely on recently declassified archival documents, focused on a specific aspect of the international response to the revolution—namely, the efforts of the United Nations (UN) to deal with urgent events during and immediately after the revolution. This second part focuses on the tragic consequences of the revolution, including trials, imprisonments, and executions, in the years that followed. The limitations of the UN in this instance have rarely been discussed, particularly by the organization's supporters. The silence surrounding these issues has affected dissidents and others throughout the world confronting dictatorial regimes. An understanding of what went wrong is crucial if the UN is to be more effective in the future.
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Louč, Michal. "The Czechoslovak Political Trials of the 1950s: Trauma and Post-memory in the Story of a Political Prisoner’s Son." Oral History Journal of South Africa 2, no. 2 (February 4, 2015): 108–22. http://dx.doi.org/10.25159/2309-5792/10.
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The article contributes to the historiography of the Czechoslovak communist dictatorship. The Communist takeover and stabilization of the regime were connected with various kinds of oppression including political trials. The biggest political trial in that time was that with the female politician Milada Horáková and the twelve members of her resistance group. This trial was followed by dozens of smaller local trials around the country, accusing 627 people altogether. While the main trial was carried publicly and was used extensively in the state’s propaganda, the local trials remain almost forgotten and outside the interest of Czech public. This paper will focus on one of them and its impact on my narrator and his family.Antonín Městecký jr. was a child when his father Antonín Městecký was imprisoned for 11 years after a local show trial in the city of Hradec Králové in East Bohemia. The imprisonment of his father was his strongest childhood experience; when his father returned home, the son was already an adult and they both kept silent about the traumatic past. They never discussed what really happened in the time of the father’s imprisonment, creating a severe trauma for the son. How can the turning point in someone’s life be remembered if we have only limited information?Using the methods of oral history, this paper explores how Mr. Městecký tries to deal with this gap in his family’s history by extending his childhood memories with information told to him by members of his father’s resistance group or found in books and archives. In the methodology, I will also reflect on how sharing his story with me constituted bridging the gap. His narrative contains rich accounts of life and survival as well as interesting moments and silences, revealing the complexities of trauma narratives and their effect on the descendants of former political prisoners.
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Rodgers, Katherine Gardiner. "More as Witness: the Tower Letters." Moreana 46 (Number 176), no. 1 (June 2009): 31–48. http://dx.doi.org/10.3366/more.2009.46.1.6.
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Treason trials in the sixteenth century forbade witnesses for the defense, and the trial of Thomas More was no exception. The letters More wrote during his imprisonment in the Tower of London, however, serve as witnesses in his case, if not his trial, documenting significant events leading up to his prosecution, challenging the way in which defendants might be called upon to testify, and elaborating More’s understanding of the term “conscience,” whose etymology suggests both the legal and Christian senses of bearing witness. More’s careful use of his letters to offer testimony in his defense also protects him from the accusation of seeking out his own martyrdom.
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SAKUMA, Masakazu, Kazumasa EHARA, and Atsuko KIUCHI. "Criminal Trials for Medical Malpractice in Japan：Sentence of Imprisonment." JOURNAL OF JAPAN SOCIETY FOR CLINICAL ANESTHESIA 40, no. 1 (January 15, 2020): 86–91. http://dx.doi.org/10.2199/jjsca.40.86.
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Mujuzi, Jamil Ddamulira. "(Mis)interpreting the Statute? The International Criminal Court, the Sentence of Life Imprisonment and Other Emerging Sentencing Issues: A Comment on the Trial Chamber I Decision on the Sentence in Prosecutor v. Thomas Lubanga Dyilo." International Criminal Law Review 13, no. 5 (2013): 1037–45. http://dx.doi.org/10.1163/15718123-01304006.
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On 14 March 2012, Trial Chamber I of the International Criminal Court, ICC, in its first ever decision, convicted Mr Thomas Luganga Dyilo, as a coperpetrator, of ‘conscripting and enlisting children under the age of fifteen years into the UPC/FPLC and using them to participate actively in hostilities…’ On 10 July 2012, the Trial Chamber sentenced him to an effective term of 14 years’ imprisonment. In passing the sentence, the Trial Chamber held, inter alia, that in terms of the Rome Statute of the ICC, in cases where it sentences an offender to prison for a specified number of years, the sentence must not exceed 30 years’ imprisonment. The Trial Chamber also equated life imprisonment with ‘whole life.’ It is argued that in the light of the drafting history of the Rome Statute, the Trial Chamber incorrectly interpreted the Statute in those two respects. It is also argued that the ICC should have indicated which purpose the sentence it imposed was meant to serve.
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Schulhofer, Stephen J. "No Job Too Small: Justice Without Bargaining in the Lower Criminal Courts." American Bar Foundation Research Journal 10, no. 03 (1985): 519–98. http://dx.doi.org/10.1111/j.1747-4469.1985.tb00509.x.
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Plea bargaining and other informal disposition devices dominate case processing in the lower criminal courts. Consistently, studies have found such courts characterized by assembly-line procedures, deemphasis or disregard of formal due process rights, and guilty plea rates approaching 100% of all convictions. Caseload pressures, tendencies toward cooperation among courtroom participants and, above all, process costs of litigation that greatly outweigh the stakes in minor cases are widely thought to render informality and high guilty plea rates inevitable. The study reported here challenges these assumptions. The author finds that in Philadelphia roughly one-fifth of all misdemeanor dispositions and one-half of all determinations of guilt are the result of genuine adversarial trials. He shows that an adversarial trial system need not impose prohibitive resource costs, even when extended to misdemeanor cases involving little likelihood of imprisonment, and that process costs will not deter defendants from invoking formal procedures when the court culture is committed to providing trials. Finally, the author argues that even routine misdemeanor cases benefit from guarantees of fairness and accuracy afforded by trial but unattainable when cases are processed by plea bargaining.
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Allen, Danielle. "Imprisonment in Classical Athens." Classical Quarterly 47, no. 1 (May 1997): 121–35. http://dx.doi.org/10.1093/cq/47.1.121.
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Nineteenth–century scholars assumed that the Athenians as a community punished citizens with death, exile, atimia, and fines and used imprisonment only to hold those awaiting trial, those awaiting execution, and those unable to pay fines.1 As they saw it, brief imprisonment in the stocks occasionally supplemented these penalties, but always as additional penalty–never as a penalty on its own. Barkan saw in the use of imprisonment as an additional penalty the likelihood of general penal imprisonment and used evidence from the oratorical corpus to make an argument therefore.2 His argument seems to have been largely ignored–the nineteenth–century interpretation continuing dominant; and the issue, largely unexplored but for a few glancing references in recent scholarship.3 The issue remains, thus, sufficiently vexed to make worthwhile a restatement of the argument for the use of punitive imprisonment. Also, the evidence provides clues worth setting forth as to why and when punitive imprisonment developed. Indeed, these are sufficient to make an argument about the relevance of the development to Athenian political history. For the introduction of penal imprisonment in Athens proves an extremely important historical moment, marking as it does both the completion of a general will institutionalized (in a punishment of consumption of the wrong–doer within, rather than of expulsion from, the community) and a significant point in the establishment of isonomia.
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McDonald, Peter. "Doctors and Manslaughter." Bulletin of the Royal College of Surgeons of England 96, no. 4 (April 2014): 112–13. http://dx.doi.org/10.1308/rcsbull.2014.96.4.112.
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The trial and imprisonment in November 2013 of David Sellu, a consultant general and colorectal surgeon practising at the Clementine Churchill Hospital in Harrow and Ealing Hospital NHS Trust, has sent a collective shiver down the spines of many surgeons. The judge’s sentencing remarks make a chilling read, culminating in his conviction for manslaughter and two-and-a-half years’ imprisonment.
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Reef, Joni, and Anja Dirkzwager. "Experienced Severity of Imprisonment Among Fathers and Non-Fathers." Journal of Child and Family Studies 29, no. 6 (November 30, 2019): 1659–68. http://dx.doi.org/10.1007/s10826-019-01670-8.
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Abstract Objectives Even though 90% of the prison population is male, fatherhood among prisoners is an overlooked topic. Previous studies suggest that experienced severity of detention is different between fathers and non-fathers in prison because there is a unique deprivation strain related to fatherhood. There are criminological arguments and arguments in the legal context why we need more knowledge on the experience of detention by incarcerated fathers. Methods We studied longitudinal data of 785 males in pre-trial detention in the Netherlands from the nationwide Prison Project study population: 329 fathers were compared with 456 non-fathers for experienced severity, adjustment patterns (i.e. mental distress and misconduct), and deprivations strains. Results We found differences between fathers and non-fathers, both in adjustment and deprivation strains. Fathers reported less adjustment problems and different deprivation strains than non-fathers. Missing children during pre-trial detention was associated with depressive behavior (β = 0.158, p < 0.005) and anxiety among fathers (β = 0.128, p < 0.05). Conclusions Our results underline the importance of designing interventions for fathers in prison and educating sentencers about this topic. Proportional sentencing of fathers in the criminal justice system could only be validated as long as sufficient attention will be paid to their unique deprivation strain, which is, missing their children. During pre-trial detention, care for the child-father relation may not only lead to father’s emotional wellbeing during pre-trial detention, but may also lead to strengthened family bonds and children’s wellbeing on the long term.
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GALLAGHER, KATHERINE. "The Second Srebrenica Trial: Prosecutor v. Vidoje Blagojević and Dragan Jokić." Leiden Journal of International Law 18, no. 3 (October 2005): 523–40. http://dx.doi.org/10.1017/s0922156505002852.
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In its judgment issued on 17 January 2005, in Prosecutor v. Vidoje Blagojević and Dragan Jokić, Trial Chamber I, Section A, found that genocide had been committed against the Bosnian Muslim population following the fall of the Srebrenica ‘safe area’ in July 1995. The Trial Chamber's findings that forcible transfer, when combined with other acts, can constitute an underlying act of genocide (namely, causing serious mental harm to members of a group) contributes to a growing body of jurisprudence on genocide. The Trial Chamber found the accused guilty of such serious crimes as complicity in genocide, extermination, persecutions and murder. It determined that the appropriate mode of liability for each was aiding and abetting rather than committing through participation in a joint criminal enterprise, Accordingly the Trial Chamber sentenced Vidoje Blagojević to 18 years' imprisonment and Dragan Jokić to nine years' imprisonment.
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Leonard, Kevin Allen, and Tetsuden Kashima. "Judgment without Trial: Japanese American Imprisonment during World War II." Western Historical Quarterly 35, no. 4 (December 1, 2004): 513. http://dx.doi.org/10.2307/25443070.
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Ng, Wendy. "Judgment Without Trial: Japanese American Imprisonment During World War II." Contemporary Sociology: A Journal of Reviews 34, no. 2 (March 2005): 183–84. http://dx.doi.org/10.1177/009430610503400247.
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Butt, Simon. "Indonesia’s Criminal Justice System on Trial." New Criminal Law Review 24, no. 1 (January 1, 2021): 3–58. http://dx.doi.org/10.1525/nclr.2021.24.1.3.
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This article discusses flaws of Indonesia’s criminal procedural laws through an analysis of the Jessica Wongso case. After a televised trial in 2016, Wongso was convicted of murdering her friend Salihin, by putting cyanide in her coffee at a Jakarta café, and sentenced to 20 years’ imprisonment. The conviction was upheld on appeal in late 2018. The police obtained very limited evidence against Wongso, leaving prosecutors unable to determine the cause of Salihin’s death, much less to prove convincingly that Wongso was the perpetrator. By contrast, the defense mustered significant exculpatory evidence. But the judges, at first instance and on appeal, took an uncritical view of the prosecution evidence and ignored the defense case. Throughout the investigation and trial, Wongso was not accorded the presumption of innocence, partly because of Indonesia’s flawed or absent formal legal infrastructure for arrests, detentions, searches, and disclosure of prosecution evidence to the defense. It is also because highly prejudicial press coverage before and during trials is not prohibited and because judges lack professionalism. All this suggests a strong need for reform—not only to Indonesia’s criminal procedure law, but also to the way it is applied in practice.
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Mohanty, K. "The first case of criminalization of transmission of hepatitis B in the UK: defendant sentenced to two years’ imprisonment on the grounds of hepatitis B deoxyribonucleic acid sequencing." International Journal of STD & AIDS 20, no. 8 (August 2009): 587–89. http://dx.doi.org/10.1258/ijsa.2008.008483.
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A 29-year-old Turkish man Ercan Yasar, who worked as a restaurant worker in Cheltenham, infected a Cheltenham woman 27 years of age with hepatitis B and chlamydia between 14 and 17 September 2007. He was charged with biological grievous bodily harm, which carries a maximum of five years’ imprisonment if found guilty following a trial. The defendant, Ercan Yasar, pleaded guilty to the charge and was given appropriate credit for entering an early guilty plea and was sentenced to two years’ imprisonment before the Gloucester Crown Court on 14 November 2008.
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Joldersma, Cisca. "Future Prisons and Personalized Trajectories." Journal of Prison Education and Reentry 4, no. 1 (June 5, 2017): 36. http://dx.doi.org/10.15845/jper.v4i1.1009.
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In the near future, imprisonment may no longer be the ultimate sanction. Imprisonment may be part of sanctions combined in an offender’s trajectory. These trajectories will become more and more personalized and tailor-made. A trajectory consists of different options: pre-trial options; front-door options; options during stay in prison; pre-release options; and aftercare options. With regard to future prisons, five basic principles can be recognized: human dignity; the avoidance of further damage or harm; the right to develop the self; the right to be important to other people; and a stable and professional organization.
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Schneider, Irene. "Imprisonment in Pre-Classical and Classical Islamic Law." Islamic Law and Society 2, no. 2 (1995): 157–73. http://dx.doi.org/10.1163/1568519952599367.
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AbstractImprisonment, a generally accepted form of punishment in modern legal systems, existed also in Islamic law in the pre-classical and classical periods (second-sixth/eighth-thirteenth centuries), although Muslim jurists devoted only limited attention to the subject and Islamicists have largely ignored it. Muslim jurists of pre-classical and classical times concentrated their attention on pre-trial and administrative detention, especially imprisonment for debt. The jurists mention punitive detention as a supplementary measure that was enacted mostly in conjunction with corporal punishments (ḥudūd and taʿzīr). Because state authorities established a monopoly over criminal jurisdiction at a very early stage, it is possible that punitive detention played a more important role in practice than it did in theory. However, inasmuch as I found only a few examples in historical sources, it seems safe to conclude that punitive detention did not have the same status in pre-modern Islamic law that it does in modern law.
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Srivastava, Rubi, and Dr Prashant Srivastava. "The Human Rights of the Under Trial Prisoners in India." International Journal for Research in Applied Science and Engineering Technology 11, no. 6 (June 30, 2023): 884–88. http://dx.doi.org/10.22214/ijraset.2023.53768.
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Abstract: The main important purpose of Criminal Justice is that victims, prisoners and also those prisoners who are Under Trial, they can not deny their Human Rights. Those days has gone where prisoners do any offence then they were lodged to pass their days in dark cells. Now a day’s prisons just like a reformative centre where they live, earn and changing their behavior and after come out prison they can collaborate with society. Here prison knows that it is a rehabilitation centre, it is a punishment not that place where there human right are violated and where extra punishment will be held. The open prison has come as a modern and effective system of closed imprisonment. This is helping in changing the traditional outlook of the Indian prison system and helps the prison to become more responsible, creative citizen. A basic and main factor that is necessary to understand high imprisonment rates is the way in which the system is liable to breaches of order like parole, probation or other sentences. In many countries parole is the contribution to overcrowding in prison
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McCollum, Victoria, Andrew Sneddon, Frank Ferguson, Stephen Butler, and Alice McCullough. "Roundtable: The Islandmagee Witches 1711 Creative and Digital Project." Estudios Irlandeses, no. 18.2 (December 18, 2023): 112–18. http://dx.doi.org/10.24162/ei2023-12229.
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In March and September of 1711, in Carrickfergus, County Antrim, Ireland’s last witch trials took place. Eighteen-year-old educated gentlewoman Mary Dunbar accused eight Presbyterian women and one man from Islandmagee and the surrounding areas of using witchcraft to attack her in spectral or spirit form and to summon demons to possess her body. The women were tried on 31 March 1711 at the Spring Session of Carrickfergus County Assize Court. Despite pleading not guilty, they were convicted under the 1586 Irish Witchcraft Act and sentenced to one year’s imprisonment and four stints in the pillory. Unlike most demonically-possessed persons, the incarceration of the convicted witches did not improve Dunbar’s health. Dunbar now claimed that William Sellor, husband and father to two of the convicted women, had begun bewitching her. William was convicted of witchcraft at the Summer Assizes in September 1711. Mary Dunbar however had died a few weeks earlier, just after the first trial, turning William’s original offence into a capital crime for which he was probably executed: he was thus one of a possible two people executed in Ireland under a witchcraft Act. The story of the trial is told in Andrew Sneddon’s book Possessed by the Devil: The Real History of The Islandmagee Witches and Ireland’s Only Mass Witchcraft Trial (History Press, 2013). Along with Victoria McCollum, Sneddon now heads the Islandmagee Witches 1711 Project (w1711.org). The following discussion outlines the origins, aims and outputs of the project.
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Smith. "Incarceration on Trial: The Imprisonment of Paul and Silas in Acts 16." Journal of Biblical Literature 140, no. 4 (2021): 797. http://dx.doi.org/10.15699/jbl.1404.2021.8.
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Smith, Abraham. "Incarceration on Trial: The Imprisonment of Paul and Silas in Acts 16." Journal of Biblical Literature 140, no. 4 (2021): 797–817. http://dx.doi.org/10.1353/jbl.2021.0037.
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Grakhotskiy, A. P. "THE VERDICT IN KARLSRUHE: "LIFE IMPRISONMENT FOR THE BUTCHER FROM MINSK!»." Lex Russica, no. 12 (January 4, 2020): 105–21. http://dx.doi.org/10.17803/1729-5920.2019.157.12.105-121.
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The trial against Karlsruhe criminal police Secretary Adolf Rube, held in 1949, was the first trial in Germany, during which Nazi atrocities committed on the territory of Belarus were considered. By the example of this process, the paper attempts to identify the specifics of West Germany courts’ consideration of criminal cases related to the commission of Holocaust crimes in Eastern Europe. German law excluded the possibility of punishing Nazi criminals for genocide, crimes against peace and humanity. Guided by the norms of the German Criminal Code of 1871, German justice considered each case of murder of Jews during the years of national socialism as a separate crime, caused by personal motives. Based on this, A. Rube was punished not for participating in the state-organized, bureaucratically planned genocide of the Jewish people, but for committing separate, unrelated murders. The defendant, who was accused of killing 436 Jews in the Minsk ghetto, was found guilty of unlawfully depriving 27 people of their lives and sentenced to life imprisonment. However, in 1962 he was amnestied and was released. By presenting the Holocaust as a mosaic of individual, unrelated criminal acts, German justice maintained the illusion that "normal" Germans "knew nothing" about the mass extermination of Jews, that the Holocaust was solely the product of the Hitler’s actions, his fanatical entourage, and individual "pathological sadists," "sex maniacs," and "upstarts" such as A. Rube, who sought to assert themselves at the expense of Jewish victims.
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Vershinina, S. I. "On the excessive use of detention." Juridical Journal of Samara University 9, no. 3 (October 10, 2023): 18–24. http://dx.doi.org/10.18287/2542-047x-2023-9-3-18-24.
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Based on the statistical data on the use of preventive measures presented on the website of the Judicial Department at the Supreme Court of the Russian Federation, the article examines the reliability of allegations of excessive use of detention and insufficient use of non-isolation preventive measures. By comparing the indicators that reveal the total number of defendants whose criminal cases were sent to the court of first instance and the number of application of “judicial” preventive measures in pre-trial and trial proceedings, the number of persons against whom preventive measures not related to isolation were applied is determined and a conclusion is made on the sufficient use of preventive measures alternative to detention. Discussing the thesis about the excessive use of detention, the author focuses on the ratio of the number of convicts to actual imprisonment and the number of accused in custody. Allegations about the excessive use of detention are reliable only in cases where the number of accused in respect of whom a measure of restraint was applied exceeds the number of persons sentenced to real imprisonment.
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Sokulski, Mateusz. "Proces w Sarajewie w 1983 roku na tle sytuacji politycznej i społecznej Jugosławii lat 80. XX wieku." Bracia, wrogowie, renegaci. Słowiańszczyzna i muzułmanie na Bałkanach w xix i xx w. 150, no. 2 (2023): 387–405. http://dx.doi.org/10.4467/20844069ph.23.023.17960.
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The 1983 Sarajevo Trial and the socio-political situation in Yugoslavia of the 1980s The text presents the trial of the Muslim intellectuals that took place in Sarajevo in 1983. They were put on trial due to the political pressure of the League of Communists of Bosnia and Herzegovina and then sentenced to harsh and long imprisonment. The article presents activity of the sentenced intellectuals, social attitudes of the republic’s citizens, and general decay among the communist leaders of Bosnia and Herzegovina, widely considered to be the most dogmatic in comparison to the other Yugoslav republics.
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Davidson, Laura. "Quashing convictions for pre-trial abuse of process: breaching public international law and human rights." Cambridge Law Journal 58, no. 3 (November 1999): 461–99. http://dx.doi.org/10.1017/s000819739922301x.
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IN 1988, Nicholas Mullen fled from England to Zimbabwe. Two months later, he was deported to the United Kingdom where he was charged with, and convicted of, conspiracy to cause explosions likely to endanger life or cause serious injury to property. He was sentenced to thirty years' imprisonment.
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Kirichek, A. "THE ANTINOMY OF FREEDOM AND FATE IN DOSTOEVSKY’S LIFE: FROM UNCERTAINTY TO THE CHOICE OF HIS LIFE PATH (TO THE 200TH ANNIVERSARY OF THE WRITER’S BIRTH)." CULTURE AND SAFETY 3 (2021): 28–33. http://dx.doi.org/10.25257/kb.2021.3.28-33.
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The first article of the series uses the method of biographical analysis to examine the development of the antithesis regarding freedom and fate, freedom and necessity in the period of the writer’s youth, when formation of his creative personality was developing. It is concluded that the struggle for freedom leads to ambivalence resulting in gaining his own path of life connected with literature. Dostoevsky at the same time plunges himself into the abyss of self-will which causes a number of severe trials associated with imprisonment.
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Garrison, Tim Alan. "Judgment without Trial: Japanese American Imprisonment during World War II by Tetsuden Kashima." Oregon Historical Quarterly 106, no. 2 (2005): 330–31. http://dx.doi.org/10.1353/ohq.2005.0077.
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Wadhawan, Subhah. "Materialization of racialized surveillance: Lived experiences of home imprisonment." Incarceration 2, no. 2 (July 1, 2021): 263266632110215. http://dx.doi.org/10.1177/26326663211021586.
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Racialization, surveillance, and securitization may be distinct theoretical concepts, but they are nevertheless significantly intertwined. Race, as a mode of thinking and governance, largely informs the practices of securitization, whereby surveilling racialized bodies is an immanent task of the securitization process. To demonstrate this relationship, I interviewed three of the men from the infamous Canadian “Secret Trial 5” Security Certificate cases and their family members. I investigate their lived experiences of home imprisonment, examining how their home became a key site for the operation and deployment of racialized surveillance. Their experiences illustrate how surveillance emerges as a practice of securitization, where racialized “Others” are reaffirmed as threats to and subjects of unfettered surveillance practices. As the only research endeavor to interview Canada’s security certificate detainees and their families, this article demonstrates how securitization materializes through the transformation of the home into a prison; this is achieved through the imposition of carceral practices and a penal architecture within the home and through eroding belonging and safety for the people living under this type of regime. Moreover, given that most studies focusing on the experiences of securitization are restricted to the experiences of the incarcerated individuals, these studies often exclude, and by extension, silence the voices of the families also touched by these processes. Thus, this article illuminates that, albeit, in different magnitudes, families also undergo the pains of imprisonment.
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Kozachenko, Oleksandr I., Volodymyr Zarosylo, Mykola O. Gelemei, Mykhailo I. Stankovych, and Mykola M. Yatsun. "International cooperation in conducting procedural actions during the pre-trial investigation in the countries of the European Union and perspectives of its use in Ukraine." Linguistics and Culture Review 5, S4 (November 29, 2021): 2041–50. http://dx.doi.org/10.21744/lingcure.v5ns4.1868.
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The article analyzes some areas of cooperation between law enforcement agencies of the European Union in the field of pre-trial investigation. Particular attention is paid to the European Arrest Warrant and its application. Ukraine aspiring to become a member of the EU must take into account all issues related to the issuance and execution of these warrants. Particular attention is paid to the analysis of more specific problems related to criminal-executive criteria for the perception of life imprisonment as subspecies of imprisonment for a certain period; systemic content ratio of general penitentiary norms, which determine the legal status of convicts sentenced to life imprisonment, and special ones, which should reproduce peculiarities of regime requirements of penitentiary institutions of different security levels (in particular, medium and maximum). It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. Moreover, the EU countries do not yet have the appropriate practice in the application of these warrants.
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Weatherburn, Don, and Bronwyn Linc. "Sentence Disparity, Judge Shopping and Trial Court Delay." Australian & New Zealand Journal of Criminology 29, no. 2 (August 1996): 147–65. http://dx.doi.org/10.1177/000486589602900205.
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Until recently, criminal matters finalised by way of a trial in the NSW District Court have been the subject of substantial delays. In 1990–93, there was a significant drop in the backlog of trial cases pending in the court but the corresponding reduction in trial court delay has been less substantial than might have been expected. The article draws on past research showing that adjournments contribute significantly to trial court delay and considers the question of whether the practice of 'judge shopping' might in part be responsible for the high rate of adjournments. Evidence is presented showing that there are substantial disparities in the use of imprisonment by District Court judges and that this appears to be a determining factor in the willingness of defendants to proceed to trial.
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Koh, Steven Arrigg. "Prosecutor v. Mladić (U.N. Int'l Residual Mechanism Crim. Tribunals App. Chamber)." International Legal Materials 61, no. 2 (October 25, 2021): 207–342. http://dx.doi.org/10.1017/ilm.2021.41.
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On June 8, 2021, the UN International Residual Mechanism for Criminal Tribunals (Mechanism) Appeals Chamber delivered its appeals judgment in Prosecutor v. Ratko Mladić. The judgment affirmed the 2017 trial judgment of Trial Chamber I of the UN International Criminal Tribunal for the former Yugoslavia (ICTY), which convicted Mladić, the Bosnian Serb commander, of genocide, crimes against humanity, and war crimes during the war in Bosnia between 1992 and 1995, as well as affirming his sentence of life imprisonment. This constituted Mladić's final appeal, opening the door for his assignment to a prison somewhere in Europe.
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Rix, Keith J. B. "What to do with female drug-using offenders?" BJPsych Advances 22, no. 6 (November 2016): 359–62. http://dx.doi.org/10.1192/apt.bp.116.016246.
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SummaryFemale drug-using offenders are a large but under-researched and vulnerable population with specific needs. Only a handful of randomised controlled trials of interventions for this population are of sufficient quality to shed light on what might work to reduce their criminal activity and drug use, and interpretation of the results of most of these trials is limited by an ‘unclear’ risk of bias due to a lack of descriptive information. Better-quality research is needed to inform practitioners and policy makers. In the meantime, this month's Cochrane Corner review provides cautious support for the use of some psychosocial treatments, particularly if delivered in a gender-responsive way addressing issues of abuse and victimisation, in the expectation that re-imprisonment can be prevented, even if there is no proven effect on re-arrest rates and only uncertain effects on substance use.
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Aryati, Eva Nur, and Hartiwiningsih Hartiwiningsih. "An Analysis on the Judges’ Consideration Basis in Penalizing the Actor of Cultural Conservation Object Vandalism; Case Study in Decree of the State District of Mojokerto Number: 52/Pid.Sus/2018/PN. Mjk." International Journal of Multicultural and Multireligious Understanding 5, no. 3 (June 5, 2018): 211. http://dx.doi.org/10.18415/ijmmu.v5i3.344.
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The existence of ancient and cultural conservation objects are prone to damage, loss, and ruin. It is caused by either natural factor or the human’ behavior. Law enforcement against the criminals who intentionally not reporting the object presumed as Cultural Conservation Object on the Decision of the District Court of Mojokerto number: 52/Pid.Sus/2018/PN. Mjk which state that the defendant, Fendi Andriyanto Bin Badri, has been legally and conclusively proved guilty by committing crime for “intentionally not to report the findings that is presumed as a cultural conservation object and because of it, the judge sentences the defendant with 7 (seven) month of imprisonment and Rp.1000.000,- (one million rupiahs) penalty and if that penalty is not paid, it shall be substituted with 2 (two) months of imprisonment. This study was classified as a normative legal study by employing primary and the secondary data obtained from literature study. Based on the findings of the study, the basis of the judge’ consideration in subjecting the penalty was based on the aspect of certainty, fairness, and benefits of law based on the evidence materials proposed in trial, the witness’ testimony, the defendant’ testimony, the expert information, trial fact, and all the lightening and burdening things.
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Garzaniti, Marcello. "The Consolatory Discourse of the Imprisoned Monk by Maximus the Greek: The First Evidence of “Prison Literature” in Russia." History of Philosophy Yearbook 27 (December 28, 2022): 58–83. http://dx.doi.org/10.21146/0134-8655-2022-37-58-83.
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The Consolatory Discourse of the Imprisoned Monk provides an insight into Maximus the Greek’s attitude towards imprisonment, which was already announced in his behaviour during the trials. This work appears strikingly similar to two of Savonarola’s short writings. The resemblance resides not only in the quotations from the Holy Scriptures – featuring the metaphor of spiritual combat – but more particularly in the themes of man’s ingratitude and hope in the just judgement of God. The idea of spiritual combat and the notion of the patience that allows one to endure the prison conditions, are also found in Francesco’s De remediis utriusque fortunae published in Italy at the end of the 15th century. The reasons for Maximus the Greek’s specific attitude towards imprisonment, stemming from unjust persecution, can be reconstructed from the references to the Holy Scriptures, even when their meaning is not explicitly expressed. Biblical quotations often have the function of expanding the meaning of the text. In this work, they instead reflect the writer’s ideas, following the rationale of the unspoken found in the practice of self-censorship that is so crucial to an understanding of modern and contemporary literature.
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Svehzentseva, Yu O., I. P. Rushchenko, and V. O. Soboliev. "Violations of the human rights and law in the imprisonment before trial (sociological data)." Ukrainian Society 2004, no. 2 (May 17, 2004): 52–61. http://dx.doi.org/10.15407/socium2004.02.052.
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Sopacua, Margie Gladies. "PERAN BALAI PEMASYARAKATAN (BAPAS) DALAM PROSES PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN ANAK BERBASIS RESTORATIF JUSTICE." SASI 21, no. 1 (June 1, 2015): 32. http://dx.doi.org/10.47268/sasi.v21i1.315.
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The perpetrators did not know the age, even children can also be perpetrators of crime, and punishable by imprisonment, so that his rights as a child threatened by the state, such as the right to education, and play, for the Hall of Correctional (BAPAS) kids there for protect the rights of children in conflict with the law to realize Restorative Justice. BAPAS role in the process of the juvenile justice system is necessary, to carry out diversion as a form of restorative justice. Protection of children rights should be at the stage before the trial, the trial and after the trial. Furthermore it is necessary to increase human resource officer BAPAS, judges, prosecutors and police for dealing with juvenile delinquents to achieve restorative
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PERVOZVANSKY, VALERIY, YURIY STROGOVICH, and ELENA DROZDOVA. "ON THE QUESTION OF THE ORDER OF RELEASE FROM CUSTODY OF PERSONS SENTENCED TO IMPRISONMENT." Sociopolitical sciences 10, no. 2 (April 30, 2020): 118–22. http://dx.doi.org/10.33693/2223-0092-2020-10-2-118-122.
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Issues related to the transparency and conciseness of the interpretation of provisions of legislation of the Russian Federation do not cease to be relevant, as in the practice of applying these provisions various questions of interpretation and implementation still arise. This article discusses the issue of the release from custody of persons sentenced to imprisonment in various situations. The need for this consideration is due to the lack of direct action provisions in legislation that provides for an accurate and unambiguous solution to issues related to the need to release prisoners sentenced to imprisonment, the term of punishment of which has been set by the court of first instance expired before the sentence comes into force. The purpose of the article is to describe possible situations and to propose solutions in the frame of ambiguity of interpretation. This study gives an idea of the possible practical situations that arise for various reasons (due to inaccuracy of sentencing, omission in the decision on the pre-trial restriction and other incidents). The work analyzes in detail the provisions governing the indicated issue and defines an exhaustive list of entities authorized, if there are appropriate grounds, to decide on the release of these persons, peculiarities and means of resolving problematic issues. One of the most important situations is when the term of detention expires before the sentence comes into force, and the court of first instance when pronouncing the sentence in violation of the requirements of the Code of Criminal Procedure of the Russian Federation, did not specify that the pre-trial restriction before the sentence takes effect remains the same, thereby not resolving the issue of release of a convicted person. The authors specify the necessary algorithm of actions in such practical situations. In conclusion , the article indicates the misregulating of some issues related to the release from custody of persons sentenced to imprisonment, including due to possible unintentional cases of entities whose competence includes issues about the extension or change of the pre-trial restriction and it is proposed to introduce clarifying provisions into the legislation.
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Wilsher, Daniel. "THE ADMINISTRATIVE DETENTION OF NON-NATIONALS PURSUANT TO IMMIGRATION CONTROL: INTERNATIONAL AND CONSTITUTIONAL LAW PERSPECTIVES." International and Comparative Law Quarterly 53, no. 4 (October 2004): 897–934. http://dx.doi.org/10.1093/iclq/53.4.897.
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Fortunately it is still startling, in this country, to find a person held indefinitely in executive custody without accusation of crime or judicial trial. Executive imprisonment has been considered oppressive and lawless since John, at Runnymede, pledged that no free man should be imprisoned, dispossessed, outlawed, or exiled save by the judgment of his peers or by the law of the land, (per Jackson J, Shaughnessy v United States ex rel Mezei 345 US 206 (1953))
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Pardede, Sonora Gokma, and Febby Mutiara Nelson. "PENGARUH TRIAL BY THE PRESS TERHADAP PENEGAKAN HUKUM PIDANA DI INDONESIA." LITIGASI 24, no. 2 (October 31, 2023): 165–83. http://dx.doi.org/10.23969/litigasi.v24i2.10259.
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Press coverage on criminal news has allegedly conducted trial by the press. Media seems to take the role as law enforcement by searching for evidence, interviewing witnesses, analyzing the case and at the end judging based on their opinion towards the criminal case. Trial by the press certainly contradict the principle of presumption of innocence and the fair trial. Trial by the press often found when reporting the news of murder case of Brigadier Yosua and the domestic violence case of Valencya. This research studied about the impact of trial by the press on the process of criminal law enforcement in Indonesia and how the media covers the criminal case to avoid trial by the press. The research method used is juridical normative with conceptual analysis, statute approach and case analysis. The findings of the research are that trial by the press resulted in trial by the public where people conclude their own judgment of one particular case. Post entry into force of the New Penal Code, alleged media conducting trial by the press is subject to imprisonment and fine under Article 281 of the New Penal Code Keywords: Trial by The Press, Pers, Presumption of Innocent, Fair Trial.
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Grakhotskiy, A. P. "The Frankfurt trial (1963—1965) and overcoming the past in Germany." Lex Russica, no. 3 (April 5, 2019): 146–58. http://dx.doi.org/10.17803/1729-5920.2019.148.3.146-158.
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In the first post-war decades in Germany the problem of crimes of the Nazi regime was hushed up. Information about the flagrant crimes of the Nazis in the concentration camps was perceived by the Germans as “propaganda of the winners”. The Frankfurt process of 1963-1965 was an event that contributed to the understanding of the criminal past of its country by the German society. Before the court in Frankfurt there appeared 22 Nazi war criminals who were accused of murder and complicity in the killing of prisoners of concentration camps and death camps of Auschwitz. During the trial, horrific facts of mass destruction of people and unprecedented cases of humiliation of human dignity were revealed. The position of the prosecution was that the defendants voluntarily served in Auschwitz, realizing that the main purpose of the operation of the camp is the mass destruction of Jews, purposefully participating in the implementation of a common criminal plan. The defense adhered to the strategy that the defendants were only weak-willed executors of the orders of the highest Nazi leadership and were forced to commit crimes at the risk of their own lives. None of the accused pleaded guilty, and in their closing speeches they expressed neither regret nor remorse to the victims and their relatives. The verdict of the jury was soft: only 6 accused were sentenced to life imprisonment, the rest received various (from 3 to 14 years) terms of imprisonment, three were acquitted. However, the significance of the Frankfurt trial exceeds the purpose of the criminal punishment of the Nazi criminals. The process became a milestone in the course of overcoming by the Germans of their recent past, the awareness of the responsibility of German society for the crimes of national socialism.
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Eames, Aaron. "Joseph Bristow, Oscar Wilde on Trial: The Criminal Proceedings from Arrest to Imprisonment." Victoriographies 13, no. 3 (November 2023): 342–45. http://dx.doi.org/10.3366/vic.2023.0508.
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Алфимова, Ольга Александровна. "Some questions connected with order of leaving of convicts to imprisonment in the penal system pre-trial detention center." Vestnik Kuzbasskogo instituta, no. 2(39) (June 20, 2019): 16–22. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/16-22.
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В статье освещается правовая регламентация вопросов, связанных с условиями и порядком оставления осужденных к лишению свободы в следственных изоляторах уголовно-исполнительной системы. Решение об оставлении осужденного в СИЗО принимается администрацией СИЗО и оформляется приказом начальника. Приказ начальника СИЗО является, по сути, юридическим основанием для оставления осужденного для выполнения работ по хозяйственному обслуживанию и отбывания наказания в виде лишения свободы именно в данном учреждении, а не в том, которое назначил ему суд в обвинительном приговоре. Иными словами, можно сказать, что на сегодняшний день законом предусмотрен внесудебный порядок оставления осужденных в СИЗО для выполнения работ по хозяйственному обслуживанию. В связи с этим нельзя не согласиться с мнением некоторых специалистов, считающих, что такой порядок ставит в некую зависимость возможность отбывания наказания осужденными в СИЗО от воли администрации этого учреждения, а также предоставляет довольно широкий простор административному усмотрению. Вместе с тем, только суд наделен правом определять степень изоляции осужденных и режим отбывания наказания. Эти требования отражены в ст. 58 УК РФ. Это требование закона содержится и в п. 5 ст. 78 УИК РФ, однако в ситуации с оставлением в СИЗО складывается положение, когда решением его начальника, по сути, изменяется вступивший в силу приговор суда в части назначенного осужденному ранее вида ИУ. The legal regulation of the questions connected with conditions and order of leaving of convicts to imprisonment in pre-trial detention centers of penal correction system is covered in the present article. The decision on leaving of the convict in the pre-trial detention center is made by administration of the pre-trial detention center and made out by the order of the chief. The order of the chief of the pre-trial detention center is in fact a legislative basis for leaving of the convict for performance of work on economic service and serving sentence in the form of imprisonment in this establishment, but not in that which was appointed to it by court in a conviction. In other words it is possible to tell that today the law provided an extrajudicial order of leaving of convicts in the pre-trial detention center for performance of work on economic service. In this regard, it is necessary to agree with opinion of some authors considering that such order puts into certain dependence a possibility of serving sentence condemned in the pre-trial detention center from will of administration of this establishment and also provides enough “broad lands to an administrative discretion”. At the same time, only the court is given the right to define extent of isolation of convicts and the mode of serving sentence. These requirements are reflected in Art. 58 of the Criminal Code of the Russian Federation. This requirement of the law contains also in Paragraph 5 of Art. 78 of the Penal Code of the Russian Federation, however in a situation with leaving in the pre-trial detention center there is situation when the decision of his chief, in fact, the court verdict which came into force regarding the appointed correctional facility condemned before a look changes.
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Sherman, Lawrence W. "Reducing Incarceration Rates: The Promise of Experimental Criminology." Crime & Delinquency 46, no. 3 (July 2000): 299–314. http://dx.doi.org/10.1177/0011128700046003003.
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The central promise of experimental criminology is its potential to lower the extraordinarily high incarceration rates in the United States. Imagining the counterfactual scenario of medicine without experiments suggests that major changes would be much slower and less effective without randomized field trials (RFTs). Imagining alternatives to our current high rates of imprisonment suggests that we might discover more effective programs for crime prevention without prison, as well as for crime prevention without courts. Research advances in the use of moral appeals and other mechanisms of attaining compliance through socialization rather than sanction threat provide a fertile research agenda. Carrying out that agenda with RFTs would be the shortest path to reducing incarceration rates.
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Manikis, Marie, and Jess De Santi. "Punishment and Retribution Within the Bail Process: An Analysis of the Public Confidence in the Administration of Justice Ground for Pre-Trial Detention." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 35, no. 3 (September 21, 2020): 413–35. http://dx.doi.org/10.1017/cls.2020.12.
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AbstractThis paper argues that lower courts have used their discretionary powers provided within legislation and St-Cloud to infuse a predominantly retributive interpretation into the public confidence in the administration of justice ground of pre-trial detention. This is illustrated notably by their choice of and weight afforded to the various aggravating and mitigating factors, the circumstances that relate to the commission of the offence, as well as their analysis of the length of imprisonment. This transfer of sentencing rationales, and to a greater extent, retributivism, into the third ground of pre-trial detention is used, in part, to justify pre-trial detention and can partially explain the rates of pre-trial detention. Finally, the underlying sentencing logic within the bail process can be understood within a sociological perspective, which examines the wider social functions of institutions and suggests that the bail process is an extension of punishment that serves to reinstate social order and public confidence.
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Gaydon, L. Beth, and Monica K. Miller. "Elders in the justice system: how the system treats elders in trials, during imprisonment, and on death row." Behavioral Sciences & the Law 25, no. 5 (2007): 677–99. http://dx.doi.org/10.1002/bsl.781.
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Terblanche, Stephan S. "The Child Justice Act: Procedural Sentencing Issues." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 320. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2314.
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In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo. The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so. Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided.
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Hall, John. "In the Shadow of the Khmer Rouge Tribunal: The Domestic Trials of Nuon Paet, Chhouk Rin and Sam Bith, and the Search for Judicial Legitimacy in Cambodia." Law & Practice of International Courts and Tribunals 5, no. 3 (2006): 409–77. http://dx.doi.org/10.1163/157180306778938700.
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AbstractIn 1994, Khmer Rouge guerrillas attacked a train in Kampot province, Cambodia, taking hostage three young Western backpackers. Two months later, after negotiations for their release collapsed, the three were murdered. Australian, British, and French government representatives exerted considerable diplomatic pressure on the Cambodian government, demanding that those responsible for the kidnapping and murders be brought to justice. In response, three former Khmer Rouge commanders, Chhouk Rin, Nuon Paet and Sam Bith, were arrested, and in a series of trials that lasted from 1999 until 2006, were convicted and sentenced to life imprisonment by Cambodian domestic courts.Crucially, these trials took place in the middle of difficult negotiations between Cambodia and the United Nations over the scope and nature of the proposed Khmer Rouge tribunal. A key point of disagreement was over the proper role in the tribunal for Cambodia's notoriously inefficient, corrupt and government-dominated judiciary. For that reason, the trials became a closely watched test of the Cambodian legal system, and took on a symbolic weight unusual for domestic trials. Dismissed by some observers as mere show trials aimed at legitimizing Prime Minister Hun Sen on the international stage, the trials nevertheless marked a significant step forward in the development of a functioning – albeit seriously flawed – judiciary.This article is the first to examine these highly significant cases. The Paet, Bith and Rin trials demonstrate the ability of Cambodian judges to convict Khmer Rouge members brought before them; what remains less clear is whether the Cambodian judicial appointees to the tribunal will be capable of meeting internationally recognized standards of justice. Perhaps, if permitted by their government to do so, they will grow to meet this historic challenge. If they do not, then the trials of Paet, Bith and Rin, may prove to be the high watermark in the search for judicial legitimacy in Cambodia.
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Safferling, Christoph J. M. "Terror and Law – Is the German Legal System able to deal with Terrorism? – The Bundesgerichtshof (Federal Court of Justice) decision in the case against El Motassadeq -." German Law Journal 5, no. 5 (May 1, 2004): 515–24. http://dx.doi.org/10.1017/s2071832200012669.
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Germany was the first country to open trial against a person who has allegedly participated in the 9/11 terror attack in the US. Shortly after September 2001 intelligence services in- and outside Germany concentrated on Hamburg as one of the places where the pilots and their supporters planned the attack. The Maroccan national Mounir El Motassadeq was the first who was arrested and charged by the General Federal Prosecutor with (1) abbeting murder in 3066 cases and (2) with being a member of a terrorist organisation . The trial took place before the Oberlandesgericht (Upper Regional Court – OLG) in Hamburg, where the accused resided at that time. He was sentenced by this Court in first instance to 15 years imprisonment – the first conviction for the 9/11 attack. The accused nevertheless appealed to the Bundesgerichtshof – BGH, Federal Court of Justice, and his conviction was quashed and a re-trial ordered at the Court in Hamburg. In reaction to the BGH's decision Motassadeq was released from detention pending trial on 8 April 2004. The accused now awaits his re-trial on conditional bail.
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Twining, David T. "Albert Speer: In Retrospect." Public Voices 3, no. 2 (April 11, 2017): 87. http://dx.doi.org/10.22140/pv.476.
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Albert Speer is frequently viewed the most sympathetically of the twenty-two defendants at the 1945-46 Nuremberg trial, where he acknowledged responsibility for Nazi war crimes and was sentenced to twenty years imprisonment. Speer's efforts at public rehabilitation are contradicted by his clear distinction between responsibility and guilt. By accepting responsibility, while denying guilt, Speer avoided the hangman's noose, thus rationalizing the salient crime of the century the Holocaust. Speer's example stands as a warning for the future that others may similarly reject moral and legal culpability for their involvement in destroying human beings.
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Jamshed, Jibran, Junaid Jan, Amal Atta Muhammad, and Khurram Baig. "Mental Illness and Criminal Justice System of Pakistan: Analysis of the Landmark Judgment in Safia Bano Case." Pakistan Journal of Humanities and Social Sciences 11, no. 1 (February 15, 2023): 102–12. http://dx.doi.org/10.52131/pjhss.2023.1101.0333.
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The aim of the study is to outline the legislation provided for mentally ill offenders and prisoners. Individuals suffering from mental illness are the most vulnerable segment of society, but in Pakistan, the conditions of mentally ill prisoners are very pathetic. During the arrest, prosecution, sentence, and detention, the criminal justice system of Pakistan fall short of providing adequate protection to persons with psychosocial disabilities and mental illness. The study aims to analyze the latest judgment in the Safia Bano Case, in which the Supreme court commuted the death sentence of three mentally ill prisoners on death row. The study will discuss the impact of this judgment on mentally ill prisoners undergoing trial and imprisonment. The researcher will use doctrinal research methods to analyze the relevant laws regarding the protection of the rights of the mentally ill in the criminal justice system. The International obligations of Pakistan related to mentally ill persons are also highlighted. The landmark judgments in this regard will also be analyzed along with a descriptive analysis of the conditions of such persons in Pakistan. In Pakistan, mental health is not given due importance in the normal course. The situation is detrimental in the case of mentally ill persons undergoing trial or conviction. As the mentally ill neither represent him during the trial nor the ends of justice can meet if he is undergoing imprisonment. The jurisprudence developed by the Supreme court is welcoming as it will impact the treatment of mentally ill persons significantly. It aligns with the protection of the most stigmatized and marginalized segments of society. The study will ultimately imbibe arbitrariness within the application of law and protects their rights in the long run.