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1
Gallagher, Geraldine. « Gender, social enquiry reports, and social work disposals ». Thesis, University of Stirling, 2005. http://hdl.handle.net/1893/3247.
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Throughout the nineties a range of factors, not least the series of suicides at Cornton Vale women's prison, highlighted concerns about how the criminal justice system deals with female offenders in Scotland. There has been a review of community-based disposals and the use of custody for women (Scottish Office, 1998a), an Inspection of Cornton Vale was conducted (HMI, 2001), and a Ministerial Group on Women's Offending was set up (Scottish Executive, 2002a). Despite this concern the numbers of female offenders being sentenced to custody has continued to rise. This study sought to examine the nature of criminal justice social work services delivered to female offenders and the way in which ideological and policy shifts have impacted on it. Differences relating to gender, with regard to both practitioners and clients, within the context of criminal justice social work in Scotland,w ere considered.T his included a consideration of the impact of the policy shift from the "welfare" to the "justice" model. Thirty-five interviews were conducted with criminal justice social work staff and material was drawn from 420 Social Enquiry Reports. The study examined practices and policies which relate to how women are supervised, how these relate to the presentation of information in social enquiry reports, and in turn how this may relate to the final court disposal imposed. A discrepancy between policy and practice was identified in that the latter draws on the "welfare" model more than is endorsed by formal policy. This greater emphasis on the "welfare" model applies to work with female offenders in particular. There were concerns amongst criminal justice social work staff that such a difference in approach might be discriminatory. A new "welfare" model of supervision appears to have been adopted in the supervision of female offenders. This model emphasised the importance of the working relationship, between supervisor and client, within which women offenders should be allowed scope for negotiation. Information on female offenders derived from both interviews with criminal justice staff and the data obtained from SERs is used to review social control theory (Hirschi, 1969), as it exists, as an explanation of female offending. Carlen's study (1988) of female offenders suggested that integral to their involvement in offending was a rejection of the controls to which they are subjected and of their gender roles. By contrast the profile of women offenders as identified in this study suggests that women are offending partly in an endeavour to conform to, or at least cope with, their gender roles. Female offenders were reported as having experienced greater adversity and this appears to havee licited a protective response from social workers. This protection began in women's childhoods and is evident in their treatment as adults. The organisation of community service is considered by female social workers to have an inherent gender bias which renders it less suitable for female offenders. These concerns appear to have foundation in terms of an apparent gender bias in the operation of community service schemes. Female offenders sentenced to community service were more likely to have had their SERs compiled by male SER writers, while female offenders sentenced to probation were more likely to have their SERs compiled by female SER writers. Female social workers specifically appear to adopt a stronger welfare orientation when compiling reports on female offenders apparently motivated by an inclination to protect. This has implications for gender specific allocation of work. The effect is not protection if reports arc undermining community service as a possible alternative to custody for women, as appears to be the case when the SER writer is female.
2
Musson, Anthony Joseph. « Public order and law enforcement in England, 1294-1350 : the local administration of criminal justice ». Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272579.
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3
Barreneche, Osvaldo 1958. « Crime and the administration of criminal justice in Buenos Aires, Argentina, 1785-1853 ». Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282402.
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This dissertation analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as case study. It concentrates on what I call the formative period of the postcolonial penal system, from the installation of the second Audiencia (superior justice tribunal in the viceroyalty of Rio de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of inter-regional organization and codification began. During this transitional period, basic features of the modern Argentine criminal justice system emerged which I study in detail. They are: (a) institutional subordination of the judiciary; (b) police interference and disruption in the judiciary-civil society interface; (c) manipulation of the initial stages of the judicial process (sumario) by senior police officers (comisarios); and (d) utilization of institutionally malleable penal-legal procedures as a punitive system, regardless of the outcome of criminal cases judicially evaluated.
4
Dufresne, Martin. « La justice pénale et la définition du crime à Québec, 1830-1860 ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.
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5
沈啓誠 et Kai-shing Shum. « A study of harsh officials (ku li) and the legal system in Han China ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31221609.
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6
Barganski, Jenna Leigh. « Giving the Noose the Slip : an Analysis of Female Murderers in Oregon, 1854-1950 ». PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4542.
Texte intégralRésumé :
Analyzing the crimes of women murderers and how they fared in the criminal justice system demonstrates that though perceptions of gender evolved, resistance to sentencing women to death often persisted. The nature of homicides committed by women in Oregon set them apart from their male counterparts. Women were, and are, more likely to commit domestic homicides -- murders that involve a family member or partner. These crimes are typically not equated with crimes that warrant capital punishment. As a result, no woman has been subjected to the death penalty in the state.
This thesis analyzes the twenty-five women who were convicted of homicide in Oregon between 1854 and 1950. During these years the majority faced all-male court and penal systems. As such, they were handled differently in accordance with various social, cultural, and legislative shifts relating to women's roles as citizens. Through an examination of contemporary newspaper articles, inmate case files, and other Oregon State Penitentiary records, this thesis studies three distinct periods relating to these shifts: 1854-1900, 1901-1935 and 1936-1950.
The assumption that it was impossible for a woman to commit murder linked claims of insanity with criminality. The six women defendants between 1854 and 1900 were either deemed insane and transferred to the asylum or quickly released from prison to avoid potential controversy or additional expense. The twelve women convicted of homicide between 1901 and 1935 all received manslaughter convictions, an occurrence unique to this era. Following the Progressive Era, sentimental juries felt more comfortable convicting women of manslaughter. Many received indeterminate sentences of one to fifteen years and were released on parole.
The initial first-degree murder charges between 1936 and 1950 signaled a new period in the treatment of women charged with homicide. After gaining the right to vote and serve on juries, women began to be viewed more equally in the eyes of the law. During these years there was a more even distribution of manslaughter, second-degree murder, and first-degree murder convictions for the seven women defendants. This is due in part to women's growing presence in the public sphere.
In conclusion, the idea that women were submissive creatures that required the authority and protection of men in the courtroom began to fade by 1950. Each period of study demonstrates how the contemporary perception of women and their roles as citizens affected trial outcomes. However, even when women were charged with first-degree murder they were not sentenced to the death penalty -- likely due to the domestic nature of their crimes.
7
Miller, Vivien Mary Louise. « Violent crime, sexual deviancy and executive clemency in Florida, 1889-1918 ». Thesis, n.p, 1998. http://ethos.bl.uk/.
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8
Buffington, Robert Marshall. « Forging the fatherland : Criminality and citizenship in modern Mexico ». Diss., The University of Arizona, 1994. http://hdl.handle.net/10150/186853.
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This study examines elite discourse about crime and criminality in modern Mexico. This discourse was intimately connected to discussions of citizenship (and thus inclusion in the Mexican nation-state) which became increasingly important after Independence from Spain in 1821. Elites recognized that a broad, egalitarian definition of citizenship was a potent source of legitimation for a nation in the throes of self-definition. To these discussions of citizenship, discourse about crime and criminality added an effective counterpoint, identifying individuals and groups within the new nation that merited exclusion. Specifically, this study examines the emerging discourses of criminology and penology which attempted to bring a rational, even scientific approach to the long-standing problem of crime. These "liberal" discourses (and the criminal justice system they inspired) eschewed the overtly racist and classist legal legacy of Mexico's colonial past. However, despite their egalitarian pretensions, criminology and penology often rearticulated colonial social distinctions, first by covertly embedding traditional biases in a contradictory liberal rhetoric and later by legitimizing these prejudices with evolutionary science. Ultimately, little changed in post-Independence Mexican social relations: the poor, the indio, the mestizo continued to be excluded from participation in mainstream society, not because they were legally segregated as in the colonial period but because of their supposed criminality. Even Mexico's great social revolution generated few effective changes. Like their predecessors, revolutionary elites attempted to exploit the legitimizing potential of the criminal justice system but again without significantly redefining its basic clientele. The socially-marginal continued to pose a threat to public order and economic progress; thus they continued to be excluded from public life. Within this larger context, specific chapters also function as independent essays: chapter one examines the racist and classist subtexts embedded in post-Enlightenment, "classic" criminology; chapter two, the role of evolutionary science in legitimizing these subtexts; chapter three, the use of popular literary techniques in the construction of "scientific" criminology; chapter four, the place of prison reform in Mexican political discourse; and chapter five, the role of penal code reform in political legitimation.
9
Munro, William George. « The actuarial subject : legitimacy and social control in late modernity ». Thesis, University of Stirling, 2009. http://hdl.handle.net/1893/2244.
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The following thesis can be read as a socio-historical case study of the emergence of risk discourses within the Scottish Criminal Justice System, particularly in relation to offenders who are defined by their dangerousness. It focuses on the emergence of the Risk Management Authority (RMA) which was set up under recommendation of the MacLean Committee in 2000. The thesis examines the broader social and cultural forces from which the Risk Management Authority emerged by drawing on Hegel’s notion of ‘Ethical Life’ (Sittlichkeit) as a means of framing institutional change. By way of a re-interpretation of Hegel, through the lens of critical theory, it seeks to historicise and make problematic the concepts and assumptions surrounding our understanding of modernity. Through the concepts of reflexivity, legitimacy and indeterminacy it offers a critique of the existing sociology of risk, which places risk at the centre of debates on modernity, contingency and the self-understanding of society. This critique offers a conceptualisation of penal institutions as not just administering punishment, but as instrumental in the constitution of human subjectivity.
10
Boston, Clarinèr Freeman. « An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities : With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895 ». PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
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Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population.
The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions.
Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period.
Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.
11
Erbe, Carsten Ashley. « Crime, institutions and community : an exploratory analysis of criminal justice devolution in the Aboriginal settlement of Palm Island, Queensland ». Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/35886/1/35886_Erbe_1997.pdf.
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The thesis is an exploratory analysis and evaluation of criminal justice devolution on the Aboriginal settlement of Palm Island, Queensland. Embracing a community centric
approach, the work commences with an analysis of the historical development of the community from its inception to the modern day. Used as a starting point, the thesis then proceeds to explore the two theoretical concepts which underlie the broader devolution
movement. The institution and the goal towards its more effective and efficient operation - through the use of more grassroot, contingency-based, organizational structures; the community and the goal towards re-establishing its cohesive, collective nature - through the use and encouragement of more informal processes of human thought, interaction, and social control. The work goes on to demonstrate how this devolution process has
been manifested in the Queensland criminal justice context and in direct relation to Palm
Island itself This examination includes the police, adjudication/ court, and correction services available within the state. The general conclusion is that while the devolution process has some weaknesses it has improved the overall quality of these services. Yet,
while the process has shown some signs of early success, there are notable dangers related to its development, especially those which relate to the greater subversion of the Aboriginal people into the hands of the state. Ultimately it is concluded that the process' future success is dependent on two things. The willingness of the Aboriginal people to actively participate in these mechanisms and the state's capacity to relinquish its
institutional power. If these do not coincide, these mechanisms will fail and crime will continue to burden Palm Island and other communities like it.
12
Haider, Suki. « Female petty crime in Dundee, 1865-1925 : alcohol, prostitution and recidivism in a Scottish city ». Thesis, University of St Andrews, 2013. http://hdl.handle.net/10023/4126.
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Late-nineteenth and early twentieth-century Dundee had a strikingly large female workforce and this fact has attracted much scholarly attention. But existing research has not probed the official crime records to determine whether the associated local stereotype of the disorderly mill worker, as a ‘moral blot' on the landscape, is justified. This study looks at female criminality in Dundee 1865–1925. It finds that drunkenness, breach of the peace and theft were the leading female offences and that the women most strongly associated with criminality belonged to the marginalised sections of the working class. Amongst them were the unskilled mill girls prominent in the contemporary discussions, but it was prostitutes and women of ‘No Trade' who appear to have challenged the police most often. They were frequently repeat offenders and consequently this thesis devotes considerable attention to the women entrenched in Dundee's criminal justice system. A pattern noted in the city's recidivism statistics, and often echoed elsewhere, is that the most persistent offenders were women. The fact that men perpetrated the majority of petty crime raises the suspicion that the police statistics capture differential policing of male and female recidivists – an idea that builds upon feminist theory and Howard Taylor's stance on judicial statistics. Yet a detailed study of the archives reveals that there are as many examples of the police treating women fairly as there are of gender-biased law. Indeed, several practical constraints hindered over-zealous policing, one of which was the tendency of the local magistrates to throw out cases against prostitutes and female drunks. This thesis, taking the police and court records as a whole, emphasizes that it was generally pragmatism, rather than prejudice, that guided the sanctioning of female recidivists in Dundee.
13
Doyle, Charles James. « The judicial reaction in south-eastern France, 1794-1800 ». Thesis, University of Oxford, 1987. http://ora.ox.ac.uk/objects/uuid:59cc347e-6a12-4540-8d81-65018e2170da.
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The thesis investigates and analyses the hitherto neglected phenomenon of political reaction within the judiciary of south-eastern France during the period between the Thermidorian Reaction and the advent of the Consulate. The character, objectives and effects of the 'reaction judiciaire1 are studied through a series of different perspectives. The first task is to highlight the discrepancy between the concepts of the social and political effects of a revamped judicial system formulated during the Year III and the corrupt abuse of judicial power by reactionary provincial judges. Indeed, the study constantly seeks to explore the conceptual as well as the practical damage inflicted on the Directorial regime by the supposed trustees of the post-Terrorist republican settlement. Emphasis is placed upon the collaboration between the southern judges and the counter-revolutionary elements within the local community, especially in the discussion of the origins of the judicial reaction. The changes of technique and of objective which the judiciary experienced are explored in full. It is described from its beginnings as a weapon of retribution for the aggrieved local community against the former agents of the Terror to its role in the subversion of regional jacobinism to its support for the period of unchecked counter-revolution during the Year V and finally to its function as a 'rearguard' defender of arrested counter- revolutionaries during the period of the Second Directory. In addition, due consideration is given to the motivation of individual judges who operated the reaction. It is hoped that the thesis has provided a model for the study of the causes, techniques and aims of political reaction from within an independent state power. Furthermore, it is hoped that the work is seminal in its suggestion that judicial reaction and its many ramifications had both a direct and indirect bearing upon the fall of the Directory.
14
Tuttle, Liêm. « La justice pénale devant la Cour de Parlement, de Saint Louis à Charles IV (vers 1230-1328) ». Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020052.
Texte intégralRésumé :
La justice pénale constitue, à partir du règne de Saint Louis, une part importante de l’activité de la Cour du roi. En effet, tandis que se développe, notamment grâce à son intervention, un véritable « État de droit » dès le milieu du XIIIe siècle, le nombre d’affaires pénales portées devant elle ne cesse de s’accroître, et leur résolution constitue bientôt un domaine où s’élabore une politique judiciaire spécifique dont il y a lieu de déterminer les objectifs, les moyens et les résultats. Les décisions prises par ce qui devient le « Parlement » tendent à s’inscrire dans le prolongement des idées du temps sur le devoir incombant à la royauté de punir les infractions et de maintenir la paix, tout en révélant une confrontation régulière des juges aux difficultés inhérentes au caractère composite de l’organisation judiciaire et à l’enchevêtrement des coutumes, privilèges et autres droits propres. L’application d’une justice conforme aux idéaux de la royauté passe de manière nécessaire et préalable par la fixation d’un cadre judiciaire et juridique respectueux des droits acquis, mais également porteur d’obligations pour les juges pénaux du royaume. La cour souveraine les contraint ainsi au respect d’un certain nombre de principes, hérités pour partie de ceux qu’elle-même définit comme les fondements du procès pénal dans le cadre de son propre « style » naissant. La manière de résoudre le trouble provoqué par l’acte délictueux devient donc essentielle : après en avoir défini les éléments nécessaires à l’imputation d’une faute punissable, la cour applique et fait appliquer des peines toujours minutieusement « arbitrées » selon l’importance du dommage et l’intention coupable manifestée. La poursuite des crimes, le règlement de juges, la résolution des litiges entre juges et justiciables, sont autant de lieux privilégiés de la défense de la « chose publique », la cour s’assurant par là que les « crimes ne demeureront pas impunis », même si la part de la miséricorde demeure toujours réservée : ils seront traités par voie de droit, c’est-à-dire selon un droit pénal royal conforme à « ce que recommande la justiceAs early as the reign of St. Louis, criminal justice represents a major part of the work of the Court of the King. Indeed, from the middle of the thirteenth century, while a true “State of law” is being developed, especially through its daily activities, the number of criminal cases risen before it increases steadily. Their settlement becomes soon an area where a specific judicial policy is adopted, of which it is necessary to determine the objectives, the means and the outcome. The judicial decisions taken by what is becoming the “Parliament”, tend to fall in line with the ideas of that time about the duties of the monarchy concerning the punishment of offenses and the maintaining of peace, while revealing that the judges are confronted on a regular basis to the difficulties posed by the composite character of the judiciary, and the entanglement of customs, privileges and personal laws. Applying justice consistently with the ideals of the monarchy makes it a necessity and a prerequisit to set a judicial and legal framework, respectful for acquired rights, but also binding for criminal judges of the kingdom. The sovereign court forces them to respect a number of principles, partly inherited from those it itself defines, in its own developing procedure, as the fundamentals of the criminal trial. The way to solve the disorder caused by the criminal act becomes essential: after defining the elements necessary for the attribution of a punishable offense, the court applies and enforces penalties that are always meticulously “arbitrated” accordingly to the damage and to the guilt. Thus, the prosecution of crimes, the settlement between judges in criminal matters, or between the judges and private persons are all privileged areas for the defense of “public good”: through those, the court makes sure that “crimes do not go unpunished”, even if room is always left for mercy, and will be dealt with through law, that is through a royal criminal law in accordance with “what justice recommends”
15
Goetze, Stefan. « The transformation of the East German police after German unification ». Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669799.
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Fajon, Yan-Erick. « Les représentations du juge criminel dans la pensée politique française (1748-1791) ». Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0021/document.
Texte intégralRésumé :
Cette thèse sur la fin de l’Ancien Régime s’ étend de 148 à 1791. Ce travail de recherche est une exploration de la figure judiciaire et de ses représentations savantes et populaires sur la période donnée. Ainsi Les philosophes du XVIIIème siècle contribue largement grâce à leurs théories politiques à un renouveau théorique des représentations judiciaires. Ce renouveau s’accompagne également d’une fécondité littéraire dans le genre utopique. Ceci est bien la preuve que la question pénale est une question politique à la veille de la Révolution Française. Ce travail de renouveau judiciaire se poursuit avec l’Assemblée Nationale Constituante entre 1789 et 1791. Il se poursuit sous un angle pratique. C’est probablement ici que se situe la rupture entre les députés constituants et les philosophes des Lumières. Les premiers vont mettre en place un système judiciaire où seule la logique existe. Ce système est motivé par une haine du juge pénal du XVIIIème siècle. Les second, les philosophes, critiquaient le juge dans un souci d’exigence de liberté. Ils sont à ce titre le prolongement de l’humanisme et les précurseurs du libéralismeThis thesis on the end of the Ancien Régime extends from 1748 to 1791. This research work is an exploration of the judicial figure and its scholarly and popular representations on the given period. Thus the philosophers of the eighteenth century contributes largely through their political theories to a theoretical renewal of judicial representations. This renewal is also accompanied by literary fecundity in the utopian genre. This is proof that the criminal question is a political question on the eve of the French Revolution.This work of judicial renewal continues with the National Constituent Assembly between 1789 and 1791. It continues in a practical angle. It is probably here that lies the break between the constituent deputies and the Enlightenment philosophers. The former will put in place a judicial system where only logic exists. This system is motivated by a hatred of the 18th century criminal court. The second, the philosophers, criticized the judge for the sake of the need for freedom. They are in this respect the extension of humanism and the precursors of liberalism
17
Teixeira, Maria Lúcia Resende Chaves. « As cartas de seguro : de Portugal para o Brasil Colônia. O perdão e a punição nos processos-crimes das Minas do Ouro (1769-1831) ». Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/8/8138/tde-15122011-165329/.
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Esta tese apresenta as cartas de seguro dentro da matriz doutrinária portuguesa e suas formas de aplicação na justiça do Brasil colônia, no período de 1769 a 1831. Ela inicia apresentando uma versão da carta de seguro que foi um modelo de graça régia, para, em seguida, preocupar-se em revelar as repetições de aplicação, a transferência do Reino para o território colonial, procurando desvendar o significado do recurso dentro da organização doutrinária e da justiça lusitanas. O funcionamento das cartas de seguro, dentro do sistema jurídico e administrativo português, foi explanado no estudo empírico dos documentos remanescentes da comarca do Rio das Mortes, os processos-crimes, e, para entender a aplicação da justiça, bem como as formas como sua efetividade se apresentou na Comarca do Rio das Mortes, capitania e província de Minas Gerais, no período de 1769 a 1831, procurouse estudar os manuais dos praxistas que ensinaram a praxe do foro na segunda metade do século XVIII e início do século seguinte. Buscou-se mapear tanto os comportamentos confluentes entre as Minas e a matriz lusitana, bem como as formas incongruentes entre as duas instâncias. A tese foi dividida em duas partes, sendo que, na primeira, procurou-se explicitar a origem lusitana do recurso, descrevendo seus vínculos com a administração e justiça lusitanas. Na segunda parte, o trabalho voltou-se para o uso das cartas de seguro dentro do Brasil, ressaltando a aplicação local no território das Minas do Ouro, discutindo as diferentes formas de aplicação das cartas de seguro frente à diversidade social marcada com a presença de livres, cativos e forros; homens e mulheres; regiões mais e menos institucionalizadas, bem como regiões de fronteira. Estudou-se esse tema com o objetivo de instalar um debate sobre o funcionamento da justiça colonial e sobre a relação entre a colônia e sua metrópole, bem como se objetivou estudar a forma como a centralização do poder real influenciou a administração colonial.This thesis presents the letters of insurance, according to the Portuguese doctrinal matrix and their forms of application in the justice of colonial Brazil, the period from 1769 to 1831. It begins by presenting a version of the letter of insurance, which was a model of regal grace, then it is concerned about revealing the repetitions, its application, the transfer of the Kingdom to the colonial territory, trying to unravel the meaning of the resource in the Lusitan doctrinal and juridical organization. The functioning of insurance cards within the Portuguese legal and administrative system was based in the empirical study of the remaining documents of the district of Rio das Mortes, crimes cases, and to understand the application of justice, as well as the ways their effectiveness is presented in County of Rio das Mortes, captaincy and province of Minas Gerais in the period 1769 to 1831. It was made a study of the manuals of those who had the traditional rules and who taught the practice of court in the second half of the eighteenth century and the beginning of the next century. We attempted to map both the confluent behaviors between Minas and the Lusitanian matrix, as well as incongruent ways between these two bodies. The thesis was divided into two parts, which at first is an effort to explain the origin of the Lusitanian resource describing their ties to the Lusitanian administration and justice . In the second part, the work is about the use of letters of insurance in Brazil, with the application site in the Gold Mines, discussing the different ways to implement the insurance cards in face of the social diversity characterized by the presence of free and captive people and liners, men and women, most and least institutionalized places, as well as border regions. The purpose of studying this issue was the debate on the functioning of the colonial justice and the relationship between the colony and its metropolis, and also the intention of studying how the centralization of royal power influenced the colonial administration.
18
McEwan, Joanne. « Negotiating support : crime and women's networks in London and Middlesex, c. 1730-1820 ». University of Western Australia. History Discipline Group, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0121.
Texte intégralRésumé :
[Truncated abstract] This thesis examines the social and legal dynamics of support as it operated around women charged before the criminal courts in the eighteenth- and early nineteenth-century metropolis. It considers the nature and implications of the support made available to, or withheld from, female defendants by individuals to whom they were in some way connected. To this end, it explores the nuances of testimony offered by witnesses and defendants in an attempt to better understand the extent and effect of the support that could be negotiated by and from a range of groups, including family members, fellow household residents, neighbours and wider community members. How narratives were framed in either sympathetic or condemnatory terms was indicative of broader social attitudes and expectations regarding women and crime as well as of women's own relationships to households and neighbourhood. To the extent that this thesis aims to interrogate negotiations of support, it adopts legal narratives as a window through which to gain an insight into the social interactions and mediation of interpersonal relationships by eighteenth-century London women. The printed accounts of trials conducted at the Old Bailey and legal documents from the London and Middlesex Sessions records form the basis of the source material that contributed towards this study. These records provide contemporary narratives in which participants described their involvement in the legal system and articulated their relationships to events and to each other. As a result, they are invaluable for the wealth of qualitative detail they contain. These legal documents have also been complemented by other contemporary sources including newspaper reports and printed pamphlet literature. ... This thesis concludes first that neighbours and fellow household residents were usually in the strongest position to affect the outcome of criminal cases, either by offering assistance or disclosing incriminating information. The importance of household and neighbours rather than kin was closely tied to the domestic context in which many female crimes took place, and the 'insider knowledge' that was gained by living in close proximity to one another. However, if and when women retained links to family and kin who lived within travelling distance, they remained an important source of support. Secondly, the thesis identifies the detection and prosecution of crime as a gendered experience; contemporary social expectations about gender influenced both legal processes and the shaping of witness accounts. Thirdly, in its examination of local responses to female crime, the thesis supports the theory that a notable shift in sentiment towards female nature and legal culpability occurred during this period, which in turn affected the support offered to female defendants. Overall, the thesis demonstrates the paramount importance of witness testimony in articulating the circumstances surrounding female crimes, and the complex negotiations of interpersonal relationships which influenced how this evidence would be contextualised as supportive or not when it was delivered.
19
Moinian, Mohammad. « L'évolution du ministère public en droit iranien ». Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32021.
Texte intégralRésumé :
La Révolution Islamique de 1979 met fin à la monarchie constitutionnelle puis au ministère public en tentant de remédier aux difficultés récurrentes rencontrées par le système judiciaire depuis le début du siècle. Les institutions, furent complètement remaniées, dans l’intérêt du nouveau régime et afin de mettre en place, en rénovant le lien historique entre religions et institutions, une version politisée de l’Islam. Les révolutionnaires, insuffisamment préparés, manquant d’expérience et de connaissances, constatèrent l’échec des nouvelles politiques en matière judiciaire. Le ministère public était indispensable à l’exécution des missions régaliennes de maintien de la sécurité intérieure et de l’ordre public ainsi qu’au fonctionnement de la justice. Cette institution, présente sous des formes archaïques depuis l’antiquité et modernisée lors de la Révolution Constitutionnelle du début du XXème siècle, fut rétablie en 2002The Islamic Revolution of 1979 broke up the constitutional monarchy then disbanded the public prosecution institution to make an attempt to solve the chronic issues encountered by the judicial system since the beginning of the century. The institutional system was entirely overhauled, in the interest of the new system and in the purpose to establish a new model integrating the historical link between religion and institutions with a political kind of Islam. The revolutionaries, barely prepared, lacking of experience and knowledge, noticed the failure of the new judicial politics. The public prosecution was essential to the fulfillment of the regalian functions, including the maintenance of public order and domestic security, along with the functioning of justice. This institution, existing under varied shapes since antiquity and modernized in the beginning of the century with the constitutional Revolution, has been restored in 2002
20
FARMER, Lindsay. « The genius of our law : criminal law, tradition and legal order in Scotland, 1747 to the present ». Doctoral thesis, 1993. http://hdl.handle.net/1814/4620.
Texte intégral
21
« Justice on trial : criminal justice system in Republican Beijing (1912-1937) ». Thesis, 2011. http://library.cuhk.edu.hk/record=b6075465.
Texte intégralRésumé :
Ng, Hoi Kit Michael.Thesis (Ph.D.)--Chinese University of Hong Kong, 2011.
Includes bibliographical references (leaves 298-309).
Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web.
Abstract also in Chinese; includes Chinese.
22
« 北宋州縣的刑獄 ». 1988. http://library.cuhk.edu.hk/record=b5887686.
Texte intégralRésumé :
白智剛.手稿本, 複本據手稿本複印
論文(歷史學部哲學頭士)--香港中文大學,1988.
參考文獻:leaves 1-10 (3rd group)
Bai Zhigang.
〈前言〉 --- p.1
Chapter 第一章 --- 刑獄制度的建立 --- p.3
Chapter 一 --- 刑獄制度的轉變 --- p.3
Chapter 〈一〉 --- 立法概況 --- p.3
Chapter 〈二〉 --- 司法機構 --- p.8
Chapter 〈三〉 --- 對司法官員的限制 --- p.16
Chapter 二 --- 立法精神 --- p.25
Chapter 〈一〉 --- 體恤人民 --- p.25
Chapter 〈二〉 --- 留心吏治 --- p.29
Chapter 〈三〉 --- 因應需要 --- p.32
〈注釋〉 --- p.36
Chapter 第二章 --- 州縣司法的實際情況 --- p.64
Chapter 一 --- 治獄的程序 --- p.64
Chapter 〈一〉 --- 投案 --- p.64
Chapter 〈二〉 --- 驗獄 --- p.73
Chapter 〈三〉 --- 審問 --- p.81
Chapter 〈四〉 --- 囚禁 --- p.85
Chapter 二 --- 冤獄的形成 --- p.91
Chapter 〈一〉 --- 交差塞責 --- p.91
Chapter 〈二〉 --- 貪汙舞弊 --- p.94
Chapter 〈三〉 --- 私仇興訟 --- p.96
〈注釋〉 --- p.103
Chapter 第三章 --- 中央與地方刑獄的關係 --- p.127
Chapter 一 --- 中央與地方的連繫 --- p.128
Chapter 〈一〉 --- 宋初政局與強幹弱枝政策 --- p.128
Chapter 〈二〉 --- 刑法權收歸中央 --- p.133
Chapter 二 --- 州縣司法的特質 --- p.136
Chapter 〈一〉 --- 地域上的分別 --- p.136
Chapter 〈二〉 --- 人事上的差異 --- p.143
〈注釋〉 --- p.160
〈結語〉 --- p.188
〈附錄〉一 --- p.192
〈附錄〉二 --- p.219
〈附錄〉三 --- p.224
〈徵引書目〉
〈撮要〉
23
Andrews, Norwood Henry 1970. « Sunbelt justice : politics, the professions, and the history of sentencing and corrections in Texas since 1968 ». Thesis, 2007. http://hdl.handle.net/2152/3416.
Texte intégralRésumé :
In late 20th-century Texas, during decades of rapid economic growth and abrupt social transformation, traditional state institutions and other features of a less affluent Southern past persisted side by side with the modern and newly developed. Criminal justice, in Texas as in other states, became a realm that was fiercely contested politically and in the courts. Sentencing and corrections, in particular, bore the brunt of changes promoted by the frequently conflicting forces of federal grant aid to states and federal judicial intervention. In the case of Texas, comprehensive reforms ordered by federal courts became a crucial, if limited, impetus for change that challenged the resistance of the political establishment. The courts typically sought to compel state institutions to meet standards of service provision set by professional experts and certifying organizations. The lead role played by federal courts--rather than Texas professionals themselves and their statewide organizations--in advocating for reforms indicates that in a state political environment marked by a tendency toward concentrated power, and with few independent, politically insulated institutions of their own, Texas doctors, lawyers, academics, and other professionals had few active roles to play. As examples of courtordered reform, the cases of prison medical care and juvenile confinement both display the chronic abasement of professional standards by state institutions, the limits of effective judicial intervention over time, and the long-term cyclical patterns of state politics. Other episodes of attempted reform--the use of federal grant funds originally intended to upgrade criminal justice agencies, and a succession of initiatives to change the criminal sentencing code--demonstrate the prevalence of political pressures over state-supported professional expertise. The particular importance of physicians--and the absence of state medical organizations--in promoting the revival of a modernized death penalty is emphasized by a comparison with England, where doctors asserted a professional interest in criminal justice policies and preempted the medicalization of capital punishment. Ultimately the fate of each of these initiatives in the realm of sentencing and correction reflects the pressures tending against the creation and maintenance of independent professional authority in Texas.
24
Richards, Kelly M., University of Western Sydney et College of Health and Science. « 'Rewriting history' : towards a genealogy of 'restorative justice' ». 2006. http://handle.uws.edu.au:8081/1959.7/17010.
Texte intégralRésumé :
This thesis considers how ‘restorative justice’ has emerged as a legitimate response to crime. It presents the beginnings of a genealogical analysis of ‘restorative justice’ as it applies to criminal justice contexts. It comprises a ‘backwards-looking’ component, in which accepted historical accounts of ‘restorative justice’ are problematised, and a ‘forwards-looking’ component, in which a partial history of discourse of ‘restorative justice’ is presented. I conclude that these silenced discourses might be read as an incomplete and partial history of discourse of ‘restorative justice’. That is, ‘restorative justice’ ‘makes sense’ as an approach to criminal justice partly because of the credence of these discourses, upon which it relies, to some extent, for discursive legitimacy. These diverse and divergent discourses cast the ‘restorative justice’ project not as the unified and stable ‘movement’ as which it is usually portrayed, but as a fragmented and shifting phenomenon, comprised of a loose and heterogeneous assemblage of practices with variegated historical antecedents. Additionally, I conclude that some concerns raised by various scholars in the field – particularly in relation to the potential of ‘restorative practices’ to impact negatively on already marginalised and disadvantaged populations – are validated by this genealogy.Doctor of Philosophy (PhD)
25
Richards, Kelly M. « 'Rewriting history' : towards a genealogy of 'restorative justice' ». Thesis, 2006. http://handle.uws.edu.au:8081/1959.7/17010.
Texte intégralRésumé :
This thesis considers how ‘restorative justice’ has emerged as a legitimate response to crime. It presents the beginnings of a genealogical analysis of ‘restorative justice’ as it applies to criminal justice contexts. It comprises a ‘backwards-looking’ component, in which accepted historical accounts of ‘restorative justice’ are problematised, and a ‘forwards-looking’ component, in which a partial history of discourse of ‘restorative justice’ is presented. I conclude that these silenced discourses might be read as an incomplete and partial history of discourse of ‘restorative justice’. That is, ‘restorative justice’ ‘makes sense’ as an approach to criminal justice partly because of the credence of these discourses, upon which it relies, to some extent, for discursive legitimacy. These diverse and divergent discourses cast the ‘restorative justice’ project not as the unified and stable ‘movement’ as which it is usually portrayed, but as a fragmented and shifting phenomenon, comprised of a loose and heterogeneous assemblage of practices with variegated historical antecedents. Additionally, I conclude that some concerns raised by various scholars in the field – particularly in relation to the potential of ‘restorative practices’ to impact negatively on already marginalised and disadvantaged populations – are validated by this genealogy.
26
« The interaction between criminal justice system and social action in Hong Kong : from end of Second World War to 1980 ». 1998. http://library.cuhk.edu.hk/record=b5889652.
Texte intégralRésumé :
Hui Chark-shum.Thesis (M.Phil.)--Chinese University of Hong Kong, 1998.
Includes bibliographical references (leaves 157-163).
Abstract also in Chinese.
Abstract --- p.3
Introduction --- p.5
Chapter 1. --- Literature Review and Theoretical Orientation --- p.8
Chapter 1.1 --- key concepts --- p.8
Chapter 1.2 --- state and social action --- p.11
Chapter 1.3 --- the consensus and conflictual models --- p.15
Chapter 1.4 --- the refined framework --- p.27
Chapter 2. --- Research Problem and Empirical Framework --- p.35
Chapter 2.1 --- research method --- p.35
Chapter 2.2 --- Hong Kong history: viewing from the top --- p.39
Chapter 2.3 --- Hong Kong history: viewing from bottom --- p.45
Chapter 2.4 --- crime trend in Hong Kong --- p.50
Chapter 2.5 --- official description of social unrest: a quick look --- p.61
Chapter 2.6 --- comparing three modes of criminalisation --- p.74
Chapter 3. --- Evolution of the Institutional Framework --- p.78
Chapter 3.1 --- the deport-mode --- p.80
Chapter 3.2 --- the societies-mode --- p.93
Chapter 3.3 --- the disorder-mode --- p.100
Chapter 3.4 --- comparing the three: the locus of change --- p.106
Chapter 4. --- Civil Strifes and the State Responses --- p.116
Chapter 4.1 --- incidents under undifferentiated phases --- p.118
Chapter 4.2 --- incidents under deport-mode and societies-mode --- p.123
Chapter 4.3 --- incidents under societies-mode --- p.128
Chapter 4.4 --- incidents under disorder-mode --- p.133
Chapter 4.5 --- concluding remark --- p.139
Chapter 5. --- Conclusion
Appendix: Civil strifes in HK 1948-1980 --- p.153
Bibliography --- p.157
27
De, Villiers Elizabeth Ann. « 'n Vergelykende penologiese ondersoek rakende korrektiewebeleid en wetgewing ». Thesis, 2002. http://hdl.handle.net/10500/2466.
Texte intégralRésumé :
Text in Afrikaans with summaries in Afrikaans and English, and English title pageThis thesis is an attempt to give a penological evaluation relating to A comparative penological investigaion regarding Correctional Policy and Legislation, which is the aim of this research. This penological literature study will focus on an historic overview of the prison as an institution for punishment. Besides the historical background of the South African prison system it is also thereby placed on the policy and legislation of countries such as the Netherland's and England's prison institutions. After the implementing of policy and legislation in the prison systems the basis for an improved prison system was formed. Important core understandings of policy and the application of lawful prescriptions were checked and the different levels of the policy were included in the South African correctional system. Features of the policy and legislation were continually adapted after the changing needs and circumstances on social, economic and political environments. Consequently indicating in this comparative penological investigation it has come to the conclusion that no penalty institution can function normally and efficiently without a well-considered policy and legislation. It has been found that the formulation and implementation of the policy and prescriptions are an important part of the planning process of the correctional system. Rational for the search for correctional policy and legislation are mainly examined in South Africa and consequently it was to identify the respective policy and lawful prescriptions. It was contracted against the background of the maintenance and protection of a just, peaceful and safe society as the Law enforces verdicts of courts to imposed, charge like all captive sentence safe conservation to while their human dignity is assured and same time around the Constitution of the Republic of South Africa, No 108 of 1996. This Act was also promoting the social responsibility and human development of all prisoners and persons subject to community corrections. The implementation of policy and lawful prescriptions were orderly emphasised to the advantage or disadvantage of the captive and the prison system. This comparative investigation gave recognisance to international principles over corrective events and is included in a penological perspective at the same time.
Hierdie proefskrif is 'n poging om 'n teoretiese-prinsipiele uiteensetting te gee oor 'n Vergelykende penologiese ondersoek rakende Korrektiewebeleid en Wetgewing ten einde die doelwit van hierdie navorsing te bereik. 'n Literatuurstudie oor die historiese ontwikkeling van die gevangenis as strafinrigting is ingestel en is gefokus op die gevangenisstelsels in Suid-Afrika, Engeland en Nederland. Benewens hierdie historiese agtergrond is die doel om die ontwikkeling van die strafbeleid en wetgewing in oorsese lande en in Suid-Afrika te identifiseer ten einde die verandering binne die gevangenisstelsels te verstaan. Hierdie gebeurtenisse van vroeer en hedendaags het die grondslag gevorm vir 'n verbeterde gevangenisstelsel. Belangrike kernbegrippe van beleid en die toepassing van wetlike voorskrifte is nagegaan en die verskillende vlakke van beleid wat betrekking het op die Suid-Afrikaanse korrektiewe stelsel is omskryf. Wetgewing is as die hoogste vlak van beleid beskryf en gevolglik word beleid en wetgewing voortdurend aangepas na gelang van veranderde behoeftes en omstandighede op maatskaplike-, ekonomiese- en politieke terreine. In hierdie penologiese ondersoek is aangedui dat geen strafinstelling normaal en doeltreffend kan funksioneer sonder 'n deurdagte beleid en wetgewing nie. Daar is aangedui dat die formulering en implementering van die beleid en voorskrifte deel is van die beplanningsproses van die korrektiewe stelsel. Die rasionaal van korrektiewebeleid en wetgewing is hoofsaaklik in Suid-Afrika ondersoek en is onderskeie beleidsrigting en wetlike voorskrifte in oenskou geneem. Oit is gedoen teen die agtergrond van die instandhouding en beskerming van 'n regverdige, vreedsame en veilige samelewing wat deur die Wet voorgeskryf is om alle gevangenes in veilige bewaring aan te hou terwyl hul menswaardigheid verseker word. Dienooreenkomstig is daar uitvoering gegee aan die Grondwet van die Republiek van Suid-Afrika, No 108 van 1996 en bevorder hierdie Wet die maatskaplike verantwoordelikheid en die menslike ontwikkeling van aile gevangenes en persone onderworpe aan gemeenskapskorreksies. Die implemetering van korrektiewebeleid en wetlike voorskrifte is menigmale beklemtoon tot voordeel of nadeel van die gevangene en die gevangenisstelsel. Terselfdertyd is daar in hierdie vergelykende penologiese navorsing erkenning gegee aan internasionale beginsels oor korrektiewe aangeleenthede en is dit terselfdetyd in penologiese perspektief geplaas.
Criminology
D.Litt. et Phil. (Penology)