Bibliografie tematiche / Alternative sentence to imprisonment

Letteratura scientifica selezionata sul tema "Alternative sentence to imprisonment"

Autore: Grafiati

Pubblicato: 22 giugno 2024

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Articoli di riviste sul tema "Alternative sentence to imprisonment":

Terblanche, Stephan S. "The Child Justice Act: Procedural Sentencing Issues". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, n. 1 (26 aprile 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.

Holmboe, Morten. "Alternative Sentence of Imprisonment for Unpaid Fines". Federal Sentencing Reporter 31, n. 1 (1 ottobre 2018): 48–51. http://dx.doi.org/10.1525/fsr.2018.31.1.48.

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Gunawan, Teng Junaidi, e Muhammad Sholehuddin. "Nonequivalence Between Imprisonment and Fines in United States Sentencing Guidelines". Journal of Law and Sustainable Development 11, n. 9 (11 ottobre 2023): e512. http://dx.doi.org/10.55908/sdgs.v11i9.512.

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Objective: Seeking rational uniformity and proportionality of sentencing in United States Sentencing Guidelines. The United States has been establishing and updating its sentencing guidelines and structure based on the Sentencing Reform Act since 1984, aiming to improve the ability of the criminal justice system to fight crimes through an effective and fair sentencing system. Thus the objective here is to evaluate whether that aim has been met. Method: Through normative research, the economic analysis of law was utilized to study the sentencing in the 2021 United States Sentencing Guidelines and its manual, especially comparing imprisonment and fine sentences. At the same time, comparing the imprisonment sentence and the fine sentence as the imprisonment alternative with the help of local economic variables, the minimum wage. The differentiation between the fine sentence or fines and its imprisonment alternative is calculated for each statute in the US Sentencing Fine, especially under §5E1.2.(c). (3). - Fines for Individual Defendants’ Fine Table, and combining it with the minimum and maximum values in Sentencing Table in §5A to find the differentiation value or reference value or each row to analyse if any pattern emerged. Then compare it with the second objective, the United States’s national minimum wage is used to calculate the minimum and maximum imprisonment statute to calculate the amount of money a normal person working legally in the worst condition, paid in the minimum wage, can collect in the same length amount of time. Results: This research shows that: a) there is no equivalence between imprisonment and a fine sentence in the United States Sentencing Guidelines, and b) imprisonment has lesser economic value than its alternative sentence. Both findings are against the purpose of seeking rational uniformity and proportionality of sentencing. The nonequivalence above demonstrates the structure and guidelines of the United States sentencing system, which have several excellences compared to the sentencing system of other countries, such as Indonesia’s prior Penal Code Book. However, the United States sentencing system is also flawed, which needs improvements in applying economic analysis and efforts to fix the flaws.

Jocić, Dragan. "PRILOG RASPRAVI O KAZNI DOŽIVOTNOG ZATVORA I MEĐUNARODNIM PRAVNIM STANDARDIMA". Journal of Criminology and Criminal Law 59, n. 1 (21 maggio 2021): 173–84. http://dx.doi.org/10.47152/rkkp.59.1.7.

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The latest amendments to the Criminal Code of the Republic of Serbia have quite a lot of controversy among the professional public. The subject of this paper is a critical review of various propositions for overcoming legislative omissions in relation to the sentence of life imprisonment without conditional release for certain criminal offences. Furthermore, this paper deals with prison sentences for crimes for which the conditional release is legally excluded. The intention is to encourage the professional public to find the best solutions for overcoming legally untenable prohibition of conditional release for people sentenced to life imprisonment. The author estimates that pardon, in our legislation, does not represent an effective legal remedy, nor an alternative to conditional release.

Lešková, Lýdia, Lenka Haburajová Ilavská e José García Martín. "Alternative Punishment as a Suitable Alternative to Imprisonment". Journal of Education Culture and Society 13, n. 2 (27 settembre 2022): 39–54. http://dx.doi.org/10.15503/jecs2022.2.39.54.

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Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.

Leka, Adrian. "Impact of Offenses in Alternative Sentences". European Journal of Language and Literature 7, n. 1 (21 gennaio 2017): 135. http://dx.doi.org/10.26417/ejls.v7i1.p135-139.

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Alternative sentences prevent violence and help the community. Prison is known as a place where people are confined and restricted from personal freedom. There are a lot of crime categories where exists different type of offenders, but on the other hand there are a lot of solutions for each of them .Imprisonment is not always the only way to punish an offender. As alternative sentences we can list some of them: a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion. Alternative sentences can be different based on the type and harshness of the crime, the effect of the crime on the victims, the age of the defendant, the defendants criminal history and the defendants remorse. This is decided by the judge, court. Below we will explain some different types of alternative sentences in more details.

Kantorowicz-Reznichenko, Elena. "Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions". European Journal of Crime, Criminal Law and Criminal Justice 23, n. 3 (22 luglio 2015): 191–213. http://dx.doi.org/10.1163/15718174-23032068.

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The practice of short-term imprisonment has been long criticised due to its criminogenic effect and costs. To minimise its use, many European countries introduced alternative sanctions such as community service or home confinement with electronic monitoring. Unfortunately, in practice those sanctions are often imposed on non prison-bound offenders, a phenomenon termed ‘the net-widening problem’. Consequently, instead of reducing the prison population, the alternative sanctions substitute lighter punishments such as fines or conditional imprisonment. The discretion power whether to impose a prison sentence or its alternatives lies in the hands of the judges. Therefore, the way to enhance the use of alternative sanctions as a substitute to short-term imprisonment is to change the behaviour of judges. This paper adopts the behavioural law and economics approach to discuss, in the context of European criminal justice systems, how certain procedural rules overcome or use cognitive biases in order to promote the use of alternative sanctions.

Saputra, Romi. "The social work criminal law policy reduces the overcapacity of correctional institutions". Jurnal Cakrawala Hukum 13, n. 3 (28 dicembre 2022): 308–15. http://dx.doi.org/10.26905/idjch.v13i3.6512.

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This study discusses the imposition of a sentence against a person who commits a crime which is a very important part of realizing a good criminal justice system, in this case, the judge must be able to choose the right type of punishment for the perpetrator. The alternative to imprisonment, in this case, social work punishment, provides for the fact that prison sentences are increasingly being criticized due to humanitarian considerations, philosophical considerations, and economic considerations. Criticism of the negative consequences of imprisonment has given rise to thoughts of looking for an alternative to imprisonment, even though imprisonment can be justified in terms of crime prevention and public safety. Social work criminal acts for perpetrators of minor crimes can fulfill elements of development and provide protection to society. Guidance elements that are oriented toward individual criminal offenders who are convicted of social work offenders are protected from negative impacts such as being labeled as offenders by society and loss of self-confidence.How to cite item: Saputra, R., (2022), The social work criminal law policy reduces the overcapacity of correctional institutions. Jurnal Cakrawala Hukum, 13(3)308-315. doi:10.26905/idjch.v13i3.6512.

Zakiyah, Ninik. "HAZAIRIN DAN PENGHAPUSAN PIDANA PENJARA PENDEK". Al-Ahkam 26, n. 2 (2 dicembre 2016): 249. http://dx.doi.org/10.21580/ahkam.2016.26.2.996.

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This writing describes Hazarin thought of the ineffectiveness of short imprisonment in Indonesia and the study of possibility replacement of short prison sentences with social penalties. Hazarin said that short imprisonment is ineffective to give deterrent effect, and may even lead to negative stigmas and consequences such as the prisoners will become more virulent after being released from prison, that make people reject the presence of ex-prisoners. Hazarin offers the concept of criminal work in the public interest without being paid in lieu of imprisonment. He also offers customary or Islamic law penalty to replace the short imprisonment as an alternative. Thus the replacement of the short sentence of imprisonment is in accordance with Islamic law and the first principle of Pancasila, the divinity of the God, the Almighty, who gives the human soul religious consciousness. Besides that, it is also in accordance with the fifth principle of Pancasila, the development of human awareness through moral education and justice for peace and justice social life. However, with the current conditions in Indonesia, the Hazainin thought doesn’t seem applicable.

Lorens, D. V., O. V. Shtykun e A. A. Kemeniash. "APPLICATION OF ALTERNATIVE PUNISHMENTS (IN DIFFERENT COUNTRIES OF THE WORLD)". Scientific Herald of Sivershchyna. Series: Law 2023, n. 3 (23 ottobre 2023): 49–60. http://dx.doi.org/10.32755/sjlaw.2023.03.049.

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The article examines the legal systems of European countries in terms of alternative punishments to deprivation of liberty. Legal systems of serving sentences mainly consist of criminal, criminal executive and penitentiary codes. It is they who determine the very system of punishments of the country, the procedure for serving punishments and the possibility of an alternative when choosing a punishment. Alternative punishments should be considered to be those that can replace imprisonment or restriction of liberty. An alternative such as probation is associated with restriction of freedom in Ukraine. Among the alternatives in other countries, fines are the most common. Fines are imposed for crimes for which damages can be compensated in monetary terms. But not all such consequences of criminal offenses can be changed to monetary compensation: this should be provided for in the criminal code. In addition, a widespread punishment abroad is the establishment of supervision in the form of probation. Such type of punishment as installation of electronic surveillance is widespread. The punishment consists in installing a means of electronic monitoring on the suspect’s body for a period of up to one year. Other types of punishments include: probation, other types of supervision, conditional sentence, conditional release from serving the sentence, treatment for alcohol or drug addiction, treatment of mental disorder. One of the similar Ukrainian punishments is community service, which is actively used as an alternative to imprisonment in Estonia and France. The author also points out the current problems associated with the implementation of the European alternative experience. Among them are martial law, the economic crisis, the workload of law enforcement officers, the presence of Soviet elements in certain types of punishments. Key words: alternative punishment, electronic control, electronic surveillance, supervision, deprivation of liberty, probation, fine.

Più fonti

Tesi sul tema "Alternative sentence to imprisonment":

Rozycka, Martina. "L’emprisonnement face à l’objectif de réinsertion : l’exemple de la détention ouverte en Allemagne". Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA010/document.

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Bien que la prison peine demeure en situation d’échec, en particulier pour satisfaire à son objectif de réinsertion, en France, il y est encore largement fait recours, y compris pour la petite et moyenne délinquance. Dans un premier temps, cette thèse propose d’analyser les raisons de cet échec. Les peines de milieu ouvert, quant à elles, ne constituent pas des peines de substitution efficaces à l’emprisonnement en raison de leur manque de crédibilité dû à leur faible caractère punitif. Plutôt que de condamner catégoriquement la peine privative de liberté pour mettre en avant les bienfaits des peines de milieu ouvert, il est important de s’interroger sur la manière de rendre la peine privative de liberté plus efficace en matière de réinsertion. Pour ce faire, nous allons nous inspirer du modèle de détention ouvert et réfléchir sur l’opportunité de créer une sanction d’une sévérité intermédiaire entre la prison du milieu fermé et les mesures de milieu ouvert, une peine d’emprisonnement fondée sur la confiance et exécutée au sein du milieu semi-ouvert
Although prisons continue to fail at their aim to resocialise offenders, in France prison sentences are widely handed down for minor and serious offences. This thesis analyses the reasons for this failure. Sentences prescribed by the community are not efficient substitutions for imprisonment because of their poor punitive character. Instead of categorically condemning imprisonment and replacing it with probation, it is important to ask how to make imprisonment a more effective resocialisation mechanism. From this, we draw our inspiration from open prisons and reflect on the appropriateness of introducing an intermediate sentence between de rigueur imprisonment and probation, a prison sentence based on trust and executed in a semi-open environment

Bioy, Hélène. "Le jour-amende en droit pénal français". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0022/document.

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Le jour-amende, introduit en France par la loi n°83-466 du 10 juin 1983, est une « peine pécuniairecorrectionnelle qui astreint le condamné à verser au Trésor public une somme, dont le montantglobal résulte de la détermination par le juge d'une contribution quotidienne pendant un certainnombre de jours, et qui peut être prononcée à la place de l'emprisonnement ou cumulativement ».Cette définition passe toutefois sous silence le second aspect de cette peine, dont la particularité,par rapport à l'amende ordinaire, réside dans la possibilité d'ordonner l'exécution d'une détentionpour une durée équivalente au nombre de jours-amende impayé. Cette sanction pénale est ainsicaractérisée par sa dualité matérielle, qui a conduit le législateur à lui attribuer un régime enapparente adéquation avec cette spécificité. Or, trente ans après sa consécration en France, lejour-amende peine à trouver sa place au sein du système répressif. Loin d'avoir satisfait auxespoirs portés par son introduction, dans un contexte de lutte contre les courtes peinesd'emprisonnement, le jour-amende semble se heurter à des difficultés liées à son fonctionnement.Sa dualité matérielle, qui est son atout majeur, a conduit à une réelle ambiguïté fonctionnelle. Uncertain nombre d'incohérences est à déplorer dans le système mis en place par le législateurfrançais. Ce constat, accentué par l'étude du droit comparé, conduit à la certitude que le jouramendedoit être réformé. Aussi, ce travail de recherche tend à élaborer un certain nombre depropositions pouvant servir de base à l'initiation d'une réflexion législative, en vue d'une réformequi semble indispensable
The day-fine, introduced in France by law n°83-466 of 10 june 1983, is defined as « a fine thatrequires the convicted offender to pay the Treasury a sum of money which results from the judge'sdetermination of a daily contribution for a number of days, and which may be imposed instead of,or in addition to, imprisonment ». This definition ignores the second aspect of the penalty.Specifically, it is possible to order the detention for a period equivalent to the number of unpaidday-fines. This criminal sanction is thus characterized by its material duality which is consistentwith this apparent specificity. However, thirty years after its acceptance in France, it is clear that theday-fine is struggling to find its place within the law enforcement system. Far from having metexpectations when il was introduced, in a context of fighting against short prison sentences, theday-fine seems to be facing a number of difficulties relating to its functioning. Its material duality,which is the biggest advantage, has become a real functional ambiguity. Regrettably, there are anumber of inconsistencies in the legal system. This, highlighted by the study of comparative law,leads to the certainty that the day-fine must be reformed. Also, this research aims to formulate anumber of proposals which could be used as a basis for a debate and a reform that seemsnecessary

Agbodo, Jean Paul. "Le choix de politique criminelle en matière de récidive des majeurs : analyse de droit comparé français, canadien et ivoirien". Electronic Thesis or Diss., Paris 8, 2021. http://www.theses.fr/2021PA080124.

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Le choix de politique criminelle contre la récidive des majeurs a permis au législateur français de mettre en évidence deux formes de politiques pénales depuis le début de l’époque contemporaine. Si la première établie sur la sévérité des supplices a progressivement été transformée en la peine privative de liberté. La seconde mettant en évidence la peine alternative à l’emprisonnement semble recueillir aujourd’hui la majorité des acceptions dans la lutte contre la récidive. Pour se faire, le législateur français s’est tourné au cours de ces dix dernières années vers le droit canadien pour en extraire deux mesures, la peine de probation, et la justice restaurative. Mais, l’apport de ces différentes réponses pénales semble n’avoir qu’un effet mineur, dans la mesure où, ni la baisse de la récidive ni la réduction du taux d’incarcération considéré comme une cause majeure de la récidive n’aient été constatées avant la crise du Covid 19. C’est pourquoi, l’idée d’un consensus sur l’intégration de la philosophie pénale de la réhabilitation du condamné, à l’instar du droit canadien, s’impose au législateur français, souhaitant réussir l’objectif de politique criminelle relative à la baisse de la récidive. Delà, si la justice restaurative apparait comme un atout dans lutte contre la récidive, le numerus clausus peut aussi y être joint. Toutes choses auxquelles le législateur ivoirien est aussi invité à engager pour restaurer son système pénal qui en l’état, relève de pratiques qui s’apparentent encore aujourd’hui ; à un manque de clarté dans la lutte contre la récidive
The choice of criminal policy against the recidivism of adults has allowed the French legislator to highlight two forms of penal policy since the beginning of the contemporary era. If the first one established on the severity of the punishments has been transformed into the deprivation of liberty. The second one, highlighting the alternative punishment to imprisonment, seems to gather today the majority of acceptances in the fight against recidivism. In order to do so, the French legislator has turned to Canadian law over the last ten years to extract two measures, the probation sentence and restorative justice. However, the contribution of these different penal responses seems to have only a minor effect, insofar as neither a decrease in recidivism nor a reduction in the rate of incarceration considered a major cause of recidivism was observed before the Covid crisis.19. This is why the idea of a restorative justice system is so important. This is why the idea of a consensus on the integration of the penal philosophy of rehabilitation of the convicted person, following the example of Canadian law, is essential for the French legislator, wishing to achieve the criminal policy objective of reducing recidivism. Therefore, if restorative justice appears to be an asset in the fight against recidivism, the numerus clausus can also be added. All things to which the Ivorian legislator is also invited to commit in order to restore its penal system which, as it stands, is based on practices that are still similar to a lack of clarity in the fight against recidivism

Freitas, Cintia Helena Bulgarelli. "Diversidade, êxitos e problemas: uma análise psicossocial da Prestação de Serviços à Comunidade na CEPEMA da Justiça Federal de 1º Grau em São Paulo". Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21598.

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
This Master’s degree dissertation was to understand the particularities of practices related to Community Service Sentence / Order within the scope of the Social Work and Psychology Section of CEPEMA, at Federal Judiciary in São Paulo, based on the constructionist perspective’s assumptions, on the concepts of complexity, multiple realities and ontological politics as well as the notion of performativity. To reach its general purpose we historicized it in the world and in Brazil; we compare the English model, due to the seniority and frequent studies on the subject, to the Brazilian model, whose studies are still incipient; we described the Section’s service and characterized its diversity from initial and exit interviews. Document search and the PsycINFO database search were the procedures used to achieve the first three specific objectives and the choice and analysis of interview reports for the latter. Through this trajectory, we have identified that, at Federal Judiciary, in São Paulo, there are different ways to operationalize Community Service, from the places and practices that perform or enact it. In federal courts, where judgments and agreements are made, it is performed in its juridical aspect, as an alternative penalty or measure to prison; in the criminal execution proceedings, during a hearing, when a judge begins the execution of the sentence, Community Sentence, although performed in its legal aspect, has its focus shifted to the admonition and possible adjustment of the sentence imposed to the current conditions of the convicted person; in the Section, during the interviews, it is performed in its psychosocial aspect and in the agreed institutions it can be performed in different versions, according to three of the four conceptual models that guide the discourses of its applicability: rehabilitation of the person, a sense of revenge and the unfolding of the contemporary change from Nation-State to Market-State. The visibility we seek to give to Section’s Community Service practices lies in the need to problematize and denaturalize situations experienced by interviewees, which are often not considered, nor in the context of judgment and attribution of sentences, nor in the scope of criminal execution, since its reality produced during the admonition hearing, based on the logic of Criminal Law, is not the same as that produced in the Section during the initial interview, based on the logics of Social Service and Psychology. In the first, the legal order is privileged, since it contains the element of coercion, supported by the use of force. In this sense, the legal reality about Community Service naturally overlaps the psychosocial reality, hiding and smothering what could minimize or make it unfeasible. That is why we need to make explicit ethical and political positions regarding these realities, opening the way for dialogue about such delicate human issues we deal with on a daily basis, which at some point must be considered
O objetivo desta dissertação foi entender as particularidades das práticas relacionadas à Prestação de Serviços à Comunidade – PSC enquanto pena / medida alternativa à prisão, no âmbito da Seção de Serviço Social e Psicologia da CEPEMA, na Justiça Criminal Federal de São Paulo, a partir dos pressupostos da perspectiva construcionista, dos conceitos de complexidade, de múltiplas realidades e de ontologias políticas, além da noção de performatividade. Para se alcançar o objetivo proposto, historicizou-se a PSC no mundo e no Brasil; comparou-se o modelo inglês, pela antiguidade e frequentes estudos sobre o tema, ao modelo brasileiro, cujos estudos ainda se mostram incipientes; foi descrito o serviço da Seção e caracterizada a diversidade da PSC a partir das entrevistas iniciais e de desligamento. A pesquisa documental e na base de dados PsycINFO foi o procedimento utilizado para se alcançar os três primeiros objetivos específicos e, a escolha e a análise de relatos das entrevistas, para o último. Por meio dessa trajetória, identificou-se que, no judiciário criminal federal, em São Paulo, há maneiras distintas de operacionalizar a PSC, a partir dos locais e das práticas que a performam ou enact. Nas varas criminais federais, em que são feitos julgamentos e acordos, a PSC é performada em sua vertente jurídica, enquanto pena ou medida alternativa à prisão; na vara das execuções penais, durante as audiências admonitórias, quando um juiz dá início à execução da condenação, a PSC, embora performada em sua vertente jurídica, tem seu foco deslocado para a admoestação e eventual adequação da pena imposta às condições atuais da pessoa condenada; na Seção de Serviço Social e Psicologia, durante as entrevistas, a PSC é performada em sua vertente psicossocial; e nas instituições conveniadas, a PSC pode ser performada em diferentes versões, de acordo com três dos quatro modelos conceituais que norteiam os discursos de sua aplicabilidade: reabilitação da pessoa, sentimento de vingança e o desenrolar da mudança contemporânea de Estado-Nação para Estado-Mercado. A visibilidade que se buscou dar às práticas de PSC da Seção reside na necessidade de problematizar e desnaturalizar as situações vividas pelas pessoas entrevistadas que, na maioria das vezes, não são consideradas, nem no contexto de julgamento e atribuição das penas, tampouco no âmbito da execução, uma vez que a realidade sobre a PSC produzida na vara durante a audiência admonitória, a partir da lógica do Direito Penal, não é a mesma produzida na Seção durante a entrevista inicial, a partir das lógicas do Serviço Social e da Psicologia. Na primeira, a ordem jurídica é privilegiada, por conter o elemento da coação, apoiado no uso da força. Nesse sentido, a realidade jurídica sobre a PSC naturalmente se sobrepõe à realidade psicossocial, escamoteando e abafando aquilo que poderia minimizá-la ou inviabilizá-la. Por isso, há a necessidade de se explicitar posições éticas e políticas frente a essas realidades, abrindo-se caminho para o diálogo entre saberes sobre questões humanas tão delicadas, com as quais se lida cotidianamente e que, em algum momento ou medida, precisam ser ponderadas

Bild, Jonathan Daniel. "The mandatory life sentence for murder : lessons from two neighbours". Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708327.

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Kotova, Anna. "'He's got a life sentence,but I have a life sentence to cope with as well' : the experiences of long-term prisoners' partners". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:f0112637-cc52-44f5-a979-e205652694b7.

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There is a small, but growing, body of research on prisoners' families. It has shown that these families experience numerous pains and deprivations associated with imprisonment, ranging from financial hardship to social (stigma) and emotional issues (grief-like emotions). It has also been suggested that long sentences could exacerbate and prolong these problems. However, no studies on long-term prisoners' families specifically have yet been conducted in the UK. This study explores the experiences of 33 long-term prisoners' partners. Prison sociology, which has explored imprisonment, and long-term imprisonment specifically, is used to inform the analysis. Themes such as coping with the pains of imprisonment over time and with the length of the sentence and time passing are explored. It is also shown that partners are fundamentally changed, on an identity level, by a long sentence. Furthermore, stigma is explored, and it is argued that partners of long-term prisoners experience especially strong stigma and that it lasts for a long time indeed. Finally, this thesis considers how the partners outside 'do family' across prison walls, and how imprisonment makes this challenging indeed. In conclusion, it is argued that the experiences of prisoners' partners speak to the sociological research on imprisonment more broadly and that drawing on these experiences can develop the prison sociologist's knowledge about the broader sociological impact of imprisonment.

Leigey, Margaret E. "Life while serving life examining the correctional experiences of older inmates serving a life without parole sentence /". Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 439 p, 2007. http://proquest.umi.com/pqdweb?did=1397904001&sid=4&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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Annison, Harry. "Dangerous politics : an interpretive political analysis of the imprisonment for public protection sentence, 2003-2008". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:73c4f0dc-b86f-4d02-a380-0ae97d3974b4.

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The thesis constitutes a detailed historical reconstruction of the creation, contestation and subsequent amendment of the Imprisonment for Public Protection sentence, the principal ‘dangerous offender’ measure of the Criminal Justice Act 2003. Underpinned by an interpretive political analysis of penal politics, the thesis draws on a detailed analysis of relevant documents and 53 interviews with national level, policy-oriented actors. The thesis explores how actors’ conceptions of ‘risk’ and ‘the public’ interwove with the political beliefs and political traditions relied upon by the relevant actors. It is argued that while there was general recognition of a ‘real problem’ existing in relation to dangerous offenders, the central actors in the creation of the IPP sentence crucially lacked a detailed understanding of the state of the art of risk assessment and management (Kemshall, 2003) and failed to appreciate the systemic risks posed by the IPP sentence. The creation of the IPP sentence, as with its subsequent amendment, is argued to highlight the extreme vulnerability felt by many government actors. The efforts of interest groups and other pressure participants to have their concerns addressed regarding the systemic and human damage subsequently caused by the under-resourcing of the IPP sentence is explored, and the challenge of stridently arguing for substantial change while maintaining ‘insider’ status is discussed. As regards senior courts’ efforts to rein in the IPP sentence, it is argued that the increasingly conservative nature of the judgments demonstrate that the judiciary are not immune from the creep of a ‘precautionary logic’ into British penal politics. Regarding the amendment of the IPP sentence, the Ministry of Justice’s navigation between the twin dangers of a systemic crisis and a political crisis are explored. In conclusion, the IPP story is argued to demonstrate a troubling ‘thoughtlessness’ by many of the key policymakers, revealing what is termed the ‘banality of punitiveness.’ The potential for a reliance on political beliefs and traditions to slip into this thoughtless state, and possible ways of ensuring that such policy issues are engaged with in a more inclusive and expansive manner, are discussed.

Neville, Laura. "A preliminary legislative evaluation of the conditional sentence of imprisonment, the case of Ontario, 1996-1997". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ38758.pdf.

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Zajic, David Michael. "Multiple Alternative Sentence Compressions as a tool for automatic summarization tasks". College Park, Md. : University of Maryland, 2007. http://hdl.handle.net/1903/6729.

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Thesis (Ph. D.) -- University of Maryland, College Park, 2007
Thesis research directed by: Computer Science. Title from t.p. of PDF. Includes bibliographical references. Published by UMI Dissertation Services, Ann Arbor, Mich. Also available in paper.

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Libri sul tema "Alternative sentence to imprisonment":

Commission, Zambia Law Development. Community service: An alternative to custodial sentence. [Lusaka]: The Commission, 1997.

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Junger-Tas, J. Alternatives to prison sentences: Experiences and developments. [The Hague]: RDC, Ministry of Justice, 1994.

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Chris, May. Explaining reconviction following a community sentence: The role of social factors. London: Home Office, 1999.

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Klein, Andrew R. Alternative sentencing, intermediate sanctions, and probation. 2^a ed. Cincinnati, OH: Anderson Pub. Co., 1997.

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Arey, Bette. Electronically monitored home confinement: A new alternative to imprisonment. Madison, Wis: State of Wisconsin, Legislative Reference Bureau, 1988.

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Dianu, Tiberiu. Non custodial sanctions: Alternative models revisited. Manchester: University of Manchester, 1995.

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Semisch, Courtney. Alternative sentencing in the federal criminal justice system. Washington, DC: U.S. Sentencing Commission, 2009.

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Dianu, Tiberiu. Non-custodial sanctions: Alternative models for post-communist societies. New York: Nova Science Publishers, 1997.

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New York (State). Unified Court System. Committee on Alternative Criminal Sanctions. Report of the Unified Court System's Committee on Alternative Criminal Sanctions. [New York]: The Committee, 1996.

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Semisch, Courtney. Alternative sentencing in the federal criminal justice system / [Courtney Semisch]. Washington, D.C: United States Sentencing Commission, 2009.

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Capitoli di libri sul tema "Alternative sentence to imprisonment":

Hall, Maggie. "Relational Aspects of Imprisonment". In The Lived Sentence, 169–207. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-45038-4_6.

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Davies, Martin. "No alternative to imprisonment". In Prisoners of Society, 151–71. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003433125-9.

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Hall, Maggie. "The Socio-Political Context of Imprisonment in New South Wales". In The Lived Sentence, 19–45. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-45038-4_2.

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Harding, Christopher, Bill Hines, Richard Ireland e Philip Rawlings. "Types of Prison Sentence and the Prison Regime". In Imprisonment in England and Wales, 205–35. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003432678-12.

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Huang, Gui. "General Issues Concerning Life Imprisonment". In On the Alternative Punishment to the Death Penalty in China, 131–81. Singapore: Springer Nature Singapore, 2024. http://dx.doi.org/10.1007/978-981-97-1627-2_5.

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Ono, Teppei. "Life Imprisonment in Japan: The Existing Legal System and Alternative Sanctions for the Death Penalty". In Life Imprisonment in Asia, 197–223. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-4664-6_8.

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Tschanz, Anaïs. "“There’s a Tech for That”: Balancing Dignity and Security in Carceral Settings Through Alternative Technology Devices". In Body Searches and Imprisonment, 241–64. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-20451-7_11.

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Huang, Gui. "The Approaches of Life Imprisonment as an Alternative to the Death Penalty in China". In On the Alternative Punishment to the Death Penalty in China, 183–96. Singapore: Springer Nature Singapore, 2024. http://dx.doi.org/10.1007/978-981-97-1627-2_6.

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Weitekamp, Elmar. "Can Restitution Serve as a Reasonable Alternative to Imprisonment? An Assessment of the Situation in the USA". In Restorative Justice on Trial, 81–103. Dordrecht: Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8064-9_5.

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Frase, Richard S. "Limiting Retributivism". In The Future of Imprisonment, 83–120. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195161632.003.0004.

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Abstract Norval Morris’s theory of limiting retributivism provides one solution to the perennial problem of how to reconcile the often-conflicting purposes of punishment. Under Morris’s theory, concepts of just deserts set upper and occasionally lower limits on sentencing severity. Within these outer limits, other purposes and principles provide the necessary fine-tuning of the sentence imposed in a particular case. Such other purposes and principles include not only traditional crime-control purposes such as deterrence, incapacitation, and rehabilitation but also considerations of equality (uniformity) and a concept Morris calls parsimony: a preference for the least severe alternative that will achieve the purposes of the particular sentence. Morris rejected coerced rehabilitation as a reason for imprisonment or for extending a prison term and also argued that the type or duration of the sentence should rarely if ever be based on individual predictions of dangerousness. His later writings expressed strong support for sentencing guidelines, provided they are flexible and incorporate intermediate sanctions as well as prison terms.

Atti di convegni sul tema "Alternative sentence to imprisonment":

Igrački, Jasmina, e Marina Brašovan Delić. "ALTERNATIVE CRIMINAL SANCTIONS IN THE REPUBLIC OF SERBIA". In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.7.22.p05.

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The workload of prisons and the increase in crime is not only a problem in the Republic of Serbia but in the region and the whole world. Therefore, the introduction of alternative sanctions is a step toward reducing the prison population, humanizing the sentence, reducing costs, avoiding the harmful consequences of imprisonment such as stigmatization, deprivation and privation instead of rehabilitation, a positive effect on recidivism, crime prevention, and prevention. The application of alternative criminal sanctions is only at first sight more significant only for minor, possibly moderate crimes. In the first place, that is true, because they are intended for this category of crimes - their perpetrators. However, their application is also of great importance for serious crimes, because it saves the resources of criminal justice, which can be focused on combating serious crimes. Unfortunately, we cannot say that our judicial system applies alternative sanctions exclusively in exchange for short-term imprisonment, which is indicated by the data on the number of persons who have served up to one year in prison in previous years. Statistical data for 2020 for the territory of the Republic of Serbia indicate the following application of alternative sanctions, and according to the Law on Execution of Extrajudicial Sanctions and Measures: Imprisonment served in the premises where the convict lives (house arrest with and without electronic supervision) - 3560, Probation with protective supervision- 19, Penalty of work in the public interest (decisions of the misdemeanor and criminal court) -156, Measure prohibiting leaving the apartment (house arrest) with and without electronic supervision -1066. Keywords: alternative sanctions, punishment, penal policy, excessive crime

Ristova, Olja. "THE ROLE OF PROBATION SERVICE IN PRONOUNCING ALTERNATIVE MEASURES – SUSPENDED SENTENCES WITH PROTECTIVE SUPERVISION AND COMMUNITY SERVICE". In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.6.22.p21.

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The Law on Probation in the Republic of North Macedonia was adopted in 2015, but its implementation began in 2018, after the establishment of the Probation Offices in the Basic Courts with extended jurisdiction. Since the purpose of probation is a reduction in the prison population, education of the convicted person, as well as his/her resocialization and correction of behavior, an analysis of the scope of alternative measures to imprisonment is of great importance for examining the impact of probation reports when determining the type and weight of the criminal sanctions issued by judges. This research was conducted with a quantitative and qualitative analysis of the verdicts, in the period between 2019 and 2021, in which a suspended sentence with protected supervision and community service was issued based on the probation reports in the basic courts in North Macedonia. The quantitative analysis obtained data on the number of suspended sentences with protective supervision and community service at the level of probation offices in basic courts with extended jurisdiction. Qualitative research of the content of the verdicts gave insight into the type of crimes that most often elicit suspended sentences with protective supervision and community service by the courts; as well as the conditions, socio-economic and individual factors, based on which the respective probation office proposed protective supervision or community service in addition to suspended sentences. The analysis concludes that judges and prosecutors are insufficiently educated, which is reflected in the low level of cooperation with probation offices and the insufficient application of the legal provisions in order to achieve the main goals of probation. Keywords: alternative measures, probation, resocialization, correction, supervision.

Martinez, Renata, Jessika Lima e Leandro Celes. "When service design meets social impact: Process and mindset used to contribute to the public policy to reduce the overpopulation in Brazil’s Prison". In ServDes.2023 Entanglements & Flows Conference: Service Encounters and Meanings Proceedings, 11-14th July 2023, Rio de Janeiro, Brazil. Linköping University Electronic Press, 2023. http://dx.doi.org/10.3384/ecp203034.

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Brazil has the third largest prison population in the world, 682,100 people, and this number is growing faster than the global average (Programa Fazendo Justiça, 2022). In this scenario, the Fazendo Justiça Program has its relevance compromised with the United Nations Agenda 2030 to promote peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable and inclusive institutions at all levels. The program has 28 actions that unfold into various initiatives. The focus will be on one of the projects: The implementation of the new module of Alternative sentences and Measures to imprisonment in the Unified Electronic Execution System (SEEU). Through service design lens and people-centered approach, the new module gains more human perspective, a product roadmap based on real needs and contributes to systematised data production on how these measures are being executed, promoting value and guidance to public policy. This paper describes the steps undertaken during the design process to support the launch of the module's first version.

Blagić, Dragan, e Zdravko Grujić. "GENERAL RULES FOR IMPOSING A SENTENCE OF JUVENILE IMPRISONMENT". In EU LAW IN CONTEXT – ADJUSTMENT TO MEMBERSHIP AND CHALLENGES OF THE ENLARGEMENT. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2018. http://dx.doi.org/10.25234/eclic/7123.

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Igrački, Jasmina. "LIFE IMPRISONMENT- WORLD SITUATION AND EXPERIENCE IN EXECUTION". In SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.4.21.p23.

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In the second half of the 20th century, the tendency to abolish the death penalty influenced to an increased use of life imprisonment. According to available data, about half a million people in the world today are serving a life sentences in prison. Out of 216 countries and territories, life imprisonment is imposed in 183. Between 2004 and 2015, there was an increase in the imposition of these sentences of about 84%. Life imprisonment, with the exception of countries where the death penalty is applied, is imposed as the maximum punishment for the perpetrators of the most serious crimes. In different countries, life imprisonment is imposed with different options: with or without the possibility of parole depending on the severity of the crime and the social risk of the crime, the minimum sentence served, etc. A particular problem is the execution of this criminal sanction from the aspect of: application of the treatment, preservation of security in the institution both personal and general, preservation of the minimum level of mental health of convicts, accommodation of these convicts - individually or in a group with other categories of convicts, etc. International organizations dealing with human rights of prisoners recommend that prison institutions take advantage of all the opportunities that treatment provides in order to, as far as possible, preserve health, moral and spiritual strength of every prisoner who is serving a life sentence in prison, as a human, moral and civilized act of society. Keywords: life imprisonment, convict, treatment, social reaction, prison.

Maletina, E. A. "Social And Pedagogical Support Of Persons Serving Sentence In Places Of Imprisonment". In Pedagogical Education: History, Present Time, Perspectives. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.08.02.99.

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Ral'nikova, I. A. "Time perspective of convicted men serving a sentence of imprisonment in a medical correctional institution". In Scientific Trends: pedagogy and psychology. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/sciencepublic-04-08-2019-12.

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Soković, Snežana. "POVERENIČKA SLUŽBA U SRBIJI – KRITIČKI OSVRT NA PITANjA ORGANIZACIJE I NADLEŽNOSTI". In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.867s.

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Significant changes in the conceptual-normative framework of prison, as well as in the context of the necessary standards relevant to the practice of its execution, have not eliminated the "basically negative" consequences of imprisonment. While today alternative, non-institutional criminal sanctions and measures are the standard in almost all modern criminal justice systems, their application in practice is very different both in terms of scope and in terms of efficiency. The concept of applying alternative sanctions and measures is fundamentally different from the application of imprisonment measures and requires a different, non-punitive approach and specially organized services. Essentially, the scope and efficiency of the application of alternative sanctions and measures depends on how functional the normative frameworks of each envisaged sanction and measure are and how operative and efficient are the services competent for their execution. The paper critically analyzes the conditions and manner of work of the domestic commissioners` service in the context of the fact that the implementation of non - institutional measures in domestic conditions is progressing but still very slow. The wider application of non- institutional measures and sanctions is slowed down by the insufficiently precise normative framework of certain probation measures, as well as certain organizational weaknesses of the commissioners` service.

Nuhodžić1, Dženana. "THE PRESCRIBED IMPRISONMENT SENTENCE AS A CONDITION FOR THE CONCLUSION OF THE PLEA AGREEMENT IN THE LEGISLATION OF MONTENEGRO". In 5th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2019. http://dx.doi.org/10.31410/eraz.2019.7.

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Klátik, Jaroslav, Jozef Michalko e Marta Hlaváčová. "Alternatívne tresty, trest zákazu účasti na verejných podujatiach". In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.194-205.

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Alternative punishments represent an alternative to an unconditional prison sentence, as they are not associated with the deprivation and limitation of personal freedom in a prison or other penitentiary facility. When an alternative sentence is imposed, the convicted person remains at liberty, which not only does not limit the personal freedom of the convicted person placed in the institution for the execution of the sentence, but also restricts other rights. When an alternative sentence is imposed, family, social and economic ties are not broken and the convicted person is not torn from ordinary life, as is the case when an unconditional prison sentence is imposed and served. One of the alternative punishments is a ban on participation in public events, which can be imposed on the perpetrator of a special crime committed in connection with participation in public events. Due to the specific level of participation in public events, as well as the fact that this ban of all punishments is limited to public events of the most recent and youngest punishments, this is the least punishment imposed.