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1
McCoy, Ted. "Emily’s Maternal Ideal: Pregnancy, Birth, and Resistance at Kingston Penitentiary." Journal of the Canadian Historical Association 27, no. 1 (July 18, 2017): 201–29. http://dx.doi.org/10.7202/1040529ar.
Повний текст джерелаАнотація:
The 1850s and 1860s saw the rise of a new women’s prison reform ideology that would shape the next half-century of women’s imprisonment. “Maternalism” was the promotion of femininity as the basis of reform and rehabilitation with accompanying notions of ideal womanhood and appropriate roles for imprisoned women and in the aftermath of a penitentiary sentence. This paper looks at literal motherhood in the penitentiary by examining the experiences of prisoner Emily Boyle. Boyle was pregnant during two separate terms at Kingston Penitentiary. During the first term in 1926, she was paroled so that she could return to Edmonton to give birth. During her second term in 1932, no mercy was extended in consideration of her pregnancy and Boyle began a battle with the Department of Justice over her right to keep her baby within the walls of Kingston Penitentiary. The warden recommended that Boyle be separated from her child and it be sent to the Home for Infants, in spite of the fact that the father was in Edmonton. Boyle resisted this decision, and in fact resisted all penitentiary involvement with her pregnancy and childbirth. She ultimately gave birth in the bathroom of the women’s ward with the assistance of two matrons. When the child was taken away from her, both Boyle and her husband fought the Department of Justice decision on the matter, rallying against the notion that their child was better served by the Children’s Aid Society. The paper examines multiple questions about motherhood and maternalism in the penitentiary’s first century. It argues that maternalism and motherhood were found at cross purposes when balanced with the demands of punishment. Emily Boyle found herself at this intersection, fighting to keep her child in an institution geared towards teaching her to become the ideal mother.
2
Jackson, R. V. "Bentham's Penal Theory in Action: the Case Against New South Wales." Utilitas 1, no. 2 (October 1989): 226–41. http://dx.doi.org/10.1017/s0953820800000248.
Повний текст джерелаАнотація:
Bentham was an influential thinker with an ‘essentially practical mind’. His influence on British social and political reform, however, was indirect, coming largely after his death and largely through the work of his disciples. Bentham's own attempts to put his ideas directly into practice generally had little effect. He came closest to success in the area of penal policy, winning a contract from Pitt's government in the early 1790s to build and manage a penitentiary that was to be organized on the panopticon principle. Bentham saw the penitentiary as the spearhead of prison reform and as a means of effecting a change from transportation to imprisonment as a punishment for serious crime. While Bentham's use of the panopticon principle itself has attracted most attention in the literature, there was more to his scheme than this. The penitentiary proposals were worked out in great detail, they were a conscious application of his theory of punishment, and they were consistent with and an element of his all-embracing plan of social, political, and constitutional reform.
3
Nesterova, Olga. "Review of Vasil’eva S. A. monograph ““I was In prison, and you came to Me...”: the history of the origin of prison service practice in the Protestant tradition and its influence on the course of prison reform in America, Europe and Russia”." International penitentiary journal 1, no. 2 (August 29, 2019): 145–53. http://dx.doi.org/10.33463/2712-7737.2019.01(1-3).2.145-153.
Повний текст джерелаАнотація:
The article presents a review on Vasil’eva S.A. monograph ““I was in prison and you came to visit me...”: the history of the origin of prison service practice in the Protestant tradition and its influence on the course of prison reform in America, Europe and Russia» given by Nesterova Olga Ivanovna, DSc (History), senior inspector on special assignments of the division of penal legislation, planning and conducting of official inspections of the Legal Department in the Federal Penitentiary Service of Russia. The monograph is devoted to the origin and development of prison service practice in the Protestant tradition and its impact on prison reforms in Europe and America in the XIX century. Through the prism of prison philanthropy societies formation and the Institute of prison chaplains formation in the United Kingdom and the United States, the author explored theological, legal and practical aspects of prison service in the Protestant tradition. Turning to the history of Christian missionaries, who acted long before the penal reforms of the XIX century, the author rethinks the theoretical and methodological content of English penological doctrines. British penitentiary ideology and American practice were extrapolated in the XIX century to all European countries, marking the beginning of the creation of national penitentiary systems in Europe and the Russian Empire. The work analyzes the materials that have not previously been introduced into scientific circulation and not translated into Russian. The monographic study is recommended to historians, theologians, lawyers, specialists in the field of penology, students and graduate students of the Humanities, as well as anyone interested in the history of penitentiary reforms and problems of social history in general.
4
Kwieciński, Adam. "Wybrane problemy klasyfikacji penitencjarnej w percepcji personelu specjalistycznego." Nowa Kodyfikacja Prawa Karnego 53 (February 1, 2020): 91–108. http://dx.doi.org/10.19195/2084-5065.53.6.
Повний текст джерелаАнотація:
Selected problems of penitentiary classification in the perception of specialist staffThis paper focuses on the problems of penitentiary classification of particular groups of convicts, which include convicts with mental disorders, addicts, and those suffering from physical health dysfunctions. The conclusions presented in the paper are based on the answers given by specialists doctors, psychologists, therapists, educators employed in prisons. They conclusions can be an incentive for discussion on the reform of the system of putting convicts in prison units appropriate for their needs, which in turn determines the results in terms of therapeutic and penitentiary influence and thus achieving the goals of penalty by convicts.
5
Dupont-Bouchat, Marie-Sylvie. "De la prison à l'école de bienfaisance, origines et transformations des institutions pénitentiaires pour enfants en Belgique au XIXe siècle (1840-1914)." Criminologie 28, no. 2 (August 16, 2005): 85–108. http://dx.doi.org/10.7202/017374ar.
Повний текст джерелаАнотація:
The history of three Belgian juvenile institutions is presented : the St. Hubert Penitentiary (1840-1921 ), its extension at Namur (1871-1896) and the Girls' Penitentiary at Namur (1864-1896). These institutions are seen in the more general context of the evolution from a reform of offender approach that characterizes the initial period, to an approach that stresses the need to protect youth who become viewed as children in danger in the last part of the century.
6
Serrano, Elena. "Sex and Prisons: Women and Spanish Penitentiary Reform, 1787‐1808." Journal for Eighteenth-Century Studies 42, no. 4 (November 20, 2019): 501–17. http://dx.doi.org/10.1111/1754-0208.12664.
Повний текст джерела
7
Ungurytė-Ragauskienė, Svajūnė, and Mantas Bileišis. "When a Market Runs a Hierarchy: Retrenchment of Bureaucratic Practices in Lithuanian Uniformed Services." Socialiniai tyrimai 41, no. 1 (July 2, 2018): 18–24. http://dx.doi.org/10.21277/st.v41i1.242.
Повний текст джерелаАнотація:
Some public administration literature that focuses on public administration reform indulges in constructing grand narrative theories such as New Public Management (NPM), or New Governance (NG). The most recent such theory that has been gaining attention over the past decade is the Neo Weberian State (NWS). The content of the theory with regard to its practical implication when it comes to reform is still unsettled. However, one key assumption behind the NWS is that reforms should be handled with care, as they may undermine the very institutions that have brought Western societies to the levels of their development they are in now. NPM’s drive to increase efficiency, and NG’s – democracy from the point of view of NWS is impossible if reforms deconstruct institutions that ensure the protection of the public interest and rule of law. NWS’s critique of post-communist reform efforts in the new eastern EU member-states is a case in point suggesting that leapfrogging the construction of a professional bureaucracy is ill-advised and does not lead to politically desired outcomes. In this paper we aim to evaluate which path of reform may lead to the best outcomes in a particular area of the public service – two non-military uniformed services of Lithuania – customs and penitentiary. These services have to a large degree avoided sweeping reforms throughout the independence period, in both cases – a soviet institutional legacy is also a factor. Both Customs and the Penitentiary service are suffering from multiple corruption scandals and very low public trust levels. These services are continuously in the crosshairs of reform, but few have been clearly articulated, even less so – implemented. Applying NPM to uniformed services, due to the nature of their functions was complicated, so as reforms in the 1990s and 2000s went along in the other sectors, policy-makers have largely left uniformed to their own devices, and this has led to retrenchment of the bureaucratic principles as would historical institutionalisms theory predict. We suggest that NPM-oriented governance avoids intervention in areas where NPM principles are hard to apply, leaving such areas without proper attention to continue down undesirable development paths. When the deconstruction of a hierarchy appears impossible, higher order governance needs to remain modelled as hierarchy as well. NWS in this case does offer a management modernization agenda, which could keep state institutions in step with social, technological, and economic developments.
8
Shulika, V. I. "Comparative legal characteristics of the penitentiary systems of England, Northern Ireland, Scotland and Wales." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 326–31. http://dx.doi.org/10.24144/2788-6018.2022.04.59.
Повний текст джерелаАнотація:
The article provides a general analysis of the legal acts regulating the activities of the UK penitentiary, the list and importance for the effective functioning of the UK penitentiary is indicated. The author performed a comparative legal analysis of the main legal acts regulating the penitentiary systems of England, Northern Ireland, Scotland and Wales. The special regulatory framework on the basis of which the penitentiary systems of England, Northern Ireland, Scotland and Wales operate is identified and clarified. The list of bodies and officials managing, supervising and controlling the activities of penal institutions in England, Northern Ireland, Scotland and Wales has been also determined.
Considerable attention was paid to the description and comparison of the powers of the Secretary of State and the Her Majesty’s Chief Inspector of Prisons, other officials and authorities of the penitentiary systems of England, Northern Ireland, Scotland and Wales, which made it possible to distinguish the differences in the powers exercised by them in the territory of each of the described territory. The proposed article, based on the performed comparative legal analysis and the identification of common and distinctive features of the penitentiary systems of England, Northern Ireland, Scotland and Wales, indicates the ways of potential optimization of the management of the penitentiary system of Ukraine in the context of the reform of the penitentiary system of Ukraine, which has been ongoing since 2016 and continues today.
The author proposed a comparative table in the sequence "administrative-territorial unit - bodies that manage, supervise and control the activities of penal institutions - name of the document / number of the article". Based on a comprehensive comparative analysis of the legal framework, a list of common and distinctive (special) features of the management of penitentiary systems in England, Northern Ireland, Scotland and Wales was synthesized. A whole spectrum of special, sometimes unique aspects of the functioning of the penitentiary systems of England, Northern Ireland, Scotland and Wales was singled out and compared with the peculiarities of the functioning of the penitentiary system of Ukraine.
9
Tadjibayeva, Dildora. "Penal legislation of Uzbekistan: condition, problems and prospects." International penitentiary journal 1, no. 3 (December 31, 2019): 191–96. http://dx.doi.org/10.33463/2712-7737.2019.01(1-3).3.191-196.
Повний текст джерелаАнотація:
The article is devoted to reforms of the Penal legislation in the Republic of Uzbekistan. The goal is to formulate an opinion and an idea about the events taking place in the country among penitentiary scientists in order to formulate proposals for the legislation improving. Methodology is theoretical methods and systems approach. Results are in-depth analysis of the current state of the Penal legislation to determine the development directions and prospects. The conclusion is the need to reform criminal, penal and criminal procedure legislation of Uzbekistan to improve domestic policy and integration into the world community.
10
Kozhokaru, Vladimir. "On the issue of penitentiary institutions classification." International penitentiary journal 2, no. 3 (December 30, 2020): 182–89. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.182-189.
Повний текст джерелаАнотація:
The penitentiary system of the Republic of Moldova has entered a stage of reform since it was transferred from the Ministry of Internal Affairs to the Ministry of Justice. For about 20 years under the auspices of the Ministry of Justice, similar to the European penitentiary systems, the national system has been experiencing the same difficulties: a high rate of recidivism, overcrowding in places of detention, an increase in cases of detection of prohibited items and substances in penitentiary institutions, lack of staff and insufficient financial resources. The situation at the national level differs from the general European practice in terms of separate detention of persons sentenced to imprisonment. The penalty of imprisonment is executed in penitentiary institutions of the following types: open, semi-closed, for juveniles (in which conditions correspond to semi-closed penitentiary institutions) and for women, in which the regime of detention corresponds to the regime established for open, semi-closed or closed type of penitentiary institutions, depending on the category of penitentiary institutions assigned by the sentence. The rigidity of the established system is determined by the clear definition in the law of the categories of prisoners and types of penitentiary institutions for serving sentences. It is not allowed to change the type of penitentiary institution. Such a system of imprisonment execution, established by mandatory norms of criminal law, not only creates a problem for the effective implementation of criminal justice (individualization of punishment), but also determines the need to organize three modes of detention in each type of penitentiary institution. Consequently, most penitentiary institutions should have at least 12 separate detention sectors, corresponding to each type of penitentiary and detention regime. At the same time, the problem of choosing the categories of sectors that should be present in a penitentiary institution becomes very relevant. This is due to the fact that the regime of a sentence execution in the form of imprisonment in a penitentiary institution does not consist in simple isolation, but in a regime with a rich content consisting of various aspects of life and activities of convicts during execution of sentences. Based on the results of the study, the author suggests revising the content of the concept “type of penitentiary institution”. This concept should include not only the level of accessibility within the penitentiary institution, but also the restrictions necessary for the detention of persons deprived of their liberty, depending on the assessment of their psychological profile, behavior and individual execution plan.
11
Jach, Theresa R. "Reform versus Reality in the Progressive Era Texas Prison." Journal of the Gilded Age and Progressive Era 4, no. 1 (January 2005): 53–67. http://dx.doi.org/10.1017/s1537781400003650.
Повний текст джерелаАнотація:
The state of Texas' determined effort to keep African-Americans performing plantation labor was at the heart of its prison farm system, from Reconstruction through the 1920s. State and penitentiary officials followed a practice of racialized labor control, demanding that African-American convicts perform plantation gang labor, not only to make the prison system profitable but also keep them involved in extractive agriculture. As the prison population grew, so did the abuse of convicts. The story of Texas’ penitentiary system shows the continuing tie between African-Americans, plantation labor, and racism in Texas, as well as other southern states. The sprawling farm system that developed in Texas made it unique in the South. When Progressive Era reformers confronted abuses in the Texas prison system, they had to contend with an overwhelming profit motive that made reform difficult, and warped reform measures they managed to push through the legislature. Among the initial goals of Texas prison reformers were an end to convict leasing and a ban on the use of the whip as punishment. The agenda of reformers collided with the goals of the Texas prison system, with unexpected results. Looking at reform measures after they passed the legislature illustrates how prison managers tried to circumvent regulations that hindered profitability.
12
Dordyai, V. "Administrative and legal bases of functioning of the institute of private performers in Ukraine." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 281–86. http://dx.doi.org/10.24144/2307-3322.2021.69.47.
Повний текст джерелаАнотація:
During the study, the author considers the administrative and legal principles and factors that contributed to the reform of the penitentiary system in Ukraine, analyzes the types of penitentiary systems operating in European countries, the impact of European experience on reforming domestic legislation and bringing it into line with European Union requirements. compliance with the third Copenhagen and Madrid criteria for membership in the European Union through the adaptation of domestic legislation, the establishment of relevant institutions of the legal system of Ukraine acquis communautaire. The special approach of Ukraine during the reform in terms of uneven, special, inherent in Ukraine distribution of powers between private and public performers is outlined. The research of domestic scientists of the institute of private executors and the system of executive proceedings after the reform as a whole is presented. The efficiency of private performers' activity is determined, as well as problematic issues of full-fledged existence of the institute of private performers in Ukraine. The statistical data operated by international experts, as well as the Association of Private Performers of Ukraine are given. A thorough study of the main factors that hinder the proper development of private performers in today's conditions. Ways to improve the institution of private performers, by continuing to reform, improving the legislation governing the selection and further activities of private performers are proposed.
13
Sokalska, Olena. "British prison projects: the Hard Labour Bill and the Penitentiary Act." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 74–80. http://dx.doi.org/10.36695/2219-5521.1.2020.13.
Повний текст джерелаАнотація:
The article analyzes the English prison projects: the Hard Labour Bill 1778 and the Penitentiary Act 1779. The author identified the reasons for their creation, sources, key points and their impact on the formation of penitentiary systems.
The American Revolutionary War made it impossible relocation of convicted criminals to the colony. His Majesty's Government had to rush to find a replacement for transportation. In the mid-70s of 18 century there were attempts to develop the foundations of new types of punishment that would replace transportation. Such an alternative would hard labor in special Houses of Hard Labor and Penitentiary Houses. The application of punishment by hard labour to criminals sentenced to transportation is developed in the Hulks Act 1776, the Hard Labour Bill 1778 and the Penitentiary Act 1779. The Hard Labour Bill and the Penitentiary Act were not about reforming prisons, but about developing a system of execution and serving a new type of punishment – imprisonment combined with hard labor.
The Hard Labor Bill for the first time enshrined the norms that, in 30-40 years, became the basis of the Pennsylvania system, the Auburn system, the progressive system: solitary confinement, the division of convicts into classes, the correction of the offender with the active participation of chaplain, the system disciplinary offence and sanction, initiation of post-penitentiary care, requirements for prison staff, control and supervision of prison activity by the public and judges.
The Hard Labor Bill has not been approved by Parliament. It has been slightly redesigned. The idea of a system of Houses of Hard Labor across the country had to be abandoned. Instead, William Blackstone proposed experimental Penitentiary Houses. It was approved in the Penitentiary Act 1779. An analysis of the main provisions of the Penitentiary Act shows that at least part of the regulation of the Penitentiary Houses and their conditions of detention were based on the Hard Labor Bill. Although the ambitious idea of creating a network of prisons throughout the country has been abandoned, Penitentiary Act 1779 has retained the general philosophy of imprisonment in combination with hard labor. Despite the lack of practical implementation, the 1779 Penitentiary Act was essential to further improve the operation of existing detention facilities and build new prisons throughout the country, but as a local initiative rather than a centralized reform.
14
Shcherbakov, Andrey, and Georgiy Kolarov. "Foreign experience in ensuring penitentiary security." International penitentiary journal 1, no. 3 (December 31, 2019): 166–90. http://dx.doi.org/10.33463/2712-7737.2019.01(1-3).3.166-190.
Повний текст джерелаАнотація:
The article constructively examines the activities of penitentiary institutions of leading foreign countries to ensure penitentiary security, taking into account the possibility of its use in domestic practice. The general characteristic of the modern Penal system of Russia is given, the main stages of its reform are noted, the political line of humanization of the Penal sphere while ensuring security for society, citizens and the state is pointed out. The internal and external aspects of penitentiary security, their organic interrelation and its integral and complex character are noted. On the basis of comparative legal method, in combination with other methods of scientific knowledge, the foreign experience of ensuring security of penitentiary institutions by differentiating convicts and conditions of serving sentences, as well as taking into account the wide use of advanced technical means of control and supervision in the process of penitentiary activity, is considered. As a result of generalization of foreign experience and its comparison with domestic practice, the existing problems of legal regulation in terms of differentiation of convicts serving sentences with isolation from society, as well as in the use of technical means to ensure prison security, are identified, and amendments to the current Penal legislation are proposed. As a matter of discussion, taking into account the review of best foreign experience, issues relevant to domestic practice, concerning the peculiarities of ensuring prison security in emergency situations, the model of a private prison institution, and the development of forms of social control and supervision of persons released from prison institutions, are noted. In this regard, conclusions about the parameters of foreign experience use in domestic practice are formulated.
15
Anishchenko, Viktoriia. "PROFESSIONAL COMPETENCIES FORMATION OF OFFICERS-PENINENTIARIES THROUGH THE PRISM OF VIRTUAL AND AUGMENTED REALITY." OPEN EDUCATIONAL E-ENVIRONMENT OF MODERN UNIVERSITY, SPECIAL EDITION (2019): 1–9. http://dx.doi.org/10.28925/2414-0325.2019s1.
Повний текст джерелаАнотація:
The article addresses to the idea of using virtual and augmented technologies for the educational environment expanding with the aim of forming modern professional competencies of future officers-penitentiaries of Ukraine. At present, a vector of higher education reform is clearly defined, aimed at developing conceptually new approaches to the organization of educational space for the training highly skilled, competitive specialists in various fields of professional activity, including the penitentiary profile. Penitentiary sphere is characterized by quasi-professionalism, which causes the penitentiaries to have a multifaceted spectrum of knowledge, skills and abilities. Particular attention is paid to the practice of providing various types of security to the penitentiary institutions (physical, administrative, dynamic), since this directly affects the level of society's security. Therefore, the author of the article paid much attention to the teaching methods of tactical training disciplines in the Academy of the State Penitentiary Service, which is based on the use of gaming (business learning game, role playing, training) and non-gaming (analysis of specific situations, group discussions, discussion platforms, brainstorming, methods of cooperative studying) teaching methods that are conducted in the form of special trainings. It is the form of conducting practical classes that promotes the formation of certain professional competencies of future officers in the field of penitentiary institutions security. The article proposes to improve the forms of conducting practical classes by using technologies of augmented reality. This will provide opportunities to create the development conditions of a system for obtaining modern knowledge in the field of future professional activity of cadets; to solve the multifaceted task of future penitentiary officers training based on active and competent approaches; to create a practice-oriented interesting learning content, aimed at motivating students for self-education, improving certain skills and abilities, working out modern professional competencies that are important for the performance of service-professional activities at a decent level.
16
Vengerska, Victoria, Oleksandr Zhukovskyi, and Oleksandr Maksymov. "ESTATES IN THE ACTIVITIES OF JUDICIAL INSTITUTIONS AND PENITENTIARY ESTABLISHMENTS IN RIGHT-BANK UKRAINE (1864–1914)." Intermarum history policy culture, no. 7 (January 28, 2020): 7–24. http://dx.doi.org/10.33287/112001.
Повний текст джерелаАнотація:
Right-bank Ukraine became part of the Russian Empire after the second partition of the Polish-Lithuanian Commonwealth in 1792. The integration of these territories into the new administrative, economic and cultural space caused certain difficulties. In the first half of the 19th century, the region had the highest percentage of peasant serfs and the elements and institutions of the non-existent state (including the courts) still existed and kept functioning.
The defeat in the Crimean War of 1853–1856 imposed on the Russian Empire the need for radical reforms in all spheres of life. The wave-like periods of cooperation-confrontation between the Russian authorities and the local nobility brought about regional provisions in virtually all the reforms, launched by the peasant reform of 1861. The judicial reform and the emergence of new institutions and practices had to resolve existing problems, disputes, and punish criminals legally. The social estate (stanovy) character of the society was reflected in the establishment and activities of the volost courts, as the lower courts. The district courts were a completely novel phenomenon in the legal culture; their functioning was ensured by professional lawyers on the basis of new judicial statutes.
The purpose of this article is to consider the court practices and functioning of penitentiary establishments in Right-Bank Ukraine (on the example of Volyn province) under implementation of the judicial reform through the prism of social and estate factors, based on the cases of the Zhytomyr District Court and the reports of the heads of local prisons.
The methodology of the research includes the tools of social history and the so-called "new imperial history" that have helped to trace the adaptation of new legal practices to the socio-ethnic peculiarities of Right Bank Ukraine. The methods of history of everyday life and history of reading have been employed to consider the under-researched component of the penitentiary system of the Russian Empire, namely the libraries and their funds. This component should be attributed to the novelty of the suggested research findings.
Conclusions. Estate privileges were maintained in the Russian Empire throughout the "long 19th century". Belonging to a higher social status practically made the Polish nobles equal in the rights with the imperial officials, endowed with power. During court decisions and sentencing, an ethnic criterion was not taken into consideration or had secondary significance. Many years of placing the peasants outside the legal field developed a steady arrogant attitude of the power-holders towards the representatives of this social estate. Though the peasants dominated in the social structure of the Empire population, they remained the most prevalent class. Since the early 20th century, some shifts in perception and attitudes towards peasantry were observed.
17
DE DARDEL, JULIE, and OLA SÖDERSTRÖM. "New Punitiveness on the Move: How the US Prison Model and Penal Policy Arrived in Colombia." Journal of Latin American Studies 50, no. 4 (October 1, 2018): 833–60. http://dx.doi.org/10.1017/s0022216x18000664.
Повний текст джерелаАнотація:
AbstractWithin the neocolonial context of ‘Plan Colombia’ in the early 2000s, agents of the US Federal Bureau of Prisons (BOP) took up position in the heart of the Colombian penitentiary administration to lead a reform based on the United States’ ultra-punitive penal regime. This paper analyses how the reform was set up on the ground, shedding light on the partially divergent expectations of the two governments. Drawing on recent literature on the mobility of policies and built forms, the paper argues that the introduction of US-inspired prisons in Colombia is a striking case where a mobile policy and a travelling architectural type coincided and complemented each other.
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Anishchenko, V. O. "TRAINING TECHNOLOGY POTENTIAL OF IMPROVEMENT OF PENITENTION PERSONNEL QUALIFICATION." Scientific Herald of Sivershchyna. Series: Education. Social and Behavioural Sciences 2022, no. 1 (June 22, 2022): 7–22. http://dx.doi.org/10.32755/sjeducation.2022.01.007.
Повний текст джерелаАнотація:
Today everything is changing very rapidly, requires the formation of modern professional competencies from specialists in all spheres of society, including such an important area as the penitentiary one, which in its turn is responsible for maintaining the appropriate level of public security. Education throughout life plays a key role in the process of formation and improving the professional competence of penitentiary personnel. It is lifelong learning, which includes the system of in-service training, that can meet the needs of professionals in acquiring the best professional skills for the next days. Filling the penitentiary personnel training system with new content is one of the main tasks of the Penitentiary System Reform Strategy for the period up to 2026, as well as the requirement that the professional training of national penitentiary specialists meet international standards of law enforcement and criminal and executive training. This influenced the vector choice of innovation of the professional development process of penitentiary personnel on the basis of the institution of higher education of the specialized direction – the Academy of the State Penitentiary Service. The aim of the study is to reveal the effectiveness of training technology in the process of improving the skills of penitentiary personnel through the prism of critical thinking and creativity in acquiring modern professional competencies by participants in the innovative educational process in the system of “teacher – student”. The methodology is based on modern provisions of pedagogical science – andragogy and law which reflects the relationship of methodological approaches to the study of the acquisition of modern professional skills by penitentiary personnel of the State Criminal and Executive Service of Ukraine (hereinafter SCES of Ukraine). Scientific novelty. The performed researches allowed to reveal the potential and role of training technology in the formation of the latest knowledge, skills and abilities necessary for solving various complex tasks in the professional activity of the SCES personnel of Ukraine in the conditions of advanced training. Conclusions. The results of the research confirmed the author’s opinion on the importance, role and impact of training technology on the level of professional development of the SCES personnel of Ukraine. Conducting training sessions in the form of actual training allows to take into account the principles of such scientific approaches as systematic and practice-oriented, motivate the teacher-trainer to conduct training sessions at a high methodological level, encourage students to take an active part in training sessions and further improve their professional knowledge, skills and abilities throughout life. Conducting training sessions in the form of various trainings promotes the timely renewal of professional competence, professional growth and development of new competencies of the State Criminal and Executive Service personnel of Ukraine and affects the efficiency of their performance of service and professional activities. Key words: competence, professional competence, training, training technology, penitentiary personnel.
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Pobocha, Jerzy. "Penitentiary Reform In Poland, Self-Injurious Behaviours By Inmates Between 2001 And 2014." Sveikatos mokslai 26, no. 1 (March 29, 2016): 105–9. http://dx.doi.org/10.5200/sm-hs.2016.016.
Повний текст джерелаАнотація:
The paper presents the nomenclature, types and statistical data on self-mutilation among prisoners in different countries. The research on self-mutilation among children and youth in some European countries indicate that they most often occur in Belgium, and often carried out by girls. It presents how the problem of self-injury to the eyeballs among prisoners in Poland was resolved in the years 1980-84. It further presents statistical data on the number of prisoners on temporary detention and those convicted in Poland in the years 2001-2014. In Poland, thanks to multi-directional actions, including the introduction of electronic monitoring, increased scope of activities of educators, psychologists, and psychiatric doctors a drop in self-mutilation was recorded, per 100,000 prisoners from 788 in 2001 to 36 in 2014, i.e. by 90%. After 2010, as result of the reform of the prison system, a significant drop was also recorded in deaths due to illness and self-mutilation. The suicide rate among prisoners decreased after 2001, resulting in 20 per 100,000 prisoners in 2012. This is a lower rate than in penitentiary institutions, e.g. in England and Wales. These results were achieved despite the fact that expenditure on penitentiary institutions in Poland are several times lower than equivalent institutions in Europe and the US. The results obtained are the effect of the work of all prison officers, doctors, psychiatrists, psychologists, observance of human rights and humanization of the execution of penalties.
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Higgins, Peter McRorie. "The Scurvy Scandal at Millbank Penitentiary: A Reassessment." Medical History 50, no. 4 (October 1, 2006): 513–34. http://dx.doi.org/10.1017/s0025727300010310.
Повний текст джерелаАнотація:
Historical myths die hard: one such is of a supposed outbreak of scurvy—said by some to be the result of medical insouciance—at Millbank penitentiary in 1823. Thus, Sean McConville in his masterly account of prisons in the reform period writes: “The decision [to reduce the diet] was a major factor in the scurvy epidemic which followed shortly afterwards, causing at least thirty deaths”. Other authors take a similar line: “Fifteen months later, after 30 had died, and after the whole convict population had been evacuated from the prison, Holford was convinced that the disease had been sea-scurvy”; “there was a serious outbreak of scurvy not long after the new diet was adopted”; “In the winter of 1823, the inmates began to succumb to typhus, dysentery, and scurvy. Thirty-one died and four hundred others were incapacitated”; “The scurvy was the prevailing disease, and was seen in over half of the 860 inmates”. Joe Sim in his generally condemnatory evaluation of medical staff working in prisons states: “Millbank was at the centre of a major controversy when an outbreak of scurvy occurred and thirty-one prisoners died. The [Prison Medical Service] was deeply implicated”, and he goes on to associate the physician in charge with “experiments” on the bodies and minds of the confined.
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Yarmysh, Oleksandr N., Olena V. Sokalska, and Volodymyr Ye Kyrychenko. "Genesis of the concept of correctional punishment: From antiquity to modern times." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 162–75. http://dx.doi.org/10.37635/jnalsu.28(3).2021.162-175.
Повний текст джерелаАнотація:
The article examines the genesis of the idea of correctional punishment. The authors analyse the concepts and views on the purpose of punishing Plato, Roman lawyers, European humanists, as well as English prison reformers of the XVIII century. The relevance of this topic for domestic legal science is due to the ongoing transformation of approaches to determining the purpose of punishment, the revision of strategies in the field of punishments in foreign penology and the development of correctional policy, taking into account new goals. The era of correctional punishment, admittedly, was the XIX century. The basis of penitentiary discourse during this period was the belief that with the help of a proper prison regime, segregation, humane treatment and spiritual care, it would certainly be possible to correct convicts. Although the ideas of correctional punishment appear in ancient times and acquire their practical implementation in the medieval Christian tradition of European states, the idea of the primacy of English and American prison reformers in the establishment of penitentiary systems prevails in historiography. An unbiased analysis of knowledge systems and the rejection of the methodology of ideological bias allowed proving that the penitentiary systems of the XIX century only developed the models of prison discipline that began in previous periods. In fact, there was a revival of the ancient paternalistic concept of correctional punishment, supplemented by a religious doctrine that provided for the influence not on the body, but on the soul of the offender to repent, correct and, as a result, return to society. At the end of the XVIII century, the secular authorities adopted these disciplinary models. They will be most widely implemented in correctional and penitentiary houses in England during the prison reform of the 70s and 90s and will later become the basis for the formation of penitentiary systems that will be implemented in practice in most countries of the world during the XIX-early XX centuries
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Yarmysh, Oleksandr N., Olena V. Sokalska, and Volodymyr Ye Kyrychenko. "Genesis of the concept of correctional punishment: From antiquity to modern times." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 162–75. http://dx.doi.org/10.37635/jnalsu.28(3).2021.162-175.
Повний текст джерелаАнотація:
The article examines the genesis of the idea of correctional punishment. The authors analyse the concepts and views on the purpose of punishing Plato, Roman lawyers, European humanists, as well as English prison reformers of the XVIII century. The relevance of this topic for domestic legal science is due to the ongoing transformation of approaches to determining the purpose of punishment, the revision of strategies in the field of punishments in foreign penology and the development of correctional policy, taking into account new goals. The era of correctional punishment, admittedly, was the XIX century. The basis of penitentiary discourse during this period was the belief that with the help of a proper prison regime, segregation, humane treatment and spiritual care, it would certainly be possible to correct convicts. Although the ideas of correctional punishment appear in ancient times and acquire their practical implementation in the medieval Christian tradition of European states, the idea of the primacy of English and American prison reformers in the establishment of penitentiary systems prevails in historiography. An unbiased analysis of knowledge systems and the rejection of the methodology of ideological bias allowed proving that the penitentiary systems of the XIX century only developed the models of prison discipline that began in previous periods. In fact, there was a revival of the ancient paternalistic concept of correctional punishment, supplemented by a religious doctrine that provided for the influence not on the body, but on the soul of the offender to repent, correct and, as a result, return to society. At the end of the XVIII century, the secular authorities adopted these disciplinary models. They will be most widely implemented in correctional and penitentiary houses in England during the prison reform of the 70s and 90s and will later become the basis for the formation of penitentiary systems that will be implemented in practice in most countries of the world during the XIX-early XX centuries
23
Shumna, Larysa. "ENFORCEMENT OF THE LABOR RIGHTS OF CONVICTED (PRISONERS) UNDER THE 2015–2019 PENITENTIARY REFORM." Entrepreneurship, Economy and Law 12 (2019): 197–203. http://dx.doi.org/10.32849/2663-5313/2019.12.37.
Повний текст джерела
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FRAILE, PEDRO. "The emergence of spaces of control in early commercial capitalism: the Casas de Misericordia in sixteenth-century Spain." Urban History 31, no. 3 (December 2004): 307–28. http://dx.doi.org/10.1017/s0963926805002397.
Повний текст джерелаАнотація:
In the late sixteenth century, the Spanish thinkers Miguel Giginta and Cristóbal Pérez de Herrera proposed a model for welfare reform based on the design of institutions in which the organization of space made possible new ways of imposing discipline. In these institutions, known as Casas de Misericordia, the relation between the disposition of space and the possibility to control and influence the will of individuals was studied. This new consideration of space had a profound influence on areas as diverse as urban development and penitentiary systems.
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Marquart, James W., and Ben M. Crouch. "Judicial Reform and Prisoner Control: The Impact of Ruiz v. Estelle on a Texas Penitentiary." Law & Society Review 19, no. 4 (1985): 557. http://dx.doi.org/10.2307/3053421.
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Lyubichankovskiy, Sergey Valentinovich. "1890th prison reform implementation in the Orenburg Governorate." Samara Journal of Science 5, no. 3 (September 1, 2016): 118–22. http://dx.doi.org/10.17816/snv20163211.
Повний текст джерелаАнотація:
This paper is about an implementation process of the 1890 law in the Orenburg province for organization of new regional structures of penitentiary management - provincial prison inspection and prison department of provincial board. Specifics of prison reform implementation in the region, the relation of the governor's power to emergence of new bureaucratic structures, features of interaction between the created governing bodies are considered as well as the place taken by representatives of prison administration in regional bureaucratic community after the reform implementation is determined. The conclusion is drawn that implementation of the 1890 law took place in the Orenburg province with essential regional features. Orenburg provincial inspection has been created later (1894) than in the Russian Empire in general because of prolonged implementation of judicial reform (1864) on the territory of the region. However this inspection became more influential than similar organizations in other regions of the Russian Empire as it has subordinated the prison department of the Orenburg provincial board and accumulated all main competences of the sphere of prison case. The status of the Orenburg provincial prison inspector was almost equal to the status of the vice-governor.
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Klishevich, Nataliia, and Vadym Sulitskyi. "MOTIVATIONAL READINESS OF STUDENTS TO WORK WITH CONVICTED PRISONERS IN UKRAINE." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 1 (May 20, 2020): 424. http://dx.doi.org/10.17770/sie2020vol1.4946.
Повний текст джерелаАнотація:
The ongoing reform of Ukrainian penitentiary service places high demands on the moral and psychological qualities of correctional staff facilities. Particular attention is paid to the issues of motivation and motivational readiness of employees in difficult, special conditions with clients of the correctional system. Therefore, the aim of our study was to establish and analyze how much motivational readiness has been formed among cadets and students to work with prisoners in prison, to identify whether there are patterns that affect the formation of positive or negative motivation in the process of professional training. In our work, we used the following methods: analysis of statistical data of personnel of the State Penitentiary Service of Ukraine, which are in the public domain; questionnaires; interview. We identified four main motives that positively affect the choice of work in a correctional facility: social security; fight against crime; retirement; work with people. At the same time, there are factors that form a negative motivation for employees, namely: working and resting conditions; lack of visible work results; negative impact of the criminal environment and subculture, which contribute to psycho-emotional burnout and professional deformation of the staff of correctional facilities. The results allow revising the curriculum for training of personnel for working with clients of the correctional system; reveals the existing problems of employees of the State Penitentiary Service of Ukraine; have a positive impact on reducing the number of layoffs among staff; helps to draw attention to professional, moral and ethical qualities when accepting candidates for work in correctional facilities.
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Testoni, Ines, Davide Viezzoli, Gianmarco Biancalani, Maria Armezzani, and Adriano Zamperini. "Competent Witnesses: How Penitentiary Workers Explain the Violence in Italian Prisons during the COVID-19 Pandemic." International Journal of Environmental Research and Public Health 19, no. 21 (October 22, 2022): 13717. http://dx.doi.org/10.3390/ijerph192113717.
Повний текст джерелаАнотація:
Background: During the COVID-19 pandemic, in the Italian prison of Santa Maria Capua Vetere (SMCV), prison police repressed a riot with extreme violence, bringing the state of prisons and the conditions of prisoners back to the attention of the Italian public opinion. Objective: This exploratory study aimed to collect the experiences and the competent opinions of the social and health personnel of Italian prisons regarding the episode of violence that happened in SMCV; the general state of health of the Italian prison system was explored, too, together with the collection of proposals for interventions aimed at the eradication of violence in prison. Method: The study employed a qualitative research design. Eighteen social-health workers from 12 Italian prisons were interviewed using in-depth interviews of ~60 min each that were conducted and recorded via Skype video calls. The interview transcripts were analyzed with qualitative reflexive thematic analysis (RTA) to identify the most relevant and recursive themes. Results: Four themes were identified: (1) reactions and thoughts about the events of SMCV; (2) structural problems of Italian prison police; (3) Italian prison system; and (4) reform proposals. Conclusions: A new and deeper awareness of the suffering of the current Italian penitentiary system emerged, together with courageous reform proposals that can restore dignity and centrality to the re-education of the detainees, preventing further future violence.
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Banks, Stephen. "Seminary of Virtue: The Ideology and Practice of Inmate Reform at Eastern State Penitentiary, 1829–1971." Journal of Legal History 33, no. 2 (August 2012): 241–43. http://dx.doi.org/10.1080/01440365.2012.705968.
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Wangi, Yosefin Dika Tyas. "Policy of Development for Juvenile Delinquency in the Perspective of Indonesian Criminal Justice System Reform (Study on Institute for Special Development Children LPKA Kutoarjo, Central Java, Indonesia)." Journal of Indonesian Legal Studies 2, no. 2 (November 27, 2017): 85–100. http://dx.doi.org/10.15294/jils.v2i02.19434.
Повний текст джерелаАнотація:
One of the functions of Penitentiary Institution becomes an institution that basically conducts guidance to socialize the convicts back after the court decision. But in the perspective of society that prisons are a place to punish people and form a negative image in society. The succession of the Children's Penitentiary to become LPKA (Lembaga Pembinaan Khusus Anak) based on Law No.11 of 2012 seeks to change the perception of child counseling in the institution that fostered Delinquency children. But erasing the image in the community is not easy in the short term to understand the community about the function of LPKA. Thus raises the issue of Juvenile Delinquency development policy after the court decision that can be done by LPKA. Therefore, it is necessary to have policies that can be felt by the assisted citizens with special forms of protection for the children one of them is by way of mental, spiritual, and social guidance for the children in the Institute for Special Development of Children (LPKA). This paper discusses two important points, namely: first how is the policy of LPKA Kutoarjo in conducting development of juvenile delinquency, and second, what is the policy that should be towards the development of juvenile delinquency in the future.
31
Molina Jerez, Francisco J. "Estado actual de los beneficios de salida. ¿Una reforma necesaria o un beneficio mal aprovechado?" Revista de Derecho, no. 35 (2018): 27–45. http://dx.doi.org/10.21703/issn0717-0599/2018.n35-02.
Повний текст джерелаАнотація:
Hoy en día, la mayoría de la gente espera que las personas que cometan crímenes sean sentenciadas a prisión y cumplan el castigo en ella. Pero desde casi todos los aspectos (sociológicos, psicológicos, sociales e incluso económicos) es preferible que las personas cumplan penas menos graves que la privación de libertad, ya sea evitando la cárcel o estableciendo mecanismos que permitan a aquellos que ya están en ella obtener una mayor libertad hasta que alcancen o reduzcan el castigo original, siempre que demuestren un cambio en el comportamiento o por razones de humanidad. En Chile, diversos cuerpos legales consagran estos mecanismos que se conocen como benificiones penitenciarios. El objetivo de este estudio es profundizar los permisos, beneficios que otorgan mayores espacios de libertad basados en la reinserción social.
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Fazio, Simona. "The Bourbon monarchy and prison legislation in Sicily: two competing plans for reform (1826–1830)." Modern Italy 19, no. 4 (November 2014): 369–83. http://dx.doi.org/10.1080/13532944.2014.939163.
Повний текст джерелаАнотація:
The nineteenth century was a critical phase in the construction of European penitentiary systems. The eighteenth century had seen the evolution of the concept of punishment and the corresponding development of the practice of imprisonment as central to new ideas about penal sanctions. As a result, between 1830 and 1848 grand plans to reform prison systems were put forward in almost all the larger European countries. The Kingdom of the Two Sicilies played its part in this process: an innovative reform plan was developed here, ahead of the rest of the Italian peninsula, which was fully implemented between 1832 and 1845 but had its origins in an earlier period, being given its initial impetus by modernisation on the legislative front. Sicily was particularly rich in terms of legal experimentation in this area. Here, informed by the most recent developments in contemporary science, plans to reform prison legislation were produced as early as the 1820s; these attest to the interest with which lawyers, philanthropists and government officials approached the issue. The analysis of two plans discovered in theArchivio di Statoin Palermo is especially helpful in demonstrating the existence of a ‘workshop for prison legislation’ that addressed concrete problems while also being the manifestation of a sophisticated legal culture.
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Shumna, L. P., T. Yu Korenkova, and A. M. Sikun. "Social adaptation of persons released from the penitentiary institutions in the conditions of the penetral system reform." Scientific Herald of Sivershchyna. Series: Law 2019, no. 2 (October 10, 2019): 32–43. http://dx.doi.org/10.32755/sjlaw.2019.02.032.
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van Voren, Robert. "Reforming forensic psychiatry and prison mental health in the former Soviet Union." Psychiatric Bulletin 30, no. 4 (April 2006): 124–26. http://dx.doi.org/10.1192/pb.30.4.124.
Повний текст джерелаАнотація:
Over the past 2 years the Global Initiative on Psychiatry has developed a wide range of initiatives in the fields of prison mental health and forensic psychiatry in Eastern Europe and the former Soviet Union. Both areas, until recently, were either ignored or deliberately avoided. This is not coincidental. The prison systems in the former Eastern bloc are in essence military organisations with a strict hierarchy and a rather tarnished past. Although some reform programmes in this field were implemented or started during the past decade (e.g. by Prison Reform International and the London Institute for Prison Studies), none of these projects has involved mental health services within the penitentiary system. A society that often limits itself to locking away those who have committed crimes or are suspected of having committed them, and pays only little attention to the physical and emotional well-being of those imprisoned, does not see the mental health of these persons as a priority. Equally unimportant seems to be the mental health of those who guard the prisoners and who are under constant stress.
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Coates, Timothy J. "TheDepósito de Degredadosin Luanda, Angola: Binding and Building the Portuguese Empire with Convict Labour, 1880s to 1932." International Review of Social History 63, S26 (June 11, 2018): 151–67. http://dx.doi.org/10.1017/s0020859018000263.
Повний текст джерелаАнотація:
AbstractAfter ignoring its holdings in Africa for the first half of the nineteenth century, the European scramble for colonies in the 1880s forced the Portuguese state to adopt a new policy to cement its tenuous hold on its two largest African colonies: Angola and Mozambique. This challenge occurred just as the penal reform movement of the nineteenth century was arriving in Portugal, with a new penitentiary in Lisbon and new legal codes aimed at reforming convicts through their labour. This article examines the rationale and impact of theDepósito de Degredados(Depot for Transported Convicts) in Luanda, Angola, the larger of the two prisons established to supervise the work of convicts sent from Portugal and Portugal’s Atlantic colonies of Cape Verde, Portuguese Guinea, and São Tomé.
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Самович, Юлия Владимировна, and Екатерина Юрьевна Марухно. "Updated European Prison Rules as the next step in the process of raising standards for the treatment of prisoners." Vestnik Kuzbasskogo instituta, no. 2(47) (June 25, 2021): 154–63. http://dx.doi.org/10.53993/2078-3914/2021/2(47)/154-163.
Повний текст джерелаАнотація:
В статье анализируется Рекомендация Комитета министров Совета Европы, благодаря которой произошли существенные обновления Европейских пенитенциарных правил 2006 г. Подверглись дополнению основные европейские правовые стандарты и принципы, регламентирующие вопросы управления пенитенциарными учреждениями, служебных обязанностей сотрудников, а также порядка обращения с заключенными. Особое внимание обращается на проблему длительного одиночного заключения. Отмечается, что реформа одиночного заключения проводится во многих юрисдикциях по всему миру, изоляция по-прежнему широко используется в тюрьмах. Автор сосредотачивает внимание на влияние одиночного заключения на осужденного, который без значимого человеческого контакта неизбежно подвергается процессу депривации. Цель исследования - привлечение внимания к проблеме злоупотреблений в данной области в связи с COVID-19 и необходимостью разработки во внутреннем законодательстве многоуровнего подхода, обеспечивающего кратчайшие сроки изоляции, необходимых для достижения законных и немедленно коррекционных целей, заложенных смыслом Европейских пенитенциарных правил 2020 г. В статье делается обзор ключевых изменений пенитенциарных правил, представляющих собой ряд проблем в процессе их толкования, поскольку немаловажное значение имеет правоприменительная практика международных норм, носящих, в том числе, рекомендательный характер. The article analyzes the Recommendation of the Committee of Ministers of the Council of Europe, which resulted in significant updates to the European Penitentiary Rules of 2006. The main European legal standards and principles governing the management of penitentiary institutions, the official duties of employees, as well as the treatment of prisoners were supplemented. Special attention is paid to the problem of long-term solitary confinement. The article notes that the reform of solitary confinement is being implemented in many jurisdictions around the world. Prisoner isolation is still widely used in prisons. The author focuses on the impact of solitary confinement on the convict, who, without meaningful human contact, is inevitably subjected to the process of deprivation. The aim of the study is to draw attention to the problem of abuse in this area in connection with COVID-19 and the need to develop a multi-level approach in domestic legislation, ensuring the shortest possible time of isolation, necessary to achieve the legitimate and immediately remedial goals laid down in the meaning of the European Penitentiary Rules of 2020. The article provides an overview of the key changes in the penitentiary rules, which present a number of problems in the process of their interpretation, since the law enforcement practice of international norms, including those of a recommendatory nature, is of no small importance.
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Унтеров, Владимир Анатольевич. "COMMISION OF CRIMES AGAINST LIFE AND HEALTH BY PRISONERS IN PENAL INSTITUTIONS." Vestnik Samarskogo iuridicheskogo instituta, no. 5(46) (December 24, 2021): 76–81. http://dx.doi.org/10.37523/sui.2021.46.5.013.
Повний текст джерелаАнотація:
В статье рассматриваются вопросы предупреждения преступлений против жизни и здоровья, совершаемых осужденными в исправительных учреждениях. Пенитенциарные преступления против жизни и здоровья составляют 20 % от всех совершаемых в исправительных учреждениях преступлений. Противодействие преступлениям в пенитенциарных учреждениях нашей страны в настоящее время осуществляется не на должном уровне, что обусловлено происходящими изменениями в социально-политической и экономической жизни страны, подверженной экономическим санкциям со стороны ряда мировых держав, отдельными недостатками реализации реформы уголовно-исполнительного законодательства и УИС в целом. В работе отмечается, что предупреждение преступлений против жизни и здоровья в пенитенциарных учреждениях должно осуществляться как на общем уровне (общая профилактика, охватывающая неограниченное число объектов профилактики), так и на индивидуальном уровне (индивидуальная профилактика, ориентированная на конкретное лицо или криминогенную ситуацию) с использованием методов дифференциации и индивидуализации профилактического воздействия. Объектами профилактического воздействия являются детерминанты преступности, личность преступника и микросреда, в которой он находится. Общесоциальное направление предупреждения пенитенциарной преступности отличается разнообразием мер воздействия на общественные отношения и включает в себя меры социального характера, экономические меры, меры культурно-воспитательного характера, организационно-управленческого характера. The article deals with the issues of preventing crimes against life and health committed by convicts in correctional institutions. Penitentiary crimes against life and health account for 20 % of all crimes committed in correctional institutions. Counteraction to crimes in penitentiary institutions of our country is currently not carried out at the proper level, which is due to the ongoing changes in the socio-political and economic life of the country, subject to economic sanctions from a number of world powers, certain shortcomings in the implementation of the reform of the penal legislation and the penal system as a whole. The work notes that the prevention of crimes against life and health in penitentiary institutions should be carried out both at the general level (general prevention, covering an unlimited number of prevention objects) and at the individual level (individual prevention, focused on a specific person or crime situation) using methods of differentiation and individualization of preventive action. The objects of preventive action are the determinants of crime, the personality of the offender and the microenvironment in which he finds himself. The general social direction of the prevention of penitentiary crime is distinguished by a variety of measures of influence on public relations and includes measures of a social nature, economic measures, measures of a cultural and educational nature, organizational and managerial nature.
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Azhibaev, Marat. "Reformation issues of the Penal system in the Republic of Kazakhstan." International penitentiary journal 2, no. 3 (December 30, 2020): 168–75. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.168-175.
Повний текст джерелаАнотація:
The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.
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Brunevych, V. M., P. H. Kovalska, and A. A. Kemeniash. "INTERNATIONAL STANDARDS IN THE FIELD OF PUNISHMENTS EXECUTING: PROBLEMS OF IMPLEMENTATION IN UKRAINE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 53–65. http://dx.doi.org/10.32755/sjcriminal.2022.01.053.
Повний текст джерелаАнотація:
The system and essence of main international acts in the field of punishments executing, their relationship with national law are analyzed in the article. The problems of implementation in national law and their further using in practice are outlined. It is determined that international cooperation finds legal expression in the recommendatory provisions of international acts, which should not be ignored, although the implementation of such provisions in each state is due to its special socio-economic, political, national, geographical and other conditions. It is determined that the significance of international standards of criminal enforcement is quite multifaceted. In political terms, the emergence of specific documents, norms, recommendations and principles is the result of political activity and interaction of subjects of international law. Being once adopted, they identify with varying degrees of categoricalness and obligatoriness important areas of state domestic criminal and criminal-executive policy. The introduced innovations of the Ukrainian legislation are a direct reflection of the norms, principles and recommendations of international norms of law, which are increasingly included in the practice of institutions and bodies of the domestic penitentiary system. However, it is not just a matter of formally bringing national norms and rules in line with European human rights standards, but their implementation. This means respect for these rights and freedoms, their proper protection and defense, which, in particular, requires further reform of domestic penitentiary system and organizational and legal support for the activities of its bodies and institutions using modern international experience. The practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, involves the improvement of such areas as health care, education, socialization and more. The implementation of this will help bring the conditions of imprisonment in Ukraine closer to the relevant international standards of convicts’ treatment, improve the observance of the rights of persons deprived of their liberty, as well as strengthen guarantees of their implementation. Key words: punishments executing, penal institution, convict, international standards, national legislation, implementation.
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Beattie, Peter M., Ricardo Salvatore, and Carlos Aguirre. "The Birth of the Penitentiary in Latin America: Essays on Criminology, Prison Reform, and Social Control, 1830-1940." Hispanic American Historical Review 78, no. 1 (February 1998): 164. http://dx.doi.org/10.2307/2517417.
Повний текст джерела
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Beattie, Peter M. "The Birth of the Penitentiary in Latin America: Essays on Criminology, Prison Reform, and Social Control, 1830-1940." Hispanic American Historical Review 78, no. 1 (February 1, 1998): 164–65. http://dx.doi.org/10.1215/00182168-78.1.164.
Повний текст джерела
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Veljanovska, Svetlana. "Probation Service as Part of Penitentiary System in the Republic of Macedonia / Služba Probacije Као Deo Kazneno-Popravnog Sistema U Republici Makedoniji". Singidunum Journal of Applied Sciences 10, № 2 (1 жовтня 2013): 19–23. http://dx.doi.org/10.2478/sjas10-4714.
Повний текст джерелаАнотація:
Abstract The reform of the system of execution of sanctions is anticipated in the part of the reform of the criminal justice system of the Republic of Macedonia. The functional system for implementing sanctions in modern criminal justice systems implies a complex approach in which besides the dimension of punishment, the dimensions of social reintegration and victim protection play an important role. In such a context, the so-called probation system, has been established. Event though such system has not been established in the Republic of Macedonia up to now, its elements are contained in the existing legal framework in the material and procedural provisions. Some solutions of the previous system can be used with the aim to establish continuity on institutional and operational level.The starting point for the establishment of probation begins with amendments to the Criminal Code of 2004, where in the part that refers to criminal sanctions, the following alternative measures were imposed: probation, suspended sentence with supervision, conditional discontinuation of criminal proceedings, community service, court sanctions and house arrest. The probation is primarily directed towards designing and developing the system of regular individualized assessment of perpetrators, assessing the risk of re-offending, identifying objective and subjective reasons for previous criminal activity and enabling people who already served their prison sentence to have an active and meaningful involvement in the community.
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Стрелюк, Я. В. "STATE OF SCIENTIFIC RESEARCH ON THE PREVENTION OF CRIMINAL OFFENSES IN CRIMINAL-EXECUTIVE INSTITUTIONS IN UKRAINE." Juridical science, no. 3(105) (March 30, 2020): 71–78. http://dx.doi.org/10.32844/2222-5374-2020-105-3.09.
Повний текст джерелаАнотація:
The article reveals the state of scientific research of the criminal offense’s prevention in criminal-executive institutions in Ukraine. It has been proved that, in essence, such offences are committed by both convicts and staff of these institutions. Their actions or activities encroach on undermining the authority of justice and the activities of criminal-executive institutions of the State Penitentiary Service of Ukraine. Since isolation from society often contributes to personal degradation and the loss of socially useful ties, we found in the process of research that the criminal offense was committed by the convict while serving his sentence not only with his personal guilt, but also with the guilt of the staff of the prison facilities of the SCES of Ukraine. Moreover, each criminal offence committed in these institutions differs according to the criteria, which gives a classification of penitentiary crime. In the process of studying the state of the problem criminal offenses preventing in criminal-executive institutions, we established that in domestic criminological science there is not enough scientific and practical definition of the concept of "criminal crime". Pluralism, we observe confirms our hypothesis about the fidelity of choosing the topic of study. Further changes in state policy in the field of sentences execution and probation of the Ministry of Justice of Ukraine contributed to the creation of scientific works of a monographic nature and a number of dissertations, and significantly help to carry out modern reform of the penitentiary system of Ukraine. We conducted a thorough analysis of the domestic scientific works in the field of criminal offenses preventing in criminal-executive institutions, showed the undisputed contribution of each scientist, creating fundamental prerequisites for further scientific research in the defined field. It should be noted that the analysis of the current state of domestic scientific research on the criminal offenses prevention in criminal-executive institutions provided an opportunity to highlight the main areas of further study of this issue: criminal legal analysis of criminal offenses in those institutions; the criminological basis for these offences preventing; identification of subjects for the prevention of criminal offences in criminal-executive institutions; substantiation of the appropriateness of the prosecutor's office as a subject for the prevention of criminal offenses in these institutions.
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Godoy Ormazábal, Alejandra Andrea. "Ley Nº 20.603 Sobre penas sustitutivas y mixtas: revisión crítica de la historia de la ley y del acuerdo político legislativo que le dio origen." Derecho y Justicia, no. 6 (August 9, 2018): 29. http://dx.doi.org/10.29344/07196377.6.1406.
Повний текст джерелаАнотація:
ResumenEl sistema chileno de ejecución de penas contempla penas sustitutivas destinadas a benefciar a quienes se encuentren privados de libertad, a efectos de contribuir a su reinserción social. La ley 20.603 vino a reformar el régimen general con el objetivo de disminuir el nivel de hacinamiento, en particular después de la traumática experiencia sufrida en el incendio de la Cárcel de San Miguel en diciembre de 2010. El artículo reconstruye el debate legislativo a efectos de comprender las diferentes posturas manifestadas en él, al mismo tiempo que se presentan y explican las fuentes comparadas que inspiraron la reforma. La evaluación de la misma por la opinión pública y ciudadana emerge como una preocupación latente que pondrá a prueba la efcacia del sistema.Palabras clave: funciones de la pena, medidas alternativas, reinserción social, sistema penitenciario.ResumoO sistema chileno de execução de penas contempla medidas alternativas destinadas a benefciar aqueles que se encontram privados de sua liberdade, a fm de contribuir na sua reinserção social. A Lei 20.603 veio para reformar o regime geral, a fim de reduzir o nível de superlotação, especialmente após a experiência traumática sofrida no incêndio na prisão de San Miguel, em Dezembro de 2010, sem deixar de outorgar proteçãopara as vítimas. O artigo reconstrói o debate legislativo, a fim de compreender as diferentes posições expressas no mesmo, ao mesmo tempo em que se apresentam e explicam as fontes comparadas que inspiraram a reforma. A avaliação da mesma pela opinião pública e cidadã, emerge como uma preocupação latente que vai colocar a prova a efcácia do sistema.Palavras-chave: funções da pena, medidas alternativas, reinserção social, sistema penitenciário. AbstractThe Chilean system of penalties execution contemplates alternative measures intended to beneft those deprived of their liberty, in order to contribute to their social reintegration. Law 20.603 came to reform the general regime in order to reduce the level of overcrowding, particularly after the traumatic experience of the San Miguel’s Prison fre in December of 2010, maintaining the protection granted to the victims. This paper reconstructs the legislative debate in order to understand the different positions expressed in it, while presenting and explaining the comparativesources that inspired the reform. The evaluation of the reform by public and citizen opinion emerges as a latent concern that will test the effciency of the system.Keywords: functions of penalties, alternative measures, social reintegration, penitentiary system
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Peterson, Scot M. "Beerheide v Suthers: A Case Study Concerning Religion in Prisons in the USA." Ecclesiastical Law Journal 8, no. 36 (January 2005): 67–73. http://dx.doi.org/10.1017/s0956618x00006013.
Повний текст джерелаАнотація:
The penitentiary in the United States of America originated as a religious institution. Its roots lie in the belief that inmates could reform if they were given an opportunity to engage in reflection, prayer, Bible-reading and work, thus establishing a new personal foundation for functioning as productive members of the larger society. Not surprisingly, given American's predilection for maintaining a secular civil society, this original foundation for the prison eventually fell from favour, and American penological theories became more sociological or psychological in nature. The fact remains, however, that society in the United States is broadly religious, and prisons continue to address the religious beliefs of inmates and how to accommodate those beliefs in a penological setting. This comment provides a case study on this topic, based on littigation concerning the provision of kosher food to Orthodox inmates in the prisons in Colorado.
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Голубев, Алексей Геннадьевич. "PENITENTIARY IDEAS AND their FOUNDATIONS IN the SCIENTIFIC WORK Of V. E. EMINOV (2005-2008)." Vestnik Samarskogo iuridicheskogo instituta, no. 4(40) (December 14, 2020): 28–32. http://dx.doi.org/10.37523/sui.2020.40.4.004.
Повний текст джерелаАнотація:
В статье изучаются научные идеи, изложенные доктором юридических наук, профессором В. Е. Эминовым в его научной и учебной литературе, в том числе в работах, написанных им совместно с другими авторами, в период с 2005 по 2008 г. Рассматривается исследование ученым института декриминализации тех или иных деяний, вопросов организации мониторинга применения статей Особенной части УК РФ. Важное место в научной работе В. Е. Эминова в этот период занимает криминологическая классификация и характеристика преступлений, а также создание концепции борьбы с организованной преступностью, что также рассмотрено в данной статье. Таким образом, в изучаемый период в научном творчестве В. Е. Эминова преобладают криминологические исследования, но их цель - способствовать дальнейшей систематизации и гуманизации системы наказаний, а их содержание - изучение и последующее реформирование законодательной основы исполнения наказаний. Исследуя научную работу об указанной выше концепции, автор статьи прослеживает взаимосвязь научных исследований в области криминологии, уголовного и уголовно-исполнительного права. В статье автор не только приводит цитаты из работ исследуемого ученого, но и комментирует их. В процессе комментирования описаний и выводов, сделанных В. Е. Эминовым и его соавторами, описываемые явления и процессы не только поясняются, но и актуализируются, в том числе путем приведения примеров обсуждения проектов реформ правоохранительных органов. Тем самым обращено внимание на необходимость воплощения некоторых высказанных ученым идей. При написании статьи применен преимущественно метод исторического и логического анализа. The article examines the scientific ideas presented by doctor of law, Professor V. E. Eminov in his scientific and educational literature, including works written by him together with other authors, in the period from 2005 to 2008. The study by scientists of the institute of decriminalization of certain acts, the organization of monitoring the application of articles of the Special Part of the Criminal Code of the Russian Federation is considered. An important place in the scientific work of V. E. Eminov during this period is occupied with criminological classification and characteristics of crimes, as well as the creation of the concept of combating organized crime, which is also discussed in this article. Thus, during the period under study in the scientific work of V. E. Eminov is dominated by criminological studies, but their goal is to promote further systematization and humanization of the punishment system, and their content is the study and subsequent reform of the legislative framework for the execution of punishments. Studying the scientific work on the above concept, the author of the article traces the relationship of scientific research in the field of criminology, criminal and penal law. In the article, the author not only quotes from the works of the researched scientist, but also comments on them. In the process of commenting on the descriptions and conclusions made by V. E. Eminov and his co-authors, the described phenomena and processes are not only explained, but also updated, including by giving examples of discussing projects of reforms of low enforcement agencies. Thus, attention is drawn to the need to implement some of the ideas expressed by the scientist. In the article the method of historical and logical analysis is mainly used.
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Sokalska, O. "The transformation of carceral practices in Pennsylvania: from William Penn's Great Law to the Penitentiary House at Walnut Street Prison." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 45–54. http://dx.doi.org/10.24144/2307-3322.2022.74.7.
Повний текст джерелаАнотація:
The article analyzes the transformation of carceral practices in Pennsylvania (1682–1790) in the context of changes in criminal laws: from the formal consolidation in the Code of Laws of 1682 of reformatories with hard labor to the organization in Philadelphia in 1790 of the first penitentiary house with a regime of solitary confinement.
It is defined that before the states gained independence, correctional houses, if they functioned in some cities, then as institutions of forced labor and the purpose of correction was not before them. The Revolutionary War for Independence had a decisive impact on the reform of the penal system, which resulted in the adoption of the state constitution, which contained a prescription to revise the penal system. The Criminal Law of 1786 established the main punishment for serious crimes as imprisonment combined with hard labour, but the regime of imprisonment did not change in any way, and public hard labour was recognized as ineffective.
It is established that the main actors in the further search for a model of serving a sentence of imprisonment in Pennsylvania were members of the Philadelphia Society for Alleviating the Miseries of Public Prisons. The main steps of the reformers in 1788-1790 were aimed at introducing legislative changes in the field of execution of punishments with an emphasis on solitary confinement based on the practical experience of reformatories in England and prison theory. As a result of the Society's initiatives, in 1790, An Act to reform the penal laws of the state was adopted, in which the main elements of the sentencing regime were hard labor and unremitted solitude in order to correct criminals and prevent new crimes. For this purpose, it was prescribed to build a separate building with single cells in the yard of Walnut Street Prison for the detention of dangerous criminals. The law established a mechanism for control and supervision of the prison, as well as regulated the regime principles of serving the sentence, which were largely borrowed from the experience of English workhouses.
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Vostroknutov, Mikhail E. "The structure of comorbidities in cases of fatal outcomes in HIV-infected patients held at reform facilities of the Federal Penitentiary Service of Russia." Consilium Medicum 23, no. 3 (2021): 280–84. http://dx.doi.org/10.26442/20751753.2021.3.200718.
Повний текст джерелаАнотація:
Aim. To study the structure of comorbidities in HIV-infected patients who died in institutions of the penal system. Materials and methods. The material of the study was the data of a retrospective analysis of 515 clinical cases with fatal outcomes from diseases in the institutions of the Federal Penitentiary Service of Russia in the Udmurt Republic from 2004 to October 2020. The study group (group I) consisted of 91 patients from among the persons infected with HIV, the control group (group II) – patients with HIV-negative status (424 patients). Statistical processing of the material was carried out using the methods of variation statistics. Significance was assessed using the Pearson Chi-square test (χ2), Student's t test. During the study, the structure of concomitant diseases in cases of lethal outcomes was studied in dynamics. For the statistical processing of indicators and the implementation of a medium-term forecast (for three periods (years) ahead) of the values of the studied epidemiological indicators, the determination coefficient R2 was used. Results. As part of the in-depth analysis of mortality, it was proved that HIV-infected patients, unlike those with HIV-negative status, significantly more often suffer from diseases of the circulatory system (I00–I99), which were diagnosed on average in 47.1% of cases (χ2=11.557, p<0.001), diseases of the digestive system (K00–K93) diagnosed on average in more than half (58.3%) of clinical cases (χ2=12.829, p<0.001), diseases of the nervous system (G00–G99) diagnosed on average in 73.4% (χ2=74.151, p<0.001), as well as diseases of the urinary system (N00–N99), diagnosed on average in 20.8% of patients (χ2=7.993, p=0.005). With the implementation of the mid-term forecast, an increase in the structure of concomitant pathologies of diseases of the circulatory system (R2=0.4023) and diseases of the digestive system (R2=0.4807) is expected. The share of diseases of the nervous system will remain stably high (R2=0.3242). Conclusion. HIV-infected patients in penitentiary institutions are characterized by polymorbid conditions, which require timely diagnosis and therapy in order to reduce the risk of poor outcomes and disability.
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Petryakova, Antonina V. "Institution of Investigating Judges: Genesis and Transformation of the Legal Model." Ugolovnaya yustitsiya, no. 18 (2022): 58–64. http://dx.doi.org/10.17223/23088451/18/10.
Повний текст джерелаАнотація:
The judicial reform in Russia goes on and many provisions of the Concept of Judicial Reform of 1991 have been implemented. However, the institutions of investigating and penitentiary judges, provided by the Concept as a specialization of justices of the peace, have not yet been introduced. Academic and public discussion about the institution of investigative judges has intensified since 2014. Nowadays, there are several procedural models of this legal institution. However, the legal status of the investigating judge appears to be insufficiently developed. Using comparative and formal legal methods of research, the author examines the legal experience of postSoviet states that declare the formation of the institution of investigating judges in their judicial system to conclude that an investigating judge in many states has become a participant in criminal proceedings, but the institution of investigative judges has not been segregated into a separate judicial body, so the legal status of the investigating judge has not formed. In this regard, the author examines the institution of investigative judges of the Republic of Kazakhstan, in which it has undergone a significant transformation: from an investigating judge as a procedural figure to separate specialized investigative courts. Having studied the experience and recommendations of international expert organizations, the Republic of Kazakhstan is developing the idea of the institution of investigating judges in some possible perspective directions: finalization of the legal status of a judge of a specialized investigative court, harmonization of judicial and procedural legislation. Projecting the Kazakh model of a specialized investigative court onto the Russian judicial system, it is proposed to introduce specialized investigative courts in the Russian Federation with functionality that predominantly involves the exercise of judicial control functions. At the same time, the author notes that judicial control takes place both at the pre-trial stages of criminal proceedings and at the stage of execution of the judicial verdict. In this regard, it seems expedient to further build up the competence of a specialized investigative court and, on its basis, create a specialized investigative and penitentiary court, which in the future can become the basis for the formation of a national human rights court, the creation of which was proposed at a meeting of President of the Russian Federation V.V. Putin with members of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, held in December 2020.
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Shkarevsky, D. N. "The Features of the Formation of the Camp Justice of the USSR (1944–1959)." Modern History of Russia 12, no. 3 (2022): 687–97. http://dx.doi.org/10.21638/11701/spbu24.2022.310.
Повний текст джерелаАнотація:
In modern historiography, much less attention has been paid to problems of the development of bodies of the camp (penitentiary) justice, than to activities of places of detention. Meanwhile, camp courts belonged to bodies of special justice along with military tribunals and were an important element of the state mechanism. This research identifies the main stages of the formation of the camp justice bodies and determines the features of their functioning. The article defines the structure and number of camp ships, as well as elements of mechanism of their organization. For the first time, the main stages in the development of bodies of camp justice are highlighted: 1944–1948 (the formation of this system), 1949–1952 (relatively stable existence), and 1953– 1959 (period of sharp reduction and elimination). Plans to reform the system of camp courts are discussed. The initiator of the creation of the system of camp courts was the leadership of the USSR Ministry of Internal Affairs. Among the organizational features of the functioning of these bodies, the asymmetric nature of the system of the bodies of the camp justice is named for the first time. Along with the camp (penitentiary) courts, military tribunals of the NKVD/MVD troops continued to operate, and special camp courts with wider jurisdiction operated in the structure of special buildings, which considered not only criminal, but also civil cases. The peculiarities of the functioning of these bodies include: a weak material and technical base, the struggle of clans in the leadership of justice, a high level of conflict in the system of camp justice, and the minor role of lawyers in the process and their dependence on the camp administration and the court.