Open Access Free Library
CRIMINAL JUSTICE.jpeg

CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Study to Assess Corporal Punishment among Working Children

Gehad Mohamed Abo El Matty Shahbo, 2Bindu Bharathi

Child abuse and neglect refers to “ any physical or mental injury, sexual abuse or exploitation, neglect or maltreatment of a child by a person who is responsible for child’s welfare, under circumstances which indicate the child’s health or welfare is harmed or threatened”(1). Physical abuse is inflicting a non-accidental physical injury upon a child. This may include burning, hitting, punching, shaking, kicking, beating, or otherwise harming a child (2). Child labor has received much international attention in recent years, as a form of child abuse that needs urgently to be brought to an end. It is perceived to hinder the rightful development of children, and particularly their education

Read-Me.Org
Specifying Kidnapping for Ransom Epidemics at the Global Level: A Matched-Case Control Design

Stephen F. Pires, Rob T. Guerette & Auzeen Shariati

Criminal groups around the world frequently rely on kidnapping for ransom (K&R) to fund and further their cause. Some case studies suggest war torn, fragile, and corrupt countries experience K&R epidemics more often. While such factors may be present in some countries experiencing K&R epidemics, it remains to be seen if these failed state factors are generalizable to all nations. To date, no research has systematically examined the conditions that might facilitate K&R epidemics. This study used a case-control design comparing countries with high rates of K&R (experimental) to countries without a K&R problem (control). Findings suggest that problem K&R countries were less secure, less peaceful, and unevenly developed in relation to social and economic indicators. Better understanding of the conditions involving K&R problems offers to improve foresight and the development of effective policy responses.

Routeledge

Read-Me.Org
Strategy-Proof Allocations with Punishment

Lining Han and Ruben Juarez

A mechanism chooses an allocation of the resource to agents based on their reported type. We discover and describe the set of incentive compatible mechanisms when a monetary punishment to agents who misreport type is possible. This class depends on the punishment function and the probability of punishment. It expands previous char- acterizations of incentive compatible mechanisms when punishment was no available. Furthermore, when the planner has the ability to select the punishment, the minimal punishment necessary to achieve incentive compatibility and the corresponding class of first-best is provided. For any punishment, optimal mechanism for the planner are introduced.

Economics and Management School, Wuhan University 2Department of Economics, University of Hawaii

Read-Me.Org
Spatial displacement and diffusion of benefits among geographically policing initiatives

Kate Bowers, Shane Johnson, Rob T. Guerette, Lucia Summers and Suzanne Poynton

One of the most common criticisms of spatially focused policing efforts (such as Problem- Oriented Policing, police ‗crackdowns‘ or hotspots policing) is that crime will simply relocate to other times and places since the ―root causes‖ of crime were not addressed. This phenomenon— called crime displacement—has important implications for many policing projects. By far, spatial displacement (movement of crime from a treatment area to an area nearby) is the form most commonly recognized. At the extreme, widespread displacement stands to undermine the effects of geographically focused policing actions. More often, however, research suggests that crime displacement is rarely total. On the other end of the displacement continuum is the phenomenon of ‗diffusion of crime control benefits‘ (a term coined by Ron Clarke and David Weisburd in 1994). Diffusion occurs when reductions of crime (or other improvements) are achieved in areas that are close to crime prevention interventions, even though those areas were not actually targeted by the intervention itself.

Read-Me.Org
SKEPTICISM ABOUT CORPORATE PUNISHMENT REVISITED

Alex Sarch

Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be punished. Second, the reductionist challenge insists that corporate culpability always reduces to individual culpability. I suggest that progress can be made in addressing these challenges by asking the right law-focused questions and attending to recent developments in criminal law theory and moral philosophy.

Read-Me.Org
Silva ad pasturam porcorum : lesné pasenie svíň na kráľovských a cirkevných majetkoch v ranostredovekej Európe

Pavol Hudáček

Slovak Academy of Sciences

Read-Me.Org
Shaping Nordic punishment Penal exceptionalism and the correctional revolution at Ringe Prison in the 1970s

Peter Fransen and Peter Scharff Smith

Introduction In 1974 the planning of a new Danish high-security prison outside of Ringe, on the island Funen, was well underway and the construction committee pulling the strings authored an internal note on the process and the future plans. Under the heading ‘Basic principles’ the committee declared that the coming prison ‘should be run with the greatest possible co-influence from officers as well as prisoners’.1 In this spirit the already appointed governor, Erik Andersen, planned to use his prison staff in a novel manner in order to create a new kind of relational work between officers and prisoners. To achieve this Andersen chose, and was granted the authority to proceed with, a radical approach in the sense that he wanted to staff his prison primarily with officers who had no previous experience working in prisons (Andersen, 1977, p. 125.). A clear and conscious attempt to break with the path dependency (as coined by Douglas North) of an otherwise very historically rooted Danish prison estate (Smith, 2003).

Read-Me.Org
Shame, Guilt, and Punishment

RAFFAELE RODOGNO

ABSTRACT. The emotions of shame and guilt have recently appeared in debates concerning legal punishment, in particular in the context of so called shaming and guilting penalties. The bulk of the discussion, however, has focussed on the justification of such penalties. The focus of this article is broader than that. My aim is to offer an analysis of the concept of legal punishment that sheds light on the possible connections between punishing practices such as shaming and guilting penalties, on the one hand, and emotions such as guilt, shame, and perhaps humiliation, on the other. I contend that this analysis enhances our understanding of the various theories of punishment that populate this part of criminal law theory and thereby sharpens the critical tools needed to assess them. My general con- clusion is that, in different ways, all of the theories we encounter in this area can benefit from paying renewed attention to the nature of the connection between the state s act of punishing and its expected or perceived emotional effect on the individual.

Read-Me.Org
Punishment

Clive R Hollin

If punishment is a likely consequence of crime, it follows that the population at large should be deterred from committing crimes in order to avoid being punished. The effectiveness of this proposition is arguably reflected in national crime rates: If punishment is seen to be done, then the crime rate should remain reasonably con- stant. However, the rate at which crimes are committed are subject to many diverse influences, such as levels of employment and demographic fluctuations; so that in the main, the national crime rate is a blunt measure of criminal justice practice. The general deterrent hypothesis has been tested using the special case of the death penalty. A pre–post effect can be calculated for countries that abolish the death penalty or, as with New Zealand, where over a period of years the death penalty is abolished, brought back, and then finally abol- ished. The complexities of the analyses, necessarily spanning long periods of time, have produced conflicting findings regarding the presence and size of any deterrent effect of capital punishment.

Read-Me.Org
Punishment and Discrimination

Kasper Lippert-Rasmussen

All kinds of punishment can be discriminatory, but for capital punishment the charge of discrimination has played a central role in arguments for its abolishment. David Baldus concluded in a study that ‘the odds of a death sentence for those who kill whites in Georgia are 4.3 times higher than the odds of a death sentence for those who kill blacks’.1 In 1987 this work was used to challenge the execution of death row prisoner, Warren McClesky, in the Supreme Court on the grounds of an ‘unfair racial bias in the administration of the death penalty in Georgia’.2 The Supreme Court dismissed the argument, but the debate about how discrimination bears on the justifiability of punishment has continued. In 1997 the American Bar Association called for a moratorium on the death penalty partly because of ‘the continuing problem of racial bias in the administration’ of it.3

Read-Me.Org
Effective crime prevention interventions for implementation by local government

Anthony Morgan Hayley Boxall Kym Lindeman Jessica Anderson

As a research organisation, the Australian Institute of Criminology (AIC) is often confronted by the challenge of how best to facilitate the transfer of research findings into effective crime prevention policies and programs. While recognition of the importance of evidence-based crime prevention continues to grow, along with the number of quality evaluations that have been conducted, simply producing and disseminating research findings is not enough to ensure that the accumulated evidence base is used to inform decision making. Instead, it is necessary to look at ways through which those working on the ground can be encouraged to make better use of the available evidence.

Read-Me.Org
Risky Facilities: Crime Concentration in Homogeneous Sets of Establishments and Facilities

By John E. Eck University of Cincinnati Ronald V. Clarke Rutgers University and Rob T. Guerette Florida International University

The fact that crime is heavily concentrated on particular people, places and things has important implications for prevention. It suggests that focusing resources where crime is concentrated will yield the greatest preventive benefits. Researchers have therefore begun to develop concepts intended to guide prevention that capture different aspects of this concen- tration. These include “repeat offenders” – who commit a disproportionate amount of total recorded crime (Spelman, 1994); “hot spots” – places with high rates of crime (Sherman et al., 1989; Weisburd et al., 1992); “crime generators” – places that are high in crime because they are exceptionally busy (Brantingham and Brantingham, 1995); crime attractors” – places that contain many suitable crime targets without adequate protection (Brantingham and Brantingham, 1995); “repeat victims” – who suffer a series of crimes in a relatively short period of time (Farrell and Pease, 1993); and “hot products” – wh

Read-Me.Org
Risk and punishment: The recent history and uncertain future of actuarial, algorithmic, and evidence based penal techniques

Robert Werth

In recent decades, risk prediction has proliferated in the penal realm. Risk instruments currently guide an array of correctional decisions—such as participation in diversion programs, the provision of correctional services, and probation and parole supervision levels—and are being increasingly utilized or considered in pretrial detention and criminal sentencing. This article reviews empirical and theoretical accounts of the proliferation and effects of risk in the penal realm and also reflects on ongoing debates about the promises and perils of risk. Risk techniques have impacted the practices, discourses, and logics of punish- ment.

Read-Me.Org
REWARD DAN PUNISHMENT

Disusun Untuk Memenuhi Tugas Pada Mata Kuliah Hadist Tarbawi

Reward dan Punishment secara sederhana adalah pemberian hadiah bagi orang yang melakukan hal yang baik dan memberikan hukuman ketika melakukan hal yang buruk, konsep ini sering dipergunakan dalam dunia pendidikan. Sebagaimana pemberian hadiah kepada orang yang mendapatkan prestasi belajar dan tidak jarang pula pendidik memberikan hukuman bagi siswanya ketika memperbuat kesalahan atau melanggar peraturan yang telah disepakati.

Read-Me.Org
REGULATION AS PUNISHMENT

Hadassa Noorda

Theorists of criminal law widely agree that state punishment involves harsh treatment and stigma and that states must therefore provide protections for targeted individuals. But certain regulatory measures can also be used to impose harsh treatment and stigma. This paper addresses the stigmatic impact of harsh regulatory measures. It argues that harsh regulatory measures that label targeted individuals as risky impose a stigma that has the potential to significantly affect these individual’s personal and professional relationships. Such measures include area restrictions applied to alleged terrorists and registration requirements for convicted sex offenders. I recommend ways of implementing legal safeguards for targeted individuals against the stigma involved in the employment of such measures.

University of Amsterdam School of Law/ NYU Center for Law and Philosophy

Read-Me.Org
Reading Utopia in the Reformation of Punishment

MATTHEW RITGER

Recent scholarship on the first English translation of Thomas More s Utopia has asked how its pub- lication in the 1550s fits with the larger agenda of Protestant Reformers who promoted the book alongside their other civic projects. This article argues that the initiatives of greatest relevance were the new house of correction at Bridewell (est. 1553 57) and the infamous Vagrancy Act of 1547 49, which failed to introduce slavery as a punishment in English law. Evidence of user inter- actions with the 1550s editions, including indexing, annotation, commonplacing, and quotation, helps to analyze how the text s complicated ideas about penal labor were received and reemphasized by early English readers. I N TR O D U C T I O N The best known feature of Utopian life is its communism, as Dominic Baker- Smith recently put it, and so one might think the most influential aspect of the original Utopia (1516) by Thomas More (1478 1535) has always been its crit- icism of private property.1 In contrast, this article argues that Utopia s most notable idea, at least in the two earliest editions of Ralph Robinson s (1520 77) first English translation (1551, 1556), was the protagonist Raphael Hythloday s contention that thieves ought to be put to work rather than put to death.2 If, as Miguel Abensour suggests, there are statements that function as genuine insti- tutions, then this might have been the closest thing More s dialogic Utopia had to a singular statement in the sixteenth and seventeenth centuries.3 This idea has been called by at least one modern historian the More tradition for its influence on English penology, and was frequently marked by early modern

Read-Me.Org
RAPE CULTURE: POWER, PROFIT, PUNISHMENT

By LEIGH GASKIN

I would like to recognize my committee, Dr. Guerrero, Dr. Bloodsworth-Lugo, and Dr. Leonard, for the labor put into this dissertation project. I am deeply grateful for each of your comments, support, and encouragement during the dissertation process. You all have been my dream team and have enabled me to do the best I could with this task. I hope each of you can find yourself somewhere in this work, as your voice and guidance shaped the project and its effectiveness.

WASHINGTON STATE UNIVERSITY Program in American Studies

Read-Me.Org
Quality Education in Low-Fee Paying Private High Schools in Mabelreign/Warren Park District in Harare,Zimbabwe:Teachers` Perspective

Davison Machisa1, Constance Gutuza2, Tichaona Mapolisa3

The study aimed to assess the quality of education in low-fee paying private high schools in the Mabelreign/Warren Park district in the Harare Metropolitan Province of Zimbabwe while paying particular attention to teachers` perspectives. A clear assessment of quality education was essential to bridge the knowledge gap on the quality of education in low-fee paying private high schools. It is also important to mention that the study was unique as it assessed the quality of education in low-fee paying private high schools in an education set-up where there was a massive increase in the population of private high schools. The study was guided by the systems theory which looks at the phenomenon at hand through the lens of interrelatedness of elements in the low-fee paying private high schools’ systems. The study adopted a quantitative method research approach, descriptive survey design, and data triangulation method. More so, the sample for the study was 44 respondents from three (3) low-fee paying private high schools in Mabelreign/Warren Park district. The sample was chosen using simple random technique from teachers that were present at each school. This study used bar graphs to analyse data collected. The study concluded that a safe learning environment has a positive contribution to quality education in low-fee paying private high schools. The study recommended that administrators in low-fee paying private high schools should ensure that anti- bullying mechanisms are put in place in order to create a safe learning environment to all the learners.

Read-Me.Org
Retributive Punishment and Revenge

Karsten J. Struhl

The move from cultures of revenge to societies with criminal justice systems and retributive punishment is undoubtedly a progressive historical development. However, it is by no means the case that revenge has disappeared. In this essay, I shall argue that revenge conceals itself precisely in legal retributive punishment. I also argue that legal retributive punishment is a substitution of public for pri- vate revenge and, therefore, a form of controlled revenge. I shall also explore the implications of these claims, implications that move in two very different politi- cal directions—as a reason to allow the victim more opportunity to express and exercise her emotions of revenge in the legal system; and as a reason to be suspi- cious of the retributive theory of punishment and the way in which it manifests itself in the criminal justice system.

Read-Me.Org
Punishment

Alessandro De Giorgi

Since the early 1980s, global processes of capitalist transformation across Western societies have revolutionized both the field of production and the com- plex of governmental institutions, practices, and technologies that, in the after- math of World War II, had consolidated into the Keynesian welfare state (Jessop, 1996, 2016; Mishra, 2014). The neoliberal paradigm of governance that has come to dominate Western societies through the last quarter of the twentieth century has resulted in a drastic redistribution of social wealth toward the top of the racial and class hierarchy, a vertical increase in economic inequalities, an acute precarization of work within increasingly segmented labor markets, a mas- sive attack on workers’ rights, and a systematic dismantling of the social safety net that had been instituted in the wake of the Keynesian compromise between capital and labor (Bonefeld, 2017; Harvey, 2005; Schram, 2015). In this sense, the neoliberal revolution has involved an organized assault against the economic relevance and political centrality of industrial labor – and, specifically in the USA, against the radical struggles for racial justice that had emerged from civil rights movement (Camp, 2016; Flamm, 2005; Parenti, 1999: 3–44).

Read-Me.Org