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PUNISHMENT

PUNISHMENT-PRISON-HISTORY-CORPORAL-PUNISHMENT-PAROLE-ALTERNATIVES. MORE in the Toch Library Collection

Posts tagged restorative justice
Is restorative justice punishment?

By Christian B. N. Gade

This article has two objectives, both of which are new. First, it presents a new framework of punishment in nine dimensions, which makes it possible to distinguish sys- tematically between different conceptualizations of the nature of punishment. Second, using the framework, it discusses the relationship between restorative justice and punishment, showing that some cases of restorative jus- tice constitute punishment from the perspectives of some of the punishment positions in the framework but not for others. Thus, according to some positions, restorative jus- tice (mediation, conferences, circles, etc.) is punishment.

Wiley, 2020, 29p.

From punishment to help?

By ESPEN WALDERHAUG

he government’s proposal, Drug policy reform – from punishment to help, means that society’s reaction to illicit drugs for personal use will be transferred from the justice sector to the health sector (1). Today, the use and possession of narcotics is penalised with fines and up to six months’ imprisonment or a decision not to bring criminal charges followed by monitoring and drugs testing. This will change if the government gets its way. The police will continue to focus on use and possession, but if you are caught with small amounts of narcotics, this will instead result in a compulsory meeting with the municipal drugs counselling services. Selling drugs will continue to be criminally prosecuted as it is today. The same applies to the storage of large quantities of narcotics, production and import as well as driving under the influence.

The Journal of the Norwegian Medical Association 2020, 3p.

The Paradox of Punishing for a Democratic Future

By Rachel López and Geoff Dancy

Recently, the U.S. Supreme Court grappled with an issue of first impression in this country, but one familiar to other jurisdictions around the world—that is, whether a former head of state should be immune from prosecution for his criminal acts while in office. Those who argue in favor of criminal accountability, at home and abroad, often trumpet the democratic benefits of punishing state officials. Such justifications have also been consecrated in law, finding their way into judicial decisions as a basis for overturning amnesty laws. But is there any evidence to support these claims? Can a government really punish its way to a more democratic future?

Using empirical evidence from other countries that have prosecuted state officials for their crimes over the last three decades, this study sheds light on the possible effects of these prosecutions on democratic institutions and behaviors. First, it examines an in-depth case study of Guatemala, a country where this issue recently came to the fore, to develop a set of hypotheses about the democratic effects of punishing state officials. To determine whether the lessons gleaned from Guatemala are more generalizable, it tests these hypotheses using the most extensive global data set of prosecutions of government officials in domestic courts, which specifically focuses on human rights prosecutions.

Interestingly, the findings reveal a paradox. While criminal prosecutions of state officials for human rights violations are associated with some pro-democracy outcomes, like increased civil society activism and pro-democratic mobilization, they are also associated with greater political polarization and anti-system backlash. By contrast, they appear to have little effect on democratic institutions. Considering this data, a central takeaway is that the democratic effect of prosecuting political leaders tends to rest with the people. Whether punishing them helps to ensure a more democratic future depends more on how the populace responds—negatively or positively—than on the limited institutional effects resulting from punishment.

2025, 68p.

PRISONS INSIDE OUT: Alternatives in Correctional Reform

MAY CONTAIN MARKUP

By Benedict S. Alper

"PRISONS INSIDE OUT: Alternatives in Correctional Reform" delves into innovative approaches to reforming the traditional prison system. From restorative justice practices to community-based rehabilitation programs, this book explores a range of alternative methods aimed at transforming the correctional system. By highlighting successful case studies and thought-provoking insights, this book challenges conventional norms and offers new perspectives on how we can redefine the purpose and effectiveness of prisons in modern society. Whether you are a policymaker, a criminal justice professional, or simply an interested individual, "PRISONS INSIDE OUT" is a must-read for those seeking a deeper understanding of the complexities of correctional reform.

Cambridge Mass. Ballinger Co. 1974.