11. Prison Sentences and Punishment

2021 ◽  
pp. 156-171
Author(s):  
William Abel ◽  
Elizabeth Kahn ◽  
Tom Parr ◽  
Andrew Walton
Keyword(s):  
Beneficial Effect ◽  
Crime Rates ◽  
Prison System ◽  
The State ◽  
State Punishment

This chapter assesses whether the state should shorten the length of prison sentences, exploring the justification for state punishment. It argues in favour of shorter prison sentences, drawing on the idea that an individual who commits a crime has a remedial duty to those they have wronged, and that one way to discharge this duty is by spending time in prison in order to deter future crime. This justification for punishment supports shorter prison sentences because the beneficial effect of longer prison sentences on crime rates is too low to justify the burdens they impose. The chapter then considers a retributivist objection, which claims that the state should favour longer prison sentences because an individual who commits a crime deserves to suffer. Concerns about retribution are unable to justify the high costs of the prison system and, more fundamentally, they provide an unattractive justification for all forms of punishment. The chapter also discusses the appeal and relevance of a communicative account of punishment, according to which the state should punish an individual who commits a crime in order to condemn their actions.

scholarly journals Transformation of the Image Status of the Penal System in the Context of the Cyclical Political Genesis of Russia

2021 ◽  
Vol 15 (3) ◽  
pp. 595-604
Author(s):  
Roman A. Romashov ◽  
Vladislav Yu. Panchenko ◽  
Ilyas A. Ermolaev ◽  
Larisa A. Petruchak
Keyword(s):  
State Government ◽  
Prison Population ◽  
Social Institutions ◽  
Prison System ◽  
The State ◽  
Penal System ◽  
Russian State ◽  
Public Consciousness ◽  
Prison Systems ◽  
The One

Introduction: being a structural and functional element of the state mechanism (a kind of “state within the state”), the prison system is transforming along with it. Accordingly, the image status of the prison itself and representatives of “prison authorities” and “prison population” is also changing. We bring to the fore the problem of understanding the term “system” in the context of the image status of the social system in general and the penal system in particular. We highlight the formation of semantic images and image statuses on the example of three social institutions (school, army, prison), which are similar in terms of parametric characteristics and functioning and qualitatively different in image status. The article comprehensively examines the bipolar image of the penal system: on the one hand, prison is inextricably linked with human misfortune, an evil that cannot be treated positively; on the other hand, as an instrument of state law enforcement policy, the prison guarantees the inevitability of punishment for a crime, ensuring the execution of punishment, protecting law-abiding citizens, which is a good thing for society and the state. Research materials and methods: the features of formation and functioning of the image status of the Russian penal (“prison”) system are considered in the context of the concept of cyclic political genesis. In accordance with this concept, in relation to the history of the unified Russian state, three cycles should be distinguished (imperial, Soviet, post-Soviet). Within the framework of each, Russia was represented by qualitatively different forms of state government, economic order, social structure, etc. At the same time, in such “different” Russian states, there were different models of prison systems, the formation and functioning of which, as well as the transformation of the image status, was carried out under the influence of state prison policy and under the influence of public consciousness (national mentality). Results: the current state of the Russian penal system can be described as transitional. Along with the legacy of the “Soviet past”, we observe serious changes proceeding from democratization and humanization of the political and legal system of the Russian Federation. Transformation of the image of the penal system is aimed at increasing the level of openness and forming a positive opinion about the functioning of the penitentiary system (the Concept for development until 2030). It is important that in the public consciousness the image of the penal system as a predominantly punitive prison system gradually be replaced by the idea of it as a penitentiary system, which is concerned primarily with “revival of the essence of humanity” in a person through awareness and repentance. As for the image status of employees of the penal system, the state can optimize it first of all by equalizing their official status with that of military personnel and special services employees, who, like representatives of the prison system, serve the Russian state, but are in a privileged position in relation to them. Increasing the prestige of the service in the penal system in the eyes of actual or potential employees implies the rejection of such differentiation.

‘Three warnings and you’re out’: Banishment and precarious penality in South Africa’s informal settlements

2019 ◽  
Vol 22 (1) ◽  
pp. 48-69 ◽  
Author(s):  
Gail Super
Keyword(s):  
Informal Settlements ◽  
Daily Basis ◽  
State Violence ◽  
The State ◽  
Theoretical Point ◽  
Liberal State ◽  
Public Authorities ◽  
State Punishment ◽  
Group Boundaries ◽  
Legitimate Violence

This paper asks how punitive forms of non-state punishment play out on the margins of the state, in informal (shack) settlements in South Africa. My focus is on the practice of forcing those who are suspected of certain offences to leave their homes in informal settlements. I refer to this as ‘banishment’ and argue that it is a ‘penal phenomenon’ which is intimately tied to the general precarity that residents experience on a daily basis. The paper examines the ways in which these formally illegal, but nonetheless legitimate practices, draw on and reconfigure liberal state punishment. I use my study to make a broader theoretical point about the interplay between lawful state punishment and unlawful punishment on the periphery of the state. The blurred boundaries between legal (state) violence and illegal (but nonetheless legitimate) violence are particularly ‘visible’ in situations of ‘precarious penality’ – a term that I use to describe the unstable, violent and exclusionary penality that manifests in situations of socio-economic precarity, particularly in contexts of inequality, high rates of violent crime and a delegitimated rule of law. In these circumstances ‘non-state’ punishment contributes to the construction and maintenance of group boundaries and fulfils a similar function to ‘formal’ punishment. Thus, I ask whether it makes sense to exclude ‘non-state’ public authorities which act against ‘criminality’, when asking what or who constitutes the penal field and, when measuring state punitiveness?

EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT

2020 ◽  
pp. 46-52
Author(s):  
S. V. Rozenko
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
State Punishment ◽  
Legal Structure ◽  
Legal Nature ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character ◽  
Scientific Doctrine

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.

Hate Crime Victimization Data in Pennsylvania: A Useful Complement to the Uniform Crime Reports

2018 ◽  
Vol 33 (2) ◽  
pp. 330-350 ◽  
Author(s):  
R. Barry Ruback ◽  
Andrew S. Gladfelter ◽  
Brendan Lantz
Keyword(s):  
Rural Areas ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Crime Rates ◽  
The State ◽  
State Agency ◽  
Crime Victimization ◽  
Uniform Crime Reports ◽  
Crime Reports

Data on the incidence and prevalence of hate crimes in the United States come primarily from the Uniform Crime Reports (UCR). Although UCR data undercount most crimes, hate crimes are particularly underreported, especially for some groups. We compare 2000–2011 UCR data in Pennsylvania to data from a state agency that came from police, media, and citizen reports. First, we find that the state-agency database is generally consistent with the UCR data, in terms of absolute counts, correlations, and predictors. Second, we find that UCR data underestimate hate crime rates by a factor of about 1.6 overall and by a factor of 2.5 for rural areas. Moreover, although UCR data on hate crimes show a decrease in the most recent 5-year period, the state agency data show that hate crime incident counts have not dropped. We suggest that using a broader index that includes both the UCR and a database like that in Pennsylvania will give a more complete picture of hate crime.

scholarly journals Smart Prisoners: Uses of Electronic Monitoring in Brazilian Prisons during the COVID-19 Pandemic

2021 ◽  
Vol 19 (2) ◽  
pp. 216-227
Author(s):  
Maria Rita Pereira Xavier ◽  
Ana Paula Ferreira Felizardo ◽  
Fábio Wellington Ataíde Alves
Keyword(s):  
Social Control ◽  
Electronic Monitoring ◽  
Data Access ◽  
Prison System ◽  
The State ◽  
Systemic Racism ◽  
Private Companies ◽  
Close Link ◽  
The Impact

This paper discusses the electronic monitoring (EM) of indicted and convicted citizens in Brazil during the COVID-19 pandemic. We start by discussing how EM was implemented in the country and describing its close link with the technology company Spacecom. We argue that the use of EM to mitigate the impact of COVID-19 in the Brazilian prison system intensifies the continuation of an uninterrupted mechanism of social control that is sustained by systemic racism in Brazil through a growing link between the State and technology companies. Mapping the changes that EM imposes on criminal legal practices, reflecting on data access and management carried out by private companies, and analyzing the acceleration of this process during the COVID-19 pandemic in Brazil are topics addressed herein.

State Punishment and International Criminal Law

2017 ◽  
Author(s):  
Christopher Heath Wellman
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Law ◽  
State Punishment ◽  
Legal Proceedings ◽  
Hard Treatment ◽  
Open Question ◽  
Exclusive Right

Even if we agree that punishment is permissible just in case the person punished has forfeited her right against this hard treatment, it remains an open question as to who may mete out this punishment. If anyone has an exclusive right to punish the wrongdoer, it would presumably be the victim, so those of us who think that the state enjoys sole authority over the punitive process must explain how the state acquires its moral dominion over the criminal legal proceedings. This chapter provides this explanation by arguing that the state violates no rights in claiming a monopoly over the punitive process only because it is uniquely capable of adequately realizing the morally significant aims that a system of punishment can achieve.

The prevention of torture in Rio de Janeiro: A study on the role of public defenders

2018 ◽  
Vol 100 (907-909) ◽  
pp. 185-209
Author(s):  
Étienne Chénier-Laflèche
Keyword(s):  
Rio De Janeiro ◽  
Prison System ◽  
The State ◽  
Structured Interviews ◽  
Public Defenders ◽  
The Public

AbstractThe attorneys of the Public Defender's Office of the State of Rio de Janeiro (PDORJ) are heavily present in the penitentiary system of Rio de Janeiro, individually meeting the vast majority of detainees and conducting monitoring visits. This article presents the work of the PDORJ in the prison system, focusing on its role in the prevention of torture. Based on semi-structured interviews with public defenders, the article explains the paradox between the extensive presence of the PDORJ in the prison system and the few instances of torture that are officially reported. It also presents recommendations aimed at better identifying and responding to accounts of torture.

scholarly journals CRIMINALIZATION WITHOUT PUNISHMENT

Legal Theory ◽  
2017 ◽  
Vol 23 (2) ◽  
pp. 69-95 ◽  
Author(s):  
James Edwards
Keyword(s):  
The State ◽  
State Punishment ◽  
The Relationship

ABSTRACTWhat is the relationship between a theory of permissible criminalization and a theory of permissible state punishment? One answer runs as follows: to identify the conditions under which it is permissible to criminalize, we must first identify the conditions under which it is permissible for the state to punish. The latter set of conditions doubles as part of the former set. Call this the punishment thesis. It is a thesis with some prominent advocates, but explicit defenses are hard to find. In this paper, I ask how such a defense might proceed. Section I clarifies the punishment thesis itself. Sections II–IV consider a number of arguments in its favor. My contention is that none of these arguments succeeds. Unless a better argument can be found, we should reject the punishment thesis.

Race, Age, and Conformity in Prison

1983 ◽  
Vol 52 (2) ◽  
pp. 445-446 ◽  
Author(s):  
Alan R. Rowe
Keyword(s):  
Prison System ◽  
The State ◽  
Actual Behavior ◽  
Men And Women ◽  
State Prison ◽  
Criminal Propensity

Data collected from the 14,834 men and women in the state prison system of Georgia support the hypothesis that age is more important than race for conforming behavior in prison. Prior study shows that criminal propensity declines with age, and this study shows that actual behavior conforms more to rules with increased age.

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