Sentencing multiple conviction offenders

2021 ◽  
pp. 147737082199690
Author(s):  
Jakub Drápal
Keyword(s):  
Repeat Offenders ◽  
Penal Codes ◽  
Hard Treatment

Sentenced offenders who re-offend prior to serving their previously imposed sentence (multiple conviction offenders) are situated between multiple and repeat offenders. This article examines how they should be sentenced based on censure, consequentialist and desert theories. I conclude that these aims cannot be achieved if they are treated as repeat offenders, and neither can the requirement of proportionality. Censure is, similarly, communicated primarily via hard treatment not via sentence pronouncement. I further analyse all continental European penal codes; half of them do not have any provision governing the sentencing of multiple conviction offenders (tacitly treating them as repeat offenders) and only two countries provide detailed sentencing guidance. I conclude by offering recommendations for the principled sentencing of multiple conviction offenders.

The Conventional Problem with Corporate Sentencing (and One Unconventional Solution)

2021 ◽  
Vol 24 (3) ◽  
pp. 397-432
Author(s):  
W. Robert Thomas
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Unique Form ◽  
Criminal Justice Reform ◽  
Common Response ◽  
Corporate Punishment ◽  
Hard Treatment

A recent wave of expressive accounts of corporate criminal law operate on the promise that corporate punishment can express a unique form of condemnation not capturable through civil enforcement. Unfortunately, the realities of corporate sentencing have thus far failed to make good on this expressive promise. Viewed in light of existing conventions that imbue meaning into our practices of punishment, corporate sentences rarely impose hard treatment in a manner or degree that these conventions seem to require. Accordingly, standard corporate sanctions turn out to be ill-suited to deliver—and, often, will likely undermine—the stigmatic punch upon which expressive defenses of corporate criminal law depend. A common response to this conventional problem with corporate sentencing has been to propose more, and harsher, corporate punishments. However, this approach overlooks the extent to which corporate punishment derives its stigmatic force from preexisting norms and conventions concerning individual punishment. If trying to improve corporate punishment, then, expressivists might instead seek either to leverage or to dismantle the underlying conventions that give existing sanctions meaning. An example of the former strategy would be to revitalize long-neglected proposals for corporate shaming by adopting a criminal convention currently absent from the corporate space—namely, the pervasive, stigmatic application of epithets like “thief” or “felon.” An example of the latter would be to join criminal justice reformers in targeting conventions that, in recent decades, have enabled increasingly draconian sentencing practices. On this view, dissolving corporate sentencing’s conventional problem may represent a further, incidental benefit of systemic criminal justice reform.

scholarly journals Ewolucja odpowiedzialności nieletnich na przestrzeni lat

2020 ◽  
pp. 171-186
Author(s):  
Emilia Jurgielewicz-Delegacz
Keyword(s):  
Juvenile Delinquency ◽  
Legal Regulations ◽  
Penal Codes

  This article describes the evolution of juvenile responsibility based onPolish legal regulations developed after Poland regained its independence.For this reason, the description is based on legal acts adopted after 1918.The article deals with such issues as the age of a juvenile, a juvenile’s liability for acts prohibited by law, the consequences of juvenile delinquency. Theanalysed legal acts include penal codes from 1932, 1969 and 1997 and the actof 1982 on proceedings in juvenile cases.

scholarly journals Cryptography for #MeToo

2019 ◽  
Vol 2019 (3) ◽  
pp. 409-429
Author(s):  
Benjamin Kuykendall ◽  
Hugo Krawczyk ◽  
Tal Rabin
Keyword(s):  
Sexual Assault ◽  
Difficult Problem ◽  
Protocol Design ◽  
Security Model ◽  
Repeat Offenders ◽  
High Profile ◽  
Software Libraries ◽  
Security Guarantees ◽  
Cryptographic Techniques ◽  
False Accusations

Abstract Reporting sexual assault and harassment is an important and difficult problem. Since late 2017, it has received increased attention as the viral #MeToo movement has brought about accusations against high-profile individuals and a wider discussion around the prevalence of sexual violence. Addressing occurrences of sexual assault requires a system to record and process accusations. It is natural to ask what security guarantees are necessary and achievable in such a system. In particular, we focus on detecting repeat offenders: only when a set number of accusations are lodged against the same party will the accusations be revealed to a legal counselor. Previous solutions to this privacy-preserving reporting problem, such as the Callisto Protocol of Rajan et al., have focused on the confidentiality of accusers. This paper proposes a stronger security model that ensures the confidentiality of the accuser and the accused as well as the traceability of false accusations. We propose the WhoToo protocol to achieve this notion of security using suitable cryptographic techniques. The protocol design emphasizes practicality, preferring fast operations that are implemented in existing software libraries. We estimate that an implementation would be suitably performant for real-world deployment.

scholarly journals Acoso sexista callejero: ¿qué respuesta puede ofrecer el Derecho penal? (Sexist Street Harassment: What Kind of Answer Can the Penal Law Provide?)

2019 ◽  
Vol 9 (6) ◽  
pp. 983-1000
Author(s):  
Alicia Brox Sáenz de la Calzada
Keyword(s):  
Comparative Law ◽  
Waste Paper ◽  
Penal System ◽  
System Reform ◽  
Street Harassment ◽  
Legal Perspective ◽  
Penal Law ◽  
Penal Codes ◽  
Derecho Penal

El presente trabajo analiza la polémica existente en el ámbito penal en torno a la creación de un delito de acoso sexista callejero. En un primer momento, se estudia el fenómeno en sí, sus repercusiones victimológicas y los problemas que plantea la falta de regulación penal al respecto, en el ámbito de la Comunidad Europea y en España. A continuación, ante una eventual reforma del sistema jurídico español, se comentan las posibilidades que ofrece el Derecho comparado belga y francés, países cuyos Códigos penales han sido reformados para sancionar este fenómeno. Ambas iniciativas, aunque bien intencionadas, corren el riesgo de convertirse en papel mojado. This paper analyses the controversy over the phenomenon of sexist street harassment under a legal perspective. Firstly, this paper studies the phenomenon itself, its impact on the victims and the problems caused by the lack of Spanish and European penal regulation. Secondly, considering a possible Spanish penal system reform, we discuss the options that Belgian and French comparative Law offers to tackle sexist street harassment. These two countries have reformed their Penal Codes to sanction this phenomenon. Both initiatives, though well-intentioned, run the risk of becoming waste paper.

7. Penal law

2021 ◽  
pp. 102-114
Author(s):  
Mashood A. Baderin
Keyword(s):  
Islamic Law ◽  
Penal Law ◽  
Heated Debate ◽  
Penal Codes ◽  
Muslim Majority ◽  
Controversial Aspect

‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.

Mercy Triumphs over Judgement: Intrusive or Enabling Mercy?

2020 ◽  
pp. 167-194
Author(s):  
Richard Bourne
Keyword(s):  
Restorative Justice ◽  
Moral Agency ◽  
Theological Anthropology ◽  
Character Formation ◽  
Moral Anthropology ◽  
Hard Treatment ◽  
Theological Critique ◽  
Justice And Mercy

This chapter engages in a philosophical and theological critique of thinkers who construe justice and mercy as contradictory norms. It develops a theological account of restorative justice in which mercy is understood as the ‘operative condition’ enabling the pursuit of justice beyond mere retribution. It elaborates this through an account of the moral anthropology inherent in Christian accounts of penance which understand moral agency as a time-bound pursuit of character-formation. Justice is pursued not in meting out a measure of proportionate hard-treatment, but in the merciful gift of the ‘penitential time’ which may enable reform of character and action. It ends with a tentative account of sanctification, desire and desistence and suggests these aspects of theological anthropology might inform a critique of the criminogenic machine of consumerism.

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