The Alcoholic in the Penal Institution

1945 ◽  
Vol 6 (2) ◽  
pp. 233-238
Author(s):  
Howard B. Gill
Keyword(s):  
Penal Institution

scholarly journals MATERIAL LIABILITY OF SENTENCED PERSONS – REALITIES AND PROSPECTS OF IMPROVING AND APPLICATION

2019 ◽  
pp. 153-156
Author(s):  
D. E. Levchanovskyi ◽  
S. V. Tsariuk
Keyword(s):  
The State ◽  
Material Damage ◽  
Practical Activity ◽  
Staff Members ◽  
Integral Component ◽  
Penal Institution ◽  
Mandatory Rules ◽  
Educational Influence

The significance of the sentenced person's liability has been investigated. It applies to a convicted person in prison for a term of imprisonment, as an integral component of the educational influence on such person to correct and re-socialize him. The society is accustomed to perceive the State Criminal Enforcement Service of Ukraine as an institution, which by its function is intended to serve the sentences of a court, but the legislation also imposes on it the task of correcting and re-socializing the sentenced person using the methods and means of educational influence that go hand in hand with the execution of punishment. The liability of the convicted person is at the same time a criterion for evaluating the use of remedies and re-socialization and acts as an element of the same educational influence. Therefore, it is problematic for staff members of the Penal Institution to realize the need to apply the disciplinary and material responsibility of prisoners in the exercise of educational influence differently. The content of the article reveals the need to apply the liability of the convicted person as a normative-legal category, through the lens of educational influence on the convicts. It encourages creation of appropriate methodological recommendations and improving the mechanism of their application in the practical activity of the units of the Penal Institution. Аnd the need for appropriate changes at the legislative level regarding the mandatory rules on compensation for material damage caused to a sentenced institution while serving a sentence, which in turn will help to consolidate the foundation of one of the methods of educational influence. It is noted that the purpose of educational influence through material liability is realizing by the isolated person the fact of wrongdoing, legal and material consequences, as well as rethinking his act. This is important because convicts are not required to compensate for material damage. Therefore, there is a need to go to court for material damages, which can lead to a loss of value and "demand" for such educational influence from the staff of the institution.

Penal Slavery in Early Modern Scandinavia

2021 ◽  
Vol 6 (3) ◽  
pp. 343-368
Author(s):  
Johan Heinsen
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
Distinct Form ◽  
Exceptional Set ◽  
Security Breaches ◽  
Multiple Voices ◽  
Penal Institution ◽  
The Status ◽  
The Creation ◽  
Atlantic Slavery

Abstract In Scandinavia, a penal institution known as “slavery” existed from the sixteenth to the nineteenth centuries. Penal slaves laboured in the creation and maintenance of military infrastructure. They were chained and often stigmatized, sometimes by branding. Their punishment was likened and, on a few occasions, linked to Atlantic slavery. Still, in reality, it was a wholly distinct form of enslavement that produced different experiences of coercion than those of the Atlantic. Such forms of penal slavery sit uneasily in historiographies of punishment but also offers a challenge for the dominant models of global labour history and its attempts to create comparative frameworks for coerced labour. This article argues for the need for contextual approaches to what such coercion meant to both coercers and coerced. Therefore, it offers an analysis of the meaning of early modern penal slavery based on an exceptional set of sources from 1723. In these sources, the status of the punished was negotiated and practiced by guards and slaves themselves. Court appearances by slaves were usually brief—typically revolving around escapes as authorities attempted to identify security breaches. The documents explored in this article are different: They present multiple voices speaking at length, negotiating their very status as voices. From that negotiation and its failures emerge a set of practiced meanings of penal “slavery” in eighteenth-century Copenhagen tied to competing yet intertwined notions of dishonour.

Lay Participation in Japanese Criminal Justice: Prosecution Review Commissions, the Lay-Judge System, and Penal Institution Visiting Committees

2020 ◽  
Vol 7 (1) ◽  
pp. 159-189
Author(s):  
Stacey STEELE ◽  
Carol LAWSON ◽  
Mari HIRAYAMA ◽  
David T. JOHNSON
Keyword(s):  
Criminal Justice ◽  
Current System ◽  
Open Approach ◽  
Existing Structures ◽  
Lay Participation ◽  
Penal Institution ◽  
Technological Developments ◽  
The Impact ◽  
Japanese Criminal Justice

AbstractThis article highlights reliance on lay participation as a mechanism for solving perceived problems in Japanese criminal justice by examining three reforms aimed at increasing lay participation in Japanese criminal justice: the mandatory prosecution power given to Prosecution Review Commissions, the saiban’in seido (lay-judge system), and Penal Institution Visiting Committees. The article argues that lay participation plays an important role in legitimizing aspects of the current system. Despite the Nagoya Prison Scandal in 2002–03, Japan’s extraordinary achievements in order inside prisons have been maintained and citizens are comforted that the system has oversight by Visiting Committees. Although PRCs and saiban’in seido represent a more open approach to eligibility and selection than Visiting Committees, they too help to legitimize existing structures. The article concludes by considering challenges to the continued reliance on lay participation in Japan including reform fatigue, the demographic crisis, the impact of geography, and technological developments.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

P01.176 A comparison of sexual offenders in custodial care and in penal institution

2000 ◽  
Vol 15 (S2) ◽  
pp. 367s-367s
Author(s):  
S. Harsch ◽  
U. Jockusch ◽  
F. Keller
Keyword(s):  
Sexual Offenders ◽  
Penal Institution ◽  
Custodial Care

Managing without guards in a Brazilian police lockup

Focaal ◽  
2014 ◽  
Vol 2014 (68) ◽  
pp. 55-67 ◽  
Author(s):  
Sacha Darke
Keyword(s):  
Rio De Janeiro ◽  
Shared Beliefs ◽  
Penal Institution

Brazilian prisons are typically crowded and poorly resourced, yet at the same time may be active places. Of particular interest to the sociology of prisons is institutional reliance on inmate collaboration and self-ordering, not only to maintain prison routines, but, in the most low-staffed prisons, security and prisoner conduct as well. This article explores the roles played by inmates in running one such penal institution, a men's police lockup in Rio de Janeiro. At the time of research the lockup had over 450 prisoners, but just five officers. Both on and off the wings inmates performed janitorial, clerical, and guard-like duties, mostly under the supervision not of officers but other prisoners. The lockup appeared to be operating under a relatively stable, if de facto and provisional order, premised on common needs and shared beliefs, and maintained by a hierarchy of prisoner as well as officer authority.

Primary Care in a Penal Institution

Medical Care ◽  
1975 ◽  
Vol 13 (9) ◽  
pp. 775-781 ◽  
Author(s):  
Bery Engebretsen ◽  
Jane Westberg Olson
Keyword(s):  
Primary Care ◽  
Penal Institution

scholarly journals Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest

2020 ◽  
Vol 54 (3) ◽  
pp. 999-1022
Author(s):  
Dragiša Drakić ◽  
Ivan Milić
Keyword(s):  
Criminal Code ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Criminal Sanctions ◽  
Penal Institution ◽  
Long Time ◽  
Legal Position ◽  
The Republic

The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In criminal proceedings, the court is obliged to individualize the criminal sanction in a way that takes into account objective and subjective circumstances - the circumstances relating to the committed crime and its perpetrator. There are such perpetrators who it is necessary to sentence to prison, but who should not be sent to a penal institution. The prison sentence may also be served in premises where they reside (with or without electronic surveillance). Although, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal institution, this does not necessarily mean that he will be placed into a penal institution to serve his sentence. The amendments and supplements of the Criminal Code leave an "opportunity" for the convict to serve his sentence in the premises where he resides, if the prescribed conditions are met. This is only a possibility which may be decided on by the judge in charge of executing criminal sanctions. If it is decided that the convicted person shall serve his sentence in the premises where he resides, the next step is the execution of the sentence. Not all convicted persons who are serving their sentence in this way are in the same legal position, as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resides (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence. This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence.

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