THE NEWGATE CALENDAR: PCHYCOLOGICAL RECONSTRUCTION OF ENGLISH CRIMINAL BIOGRAPHY OT THE 18TH CENTURY

Author(s):  
Irina M. Erlihson ◽  

The author of the article refers to one of the intellectual aspects of the genesis of English penitentiary reforms of the 18th century. The progressive increase in crime rate, which English society faced in the 18th century, became a popular trend in social discourse, being left off “board” of historical penology that developed till the middle of the 20th century in the line of the normativism approach. Historiographic schools traditionally treated the evolution of English criminal justice system of the 18th century as the history of sanctions and led complicated social processes to forming severe “vertical of subordination”. The dislocation of the vector of historical researches to interdisciplinary anthropological field led to the emergence of new methods of reconstructions of historical world. The author applied theoretical aspects and tools of “cultural-intellectual and new social history” and it helped to consider imperious relationships in the epoch of the reforming of criminal justice system in the mirror of representation in historical narratives in social-cultural context and reality of Great Britain in the 18th century. The aim of the following research is to analyze criminal biographies from the Newgate Calendar for comprehension of the psychology of a crime both in the point of view of its direct subjects and through the prism of literary and personal interpretation. To reach the goal the author solves the following tasks: - considers the phenomenon of crime from the point of view of their subjects, on the one hand, and the public in the search for universal forms of neutralization of criminal aggression and ways of realization of the punishment in the stated period, on the other; - analyzes the criminals’ psychological state and emotional reactions taking into account classical studies in criminal psychology; - shows the specifics of the manifestation and perception of violence and “crime and retribution” interpretation in the social and spiritual-intellectual contexts of the period In the framework of the study, the author resorts to both special historical and source study methods (biographical, historical synthesis, discursive analysis, interpretation of texts and sources), as well as to the tools of related humanitarian disciplines such as psychological anthropology (reconstruction of a criminal biography involving fundamental works of Z. Freud, E. Fromm, Yu.M. Antonyan). We conclude the following: First of all, Newgate histories performed the edifying function, reminding us of the inevitability of punishment and compulsory repentance of a criminal. Moralistic component helped the “Calendar” to create the reputation of reading, elevating the spirit and it frequently held pride of place on the bookshelves near the Bible. Secondly, The Newgate Calendar made the attitude to the essence of violence in human nature as a part of public discourse. It was a successful commercial project of replication of the examples of antisocial behavior: violence, fraud, adultery, sexual inversions were boldly included into the sphere of public representation. In fact, the combination of didactic discourses and narrative passages created compositional structure of every biography in proportion, fitting such criteria as provocativeness of the material, eccentricity of a criminal’s personality and the degree of his discrepancy to conventional social norms.

2018 ◽  
Author(s):  
Fransiska Novita Eleanora

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.


Author(s):  
Сергей Андреевич Сивцов

В статье рассматриваются коррупционные проявления в уголовно-исполнительной системе России с криминологической точки зрения, проведен анализ причин и условий совершения коррупционных преступлений и меры профилактики. Приводятся мнения ученых-юристов о понятии коррупции, которое рассматривается как в узком, так и в широком смысле слова. Автором утверждается, что коррупция в большей мере выступает как социальное и криминологическое, чем правовое явление, поэтому рассматривать ее в рамках конкретных совершенных преступлений неверно, необходимо анализировать совокупность противоправных деяний с учетом их особенностей, а также причины и условия их совершения. Автор отмечает, что пенитенциарная преступность делится на две категории: на общеуголовную преступность (преступления, совершаемые осужденными) и иную преступность, основной составляющей которой выступает коррупционная преступность в учреждениях и органах УИС. На основе изучения криминологических научных источников автор предлагает классифицировать факторы совершения коррупционных преступлений сотрудниками УИС: факторы, присущие всем коррупционным преступлениям; и факторы, присущие пенитенциарной коррупции. В представленной статье автором указывается на недостаточность антикоррупционных механизмов. Комплекс предпринимаемых мер противодействия коррупции необходимо совершенствовать и расширять. The article examines corruption manifestations in the Russian Penal System from a criminological point of view, analyzes the causes and conditions of corruption crimes and preventive measures. The opinions of legal scholars on the concept of corruption, the content of the concept of corruption are given, it is considered both in the narrow and in the broad sense of the word. The author argues that Corruption acts more as a social and criminological phenomenon than a legal one, therefore it is not correct to consider it within the framework of specific crimes committed, it is necessary to analyze the totality of illegal acts taking into account their characteristics, as well as the causes and conditions of their commission. The author notes that penitentiary crime is divided into two categories: crimes committed by convicts (ordinary crime) and other crime, the main component of which is corruption crime in institutions and bodies of the criminal justice system. Based on the study of criminological scientific sources, the author proposes to classify the factors of corruption crimes committed by the employees of the Criminal Investigation Department: factors inherent in all corruption crimes; and factors inherent in penitentiary corruption. In the presented article, the author points out the insufficiency of anti-corruption mechanisms. The range of anti-corruption measures taken needs to be improved and expanded.


2018 ◽  
Vol 33 (5) ◽  
pp. 830-854
Author(s):  
Larissa Saco ◽  
Danielle Dirks

The criminal justice system and the media perpetuate the rhetoric of closure, which frames the end of grief for homicide survivors, or murder victims’ loved ones, as an attainable goal on their path to healing. Public discourse has also framed the death penalty as justice for survivors. However, little scholarly attention has addressed survivors’ experiences and perceptions of closure and justice. This research addresses this gap in the literature using in-depth, qualitative interviews with 36 community, academic, and criminal justice experts on homicide survivorship, 12 of whom are homicide survivors themselves. Using grounded theory, we derived six themes on closure and justice from the data. The majority of respondents indicate that survivors do not experience closure, and that they consider the term misleading. The question as to the meaning of justice produced more disparate responses. While many indicated that justice has unique meanings for individual survivors, holding the perpetrator accountable emerged as the most common theme. Half of the respondents also indicated that justice does not exist in homicide cases because of their difficult experiences with the criminal justice system. The findings have implications for policy, practice, and future research.


1973 ◽  
Vol 19 (2) ◽  
pp. 228-240
Author(s):  
H.H.A. Cooper

Rehabilitation is seen, essentially, as a reorientation of the offender toward society's values. The delinquent is distinguished by an inner conviction that his way is right and that of society wrong. All effective correctional theories must take this as their point of departure. An integrated approach to offender rehabili tation is necessary, and the impact of the criminal justice system from the moment of arrest must be studied from the point of view of its effect on the offender's attitudes. Conduct can be affected only through accord or coercion, but the latter, influenc ing the offender to retain his antisocial values, produces no permanent benefit to society. Prison, as long as it is thought of as punishment, is inconsistent with the therapeutic goals of reha bilitation. Rehabilitation is not a lesson to be taught but rather one to be learned by each individual. The system must provide the conditions to make such learning possible. There is no uni versal recipe for rehabilitation. Treatment must be geared to individual needs and this requires a radical rethinking of dis posal methods. Rehabilitation is seen as another term for re- education embracing all aspects of the offender's attitude toward society, as something akin to a religious conversion; it demands of society a just conduct in all its dealings with the offender at all levels of processing.


Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 62-64
Author(s):  
Elena V. Selina ◽  

Once again, it is time to talk about moral principles. This concept is clearly established in the law. But its content-content remains in the circle of discrepancies. The countdown of its history is usually considered when referring to the essay by A.F. Kony ‘Moral principles in criminal proceedings (General features of judicial ethics)’. This article is based on the author’s previous research, which showed that the idea of moral principles as a corresponding category was suggested by A.F. Kony and F.M. Dostoevsky. The article is devoted to the further goal-to extract the missing (according to the essay by A.F. Kony) information about moral principles from the artistic and publicistic works of F.M. Dostoevsky. The works of F.M. Dostoevsky are considered from the point of view of searching for the mechanism of the criminal justice system taking into account the moral principles. A.F. Kony’s essay on moral principles is filled with the history of the criminal process, and only a small part of it has become considered as a mission statement and widely.


Author(s):  
Steven Hitlin ◽  
Sarah K. Harkness

This chapter brings together the strands of theory and research discussed previously to introduce our theory on inequality and morality. The general argument is that in societies with greater economic inequality, the negative sanctioning-based moral emotions of anger, contempt, disgust, shame, and the like will be more frequent and severe. Societies with lower levels of inequality will conversely normalize and exhibit the more positive moral emotions of self-transcendence (compassion, praise, and empathy). Inequality thus begets negative moral emotions. These various emotional reactions to moral events not only affect everyday interaction, but also overlap with criminal justice systems’ reactions to those who offend societies’ moral codes. The more negative the moral reaction in a society, the more likely events are to prompt feelings associated with condemning others, the more the criminal justice system will be similarly focused on sanctioning as opposed to rehabilitation.


10.18060/69 ◽  
2004 ◽  
Vol 5 (2) ◽  
pp. 210-224
Author(s):  
Monte Miller

Twenty three inmates from a rural state penitentiary with mental retardation participated in a study on the differential treatment of persons with mental retardation by the criminal justice system. After obtaining informed consent, the inmates were screened for appropriateness for the study using the PPVT-R, a proxy test for IQ. The inmates were interviewed to obtain a social history and given the CAST-MR, an instrument that measures the competency of a person with mental retardation to stand trial. Results suggest participants may not have been competent to stand trial, learned most of what they knew about the criminal justice system while incarcerated, and had difficulty with interpersonal conflict and conflict with authority. The combination of these factors suggests that clients in the study may have been vulnerable to being coerced into confessing to crimes they did not commit. The presence of an advocate during criminal justice system encounters may benefit persons with mental retardation.


Author(s):  
Costanza Porro

AbstractIn her recent book The Limits of Blame, Erin Kelly argues that we should rethink the nature of punishment because delivering blame is, contrary to the widely held view, not among the justifiable aims of a criminal justice system. In this paper, firstly, I discuss her case against criminal blame. Kelly argues that the emphasis on blame in the criminal justice system and in public discourse is one of the main causes of the stigma and exclusion faced by those convicted for a crime. This claim might appear puzzling and, while she provides other convincing arguments against criminal blame, Kelly does not extensively defend this particular argument. To offer support for this view, I reflect on the often overlooked distinction between moral blame and criminal blame to show how the latter, unlike the former, is exclusionary and stigmatising. Secondly, I address the claim put forth by Kelly that blame should play no role in the criminal justice system at all. In light of her argument about the optional nature of moral blame, I explore the possibility that the state should leave open to victims the option to blame criminal wrongdoers in restorative justice conferences. I argue that in such contexts blame would not have the same exclusionary features of criminal blame in traditional settings and that it could serve some valuable aims articulated by communicative theories of punishment, such as the restoration of moral relationships.


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