scholarly journals Zasada podmiotowego traktowania skazanych w kodeksie karnym wykonawczym z 1997 roku

2020 ◽  
Vol 54 ◽  
pp. 239-263
Author(s):  
Barbara Stańdo-Kawecka

During the work on the draft of the 1997 Code of the Execution of Penalties (CEP) much attention was paid to the principle of the treatment of sentenced persons, and particu-larly those serving prison sentences, as subjects. In the Polish penological literature two dimensions of that principle were indicated. The first one referred to the strengthening of the sentenced person’s position in relation to enforcement authorities by means of precise regulations concerning his/her legal status and effective mechanisms for the protection of his/her rights. The second dimension meant the abandonment of forced rehabilitation and providing sentenced persons with the ability to decide freely whether they wanted to partici-pate in correctional interventions. Undoubtedly, the 1997 CEP strengthened the legal status of a sentenced person. As regards the abandonment of forced rehabilitation, the legislator chose a compromise solution according to which the participation in correctional interven-tions was, as a rule, voluntary, but in some cases it was mandatory. Like in other countries, in Poland in the last decade the idea of the public protection against crime played an in-creasingly important role in the criminal policy. In the criminal justice system focused on risk management, the treatment of sentenced persons as subjects requires providing them with reliable information on the possible consequences of their decisions concerning the participation in offered correctional activities. Additionally, it requires providing them with adequate access to empirically proven correctional programmes as well as introducing a transparent system of risk assessment and monitoring during the execution of the imposed penalty or penal measure.

1997 ◽  
Vol 170 (S32) ◽  
pp. 4-7 ◽  
Author(s):  
John Reed

Recent inquiries show that there is a need for a better understanding of the relationship between mental disorder and risk, about what is involved in risk assessment and risk management, and for better training for all involved, whether in health and social care services or in the criminal justice system. This paper sets out the basis for this conclusion and describes some recent central initiatives to promote better understanding of risk and risk assessment and management.


2019 ◽  
Vol 7 (4) ◽  
Author(s):  
Gaetano Liuzzo ◽  
Stefano Bentley ◽  
Federica Giacometti ◽  
Silvia Piva ◽  
Andrea Serraino

The paper describes the terminology of risk in the view of food safety objectives, criteria, ranking and hierarchization: the terms Performance Criterion, Process Criteria, Product Criterion, Microbiological Criteria, Food Safety Objective, Performance standard, Food safety policy objectives, Risk Assessment Policies, Weighing, Precaution, Prevention, Precautionary principle, Prevention principle, Principle of separation between risk assessment and management, Rank, Ranking, Categorization, Ranking, Priorization, ALARA (As Low Reasonably Achievable), ALOP (Appropriate level of protection), Risk Management, Risk management in the public function are reported and discussed.


1992 ◽  
Vol 106 (6) ◽  
pp. 635-641 ◽  
Author(s):  
Ken Sexton

Risk-based decisions are an integral part of societal efforts to protect the public from the harmful health effects of environmental pollution. Scientific Information about the magnitude and extent of risks experienced by people and about the causes of those risks is a critical factor in setting priorities and choosing cost-effective mitigation strategies. To be effective in strengthening risk assessment and risk management decisions, research must focus on developing four types of predictive tools: (1) methods to screen and characterize toxicity; (2) biologically based dose-response models; (3) physiologically based pharmacokinetic models; and (4) Integrated human exposure models. This approach is the key to reducing the uncertainties currently associated with many environmental health problems.


2020 ◽  
pp. SP508-2019-157
Author(s):  
Franco Oboni ◽  
César Henri Oboni

AbstractLandslides of natural and man-made slopes represent hazardous geomorphological processes that contribute to highly variable risks. Their consequences generally include loss of life and infrastructural, environmental and cultural assets damage.Prioritizing and mitigating slope risks in a sustainable manner, while considering climate change, is related to geoethics, as any misallocation of resources will likely lead to increased risk to the public.Until recently there was little recognition of the causes and global impacts of human actions. Today, threat-denying humans can be identified as acting inappropriately and ultimately unethically. Sustainable risk management and ethical issues should be discussed simultaneously to avoid the ‘discipline silo trap’ and hazardous omissions.This contribution discusses slope risk management at various scales, i.e. how to ensure better allotment of mitigative funds while complying with sustainability goals and geoethical requirements. In 1987, the World Commission on Environment and Development published a report (also known as the Brundtland Report (Brundtland 1987. World Commission on Environment and Development Report)) that defined sustainable development as meeting the needs of the present without compromising the ability of future generations to meet their own needs.The three case histories discussed in this contribution show how sustainability and ethics can be fostered by using rational, repeatable, transparent quantitative risk assessment applicable at the local scale as well as on a large scale.


Author(s):  
Ellen K. Silbergeld

Over the past decade, the concept of risk has become central to environmental policy. Environmental decision making has been recast as reducing risk by assessing and managing it. Risk assessment is increasingly employed in environmental policymaking to set standards and initiate regulatory consideration and, even in epidemiology, to predict the health effects of environmental exposures. As such, it standardizes the methods of evaluation used in dealing with environmental hazards. Nonetheless, risk assessment remains controversial among scientists, and the policy results of risk assessment are generally not accepted by the public. It is not my purpose to examine the origin of these controversies, which I and others have considered elsewhere (see, e.g., EPA 1987), but rather to consider some of the consequences of the recent formulation of risk assessment as specific decisions and authorities distinguishable from other parts of environmental decision making. The focus of this chapter is the relatively new policy of separating certain aspects of risk assessment from risk management, a category that includes most decision-making actions. Proponents of this structural divorce contend that risk assessment is value neutral, a field of objective scientific analysis, while risk management is the arena where these objective data are processed into appropriate social policy. This raises relatively new problems to complicate the already contentious arena of environmental policy. This separation has created problems that interfere with the recognition and resolution of both scientific and transscientific issues in environmental policymaking. Indeed, both science and policy could be better served by recognizing the scientific limits of risk-assessment methods and allowing scientific and policy judgment to interact to resolve unavoidable uncertainties in the decisionmaking process. This chapter will discuss the forces that encouraged separating the performance of assessment and management at the EPA in the 1980s, which I characterize as an uneasy divorce. I shall examine some scientific and policy issues, especially regarding uncertainty, that have been aggravated by this policy of deliberate separation. Various interpretations of uncertainty have become central, and value-laden issues in decision making and appeals to uncertainty have often been an excuse for inaction.


2020 ◽  
Vol 3 (1) ◽  
pp. 16 ◽  
Author(s):  
Torgrim Log ◽  
Vigdis Vandvik ◽  
Liv Guri Velle ◽  
Maria-Monika Metallinou

In recent years, severe and deadly wildland-urban interface (WUI) fires have resulted in an increased focus on this particular risk to humans and property, especially in Canada, USA, Australia, and countries in the Mediterranean area. Also, in areas not previously accustomed to wildfires, such as boreal areas in Sweden, Norway, and in the Arctic, WUI fires have recently resulted in increasing concern. January 2014, the most severe wooden town fire in Norway since 1923 raged through Lærdalsøyri. Ten days later, a wildfire raged through the scattered populated community of Flatanger and destroyed even more structures. These fires came as a surprise to the fire brigades and the public. We describe and analyze a proposed way forward for exploring if and how this increasing fire incidence can be linked to concomitant changes in climate, land-use, and habitat management; and then aim at developing new dynamic adaptive fire risk assessment and management tools. We use coastal Norway as an example and focus on temporal changes in fire risk in wooden structure settlements and in the Norwegian Calluna vulgaris L. dominated WUI. In this interface, the fire risk is now increasing due to a combination of land-use changes, resulting in large areas of early successional vegetation with an accumulation of biomass, and the interactive effects of climatic changes resulting in increased drought risk. We propose a novel bow-tie framework to explore fire risk and preventive measures at various timescales (years, months, weeks, hours) as a conceptual model for exploring risk contributing factors and possibilities for risk management. Ignition is the top event of the bow-tie which has the potential development towards a fire disaster as a worst case outcome. The bow-tie framework includes factors such as changes in the built environment and natural habitat fuel moisture content due to the weather conditions, WUI fuel accumulation, possibly improved ecosystem management, contribution by civic prescribed burner groups, relevant fire risk modeling, and risk communication to the fire brigades and the public. We propose an interdisciplinary research agenda for developing this framework and improving the current risk understanding, risk communication, and risk management. This research agenda will represent important contributions in paving the road for fire disaster prevention in Norway, and may provide a model for other systems and regions.


2018 ◽  
Vol 15 (5) ◽  
pp. 195-209
Author(s):  
Oleksandr Nepomnyashchyi ◽  
Dmitry Barzylovich ◽  
Oksana Medvedchuk

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