scholarly journals Hate crimes and normative regulation

Temida ◽  
2011 ◽  
Vol 14 (4) ◽  
pp. 55-66
Author(s):  
Milica Kovacevic

This paper is primarily devoted to issues related to the normative regulation of hate crimes, with special reference to the regulations of the Republic of Serbia, which are indirectly related to this matter. This kind of crimes are characterized by prejudices that perpetrators have towards injured parties, as members of certain, mostly, minority groups, due to which many hate crimes could be also called crimes of prejudice. In comparative law there are two different basic directions when it comes to regulating hate crimes: separation of hate crimes in a separate category on the one hand, and punishment of perpetrators of criminal acts with the detriment of minority groups through the usual charges of a given criminal justice system, on the other. The author finds that, regardless of the formal response forms, real life suggests that hate crimes can be essentially suppressed only by promoting values such as equality, respect for diversity and tolerance, and by continuous education of public about the danger of hate crimes.

Youth Justice ◽  
2020 ◽  
pp. 147322542090284 ◽  
Author(s):  
Roger Smith

This article draws on historical understandings and contemporary models of diversion in order to develop a critical framework and agenda for progressive practice. The argument essentially revolves around the contention that typically diversionary interventions have been constrained by the contextual and ideological frames within which they operate. They have in some cases been highly successful in reducing the numbers of young people being drawn into the formal criminal justice system; however, this has largely been achieved pragmatically, by way of an accommodation with the prevailing logic of penal practices. Young people have been diverted at least partly because they have been ascribed a lesser level of responsibility for their actions, whether by virtue of age or other factors to which their delinquent behaviour is attributed. This ultimately sets limits to diversion, on the one hand, and also offers additional legitimacy to the further criminalisation of those who are not successfully ‘diverted’, on the other. By contrast, the article concludes that a ‘social justice’ model of diversion must ground its arguments in principles of children’s rights and the values of inclusion and anti-oppressive practice.


Utilitas ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 131-146
Author(s):  
David Wood

The paper examines one objection to the suggestion that, rather than being subjected to extended prison sentences on the one hand, or simply released on the other, dangerous offenders should be in principle liable to some form of civil detention on completion of their normal sentences. This objection raises the spectre of a ‘social harm reduction system’, pursuing various reductivist means outside the criminal justice system. The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. The paper attempts to refute the objection by holding that a wedge can be driven between incapacitation and other reductivist measures, and hints at a possibly new version of dualism in the process.


Author(s):  
Kim Workman

In this presentation, I consider not only the relationship between Māori and the state, but the response of key criminal justice agencies to the surge of Māori confidence in the 1970’s and 80’s, and desire to take control of their own destiny – the Māori renaissance as it became known.  How did the Police, the prisons and the youth justice system respond to this call for rangatiratanga?  How easily did it respond to the idea that Māori, far from being passive recipients of the criminal justice system, wanted a piece of the action? How well did the operational reality meld with, on the one hand, the state’s vision of a bicultural nation, and on the other, the Māori vision for a measure of autonomy, a rangatiratanga not realised in any earlier constitutional or political arrangements?


Author(s):  
Sallée Nicolas ◽  
Mohammed Aziz Mestiri ◽  
Jade Bourdages

Based on data collected in Montreal, this article looks at the tensions underlying the supervision of young delinquents in the community. More specifically, it questions what happens to support practices in the context of a risk management approach that aims to intensify the monitoring of youths previously targeted as being most at risk of recidivism. To this end, it proposes to study the data resulting from the systematic recording, by the monitoring agents (known as “youth delegates”), of written traces of their activity in computer software dedicated to the traceability of the intervention. It then analyzes the double responsabilization strategy that the content of the software displays. This strategy rests, on the one hand, on the youth themselves, who are called upon to act as the main actors responsible for change, and, on the other hand, on the actors of their environment, in particular their parents, who are asked to collaborate with the youth delegates and, as such, are likely to be recruited as back-up workers for the criminal justice system.


2020 ◽  
Vol 28 (4) ◽  
pp. 354-378
Author(s):  
Daniel Varona ◽  
Steven Kemp

Abstract Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.


Al-MAJAALIS ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 153-195
Author(s):  
Ali Musri Semjan Putra

There are two sides of view that need to be compromised, groups that carry radical, extremist and secular, liberal and nationalist groups. Each of them mutually clasps the one-sided truth, as if the religious and nationalist circles are two angles of a triangle that would not be possible to find. Nationalists view that the application of sharia regulations is an effort to place Muslims as an exclusive and special community in this country and place other people as second-class citizens. On the other hand radicals consider that the current system of government is in contradiction with the Islamic range absolutely, total and radical changes must be made.So this research tries to open the discourse of moderate thinking in addressing this problem, not extreme left and not right extreme. The main subject of this study will be based on three issues, sharia regulations in constitutional review, historical facts about the application of Shari'ah on Nusantra and sharia law in the review of Islamic Aqeedah. This study was conducted in the form of literary literature studies using the induction approach using qualitative analysis.The conclusion of this study, that the application of sharia regulations is part of actualizing constitutional orders into real life. Part of sharia law is valid in the unitary State of the Republic of Indonesia. Doing radical methods such as coups and for example in attempting to adopt sharia law is contrary to sharia law itself.


1882 ◽  
Vol 10 ◽  
pp. 312-343
Author(s):  
Isaac N. Arnold

The noblest inheritance we Americans derive from our British ancestors is the memory and example of the great and good men who adorn your history. They are as much appreciated and honoured on our side of the Atlantic as on this. In giving to the English-speaking world Washington and Lincoln we think we repay, in large part, our obligation. Their pre-eminence in American history is recognised, and the republic, which the one founded and the other preserved, has already crowned them as models for her children.


Author(s):  
Carmen María León ◽  
Eva Aizpurúa ◽  
David Vázquez

RESUMENEl diseño visual de los cuestionarios puede afectar a la calidad de los datos obtenidos, especialmente cuando se formulan preguntas abiertas donde los encuestados responden con sus propias palabras. En este trabajo se analizan los efectos de manipular el tamaño del espacio proporcionado para la respuesta en un conjunto de preguntas abiertas incluidas en un cuestionario auto-administrado sobre opiniones hacia la administración de justicia en España. Para ello se recurrió a un experimento split-ballot, dividiendo la muestra (N = 100) en dos mitades equivalentes que recibieron dos cuestionarios con el mismo contenido, pero con diferentes tamaños de campo de respuesta (pequeño y grande) en 16 preguntas abiertas. Los resultados muestran que los participantes que recibieron campos de texto grandes escribieron un mayor número de palabras en sus respuestas. Sin embargo, la manipulación en el campo de texto no influyó en 1) el número de temas abordados; ni en 2) el tiempo empleado para cumplimentar los cuestionarios. Sobre la base ABSTRACTThe visual design of questionnaires can affect the quality of the data obtained, especially when asking open-ended questions that respondents answer in their own words. In this paper, we analyze the effects of manipulating the size of the text boxes provided for answers to a set of open-ended questions in a self-administered questionnaire about opinions of the Criminal Justice system in Spain. For this, a split-ballot experiment was conducted dividing the sample (N = 100) into two equivalent halves. One half received questionnaires with small box sizes for the answers to the 16 open-ended questions while the other half received questionnaires with larger box sizes. The content on the questionnaires was the same. The results showed that those participants who received larger text boxes provided longer answers. However, manipulation of the text box did not influence 1) the number of issues addressed; or 2) response times. The results and their implications for questionnaire design are discussed.


2019 ◽  
Vol 66 (4 SELECTED PAPERS IN ENGLISH) ◽  
pp. 63-86
Author(s):  
Beata Gawrońska-Oramus

The Polish version of the article was published in “Roczniki Humanistyczne,” vol. 61 (2013), issue 4. Analysis of the mutual relations between the main intellectual and spiritual authority of the Plato Academy—Marsilio Ficino on the one hand, and Girolamo Savonarola, whose activity was a reaction to the secularization of de Medici times on the other, and a thorough study of their argument that turned into a ruthless struggle, are possible on the basis of selected sources and studies of the subject. The most significant are the following: Savonarola, Prediche e scritti; Guida Spirituale—Vita Christiana; Apologetico: indole e natura dell'arte poetica; De contempt mundi as well as Ficino’s letters and Apologia contra Savonarolam; and also Giovanni Pica della Mirandoli’s De hominis dignitate. The two adversaries’ mutual relations were both surprisingly similar and contradictory. They both came from families of court doctors, which gave them access to broad knowledge of man’s nature that was available to doctors at those times and let them grow up in the circles of sophisticated Renaissance elites. Ficino lived in de Medicis' residences in Florence, and Savonarola in the palace belonging to d’Este family in Ferrara. Ficino eagerly used the benefits of such a situation, whereas Savonarola became an implacable enemy of the oligarchy that limited the citizens’ freedom they had at that time, and a determined supporter of the republic, to whose revival in Florence he contributed a lot. This situated them in opposing political camps. They were similarly educated and had broad intellectual horizons. They left impressive works of literature concerned with the domain of spirituality, philosophy, religion, literature and arts, and their texts contain fewer contradictions than it could be supposed. Being priests, they aimed at defending the Christian religion. Ficino wanted to reconcile the religious doctrine with the world of ancient philosophy and in order to do this he did a formidable work to make a translation of Plato’s works. He wanted to fish souls in the intellectual net of Plato’s philosophy and to convert them. And it is here that they differed from each other. Savonarola’s attitude towards the antiquity was hostile; he struggled for the purity of the Christian doctrine and for the simplicity of its followers’ lives. He called upon people to repent and convert. He first of all noticed an urgent need to deeply reform the Church, which led him to an immediate conflict with Pope Alexander VI Borgia. In accordance with the spirit of the era, he was interested in astrology and prepared accurate horoscopes. Savonarola rejected astrology, and he believed that God, like in the past, sends prophets to the believers. His sermons, which had an immense impact on the listeners, were based on prophetic visions, especially ones concerning the future of Florence, Italy and the Church. His moral authority and his predictions that came true, were one of the reasons why his influence increased so much that after the fall of the House of Medici he could be considered an informal head of the Republic of Florence. It was then that he carried out the strict reforms, whose part were the famous “Bonfires of the Vanities.” Ficino only seemingly passively observed the preacher’s work. Nevertheless, over the years a conflict arose between the two great personalities. It had the character of political struggle. It was accompanied by a rivalry for intellectual and spiritual influence, as well as by a deepening mutual hostility. Ficino expressed it in Apologia contra Savonarolam written soon after Savonarola’s tragic death; the monk was executed according to Alexander VI Borgia’s judgment. The sensible neo-Platonist did not hesitate to thank the Pope for liberating Florence from Savonarola’s influence and he called his opponent a demon and the antichrist deceiving the believers. How deep must the conflict have been since it led Ficino to formulating his thoughts in this way, and how must it have divided Florence's community? The dispute between the leading moralizers of those times must have caused anxiety in their contemporaries. Both the antagonists died within a year, one after the other, and their ideas had impact even long after their deaths, finding their reflection in the next century’s thought and arts. 


ALQALAM ◽  
2019 ◽  
Vol 36 (01) ◽  
pp. 67
Author(s):  
A. ILYAS ISMAIL

Theofogicaffy, Islam is one and absolutely correct. However, historicaffy, after being understood and translated into the real life, Islam is not single, but various or plural that manifests at feast in three schools of thoughts: Traditional Islam, Revivalist Islam (fundamentalism), and Liberal Islam (Progressive). The group of Jaringan Islam Liberal (JIL) represents the fast school of thoughts. Even though it is stiff young (ten years), JIL becomes populer because it frequentfy proposes the new thoughts that often evoke controversions in the community. The reformation of thoughts proposed by JIL covers four areas: first, reformation in politics. In this context, JIL gives a priority to the idea of secularism; Second, reformation in socio-religion. Dealing with this, JIL proposes the concept of pluralism; Third, reformation in individual freedom. In this case, JIL gives a priority to the idea of liberalism both in thoughts and actions;fourth, reformation in women. Regarding this, JIL proposes the idea of gender equaliry. This reformation thought of JIL receives pro and con in the community. On the one hand,some of them panne and fulminate it; on the other hand, the other ones support and give appreciation. In such situation, JIL grows as a thought and Islamic progressive movement in Indonesia. Key Words: Islamic Thought, JIL, Secularism, Pluralism, Liberalism, and Gender Equality.


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