scholarly journals Women in the penal system according to the Bangkok rules

Temida ◽  
2012 ◽  
Vol 15 (4) ◽  
pp. 73-88
Author(s):  
Milica Kovacevic

In the introduction of the paper the author refers to the position of women in the criminal justice system, which implies that special rules should be applied with respect to the specific needs of girls and women. In the central part of the paper, the author analyzes the Bangkok Rules (UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders), that were adopted in 2010. This is the first international document that identifies, in a comprehensive and systematic manner, specific factors of female crime and special needs of women and mothers, which implies that it has a pivotal role in the system composed of other United Nations documents. Finally, the author concludes that the real improvement of the position of women in the penal system will take a lot more effort and resources and that the adoption of the rules is not sufficient.

2021 ◽  
Author(s):  
Valeriy Terehin ◽  
Viktor Chernyshov

The issues of setting goals, planning and forming a system of indicators of the effectiveness and efficiency of the penal system are considered. The criteria for determining the goals-tasks that are adequate to the public goals of the system are justified. Quantitative indicators corresponding to the criteria were developed, based on the contribution of the criminal justice System to reducing the socio-economic losses of society from recidivism. The contribution of the system is determined by changes in the criminal potential of convicted persons during the period of serving a sentence under a court sentence. Criminal potentials are estimated by predictive values of the aggregate of three groups of characteristics of the criminal potential of convicts, determined by the stages of the cycle of recidivism. The practical results of the use of sound methods and developed tools are based on the use of a significant amount of empirical data on the institutions of the criminal justice system and its systematic expert and statistical analysis. The monograph is a generalization and development of the works carried out by the authors during 2012-2017 in the process of preparing masters of Management for the penal system. It is intended for managers and specialists of the bodies and institutions of the Criminal Justice System, researchers, teachers of higher educational institutions who train specialists for law enforcement agencies.


1977 ◽  
Vol 23 (2) ◽  
pp. 101-102
Author(s):  
Ray R. Price

Until recently the female offender was generally overlooked by an overwhelmingly male-dominated criminal justice system. Information derived from an extensive search of the literature illustrates the dramatic increase of female crime; it further suggests the potential for modifying the sexist nature of the criminal justice system. Questions are raised about some popular misconceptions pertaining to the data. A review of the history of women's involvement as subjects of the criminal justice system in general, and correction in particular, reveals disparate treatment for men and women throughout that process. Both positive and negative effects of this orientation are examined. The article then focuses on rehabilitation. Attention is directed to particular suggestions for reform, leading to a postulation of new directions in treatment of the female offender.


Author(s):  
Thomas L. Hafemeister

High-profile cases have drawn considerable attention to society’s ongoing struggle with how to approach and manage cases involving criminal offenders with a mental disorder. In these cases questions arise whether it is fair and just a) to conduct criminal proceedings while a defendant is experiencing a mental disorder and b) to hold individuals who were experiencing a mental disorder at the time of the crime fully accountable for their actions and punish them accordingly. What, if any, special rules and procedures should be employed? No set of issues poses a greater challenge to the criminal justice system than how to respond to individuals whose criminal actions can be attributed to a mental disorder or are experiencing a mental disorder during the course of their trial. Indeed, these cases illuminate who we are as a society.


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.


1977 ◽  
Vol 23 (2) ◽  
pp. 101-108 ◽  
Author(s):  
Ray R. Price

Until recently the female offender was generally overlooked by an overwhelmingly male-dominated criminal justice system. Information derived from an extensive search of the literature illustrates the dramatic increase of female crime; it further suggests the potential for modifying the sexist nature of the criminal justice system. Questions are raised about some popular misconceptions pertaining to the data. A review of the history of women's involvement as subjects of the criminal justice system in general, and correction in particular, reveals disparate treatment for men and women throughout that process. Both positive and negative effects of this orientation are examined. The article then focuses on rehabilitation. Attention is directed to particular suggestions for reform, leading to a postulation of new directions in treatment of the female offender.


2021 ◽  
Vol 9 (3) ◽  
pp. 175-185
Author(s):  
Khalil Ahmad

The present research analyzed the trust of juvenile and women prisoners in the criminal justice system of Pakistan with a focus upon the perceived legitimacy and effectiveness of justice institutions for procedural and distributive fairness. Data were collected from both under-trial and convicted juvenile and women prisoners from Borstal Institute and District Jail Faisalabad respectively. Although larger proportions of the respondents recognized and accepted the authority of various justice institutions for rule of law, a significant number of respondents viewed that justice institutions protect the interests of powerful people and do not represent moral authority. Police lacked the trust of the respondents for procedural fairness in terms of respect, impartiality, and fair treatment. However, courts have been trusted for impartiality and fair treatment compared to police and other justice institutions. The logistic results indicated educational attainment, age, prison status, and income level differently influenced experiences of the prisoners towards procedural and distributive fairness of justice institutions. Younger, illiterate, and under-trial prisoners with relatively low household income levels had low perceived legitimacy of justice institutions and less trust in the criminal justice system. Low scoring on socio-economic variables seemed to be related to increased vulnerability of the prisoners, in turn, less trust in the criminal justice system.


1999 ◽  
Vol 33 (2) ◽  
pp. 322-338 ◽  
Author(s):  
Tomer Einat

Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal system in Israel. In elaborating alternatives to imprisonment, an integrated model, incorporating welfare and rehabilitation considerations, has emerged. Nevertheless, Israeli judges have remarkably few sentencing alternatives at their disposal, and the penal sanctions available to them can be counted on the fingers of one hand, namely, imprisonment, suspended prison sentence, probation, community service, and the fine.


2016 ◽  
Vol 20 (3) ◽  
pp. 308-328 ◽  
Author(s):  
José A Brandariz-García

When analysing the features of the Spanish criminal justice system from the perspective of the late-democratisation of the Spanish polity, the system's evolution is characterised by an almost uninterrupted penal expansionism and a relatively prominent level of severity. This paper examines those features from the viewpoints of the legal reforms, institutional practices and collective perceptions and expectations experienced since the end of the dictatorial period. In addition, the article explores some reasons which may explain the relatively high punitiveness of the Spanish criminal justice system, before adding a coda on the changes of the penal system fostered by the Great Recession.


Author(s):  
Andrew Skotnicki

The contemporary practice of criminal detention is a protracted exercise in needless violence predicated upon two foundational errors. The first is the inability to view those enmeshed in its rubrics and institutions as human beings fully capable of responding to an affirmative accompaniment rather than maltreatment and invasive forms of therapy. The second is a pervasive dualism that erects an illusory barrier between criminal detainees and those empowered to supervise, punish, and/or rehabilitate them. This book maintains that the criminal justice system can only be “rehabilitated” by eliminating punishment and policies based upon deterrence, rehabilitation, and the hyper-incapacitation of the urban poor in favor of the original justification for the practice of confinement: conversion. The latter will be presented as a progressive expansion of one’s intellectual, moral, and spiritual horizons that is self-generated and leads to the goal of including everyone and everything in a careful embrace.


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