Postscript: From Forced Labour to Penal Servitude

2020 ◽  
pp. 150-162
Author(s):  
Giuseppe Pelli
Keyword(s):  
Criminal Justice ◽  
Death Penalty ◽  
Church Leaders ◽  
Forced Labour ◽  
The Impact ◽  
Hard Labour

This chapter discusses the impact of Cesare Beccaria's work on philosophers, jurists, politicians and church leaders in Italy and abroad. The debates and controversies that it provoked concerned far more than the death penalty, for he had surveyed the whole system of criminal justice with a fiercely critical eye. It reviews Beccaria's surrogate penalty of hard labour, which has received rather less attention than his views on the death penalty and other aspects of criminal justice. The chapter also explores the process by which the favoured surrogate penalty of the two Italian reformers (for Giuseppe Pelli as well as Beccaria advocated forced labour) evolved into the punishment that is routinely characterised as 'penal servitude' by contemporary legal historians and criminologists. Ultimately, the chapter investigates preliminary observations of Beccaria's surrogate penalty as slavery or servitude, and both Pelli and Beccaria's reference to their preferred alternative punishment as forced labour, not as imprisonment at hard labour.

The Impact of Crime Victimization and Fear of Crime on Attitudes Toward Death Penalty Defendants

1987 ◽  
Vol 2 (2) ◽  
pp. 99-114 ◽  
Author(s):  
Rick Seltzer ◽  
Joseph P. McCormick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Justice System ◽  
Fear Of Crime ◽  
Crime Victimization ◽  
Attitudes Toward Death ◽  
The Impact ◽  
Mitigating Circumstances ◽  
Penalty Phase

A 1983 telephone survey of 610 respondents in two Maryland counties found that the general disposition of the respondents toward the criminal justice system was a better predictor of abstract attitudes toward the death penalty than either the respondents’ fear of becoming crime victims or whether they had been victims of crime. Yet respondents’ fear of crime victimization was a better predictor of their willingness to impose the death penalty or to accept mitigating circumstances during the penalty phase of a capital case than their abstract attitudes toward the criminal justice system. Respondents who were “somewhat” afraid of crime victimization were less likely to support the death penalty than were respondents who were “very” afraid or “not” afraid of victimization. These findings indicate that previous research on the death penalty may have been flawed because the wording of the questions asked was too abstract and unidimensional.

Examination of Decision Making and Botched Lethal Injection Executions in Texas

2020 ◽  
Vol 64 (12) ◽  
pp. 1715-1732
Author(s):  
Talia Roitberg Harmon ◽  
Michael Cassidy ◽  
Richelle Kloch
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Death Penalty ◽  
Single Drug ◽  
Lethal Injection ◽  
Injection Protocol ◽  
The One ◽  
The Impact ◽  
The U.S ◽  
Analyze Data

This research examines the influence of lethal injection drug shortages on Texas criminal justice officials’ decision to change the state’s three-drug lethal injection protocol to the use of pentobarbital as a single drug protocol, without judicial oversight. We analyze data collected under the three- and one-drug protocols from 1982 through 2020 and compare differences in the length of time the lethal injection took, and complications reported by media witnesses. Findings suggest a higher rate of botched executions under the one-drug protocol than the three-drug protocol. We discuss the role compounding pharmacies may play in our results, the impact of this work on the U.S. Supreme Court’s death penalty jurisprudence, and implications concerning the unilateral decision making by Texas state officials.

Longing for Home: The Impact of COVID-19 on Cambodian Evangelical Life

2020 ◽  
Vol 26 (3) ◽  
pp. 281-297
Author(s):  
Briana Wong
Keyword(s):  
Spiritual Leadership ◽  
Religious Practice ◽  
The United States ◽  
Church Leaders ◽  
Capital City ◽  
Phnom Penh ◽  
Mass Displacement ◽  
Interpersonal Connectedness ◽  
Indigenous Religions ◽  
The Impact

In Cambodia, the government's response to the COVID-19 crisis intersected with religious practice this year, as April played host both to the Christian Holy Week and the Cambodian New Year holiday, rooted in Cambodian Buddhism and indigenous religions. Typically, the Cambodian New Year celebration involves the near-complete shutting down of Phnom Penh, allowing for residents of the capital city to spend the New Year with their families in the countryside. Many Christians stay with their parents or other relatives, who remain primarily Theravada Buddhist, in the rural provinces throughout Holy Week, missing Easter Sunday services to participate in New Year's festivities at their ancestral homes. In light of the government's precautionary cancellation of the all-encompassing festivities surrounding the Cambodian New Year this spring, Christians who have previously spent Easter Sunday addressing controversial questions of interreligious interaction notably focused this year, through online broadcasting, on the resurrection of Jesus. In the United States, the near elimination of in-person gatherings has blurred the boundaries between the ministry roles of recognised church leaders and lay Christians, often women, who have long been leading unofficial services and devotionals over the phone and internet. In this article, I argue that the COVID-19 crisis, with its concomitant mass displacement of church communities from the physical to the technological realm, has impacted transnational Cambodian evangelicalism by establishing greater liturgical alignment between churches in Cambodia and in the diaspora, democratising spiritual leadership and increasing opportunities for interpersonal connectedness within the Cambodian evangelical community worldwide.

THE ADJUDICATION OF HOMICIDE IN COLONIAL GHANA: THE IMPACT OF THE KNOWLES MURDER CASE

2011 ◽  
Vol 52 (1) ◽  
pp. 85-104 ◽  
Author(s):  
ROGER GOCKING
Keyword(s):  
Criminal Justice ◽  
Gold Coast ◽  
The Other ◽  
Government Official ◽  
Jury Trial ◽  
Legal Counsel ◽  
Capital Crimes ◽  
The Right ◽  
Colonial Government ◽  
The Impact

ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.

scholarly journals The Gendered Path for Girls in Rural Communities: The Impact of COVID-19 on Youth Presenting at Juvenile Detention Facilities

2021 ◽  
pp. 001112872110226
Author(s):  
April N. Terry ◽  
Ashley Lockwood ◽  
Morgan Steele ◽  
Megan Milner
Keyword(s):  
Criminal Justice ◽  
Rural Communities ◽  
Juvenile Justice ◽  
Urban Areas ◽  
Juvenile Detention ◽  
Rural And Urban ◽  
Criminal Justice Systems ◽  
Court Processing ◽  
The Impact ◽  
Detention Facilities

Prior to the COVID-19 pandemic, girls and women represented one of the fastest growing populations within the juvenile and criminal justice systems. Since the spread of COVID-19, suggestions were provided to juvenile justice bodies, encouraging a reduction of youth arrests, detainments, and quicker court processing. Yet, the research comparing peri-COVID-19 changes for girls and boys is lacking, with an oversight to gender trends and rural and urban differences. This study used Juvenile Intake and Assessment Center (JIAC) data from a rural Midwestern state to look at rural and urban location trends for both boys and girls. Results suggest rural communities are responding differently to girls’ behaviors, revealing a slower decline in intakes compared to boys and youth in urban areas.

The Quest for Coherence in Kenya’s Judicial Sentencing Policy: A Review of the Jurisprudence Following the Muruatetu Case

2021 ◽  
Vol 2021 (1) ◽  
pp. 142-149
Author(s):  
Phyllis Ngugi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Justice System ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Sentencing Guidelines ◽  
Trial Court ◽  
The Supreme Court ◽  
Sentencing Policy

The Supreme Court decision in the now-infamous case Francis Karioko Muruatetu v Republic1 seemed to settle the enduring debate whether sentencing is a judicial or a legislative function. The court’s ruling was that sentencing is a judicial function and that the mandatory nature of the death penalty for murder2 was unconstitutional because it took away the courts’ discretion to determine a just and proportionate punishment to impose on a convicted person. In its judgment, the court ordered that the judiciary sentencing policy3 be revised to reflect the court’s guidelines on the obligation of courts to listen to the accused’s mitigation before sentencing. The court also directed that a framework for sentence rehearing be prepared immediately to allow applicants who had been sentenced in circumstances similar to those of the petitioners to apply for sentence a rehearing from the trial court. This article examines the aftermath of this judgment in terms of whether the Supreme Court’s decision helped to cure the challenge that lies in the current sentencing process; achieving coherence and proportionality in the sentencing process. By using jurisprudential arguments, we intend to demonstrate that, despite the court’s direction to all courts to ensure that no person should be subjected to a disproportionate sentence, the problem of disproportional sentencing is one that goes beyond merely reviewing of the sentencing guidelines but also demands a reform of the entire criminal justice system.

Overcoming the Challenges of Experimental Research: Lessons From a Criminal Justice Case Study Involving TASER Exposure

2018 ◽  
Vol 42 (3) ◽  
pp. 358-385 ◽  
Author(s):  
Natalie Todak ◽  
Michael D. White ◽  
Lisa M. Dario ◽  
Andrea R. Borrego
Keyword(s):  
Criminal Justice ◽  
Large Scale ◽  
Human Subjects ◽  
Controlled Trial ◽  
Human Subjects Research ◽  
Case Study Approach ◽  
Study Approach ◽  
Randomized Controlled ◽  
The Impact

Objective: To provide guidance to criminologists for conducting experiments in light of two common discouraging factors: the belief that they are overly time-consuming and the belief that they can compromise the ethical principles of human subjects’ research. Method: A case study approach is used, based on a large-scale randomized controlled trial experiment in which we exposed participants to a 5-s TASER shock, to describe how the authors overcame ethical, methodological, and logistical difficulties. Results: We derive four pieces of advice from our experiences carrying out this experimental trial: (1) know your limitations, (2) employ pilot testing, (3) remain flexible and patient, and (4) “hold the line” to maintain the integrity of the research and the safety of human subjects. Conclusions: Criminologists have an obligation to provide the best possible evidence regarding the impact and consequences of criminal justice practices and programs. Experiments, considered by many to be the gold standard of empirical research methodologies, should be used whenever possible in order to fulfill this obligation.

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