CORRUPTION IN THE PENAL SYSTEM: CRIMINOLOGICAL ASPECTS

2021 ◽  
pp. 71-75
Author(s):  
Сергей Андреевич Сивцов
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Preventive Measures ◽  
Point Of View ◽  
Broad Sense ◽  
Criminal Investigation ◽  
Penal System ◽  
Illegal Acts ◽  
Main Component

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.

Efficiency and effectiveness of the penitentiary system: assessment and planning

2021 ◽  
Author(s):  
Valeriy Terehin ◽  
Viktor Chernyshov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Losses ◽  
Educational Institutions ◽  
Penal System ◽  
Law Enforcement Agencies ◽  
Predictive Values ◽  
The Public ◽  
Efficiency And Effectiveness

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.

scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

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.

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

2021 ◽  
pp. 166-178
Author(s):  
Irina M. Erlihson ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Social History ◽  
Cultural Context ◽  
Justice System ◽  
Public Discourse ◽  
18Th Century ◽  
Emotional Reactions ◽  
Point Of View ◽  
Psychological State

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.

Toward a Rational Doctrine of Rehabilitation

1973 ◽  
Vol 19 (2) ◽  
pp. 228-240
Author(s):  
H.H.A. Cooper
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Religious Conversion ◽  
Integrated Approach ◽  
Point Of View ◽  
Therapeutic Goals ◽  
The Moment ◽  
The Impact ◽  
Point Of Departure

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.

Środki zabezpieczające dla sprawców przestępstw popełnionych w związku z uzależnieniem w świetle ustawy z dnia 20 lutego 2015 r. o zmianie ustawy – Kodeks karny oraz niektórych innych ustaw – „noweli lutowej”

2019 ◽  
Vol 78 ◽  
pp. 474-496
Author(s):  
Maciej Tygielski
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Preventive Measures ◽  
Security Measures ◽  
Actual Position ◽  
Administration Of Justice ◽  
Efficiency And Effectiveness

This article is focused on the actual position of security measures applicable to addicted offenders in the criminal justice system as well as in the Polish penal debate. The most important problems that occurred in this context were: intersection of medical and juridical authorities in administration of justice (with domination of the experts appointed by the court), protection of the inmates rights and the possibilities of reduction of the isolation penalties and introducing forms of penal reaction that are adapted to specific criminal etiology. Reflections regarding the amendment that took effect on the 1 of July 2015 were conducted in the fields of law-abidingness, efficiency and effectiveness of the preventive measures. The obtained results allow to appraise positively such specific solutions in general, but also show their limits, organizational difficulties and potential threats.

Inappropriate Adults? A Review of the Current Use of Appropriate Adults in the Criminal Justice System

2020 ◽  
pp. 002201832096354
Author(s):  
Nick Dent ◽  
Sean O’Beirne
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Vital Role ◽  
Criminal Investigation ◽  
Codes Of Practice ◽  
Vulnerable People ◽  
The Status ◽  
Procedural Safeguard ◽  
Missed Opportunity

Appropriate Adults (AAs) are an important procedural safeguard for young and vulnerable people in a criminal investigation. The significance of their role is recognised by Parliament in the Police and Criminal Evidence Act 1984 (PACE) and the appending Codes of Practice, most notably Code C. However, the ability of AAs as to perform their role is being impeded by a lack of clarity around their status and the rules that they are governed by. Often at the behest of lawyers, AAs are excluded from the conversations which lawyers have with their clients as a pragmatic solution to the uncertainty in the status of AAs. This means that AAs are rarely able to properly perform their vital role. Consequently, vulnerable people are not receiving the meaningful support they should receive. This represents a missed opportunity to protect the rights and interests of vulnerable people in the criminal justice system. When AAs are deployed effectively and appropriately, they can empower young or vulnerable suspects in an adversarial criminal justice system which, in turn, can help recalibrate the scales of justice to allow for a fairer outcome. This article will examine and critique the state of the current law, clarify the law on Legal Professional Privilege (LPP) and how that relates to Aas and propose a modest incremental extension to the principles of confidentiality to cover confidential discussions between AAs and young or vulnerable people in the criminal justice system.

scholarly journals Moral Origins — Reasonable Doubts

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 62-64
Author(s):  
Elena V. Selina ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mission Statement ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Moral Principles ◽  
History Of ◽  
The Law

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.

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

Temida ◽  
2012 ◽  
Vol 15 (4) ◽  
pp. 73-88
Author(s):  
Milica Kovacevic
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Criminal Justice System ◽  
Justice System ◽  
Women Prisoners ◽  
Penal System ◽  
Female Crime ◽  
Specific Factors ◽  
Special Rules ◽  
International Document

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.

scholarly journals Illegal Detectorism and Archaeological Heritage: Criminal and Administrative Punitive Systems in Spain

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Ana Yáñez
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Public Authorities ◽  
Archaeological Heritage ◽  
The Public ◽  
Broad View ◽  
Illegal Acts ◽  
Metal Detectors

AbstractThis paper details the punitive responses that Spain’s legal system has established for attacks on archaeological goods through the use of metal detectors. These responses to illegal acts are not the same across the board; sometimes they stem from the criminal justice system (in the most serious cases) and sometimes from the Public Authorities. Below, I have analysed these responses and their scope in an aim to provide a broad view of the different instruments related to the fight against archaeological looting.

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