scholarly journals Mapping the Conditions of Penal Hope

2013 ◽  
Vol 2 (3) ◽  
pp. 27-42 ◽  
Author(s):  
David Brown

This article examines the conditions of penal optimism behind suggestions that the penal expansionism of the last three decades may be at a ‘turning point’. The article proceeds by outlining David Green’s suggested catalysts of penal reform and considers how applicable they are in the Australian context. Green’s suggested catalysts are: the cycles and saturation thesis; shifts in the dominant conception of the offender; the GFC and budgetary constraints; the drop in crime; the emergence of the prisoner re-entry movement; apparent shifts in public opinion; the influence of evangelical Christian ideas and the Right on Crime initiative. The article then considers a number of other possible catalysts or forces: the role of trade unions; the role of courts; the emergence of recidivism as a political issue; the influence of ’evidence based’/’what works’’ discourse; and the emergence of justice reinvestment (JR). The article concludes with some comments about the capacity of criminology and criminologists to contribute to penal reductionism, offering an optimistic assessment for the prospects of a reflexive criminology that engages in and engenders a wider politics around criminal justice issues.

Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).


2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.


2010 ◽  
Vol 42 (2) ◽  
pp. 269-290 ◽  
Author(s):  
Mara A. Leichtman

The July 2006 Lebanon war was an important turning point for West African Lebanese. For the first time since their formation as a community, the Lebanese in Senegal organized a demonstration in Dakar displaying solidarity with Lebanon. This protest illuminates the dynamics between global forces and local responses. Hizbullah's effectiveness in winning the international public opinion of both Sunni and Shiʿi Muslims in the war against Israel led to a surge in Lebanese diaspora identification, even among communities who had not been similarly affected by previous Lebanese wars. By analyzing the role of a Lebanese shaykh in bringing religious rituals and a Lebanese national identity to the community in Senegal, this article explores how members of the community maintain political ties to Lebanon even when they have never visited the “homeland” and sheds new light on the relationship among religion, migration, and (trans)nationalism.


UK Politics ◽  
2021 ◽  
pp. 195-219
Author(s):  
Andrew Blick

This chapter discusses the way in which political ideas are put forward and relates this to the forming and mobilization of political opinions. It looks the forms of communication used, the means of ‘media’ for transmission; the approach that political parties and government take towards it; and the influence it can exert from within the democratic system. The chapter looks at how people transmit information and how organizations do too. An important element of this discussion is how people form political opinions in the first place and how they make decisions based on them. A key question is: how can the right to vote be used to transmit and impact a political view point? The chapter also examines the role of social media and recent phenomena such as ‘fake news’. It also asks: how can public opinion be measured? The chapter provides a number of theoretical perspectives and real-life examples: the ‘Leveson Inquiry’ of 2011–12 and what it revealed about political communication and the online parliamentary petitioning process. Finally, the chapter explores a debate about whether the Internet has made political communication more supportive of democracy.


2020 ◽  
Vol 8 (2) ◽  
pp. 203-213
Author(s):  
Sanjay Kumar ◽  
Pranav Gupta

This article explores popular support for two key dimensions of the Bharatiya Janata Party’s recent ideological dominance in Indian politics. We examine public opinion on assertive nationalism and religious conservatism. The article analyses data from an individual-level survey conducted among voters across 12 states across the country in 2018. We find that public opinion is largely sympathetic towards the ideological positions held by the right on these dimensions. Moreover, ideological resonance transcends various socio-economic cleavages, and there is high support even among non-core segments of the BJP’s social coalition. We also find suggestive evidence for the role of nationalism in expanding the BJP’s support base.


2019 ◽  
Vol 6 (2) ◽  
pp. 147-152
Author(s):  
Nelufer Yesmen

The study focused on realizing the condition of crime victim and it is a tearing problem in Bangladesh. Police are the principal delegates of the criminal justice system local jurisdictions across the country face significant challenges in criminal justice. The particular sorts of crime and criminal justice problems that local governments face change extensively the nation over. To observe the nature of crime victimization in Bangladesh and try to find out the factors and their legal appreciations is the objectives of this study. In addition, secondary method and data is used for fulfillment of the study. There are some factors increase the visibility of victims i.e. role of media, the higher public profile etc. The victim is weak in relation to the offender – the ‘ideal victim’ is likely to be a female, sick, very old or very young and victim is blameless for what happened. Victims suffer from trauma resulted from the crime. Legal appreciation of victims’ right is, the Code of Criminal Procedure 1898, Section 545 (1 & 2) and section 546 recognized the right of compensation, but the opportunity was hardly available.  


Significance The draft law was presented by Labour Minister Myriam El Khomry in late February and aims at introducing more flexibility in France's rigid labour market. The government has led a promotional campaign in favour of the reform, against a backdrop of opposition from trade unions, students and public opinion. Valls has watered down the most controversial proposals but even in its current state the proposed reform would be a significant step forward. Impacts The government will need to assemble a diverse majority spanning the centre-left to the centre-right in order to pass the draft law by July. Reformist trade unions support the revised version of the law but more militant unions maintain their opposition. The right wing and the main employer association oppose the revised draft which they consider not favourable enough to companies.


2020 ◽  
Author(s):  
Albert Wirya ◽  
Ajeng Larasati ◽  
Sofia Gruskin ◽  
Laura Ferguson

Abstract Background All around the world, the paralegal program prepares members of marginalized communities to face the legal system. Having a common background with their clients and being capable of conducting flexible work, paralegals’ role moves beyond enlarging the beneficiaries of legal aid to addressing intersectional issues around health-related rights. This study assesses the impact on the health-related rights of paralegals recruited by Lembaga Bantuan Hukum Masyarakat (LBHM) which operates in Jakarta, Indonesia. The positive results these paralegals can bring in the specific context can contribute to the development of community-based paralegals elsewhere. Methods This mixed methods research was carried out in 2016-2018. In 2016, a quantitative survey was administered to LBHM-trained paralegals and a sub-set of paralegals were also interviewed. Quantitative data were analysed using SPSS, and, for the qualitative data, thematic analysis was conducted. Results The paralegals make important contributions to health-related rights in four distinct ways. Firstly, most of the paralegals checked their clients’ health in all stages of detention, especially regarding their drug dependency status and checking for signs of torture. Secondly, paralegals help clients to be more aware of their medical status by providing information about available health services. Thirdly, paralegals can ensure that their clients obtain health services by taking medicines directly to the clients or encouraging the law enforcement agencies to refer the clients to health services. Lastly, in drug cases, paralegals help their clients to obtain alternative sentences besides imprisonment. Conclusions These four contributions verify the positive impacts paralegals, recruited from marginalized communities, can deliver for community members facing criminal justice processes. The shifting role of paralegals from merely an intermediary between clients and lawyers to champions of the health-related rights of their clients can happen as a result of adequate training, support, and networks with other agents in criminal justice system.


Legal Ukraine ◽  
2019 ◽  
pp. 38-47
Author(s):  
Svetlana Sharenko

The article deals with legal regulation of the procedural status of an investigating judge. The author examines the standards that are formulated in the relevant international legal acts, in the practice of the ECHR, in the positions expressed by European experts, and relates to the activities of an investigating judge. They are classified into three groups: (a) Standards defining as a whole the requirements for the place and role of the court in the implementation of criminal justice, and therefore extend to all judicial functions, including judicial control function; b) standards defining the requirements for the organization and implementation of the judicial control function at the stage of pre-trial investigation; c) standards that determine the requirements for observance of human rights and freedoms, and thus serve as guiding points for subjects exercising judicial control powers. Standards defining in general the requirement for the place and role of the court in the implementation of criminal justice (such as the availability of justice, binding judgments, fair trial, due process hearing, equality before the law and the court, parties’ competition, transparency of the judicial system etc.), as well as standards that define requirements for the observance of human rights and freedoms (such as the right to liberty and security of person, the right to respect for private life, the right to protection, etc.) have already been sufficiently studied at the level of special investigations. The subject of this study is international standards, which determine the requirements for the organization and implementation of judicial control at the stage of pre-trial investigation. The author examines the standards of protection of constitutional rights by the court, a standard for clearly demarcating the role of investigator, prosecutor and investigating judge in order to ensure real competition at the stage of pre-trial investigation; the standard of the materiality of the right of restriction; standard of urgency of judicial control; the standard of the prohibition of the participation of an investigating judge in the examination of the merits. Key words: standards of activity of an investigating judge, judicial control powers, judicial control, the investigating judge.


Author(s):  
Wulan Widari Indah

ABSTRAK Restitusi merupakan pembayaran ganti kerugian yang dibebankan kepada pelaku berdasarkan putusan pengadilan yang berkekuatan hukum tetap atas kerugian materiil dan/atau immateriil yang diderita korban atau ahli warisnya. Masalah pokok dalam penelitian ini adalah bagaimanakah restitusi terhadap korban anak berdasarkan Peraturan PerUndang-Undangan dan bagaimanakah gagasan restitusi terhadap korban anak terkait peranan lembaga perlindungan saksi dan korban dalam penanganan perkara pidana. Metode penelitian yang digunakan adalah dalam penelitian ini, penulis menggunakan penelitian hukum normative yaitu penelitian hukum kepustakaan (Library Research), yaitu metode pengumpulan data dengan mempelajari buku-buku, peraturan perundang-undangan, serta tulisan-tulisan yang terkait dengan penelitian ini. Sifat penelitiannya, penelitian ini bersifat deskriptif analitis, yaitu memberikan gambaran suatu kejadian yang terjadi secara jelas dan terperinci tentang gagasan terhadap restitusi korban anak terkait lembaga perlindungan saksi dan korban dalam penanganan perkara pidana.Dari hasil penelitian dapat disimpulkan, Restitusi terhadap korban anak berdasarkan peraturan perundang-undangan yang berlaku dalam pelaksanaan tanggungjawab pelaku tindak pidana, pelaku tindak pidana yang pertamaadalahpelakutindakpidana yang tidak mampu secara keuangan. Restitusi anak memiliki kelemahanya itu tidak terdapatnya alat pemaksa dalam pelaksaan kewajiban restitusinya. Pelaku tindak pidana yang kedua adalah pelaku yang masih anak-anak. Dalam hal ini, pelaku yang masih anak-anak tidak dapat di bebankan kewajiban restitusi. Hal ini didasari oleh konsep diversi yang terdapat dalam Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Anak, dimana konsep diversi ini mengatur mengenai pengalihan perkara anak dari proses peradilan pidana menjadi proses di luar peradilan pidana. Apabila pelaku yang melakukan tindak pidana adalah anak-anak maka akan dilakukan proses mediasi antara pihak keluarga korban tindak pidana dengan pelaku tindak pidana sehingga mencapai hasil damai di antara para pihak. Dan gagasan restitusi terhadap korban anak terkait peranan lembaga perlindungan saksi dan korban dalam penanganan perkara pidana yaitu dimana restitusi anak diajukan oleh pihak keluarga korban yang terdiriatas orang tua atau wali anak yang menjadi korban tindak pidana, ahli waris anak yang menjadi korban tindak pidana dan orang yang diberi kuasa oleh orang tua, wali atau ahli waris anak yang menjadi korban tindak pidana. Restitusi anak memiliki kekhususan yaitu pengajuan permohonan restitusi tidak hanya dapat diajukan oleh pihak anak korban tindak pidana, namun penyidik berkewajiban untuk memberitahukan kepada pihak anak korban bahwa mereka memiliki hak untuk mengajukan restitusi dan pihak penyidik wajib mendampingi pengajuan kepada Lembaga Perlindungan Saksi dan Korban (LPSK).Kata Kunci: gagasan; restitusi korban anak; lembaga perlindungan saksi dan korbanABSTRACTRestitution is the payment of compensation which is charged to the offender based on a court decision that has permanent legal force for material and/or immaterial losses suffered by the victim or his heir. The main problem in this research is how the restitution of child victims is based on the Statutory Regulations and how the idea of restitution of child victims is related to the role of witness and victim protection institutions in handling criminal cases.The research method used is in this study, the author uses normative legal research that is library research, which is a method of collecting data by studying books, legislation, and writings related to this research. The nature of the research, this research is analytical descriptive, which provides a clear and detailed description of an incident that occurred on the idea of restitution of child victims related to witness and victim protection institutions in handling criminal cases.From the results of the study it can be concluded, Restitution of child victims is based on legislation in force in the implementation of the responsibility of the perpetrators of crime, the first offender is a criminal offender who is financially incapable. Children's restitution has the disadvantage that there is no coercive tool in carrying out its restitution obligations. The second criminal offender is a child offender. In this case, the perpetrators who are still children cannot be charged restitution obligations. This is based on the concept of diversion contained in Law No. 11 of 2012 concerning the Juvenile Justice System, where the concept of diversion regulates the transfer of child cases from criminal justice processes to processes outside of criminal justice. If the offender is a child, a mediation process will be conducted between the families of the victims of the crime and the perpetrators of the crime so as to achieve a peaceful outcome between the parties. And the idea of restitution of child victims is related to the role of witness and victim protection institutions in handling criminal cases, wherein the restitution of children is submitted by the victim's family consisting of parents or guardians of children who are victims of crime, child heirs who are victims of criminal acts and persons who is authorized by a parent, guardian or child heir who is a victim of a criminal offense. Child restitution has the specificity that submission of a request for restitution can not only be submitted by a child victim of a crime, but the investigator is obliged to inform the child victims that they have the right to apply for restitution and the investigator must accompany the submission to the Witness and Victim Protection Agency (LPSK).Keywords: ideas; child victim restitution; witness and victim protection institutions


Sign in / Sign up

Export Citation Format

Share Document