Exile: Banishment as a Punitive and Coercive Measure

The first of two main chapters, this analyses the exclusion of offenders and what this can tell us about the values of late medieval Kampen society concerning morally acceptable behaviour. This chapter firstly focuses on typologies and quantitative aspects of banishment, such as the number of exiles of various categories. It then discusses the question whether the punishment was mainly used as a punitive or coercive measure, before moving onto the distance and duration of banishments. An important part of this chapter is the discussion of aspects of gender and morality, and of social status, as this provides insights into the values of the town community. Symbolism and ceremony are discussed to establish their role in the application of authority by the magistrates. The final section analyses whether an army of exiles existed beyond Kampen’s walls.

Pain, Penance, and Protest

In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.

Some aspects of police use of extreme coercive measure – firearms

Formation and development of the modern law enforcement system of Ukraine presupposes carrying out of the integral and consistent complex of the actions directed on construction of the effective mechanism of protection of the rights, freedoms and legitimate interests of citizens. Like any legal act, the Law of Ukraine “On the National Police” requires some time to fully implement its provisions in practice, to make additional changes to existing regulations. This Law introduced into scientific circulation the concept of «police measures», which are divided into preventive and coercive, defined the legal basis and restrictions on their use. Extreme among coercive measures to stop illegal actions is the use of firearms. It is the misuse of firearms by workers that leads to high-profile high-profile events in a society that negatively affects the trust of ordinary citizens in the police. In order to exercise the powers granted by law, a police officer must not only have an appropriate level of professional training, high responsibility, but also must undergo special training and subsequently undergo annual periodic testing for the ability to take action related to the application of these measures. In this regard, there is a need to conduct a scientific analysis, during which to reveal the grounds and procedure for the application of extreme coercive measures by the National Police, to identify gaps in legislation on these issues, the powers of the police during the application of this measure and responsibility for exceeding these powers.

Powers of a party in administrative enforcement proceedings

Enforcement in administrative enforcement proceedings consists in the establishment by a competent public administration body of a state coercive measure in order to fulfill public-law obligations. Thus, administrative enforcement is a form of direct interference by public administration bodies in the sphere of rights and freedoms of an individual, which means that it is subject to legal regulation. In order to provide an individual with protection against unjustified interference with their rights and freedoms, the possibility of applying legal measures against acts and enforcement actions against them was granted.

The Legitimacy of Bougainville Secession from Papua New Guinea

What started as a movement to demand a distributive justice in mining revenue in Bougainville, Papua New Guinea, the conflict turned into the struggle for secession. From 1970’s the demand for secession have been rife and despite early agreement for more autonomy and more mining revenue for the autonomous region, the demand never faded. Under Francis Ona’s Bougainville Revolutionary Army, the movement take a new heights. Bougainville Revolutionary Army took coercive measure to push the government to acknowledge their demands by taking over the mine at Panguna. Papua New Guinean government response was also combative and further exacerbate the issue. Papua New Guinean Defense Force involvement adding the issue of human rights into the discourse. This paper will seek to analyze the normative question surrounding the legitimacy of the right to secession in Bougainville Island. The protracted conflict has halted any form of development in the once the most prosperous province of Papua New Guinea and should Bougainville Island become independent, several challenges will be waiting for Bougainvilleans.

Patients’ perception of coercion with respect to antipsychotic treatment of psychotic disorders and its predictors

Purpose The present study investigates perceived coercion in psychiatric inpatients under prescribed antipsychotic medication without a court order. The objective of this study was to investigate whether and to what extent involuntary and voluntary inpatients feel coerced to take their medication and which factors affect perceived coercion. Methods Voluntarily and involuntarily admitted patients (55 and 36, respectively) were interviewed about the extent of perceived coercion. In addition, socio-demographic and clinical data were collected. The Admission Experience Scale (aAES) was used to assess perceived coercion concerning medication. To measure insight into illness, attitude towards medication, and symptom severity, we used a questionnaire on insight into illness (FKE-10), the Drug Attitude Inventory (DAI-10), and the Brief Psychiatric Rating Scale (BPRS-24), respectively. Results Voluntarily treated patients experienced significantly less coercion when taking prescribed medication in inpatient settings than involuntarily treated patients. The experience of coercion was not related to socio-demographic or clinical variables nor to the BPRS-24 score, but to insight into illness and attitude towards medication. Patients who had experienced at least one coercive measure during the index hospital stay showed a higher level of perceived coercion. Conclusion Perceived coercion related to medication is dependent on insight into illness and experience of previous coercive interventions rather than on the severity of psychopathological symptoms. These findings are very similar to a previous study in a forensic psychiatric sample. Having experience of at least one coercive measure seems to be a decisive aspect of the extent of the patients’ perceived coercion.

Coercive measure-sequestration for environmental crime

In general there are no many scientific papers on coercive measures determined under Criminal Procedural Code of Georgia. Though, based on aforesaid issue we may not state that aforesaid issues were not subject of controversy and does not include disputable opinions. In this scientific article the author represents legal aspects of sequestration - one of the measures of criminal procedural enforcement. Namely, based on active legislation the author in the article mainly considers essence, importance and application criteria of sequestration as a measure of criminal procedural enforcement. The article also considers achieved and possible results of sequestration as a coercive and enforcement measures and importance of aforesaid results. Article is composed of introduction, three parts and conclusion. Introduction of article refers special recommendation approved by Council of Europe Committee of Ministers in September 17, 1987 under that Parliament of Georgia approved Criminal Procedural Code of Georgia through the third hearing that entered into force from October 10, 2010. Contents of article generally refer legal regulation of sequestration, also emphasizing criteria of tax liability at the time of tax dispute and power criteria of tax authority during the specific tax dispute, also here are reviewed issues of enforcement measures related to disputable tax liability by applying coercive measures under the basis of decision of first instance court.

Court Fine as an Alternative to Criminal Liability

In 2016 the Criminal Code of the Russian Federation was supplemented by article 762 , i.e. an innovative norm on exemption from criminal liability with a court fine. Its novelty is that it provides for: 1) conditional release from criminal liability; 2)the use of a coercive measure against a person who is considered innocent by virtue of the presumption of innocence; 3) its use is associated with the payment of a sum of money to the budget. In addition, the consent of the victim is not required for its application. In practice, there is no uniformity in the interpretation of the new law. The purpose of the paper is to summarize the practice of applying the new norm, conceptualize it and give recommendations on its application. The paper concludes that a court fine is not a liability. Agreeing to pay money to the budget and paying it is a "good deed", a form of making amends for the harm caused by a crime to society as a result of law and order violation. This may be sufficient to release you from liability if there is no victim. The rule on a court fine supplements the norms of the Criminal Code of the Russian Federation on active repentance (article 75) and reconciliation with the victim (article 76) and is especially relevant in the absence of the victim, when the application of these articles is problematic. If there is a victim, the harm caused to him (including moral) must be compensated. The fact that the consent of the victim and the Prosecutor is not required for the application of a court fine does not mean that the court has the right to ignore their opinion.

Temporary suspension of the accused (suspect) from work: gaps in legislative regulation and ways to overcome them

Relevance of the research: In the Russian Federation a temporary suspension from work is provided as a measure of procedural coercion. Many theoretical and practical aspects of the application of this measure have not been fully explored, which complicates law enforcement practice and creates the prerequisites for violating its uniformity.Formulation of the problem: In the science a consensus has not been reached on subjects that may be removed from work. The correlation of temporary dismissal from work as a measure of procedural coercion with dismissal, carried out in a departmental manner. The law does not highlight the grounds for this coercive measure, does not specify the procedure for its election. There are no grounds for canceling a temporary suspension. Objectives and research methods: The aim of the study is to develop an optimal algorithm for applying temporary dismissal from work as a measure of procedural coercion, to determine the circle of subjects to which this measure is applied, to clarify the procedural order of its application, to formulate the grounds for canceling temporary suspension from work. In the work, the method of dialectical materialism was used, which involves the study of phenomena taking into account mutual relations and dependencies. Methods such as formal legal, analysis and synthesis, deduction and induction were also used. Results and key findings: The correlation of the criminal procedure and the “departmental” dismissal is carried out. The grounds for applying this coercive measure are data on the person’s ability to continue to engage in criminal activity and oppose the investigation and judicial examination of the case while on work. Suspension may apply not only to officials, but to any employees, except for deputies and judges. The procedure for suspension from work is generally identical to the procedure for detention. At the hearing, the presence of the accused (suspect) must be ensured.

Topical issues of the improvement of the procedure of registration and counting of restrictive, coercive and disciplinary measures and punishments

The author considers the issue of the necessity and feasibility of regulating the procedure of counting a restrictive measure as a court-imposed disciplinary punishment, counting the served disciplinary term as a term of punishment, and counting the served term as a disciplinary measure. The research subject is the particular provisions of the current legislation regulating the institution of coercive measures and the judicial practice of imposition of restrictive and disciplinary measures on minors, and particular provisions of foreign legislation regulating this sphere. The research methodology is based on the combination of methods of scientific cognition, including the comparative-legal, formal-legal, and statistical methods, and the methods of logic analysis, synthesis, induction, deduction and generalization. The author suggests amending chapter 14 of the Criminal Code of the Russian Federation with a provision regulating the procedure of registration and counting of a restrictive measure when imposing a disciplinary measure, and the term of a served part of the disciplinary measure when defining the term of punishment, and the formal criteria of transforming the imposed punishment into a coercive measure.