PROBLEMATIC ISSUES OF OPERATION OF SYSTEMS OF ELECTRONIC MONITORING OF CONTROLLED PERSONS IN THE FPS OF RUSSIA AND PROMISING SOLUTIONS

Система электронного мониторинга подучетных лиц (далее - СЭМПЛ) в уголовно-исполнительной системе Российской Федерации положительно себя зарекомендовала, хотя и имеет ряд существенных проблем, связанных с законодательным урегулированием и практическим применением. Существует проблемы по использованию оборудования СЭМПЛ в связи с их недостаточно высокими техническими данными. Так, электронные браслеты функционируют в оптимальном режиме при температуре не ниже пяти градусов Цельсия, однако климатические условия во многих регионах нашей страны значительно суровее (к примеру, территории Крайнего Севера). Еще одним спорным моментом является осуществление контроля за лицом при помощи использования других средств контроля, к примеру, установка камер видеонаблюдения в том жилом помещении, где совместно с подозреваемым или обвиняемым проживают иные лица (родственники). В статье также отмечается, что СЭМПЛ применяется к такой категории преступников, которые совершили преступления небольшой и средней тяжести. Авторы предлагают установить перечень лиц, к которым целесообразно применять определенный набор технических средств мониторинга. Примерная классификация может выглядеть так: лица, которые условно-досрочно освободились из исправительных учреждений; лица, которые были привлечены к ответственности за преступления, связанные с половой свободой и неприкосновенностью; лица, которые были привлечены к уголовной ответственности не один раз. The system of electronic monitoring of controlled persons in the penal system of the Russian Federation (hereinafter referred to as the SAMPL) has proved to be positive in terms of practice for several years, although it has a number of significant problems requiring both legislative settlement and practical application. There are problems with the use of the SAMPL equipment due to insufficient technical data. Thus, electronic bracelets function optimally at a temperature not lower than 5 degrees of centigrade. In many regions of our country, climate conditions are not favourable, such as the territories of the Far North. Another point of contention is the control of the person by other means of control, for example, the installation of video surveillance cameras in the accommodation where other persons (relatives) live together with the suspect or accused. Thus, the SAMPL applies to the category of criminals who have committed misdemeanors and gross misdemeanors. The authors also propose to establish a list of persons to whom it is advisable to apply a certain set of technical monitoring tools. An approximate classification may look like this: persons who were released from correctional institutions on parole; persons who were brought to justice for sexual offences; a category of persons who were brought to criminal responsibility more than once.

Controlling the Boundaries of Morality: The History and Powers of Ayelala Deity

The worship of deities has always been a major religious preoccupation among the Yoruba. Among these deities is Ayelala, a water goddess, who is not only worshiped with pomp and pageantry but also highly revered and respected for its judicial powers. As a deity of retribution and justice, Ayelala is believed to possess great powers which she uses against varying forms of social vice, such as armed robbery, sexual offences, and witchcraft to mention a few. Ayelala is reputed for seeking vengeance when the offender has forgotten her or his crime, and strikes her victims by inflicting on them bodily swelling and in few cases, dryness. Such is Ayelala’s overwhelming power and potency that the deity seeks to control the boundaries of morality and at the same time forms amajor bulwark against societal impropriety. Our article examines the history of Ayelala, being one of the popular deities worshipped in coastal Yorubaland. It also interrogates how the deity’s power stems from the importance of boundaries and difference, insofar as these warrant the strict obedience of individuals, their families and the society as a whole to the prevailing set of moral demands. The article contends that beyond the narratives of power, potency and retribution, Ayelala’s role as an arbiter of justice underscores the importance of civic values held within communities where the deity is worshipped – which are also values that undergird intergroup relations. Though Ayelala worship is pervasive among the Ilaje, Ikale and Ijaw-Apoi communities of Ondo state, Nigeria, the deity is also linked with other neighboring and distant communities which highlight the unifying tendencies of a common religion and deity belief among different sub-ethnic groups.

Online child sexual exploitation material: A comparison from police data on men charged with child sexual exploitation material exclusively and men charged with contact child sexual abuse exclusively

We do not know whether men who access Child Sexual Exploitation Material (CSEM) are contact child-sex offenders using technology - or a new and different type of child sex offender. This study compares men who were charged with Contact Child Sexual Abuse (CCSA) (n = 95) exclusively, and men who were charged with offences involving online CSEM (n = 99) exclusively. This is the first study of its kind in Australia, the first to divide participants into mutually exclusive offending type groups and to do this using police data. Logistic regression results indicated that CSEM offenders were significantly more likely to be older, more likely to be employed, have fewer criminal charges and supervision violations compared to CCSA offenders. The findings further highlighted the heterogeneity of those charged with child sexual offences based on offence typology. The identification of demographic, lifestyle and interpersonal characteristic differences between online CSEM and CCSA offenders’ questions the use of uniform approaches to community supervision and treatment protocols. The implications of these findings are discussed in light of an increased volume of people charged with CSEM offences.

Moral Foundations Theory and Attitudes Towards the Punishment and Criminalisation of Drug Offenders

<p>Research on punitive attitudes has generally found some level of consensus on the relative seriousness of different offence types. However, how to approach the issue of drug offending is often a heavily debated issue, with some portions of society supporting harsh punishments for drug offenders, and others arguing for no sanctions at all. The current study, using both a student and general population sample, aimed to identify the underlying moral reasons behind these attitudes. Participants completed the Moral Foundations Questionnaire, a scale measuring the factors that influence a person’s moral judgment, as well as numerous other scales that measured their punishment responses towards a variety of drug, harm, and ‘taboo’ sexual offences and practices. The endorsement of binding moral foundations, those relating to group-based moral concerns, was found to be a predictor of increased overall levels of punitiveness, while the endorsement of the foundation of purity was found to predict punitive attitudes towards drug offences and ‘taboo’ sexual practices, but not harm offences. Additionally, there were significant links between participants’ levels of moral outrage, their preference for punishment, and their support for the criminalisation of the various offences. The results of this study suggest that punishment responses towards both drug offences and ‘taboo’ sexual practices rely on a similar moral reasoning process, one that relies on perceptions of impurity to inform the wrongfulness of an offence.</p>

Moral Foundations Theory and Attitudes Towards the Punishment and Criminalisation of Drug Offenders

<p>Research on punitive attitudes has generally found some level of consensus on the relative seriousness of different offence types. However, how to approach the issue of drug offending is often a heavily debated issue, with some portions of society supporting harsh punishments for drug offenders, and others arguing for no sanctions at all. The current study, using both a student and general population sample, aimed to identify the underlying moral reasons behind these attitudes. Participants completed the Moral Foundations Questionnaire, a scale measuring the factors that influence a person’s moral judgment, as well as numerous other scales that measured their punishment responses towards a variety of drug, harm, and ‘taboo’ sexual offences and practices. The endorsement of binding moral foundations, those relating to group-based moral concerns, was found to be a predictor of increased overall levels of punitiveness, while the endorsement of the foundation of purity was found to predict punitive attitudes towards drug offences and ‘taboo’ sexual practices, but not harm offences. Additionally, there were significant links between participants’ levels of moral outrage, their preference for punishment, and their support for the criminalisation of the various offences. The results of this study suggest that punishment responses towards both drug offences and ‘taboo’ sexual practices rely on a similar moral reasoning process, one that relies on perceptions of impurity to inform the wrongfulness of an offence.</p>

The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation of all human rights violations cannot be done comprehensively. This article takes a thematic turn and evaluates the aspects of the right to education of the refugee girl child. It sets the tone by reflecting on the normative framework of the right to education of the refugee child at the international, regional and national levels. This is followed by a discussion of the violation of this right in situations of conflict and host States like Kenya. Drawing on the jurisprudence of the African Committee on the Rights and Welfare of the Child, insights on the improvement of the enjoyment of this right are engaged. A conclusion and recommendations follow.

Causing or inciting sexual activity with persons who have a mental disorder

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers