penal policy
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2021 ◽  
pp. 147737082110659
Author(s):  
Kristian Mjåland ◽  
Julie Laursen ◽  
Anna Schliehe ◽  
Simon Larmour

Open prisons are portrayed as less harmful custodial institutions than closed prisons, and prison systems that rely more heavily on low security imprisonment are typically considered to have a more humane and less punitive approach to punishment. However, few studies have systematically compared the subjective experiences of prisoners held in open and closed prisons, and no study has yet compared the role and function of open prisons across jurisdictions. Drawing on a survey conducted with prisoners (N = 1082) in 13 prisons in England and Wales and Norway, we provide the first comparative analysis of experiences of imprisonment in closed and open prisons, conducted in countries with diverging penal philosophies (‘neoliberal’ vs. ‘social democratic’). The article documents that open prisons play a much more significant role in Norway than in England and Wales; that prisoners in both countries rate their experience significantly more positively in open compared to closed prisons; and that while imprisonment seems to produce similar kinds of pains in both types of prisons, they are perceived as less severe and more manageable in open prisons. These findings suggest important implications for comparative penology, penal policy, and prison reform.


Author(s):  
Кристина Александровна Насреддинова

Проблемы распространения экстремизма и радикализации общества является одной из первостепенных проблем любого государства. Последствия насильственных преступлений, совершаемых по экстремистским мотивам, всегда поражают своей циничностью, безжалостностью и порождают страх у всего общества. Наши исправительные учреждения тоже столкнулись с проблемами распространения и пропаганды экстремизма среди осужденных со стороны лиц, отбывающих наказание за эти преступления. Однако, как показывает практика, эта проблема актуальна для пенитенциарных учреждений государств всего мира. Поэтому изучение опыта одной из европейских стран представляется интересным с точки зрения заимствования наиболее эффективных профилактических мероприятий при борьбе с экстремизмом. В статье автором анализируются итоги исследования, проведенного в Великобритании, целью которого было изучение масштабов и характера радикализации осужденных в трех тюрьмах строгого режима Англии и Уэльса. В ходе данного исследования был составлен криминологический портрет осужденного, склонного к радикализации, выявлены основные причины распространения экстремизма в тюрьмах, среди которых особенно выделяются проблемы, связанные с сокращением численности сотрудников, увеличением числа вакантных должностей. Кроме того, отсутствие опыта работы именно с осужденными-мусульманами у персонала тюрем, связанного с непониманием ими основ мусульманской религии, ее ценностей, а также отсутствие профессионально подготовленных капелланов, привели к резкому росту экстремизма. Автором изучены все мероприятия, проведенные на уровне уголовно-исполнительной политики государства с целью профилактики экстремизма в тюрьмах. К таким относится создание в 2016 г. нового государственного управления по вопросам безопасности, порядка и борьбы с терроризмом, а также мероприятия, направленные на обучение персонала, координацию деятельности оперативных служб, выявление наиболее «уязвимых» лиц для радикализации, решение кадровых вопросов с подбором персонала. В результате это привело к сокращению роста распространения экстремизма в тюрьмах Великобритании. The problems of the spread of extremism and the radicalization of society is one of the primary problems of any state. The consequences of violent crimes committed for extremist motives are always striking in their cynicism, ruthlessness and generate fear in the whole society. Our correctional institutions have also faced problems with the spread and propaganda of extremism among convicts, on the part of persons serving sentences for these crimes. But as practice shows, absolutely all penitentiary institutions of the world have faced this. Therefore, studying the experience of one of the European countries seems interesting, from the point of view of borrowing positive experience, the most effective preventive measures in the fight against extremism. The author analyzes the results of a study conducted in Great Britain, which sought to examine the extent and nature of radicalization of convicts in three maximum security prisons in England and Wales. In the course of this study, a criminological portrait of a convict prone to radicalization was compiled, the main causes of the spread of extremism in prisons were identified, among which the problems associated with a reduction in the number of employees and an increase in the number of vacant positions are particularly highlighted. In addition, the lack of experience of working with Muslim convicts among prison staff, due to their lack of understanding of the basics of the Muslim religion, its values, as well as the lack of professionally trained chaplains, led to a sharp increase in extremism. The author has studied all the measures carried out at the level of the state's penal policy in order to prevent extremism in prisons. These include the creation in 2016 of a new State Department for security, order and the fight against terrorism, as well as measures aimed at training personnel, coordinating the activities of operational services, identifying the most "vulnerable" persons for radicalization, and resolving personnel issues with recruitment. As a result, this has led to a reduction in the growth of extremism in UK prisons.


2021 ◽  
Vol 8 (3) ◽  
pp. 374
Author(s):  
Dian Alan Setiawan ◽  
Abdul Rohman ◽  
Fabian Fadhly Jambak ◽  
Alfiyan Umbara ◽  
Mia Oktafiani Mulia Oktafiani Mulia

Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy and non-penal policy.


2021 ◽  
pp. 146247452110688
Author(s):  
Dorina Damsa

A humane approach to punishment has been integral to the work of the Danish Prisons and Probation Service. However, Danish penal policy has recently taken a punitive turn. What happens when punitive policies are adopted by a penal regime built on a humane approach to punishment? To address this question, this article focuses on prison officers at Vestre prison and how they adapt to punitive political decisions and prison policies. The increased focus on security in Danish prisons is considered, together with limitations set on welfare services available to non-citizen prisoners. Examination of officers’ subjectivities at Vestre prison shows that punitive penal policies have produced an environment fraught with tensions that affect prison work, institutional culture, and the officers’ professional identity. These findings also raise questions about the shifting nature of Danish penal power.


2021 ◽  
Vol 26 (6) ◽  
pp. 27-38
Author(s):  
Ewa M. Guzik-Makaruk

Abstract The study indicates the solutions introduced by the amendment to the Penal Code during the pandemic. These are the so-called anti-crisis shields - shield 1.0, shield 3.0 and shield 4.0. The primary role of these laws was to respond to the crises related to the COVID-19 epidemic. Amendments to the Penal Code were introduced in a manner inconsistent with the Constitution of the Republic of Poland and the Regulations of the Sejm of the Republic of Poland. The mere legislative change and increasing punitiveness of the criminal law system and penal policy will not significantly reduce crime. The work is of a presentative and systematising character. The assumed hypothesis boils down to the assertion that the changes to the penal code made pursuant to the so-called anti-Covid laws are irrational and introduced without the required legislative procedure. The study mainly used the formal-dogmatic method.


Glasnik prava ◽  
2021 ◽  
Vol XII (2) ◽  
pp. 3-20
Author(s):  
Milica Marinković ◽  

The author gives an overview of the origin of the institution of probation in the United States. Probation in its current form was preceded by several institutions created in judicial practice, by which judges and juries tried to alleviate the objective severity of criminal procedure and penal policy. The institution of probation originated in the United States, which was possible thanks to the peculiarities of Anglo-Saxon law, in the first place its precedent character and the creative freedoms of a judge. The contributions of John Augustus and other volunteers inspired by Protestant values were immeasurable. During the nineteenth and early twentieth centuries, it became clear that short-term imprisonment did more harm than good to certain categories of perpetrators, so probation was introduced as a means of avoiding short-term imprisonment while maintaining the repressive nature of punishment. From the United States, where it proved to be good, probation quickly spread across the ocean to European soil. Today, probation is a generally accepted legal institute with a wide field of application in all modern legal systems.


2021 ◽  
Author(s):  
◽  
Jordan Anderson

<p>The indeterminate sentence of preventive detention has experienced a renaissance in New Zealand since the 1980s. What was once a seldom used, emergency provision intended for application to the most dangerous offenders in our society, is now used with alarming frequency: while fifteen offenders served sentences of preventive detention in 1981, the number had risen to 263 by 2014. This thesis seeks to explore the forces driving the renaissance of preventive detention in New Zealand.   Throughout advanced liberal democracies, there has been a shift toward risk driven penal policy. Significant social, political, and economic changes in these societies from the 1980s onwards - such as the neoliberal reforms, and the associated uncaging of risk; social liberation and restructuring; and the cultivation of lifestyles; have contributed to, and exacerbated ontological insecurity and anxiety. The delegation of risk by the state to the individual has produced the variety of benefits and opportunities it was intended for, however it has also left people feeling insecure about their safety and wellbeing within the modern society, knowing that the shrunken state is unwilling, or unable to intervene and protect them. The expansion of preventive detention is an example of the state stepping in and performing a ‘spectacular rescue’ (Pratt and Anderson, 2016: 12). The revival and expansion of preventive detention has been part of the response of the New Zealand government to the intolerable risk of irreparable and irredeemable harm, posed by violent and sexual offenders in particular.  The significant increase in the use of preventive detention is representative of a wider trend of risk driven penal policy throughout the main English speaking societies. While the parallel strand of punitive penal policy has been explored in great depth, the trend toward risk driven penal policy has elicited less focus. Within the literature, there is a lack of identification of risk driven penal policy as a separate strand of development, subject to a separate line of inquiry. This thesis seeks to add to the literature on the influence of risk, exploring it as the driving force behind the revival of preventive detention.</p>


2021 ◽  
Author(s):  
◽  
Jordan Anderson

<p>The indeterminate sentence of preventive detention has experienced a renaissance in New Zealand since the 1980s. What was once a seldom used, emergency provision intended for application to the most dangerous offenders in our society, is now used with alarming frequency: while fifteen offenders served sentences of preventive detention in 1981, the number had risen to 263 by 2014. This thesis seeks to explore the forces driving the renaissance of preventive detention in New Zealand.   Throughout advanced liberal democracies, there has been a shift toward risk driven penal policy. Significant social, political, and economic changes in these societies from the 1980s onwards - such as the neoliberal reforms, and the associated uncaging of risk; social liberation and restructuring; and the cultivation of lifestyles; have contributed to, and exacerbated ontological insecurity and anxiety. The delegation of risk by the state to the individual has produced the variety of benefits and opportunities it was intended for, however it has also left people feeling insecure about their safety and wellbeing within the modern society, knowing that the shrunken state is unwilling, or unable to intervene and protect them. The expansion of preventive detention is an example of the state stepping in and performing a ‘spectacular rescue’ (Pratt and Anderson, 2016: 12). The revival and expansion of preventive detention has been part of the response of the New Zealand government to the intolerable risk of irreparable and irredeemable harm, posed by violent and sexual offenders in particular.  The significant increase in the use of preventive detention is representative of a wider trend of risk driven penal policy throughout the main English speaking societies. While the parallel strand of punitive penal policy has been explored in great depth, the trend toward risk driven penal policy has elicited less focus. Within the literature, there is a lack of identification of risk driven penal policy as a separate strand of development, subject to a separate line of inquiry. This thesis seeks to add to the literature on the influence of risk, exploring it as the driving force behind the revival of preventive detention.</p>


2021 ◽  
Author(s):  
◽  
Tess Bartlett

<p>This thesis explains the rise and power of penal populism in contemporary New Zealand society. It argues that the rise of penal populism can be attributed to social, economic and political changes that have taken place in New Zealand since the postwar years. These changes undermined the prevailing penalwelfare logic that had dominated policymaking in this area since 1945. It examines the way in which 'the public' became more involved in the administration of penal policy from 1999 to 2008. The credibility given to a law and order referendum in 1999, which drew attention to crime victims and 'tough on crime' discourse, exemplified their new role. In its aftermath, greater influence was given to the public and groups speaking on its behalf. The referendum also influenced political discourse in New Zealand, with politicians increasingly using 'tough on crime' policies in election campaigns as it was believed that this was what 'the public' wanted when it came to criminal justice issues. As part of these developments, the thesis examines the rise of the Sensible Sentencing Trust, a unique law and order pressure group that advocates for victims' rights and the harsh treatment of offenders. The Trust became an increasingly authoritative voice in both the public and political arena, as public sentiments came to overrule expert knowledge in the administration of penal policy. Ultimately, it argues that the power of penal populism is so strong in New Zealand that attempts to resist it are likely to come to little, unless these forces that brought it to prominence can be addressed and negated. To date, this has not happened.</p>


2021 ◽  
Author(s):  
◽  
Tess Bartlett

<p>This thesis explains the rise and power of penal populism in contemporary New Zealand society. It argues that the rise of penal populism can be attributed to social, economic and political changes that have taken place in New Zealand since the postwar years. These changes undermined the prevailing penalwelfare logic that had dominated policymaking in this area since 1945. It examines the way in which 'the public' became more involved in the administration of penal policy from 1999 to 2008. The credibility given to a law and order referendum in 1999, which drew attention to crime victims and 'tough on crime' discourse, exemplified their new role. In its aftermath, greater influence was given to the public and groups speaking on its behalf. The referendum also influenced political discourse in New Zealand, with politicians increasingly using 'tough on crime' policies in election campaigns as it was believed that this was what 'the public' wanted when it came to criminal justice issues. As part of these developments, the thesis examines the rise of the Sensible Sentencing Trust, a unique law and order pressure group that advocates for victims' rights and the harsh treatment of offenders. The Trust became an increasingly authoritative voice in both the public and political arena, as public sentiments came to overrule expert knowledge in the administration of penal policy. Ultimately, it argues that the power of penal populism is so strong in New Zealand that attempts to resist it are likely to come to little, unless these forces that brought it to prominence can be addressed and negated. To date, this has not happened.</p>


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