Punitiveness of electronic monitoring: Perception and experience of an alternative sanction

Electronic monitoring (EM) serves as an alternative sanction to incarceration. An important aspect that remains only scarcely debated in the literature is EM’s punitiveness and, more specifically, exactly how punitive EM is in comparison to different forms of incarceration. Responding to this gap, we propose a systematic meta-analysis of relevant studies that scrutinizes and compares different studies on EM and its punitive effects (or perceptions of its degree of punitiveness) in relation to incarceration. Ultimately, there is no simple and straightforward answer: EM’s level of punitiveness differs with the various sociodemographic variables of respondents included in the studies and the various characteristics of the penal system. It is necessary to assess the degree of punitiveness of EM to determine the conditions under and terms with which it should be applied, for example, as a humane substitute for incarceration or as an additional pain of the penal system.

Limites e Possibilidades para a Utilização da Castração Química como Alternativa de Sanção para Criminosos Pedófilos

Resumo O presente estudo tem como foco o debate sobre a Castração Química, a qual, diga-se, vem sendo aplicada como pena para aqueles julgados culpados de crimes sexuais envolvendo pedofilia em vários países, como Inglaterra, País de Gales e Estados Unidos. Uma reflexão ética e moral a respeito do referido tema se faz eminente e necessária, até para que se possa haver um posicionamento crítico distante de falsos preconceitos e de verdades apriorísticas. No formato de um ensaio de discussão teórica, tem-se aqui o intuito de apresentar a castração química como alternativa de sanção para criminosos pedófilos já condenados. Como questão norteadora tem-se: Existe a possibilidade de diminuição dos casos de crime de Pedofilia, adotando no ordenamento jurídico brasileiro a Castração Química voluntária como forma de tratamento para criminosos pedófilos? Palavras-chave: Pedofilia. Violência Sexual. Castração Química. AbstractThe present study focuses on the debate on Chemical Castration, which, it should be said, has been applied as a penalty for those found guilty of sexual crimes involving pedophilia in several countries, such as England, Wales and the United States. An ethical and moral reflection on the referred subject is eminent and necessary, even so that there can be a critical positioning distant from false prejudices and a priori truths. In the form of a theoretical discussion essay, the intention here is to present chemical castration as an alternative sanction for already convicted pedophile criminals. The guiding question is: Is there a possibility of reducing the cases of crime of pedophilia, adopting voluntary chemical castration in the Brazilian legal system as a form of treatment for pedophile criminals. Keywords: Pedophilia. Sexual Violence. Chemical Castration.

Over Kapasitas Lembaga Pemasyarakatan Dalam Perespektif Kebijakan Hukum Pidana

Overcapacity of correctional institutions is a serious problem in realizing the objectives of the criminal justice system. This article seeks to identify the causes of overcapacity in prisons and formulate models of criminal law policies that can suppress the overcapacity of correctional institutions in Indonesia. Overcapacity of prisons is caused by: first, the high crime rate and limited prison facilities. Second, over criminalization criminal law policies that are not supported by alternative sanction crimes; easy requirements for detention and length of detention period, and restrictions on the provision of remissions. An integrated approach is needed in reducing overcapacity of prisons through criminal law and social policies, namely the fulfillment of detention facilities in prisons / detention centers and reducing the crime rate. In criminal law policy, decriminalization and depenalization are necessary for certain types of criminal acts to strengthen alternative crimes from imprisonment.

Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19

The trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul. Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored. The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary data in the form of books, legislation and the internet. Type of qualitative research. The results of the study concluded that the government must be firm in applying criminal sanctions and criminal fines as an alternative to making people deterrent, educated and as a means of social control Keywords: PSBB, Criminal Fines, Prevention.

The Urgency of the Criminal Provision Regulationss in Cooperatives Law at Indonesia

The essence of cooperatives is to remain themselves as cooperatives and not deviate into other forms, the moral values that underlie them must be realities of life in the activities and behavior of cooperative people. Evil develops along with the development and change of human life. The types are even more diverse with varied modus operandi, all following the development of increasingly modern humans, one of which is the crime of corruption and money laundering. Likewise, crime in the economy follows the sophistication of the development of the world economy. Crimes in the economic field are very likely to occur and affect the cooperative business entity. Based on this, the main problems of criminal acts cannot be avoided in the regulations of cooperative business activities. Determination of a law as a criminal acts means the law is prohibited, and should be given a criminal sanction. Crime in the Cooperative is identified as a problem that needs to be sought as an alternative sanction as a last resort in terms of law enforcement. The development of economic life requires a normative framework to maintain social order. Then it is necessary to administer the law with real legal objectives to facilitate the economic life of the Indonesian state.

Urgensi Hukuman Mati Bagi Koruptor Dengan Pengabaian Penderitaan Yang Akan Diderita

A guilty person deserves the penalty of punishment, and must get suffering in return, without considering how much benefit to society if he is subject to punishment. Regardless of how big the consequences of moral punishment someone who has done wrong is better in law than not punished. Therefore, the authors provide an alternative sanction of the death penalty as an alternative final punishment for perpetrators of corruption. So that it can be a meaningful lesson for the next generation. This study uses qualitative methods on the available data. In addition to analyzing and observing the current reality.Keywords: Death Penalty, Corruption, Sanctions Abstrak:Seseorang bersalah patut mendapatkan ganjaran hukuman, dan harus mendapatkan penderitaan sebagai balasannya, tanpa mempertimbangkan seberapa besar manfaatnya bagi masyarakat jika dia dikenai hukuman. Terlepas seberapa besar konsekuensinya dari penghukumannya secara moral seseorang yang telah berbuat salah lebih baik di hukum dari pada tidak dihukum. Oleh karenanya, penulis memberikan alternatif sanksi hukuman mati sebagai alternatif akhir pemidanaan bagi pelaku kejahatan korupsi. Sehingga dapat menjadi pelajaran berarti bagi generasi selanjutnya. Penelitian ini menggunakan metode kualitatif pada data yang tersedia. Selain dengan melakukan analisa dan observasi pada realita yang ada saat ini.Kata Kunci: Hukuman Mati, Korupsi, Sanksi

PELAKSANANAN REHABILITASI TERHADAP PECANDU NARKOBA SECARA SUKARELA DAN MELALUI PROSES PENEGAKAAN HUKUM. (STUDI KASUS DI BBNP JATENG)

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>Indonesia is in a state of drug emergency, the prevalence of drug abuse is increasing, the growth of drug abuse users is already alarming and alarming. Ignorance of the dangers and risks of drug use will add to the victims of drug abuse. Efforts to solve drug problems are carried out in cross-sectoral aspects of preventive and repressive aspects. Based on the mandate of the regulation of drug addicts must undergo rehabilitation. Rehabilitation is an alternative sanction in the form of actions stipulated in a joint regulation. There are two ways that rehabilitation of drug abuse can be done voluntarily and through law enforcement processes and there is no involvement in the distribution of drugs. This paper will discuss about (1) the implementation of rehabilitation for drug addicts voluntarily (2) the implementation of rehabilitation for drug addicts through the process of law enforcement. </span></p></div></div></div>

Discretion and Disparity under Sentencing Guidelines Revisited: The Interrelationship between Structured Sentencing Alternatives and Guideline Decision-making

Objectives: We argue that the reasons court actors conform to or depart from sentencing guideline recommendations likely vary depending on whether the decision involves an alternative sanction or incarceration and that these reasons may have consequences for ethnoracial disparities in the sentencing of defendants and how these disparities are understood. Method: We use recent (2012–2016) Pennsylvania sentencing data to examine (1) the relationship between defendant race/ethnicity and court actors’ decisions to depart downward and upward from the guidelines and (2) whether such relationships vary depending on whether they involve an alternative sanction, namely intermediate punishments (IPs). Results: We find that the association of defendant race/ethnicity with decisions to conform to the guidelines or to depart is greatly impacted by whether the sentence involves an IP. Blacks and, to a lesser extent, Latinos experienced greater disadvantage in guideline decision-making, whether conformity or departures, when the sentence involved an IP. Conclusions: Results suggest that the integration of IP into guideline systems may have (1) mobilized ethnoracial disparities in sentencing, (2) focused the location of sentencing disparities to sentences involving IP, and (3) changed the applicability of common interpretations of guideline decisions and disparities in their imposition.

Obligation to do as a regulatory sanction in Brazil

Purpose – This article approaches the legal and economic dimensions of the fine and the so-called obligation to do as alternative sanction methods within the Brazilian regulatory framework and the latter´s relative potentials regarding the full exercise of economic functions by the regulator. Furthermore, it highlights the relative advantages and challenges of the obligation to do and how it can maximize the allocative efficiency of administrative sanctions. Methodology/approach/design – A critical analysis of a pioneering application of the obligation to do, carried out by the telecommunication’s regulatory agency, allows to elucidate the essential requirements for its use and governance. Findings – Conclusions suggest that the obligation to do allows the fulfillment of the allocation, stabilization and distribution functions by regulator while potentially increasing both the society expectation towards sanctioning and investment in the sector. Originality – It presents a pioneering perspective on the exercise of the obligation to do as sanction in the Brazilian telecommunications sector.

Part-Time Jail Time: Jailors’ Perspectives on the Practice of Nonconsecutive Day Sentencing in Virginia

Jurisdictions across the Commonwealth of Virginia are working to broaden and refine the implementation of community-oriented alternative sentencing programs. From the perspective of practitioners, this article examines the statutory expansion of one such alternative sanction in Virginia—nonconsecutive day sentencing (“weekend” or “part-time” jail time)—as adopted in Senate Bill No. 36 during the General Assembly’s 2018 Regular Session. Presenting mixed-methods survey results from a large sample of correctional professionals across the Commonwealth, the study finds little practitioner support for the expanded application of weekend jail programming. Based on such stakeholder input, the article discusses anticipated adverse effects of the statutory amendments passed in SB36 and argues that practitioners, with the assistance of criminal justice researchers, must lend their expertise to legislators in policy development process from proposal through implementation.