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Prawnomiędzynarodowy zakaz kary śmierci w świetle raportu Amnesty International z 2013 roku

Author(s): Angelika Mielniczuk / Language(s): Polish Issue: 1/2015

The death penalty is the oldest form of sanction which has existed in all epochs in the history of humanity. Its justification was associated with the principle of retaliation and belief in the deterrent function of this penalty. The arguments concerning the lack of legitimacy of the use of the death penalty appeared for the first time in the Enlightenment. Thereafter, abolitionists have aimed at restricting the list of crimes resulting in capital punishment and aimed at abolishing the death penalty in general. The aim of this article is to describe the formation of legal and international regulations which have aimed at abolishing the death penalty since the establishment of United Nations, as well as to present Amnesty International`s report which specifies the global trend in imposing the death sentences and carrying out the executions in 2013.

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LIFE IMPRISONMENT AS AN ANSWER TO CONTEMPORARY SECURITY CHALLENGES - THE (IN)ADEQUACY OF THE RETRIBUTIVE APPROACH –

Author(s): Zdravko Grujić / Language(s): English Issue: 4/2019

Contemporary Serbian criminal legislation characterizes the concept of expansionism – the strengthening of the prescribed penalties and extending the limits of criminal repression (“punitive populism”), as legislative response to the trends of criminality, potential security challenges and public attitudes on the adequacy of the social response to the phenomenon of crime. The latest in a series of legislative changes envisages the introduction of life imprisonment as a new penalty in the criminal sanction system and, at the same time, the abolition of (long-term) imprisonment from thirty up to forty years. The severity of the criminal law reaction is reflected not only in the introduction of life imprisonment, but also in the prohibition of conditional release for the convicted, to life imprisonment for certain serious crimes, although such a solution is often challenged in comparative and international jurisprudence. The aim of this paper is to review the justification of introducing life imprisonment in our criminal legislation and to point out the (in)acceptability of certain normative solutions; to determine the potential scope and effects of life imprisonment as penalty, that is, to critically analyze the adequacy of the retributive approach in relation to the trends of criminality and contemporary security challenges.

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ON ANY LEGAL ASPECTS OF VICTIMOLOGRAPHIC PREVENTION OF CRIME IN THE INSTITUTIONS OF COMPLETION OF PENALTIES

Author(s): Andrii Borowyk,Andrii Holovach / Language(s): English Issue: 1/2018

The article analyzes the legal principles of activities related to victim logical prevention of crimes in penitentiary institutions identifies problem issues in the identified subject of research and develops scientifically substantiated ways of their solution in essence.

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CRIMINOLOGICAL CHARACTERISTICS OF PERSONS UNDER THE NUMBER OF PERSONNEL OF THE COLONY WHO CONSTITUTES CRIMES IN THE FIELD OF CARRIAGE OF UKRAINE

Author(s): Alexei Humin,Lesia Duchiminskaya / Language(s): English Issue: 4/2018

In the article, on the basis of the analysis of theoretical approaches concerning the content of the concept "person of the offender", the author's variant is formulated and the criminological characteristic of the system-forming features that make up his content is made, and his theoretical and practical significance is proved.

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SPECIFIC FEATURES OF CONVICTED PERSONS AS THE VICTIMS IN THE CRIME MECHANISM

Author(s): Liliana Tserkunyk / Language(s): English Issue: 4/2018

In the present scientific paper, the author investigates the understanding of the victim conduct of a human in general and that of the convicted persons, who became injured due to the crimes committed, in particular, at the penitentiary facilities. The author states that the victim conduct mechanism holds an essential place in the crime genesis, and this covers the conduct of a human, a guilty person, a situation, in which the person becomes the victim of the crime, its direct causes. Concluding, the author states that, first, in accordance with the results of the present studies the victim conduct may be a conflict one, a provocative one and a thoughtless one; second, the position of the potential victim of the criminal intention, his/her life, specific features of conduct together with the victimologic situations and prerequisites of relationships with the potential offender may favor the origin of the criminal intention in the person's consciousness, stimulate its antisocial attitude and choose the way of committing the crime

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SUICIDALNO DRUŠTVENI MENTALITET U POST - RATNOM DRUŠTVU BOSNE I HERCEGOVINE

Author(s): Amila Taljanović / Language(s): Bosnian Issue: 1/2020

Considering that suicide is a continuous social phenomenon that is quantitatively exerted in different social timelines, it is necessary that we keep our focus on some indicators of suicide in the society of Bosnia and Herzegovina, during a decade preceded by war devastation. In this way we can see if, and to what extent, specific social occasions influence the prevalence of suicide in the society of Bosnia and Herzegovina. We are going to point out that the society of Bosnia and Herzegovina is recognized in Europe since the end of the XX century as a typical post-war society. In this sense, the constant maintenance of the suicide rate can be more easily understood: especially the form that occurs as a result of war events, but also post-war unfavourable circumstances.

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Examining the policies of paroling authorities in the United States to support evidence-based practices

Author(s): Erin Harbinson,Ebony Ruhland / Language(s): English Issue: 3/2020

While much research in community corrections examines ways in which direct supervision can reduce recidivism, less is known about the role of paroling authorities in using or supporting evidence-based practices. This study presents a selection of results from a survey of paroling authorities across the United States conducted in 2015. We analyze and discuss survey results on the following three topics: (1) What is the structure and power/authority of the paroling authorities? (2) What are the appointments and requirements of paroling authorities? and (3) What evidence-based practices are paroling authorities utilizing? These results demonstrate the state of evidence-based practices in parole decision-making and illustrate ways in which paroling authorities can implement policies and practices that promote sustainability of evidence-based practices in community supervision. The findings indicate that many paroling authorities have adopted policies supportive of evidence-based practices; however, there are some areas in which parole can create continuity and promote better application of them.

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Lévy R, Dumoulin L, Kensey A and Licoppe C (eds). Le bracelet électronique: action publique, pénalité et connectivité

Author(s): Eric Maes / Language(s): English Issue: 3/2020

Review of: Eric Maes - Lévy R, Dumoulin L, Kensey A and Licoppe C (eds). Le bracelet électronique: action publique, pénalité et connectivité (Collection Déviance et Société). Chêne-Bourg (Switzerland): RMS Éditions/Médecine & Hygiène, 2019; pp. ISBN (paperback) 9782880494520 (15,- CHF), ISBN (e-book) 9782880494551 (9,- CHF).

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Gwen Robinson and Fergus McNeill, Community Punishment: European Perspectives

Author(s): Nigel Elliott / Language(s): English Issue: 2/2016

Review of: Nigel Elliott - Gwen Robinson and Fergus McNeill, Community Punishment: European Perspectives, Abingdon: Routledge, 2016; ISBN13: 978-1-138-78378-2, £85.00 (hbk); 978-1-138-81864-4, £34.99 (pbk)

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Hook for change or shaky peg? Imprisonment, narratives and desistance

Author(s): Marguerite Schinkel / Language(s): English Issue: 1/2015

Given the twin challenges of the fiscal costs of high levels of imprisonment and of high reconviction rates post-release, the question of whether imprisonment can (and does) contribute to processes of desistance is a crucial one. This article discusses the repeated, and controversial, research finding that some prisoners see themselves as transformed by imprisonment. It argues, with reference to the narratives of Scottish prisoners, that this is not owing to intentional rehabilitative input, but driven by the need to craft a positive future. The article explores under what circumstances a transformation narrative is most likely to emerge and whether such narratives have the power to make desistance more likely.

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Beyond compliance: Participation, co-production and change in justice sanctions

Author(s): Trish McCulloch / Language(s): English Issue: 1/2015

This article explores the place and potential of a more participatory and co-productive justice practice, using the particular lens of compliance. In recent years, compliance has come to be associated with new managerial and correctional forms of justice. Yet, emerging theoretical and empirical analyses attest that individual compliance is a complex and multi-dimensional dynamic. It is not particularly responsive to mechanisms of enforcement and control, and where enforced compliance is achieved it does not emerge as a particularly valuable justice outcome. These findings, and others, suggest the relevance of a more co-productive justice pursuit – one that recognises and supports the participation, potential and progression of those required to comply.

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Working against the odds: How probation practitioners can support desistance in young adult offenders

Author(s): Pete Judd,Sarah Lewis / Language(s): English Issue: 1/2015

This article seeks to explore how probation practitioners may work with young adult offenders (YAOs) to assist them in moving away from crime, by considering how a more desistance and relational focused approach may provide a number of alternative practices that could benefit YAOs. This discussion is formulated on both theoretical and applied grounds, with both authors having experience of working with YAOs, within a probation context in England. Whilst acknowledging that there are numerous ways in which a practitioner can assist an individual with their journey away from crime, this article considers some of these ways, outlining potential challenges.

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C Behan, Citizen Convicts: Prisoners, Politics and the Vote

Author(s): Pablo Marshall / Language(s): English Issue: 1/2015

Review of: Pablo Marshall - C Behan, Citizen Convicts: Prisoners, Politics and the Vote, Manchester University Press: Manchester, 2014; ISBN 9780719088384, £70.00 (hbk)

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Lol Burke and Steve Collett, Delivering Rehabilitation: The Politics, Governance and Control of Probation

Author(s): Dave Wood / Language(s): English Issue: 1/2015

Review of: Dave Wood - Lol Burke and Steve Collett, Delivering Rehabilitation: The Politics, Governance and Control of Probation, Routledge, pp. 200: ISBN 9780415540384, £26.99 (pbk)

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Vincenzo Ruggiero and Mick Ryan, Punishment in Europe

Author(s): Luisa Ravagnani / Language(s): English Issue: 1/2015

Review of: Luisa Ravagnani - Vincenzo Ruggiero and Mick Ryan, Punishment in Europe, Palgrave McMillan, 2013; ISBN 978-1-137-02820-4, £55.00 (hbk)

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The impact of supervision on the pains of community penalties in England and Wales: An exploratory study

Author(s): David Hayes / Language(s): English Issue: 2/2015

This article explores the pains experienced by nine offenders subjected to (supervised) community and suspended sentence orders in an English Probation Trust between July 2013 and January 2014, arguing their importance for both deontological and consequentialist penal objectives. It identifies six major groups of pains and explores the extent to which their incidence and experienced intensity were affected by the supervisory relationship, which intensified or reduced some pains but left others materially unaffected. Despite the limitations of this exploratory study, implications can still be drawn for penal policy, both in England and Wales and across Europe.

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Judges’ perception on causes of criminality and justifications for crime

Author(s): Ana Sacau,Andreia de Castro-Rodrigues / Language(s): English Issue: 2/2015

Judicial decision-making has been long studied, particularly sentencing, from a number of perspectives. Many researches have focused on the factors affecting the decision-making process, analysing from judges’ personal characteristics to court context. This article addresses lay theories of crime as viewed by judges. Forty-nine judges participated in this study, answering a questionnaire about causes of criminality and justifications for crime. Results show a large variety of answer with judges positioned in both sides of the scale. Drug abuse is especially relevant when judges assess causes of criminality and justifications for crime. Regarding causes of criminality, the results suggest that judges’ rationale is based on a complex set of social environment characteristics, opposing the dichotomy internal characteristics versus external situational causes, identified in previous studies. Justifications for crime were organized into three major groups: drugs, uncontrolled behaviour and survival. Age and political orientation affected these assessments, but gender was found irrelevant.

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S.M. Bucerius and M. Tonry, The Oxford Handbook of Ethnicity, Crime and Immigration

Author(s): Hindpal Bhui / Language(s): English Issue: 2/2015

Review of: Hindpal Bhui - S.M. Bucerius and M. Tonry, The Oxford Handbook of Ethnicity, Crime and Immigration, New York: Oxford University Press, 2014; 960 pp., $175.00 (HBK).

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Using vignette methodology to research the process of breach comparatively

Author(s): Niamh Maguire,Kristel Beyens,Miranda Boone,Alfredas Laurinavičius,Anders Persson / Language(s): English Issue: 3/2015

Comparative research related to any aspect of the process of breach in either the pretrial, sentencing or release phases is relatively rare. Comparative studies of decision making in the specific context of breach process are particularly lacking. One reason for the dearth of research in this area is the many challenges presented by comparative research across different jurisdictions. This article focuses on the development of a vignette methodology to explore the decision-making aspect of the breach process from a comparative perspective across a number of different European jurisdictions. The vignettes are designed to explore the decision-making aspects of two different types of breach process – the process of breach that follows on from a breach of conditions of early release from prison and the process that follows a breach of conditions attached to the completion of an unpaid work order. The article begins by contextualizing the research in debates about the relationship between compliance, legitimacy and rising prison populations. It critically examines the nature of vignette methodology and then discusses the specific challenges of using vignettes in comparative research as well as the development, piloting and evaluation of the decision-making vignettes in focus. We conclude by discussing some of the challenges we faced and particularly our challenge in terms of the development of the methodology – enhancing the comparability of the findings.

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C Knight, Emotional Literacy in Criminal Justice: Professional Practice with Offenders

Author(s): Chloe Rogers / Language(s): English Issue: 3/2014

Review of: Chloe Rogers - C Knight, Emotional Literacy in Criminal Justice: Professional Practice with Offenders, Palgrave Macmillan: Basingstoke, 2014; ISBN 9781137273192, £24.99 (pbk)

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