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„Zaprzysięganie na śmierć” w praktyce sądu miejskiego z Krzemieńca w XVIII w.

Author(s): Marian Mikołajczyk / Language(s): Polish Issue: 3/2016

Before Poland was partitioned, there had been different laws for each group of society. Gentry, townspeople and peasants had their own laws. In the gentry law (land law) there was a rule that the accused could not be sentenced to death if the private accuser with several other people did not swear that the accused deserves death penalty. The practice of such a swearing existed until 1768. Current researches indicated the lack of such a rule in a municipal law. However, in the city of Krzemieniec in Wołyń the practice was different. Local municipal court required the oath of a claimant in most criminal cases. It is possible to suppose that it was an example of imitating the land law by the municipal law. We do not know if it was an only example of such a practice or whether there were similar situations in other cities of eastern Republic of Poland. This problem requires further researches.

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TESTIRANJE TEORIJE SOCIJALNE DEZORGANIZACIJE U SVJETLU BOSANSKOHERCEGOVAČKE ZBILJE – KRIMINOLOŠKI I SIGURNOSNI DISKURS

Author(s): Edita Hasković / Language(s): Bosnian Issue: 1/2018

The paper analyzes the suitability of the Bosnian social context for the application of the social disorganization theory in illuminating the causes of criminality and other forms of socially unacceptable behavior. Keeping in mind the fact that in Bosnia and Herzegovina we witness for more than two decades the triumph of disorganization over the organization, the purpose of the paper is to show how the social disorganization contributes to crime in our country. To this end, the author devotes special attention to factors contributing to social disorganization processes (poverty, family disorder, residential mobility and ethnic heterogeneity), which may favor the emergence of criminality through paralysis the mechanisms of informal social control or through their direct impact on the crime appearance.

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Razvojna povijest bivših zatvorenika – prikaz četiri studije slučaja kroz life-span pristup

Author(s): Dženan Berberović / Language(s): Bosnian Issue: 5/2008

This research consists of four former inmates that are not serving the sentence anymore, actually they are free, but once, they were sentenced because of different crimes they committed, and which are mostly linked to selling and consuming drugs. These four former inmates are two females and two males. Life-span of former inmates has an impact on anticipation of future and life orientation, so they see their future more pessimistic.

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Recenzja: Anna Kozłowska-Ryś, Krzysztof Drozdowski, Świat odosobniony. Bydgoska służba penitencjarna w latach 1920–1939, Poznań–Bydgoszcz–Piotrków Trybunalski 2017, ss. 264

Author(s): Jakob Maziarz / Language(s): Polish Issue: 1/2018

The reviewed book is a study devoted to history of interwar (1920–1939) prison system in Bydgoszcz. The work is divided into five chapters. They are: 1) The history of penitentiary service in Bydgoszcz in years 1920–1939, 2) Penitentiary agricultural colony no. 3 in Trzeciewnica, 3) Biographical notes of penitentiary workers in Bydgoszcz, 4) Society for the care of prisoners „Patronage” („Patronat”). According to the opinion of the review author the contents of work is correctly and sufficient for this kind of studies. Reviewer is more critical regarding to the structure of work, which is inconsistent and unclear.

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Partizansko sodstvo v Sloveniji med drugo svetovno vojno: kaznovalna politika in vprašanje smrtnih kazni

Author(s): Tadeja Tominšek Čehulić / Language(s): Slovenian Issue: 2/2009

In the following discussion, on the basis of archive sources and the database of the Institute of Contemporary History in Ljubljana entitled Death toll in the population on the territory of the Republic of Slovenia during WWII and immediately afterwards, the author sheds light on the issue of the organisation and activities of the partisan movement judiciary during World War II. The discussion focuses on the question of the punishment policy and its consequences, especially for the civilian population but also for the partisans. Before August 1943, in Slovenia the partisan movement (military) judiciary was only limited to certain regions, carrying out very simplified and swift judicial proceedings, and even these only periodically. Therefore the research will be limited to the period after the Italian capitulation in the autumn of 1943.

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TRETMAN OSUĐENIKA I VIKTIMIZACIJA U MALOLETNIČKOM ZATVORU

Author(s): Goran Krstajić,Dragan Obradović / Language(s): Bosnian,Serbian Issue: 3/2018

Juvenile penitentiary correctional facility in Valjevo is the only institution of its kind in the Republic of Serbia, which executes the toughest sanctions against juveniles, who were sentenced to juvenile imprisonment. This institution has a complex and responsible task to effectively implement convicts re-education process, using appropriate services, primarily the Treatment Service. There are many obstacles on this path, and one of these is an informal associating of convicts, which often represent a counterbalance to institutional treatment. The informal convicts system is not uniform, it already contains more subsystems, which differ significantly in status and power. This difference causes different levels of victimization of convicts belonging to the informal system. This work and the research we have conducted aims to show that convicts who are in closed treatment suffer a higher degree of victimization, from prisoners in the semi-open treatment. Violence among the convicts relativize the purpose of sentencing juvenile prison and the ability of institutional resocialization approach to fulfill its role.

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Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

Author(s): Muharrem Midilli / Language(s): Turkish Issue: 1/2017

Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.

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Debating Evil: Using Word Embeddings to Analyse Parliamentary Debates on War Criminals in the Netherlands

Author(s): Milan M. Van Lange,Ralf D. Futselaar / Language(s): English Issue: 1/2019

We are proposing a method to investigate changes in historical discourse by using large bodies of text and word embedding models. As a case study, we investigate discussions in Dutch Parliament about the punishment of war criminals in the period 1945–1975. We will demonstrate how word embedding models, trained with Google’s Word2Vec algorithm, can be used to trace historical developments in parliamentary vocabulary through time.

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AНАЛИЗА СОЦИО-ЕКОНОМСКОГ СТАЊА ПОРОДИЦА ЗАТВОРЕНИКА НА ПОДРУЧЈУ ОПШТИНЕ ДЕРВЕНТА

Author(s): Ljubinka Lazić,Deana Đekić / Language(s): Bosnian,Serbian Issue: 5/2020

Crime as a social deviation and a phenomenon that has a general social character, also has family consequences. The conditions and socio-economic condition of the family are important for the life of all its members. They are especially important as predictors of negative phenomena in the family, but also as factors of proper development and life of family members. Crime as a socio-pathological phenomenon is in a significant connection with the family of the committer in the sense that the family can act as a protective factor, but also negatively. The aim of this paper was to analyze the socio-economic situation of the families of prisoners from the Municipality of Derventa. Thus, we found that the families of prisoners are in an unfortunate socio-economic position due to unemployment, low educational status of prisoners, as well as unresolved housing status. That the crime and imprisonment stand oposite to the socio-economic condition of the family in a cause-and-effect relationship is the starting premise of this paper and research. Factors influencing the satisfaction of the needs of the family of prisoners and the quality of life of family members are certainly economic stability, ie employment of family members and housing status of the family. Furthermore, we found that the obtained results indicate that socio-economic factors are not alone, but that the interaction of several factors and multiple circumstances adversely affects both the occurrence of unfortunate conditions in the family and its improvement.The significance of this analysis is in the contribution to a better understanding of the situation, problems and needs of the families of prisoners, especially in the transitional conditions of society. The practical significance of the research is in pointing out the need for further research, improving the multidisciplinary approach to problems such as poverty, unemployment, education, and especially towards taking prevention measures, developing alternative criminal sanctions and helping families of prisoners as part of a successful resocialization and reintegration plans.

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Transformations in Prison Subculture and Adjustment to Imprisonment in Post-Soviet Lithuanian Penitentiary Institutions

Author(s): Rūta Vaičiūnienė,Artūras Tereškinas / Language(s): English Issue: 03/2017

As in other post-Soviet countries, carceral collectivism characterizes penal institutions in Lithuania. In these institutions, prisoners’ interactions are minimally controlled and convicts are responsible for the maintenance of order; hence, the informal rules of the criminal subculture prevail in Lithuanian correctional facilities. In this article, we examine the prison subculture and adaptation to imprisonment as a significant part of inmates’ social world in post-Soviet Lithuania. By using semi-structured interviews with male prisoners, semi-structured interviews with prison staff, and data from the inmates’ criminal records, we conceptualize both men’s adaptation to imprisonment and current transformations in the Lithuanian prison subculture. As our research shows, the importance of this subculture has decreased in recent years. This process has been influenced by structural changes such as stronger administrative control of convicts, their differentiation and division into smaller groups that limit their mutual contacts, and convicts’ motivation to obtain parole and participate in various rehabilitation programs. The prison subculture has also experienced transformations because of the increasing impact of financial resources on social life, subcultural rules, and interprisoner relationships. Despite these processes, the subculture still plays an important role in inmates’ attempts to choose different daily coping styles and types of adaptation to imprisonment. In this article, we argue that in reforming post-Soviet correctional institutions, a gradual transition to the system of individual cell–type confinement with some remaining elements of collective imprisonment would be desirable.

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PROMJENA ZATVORSKE PARADIGME: TRETMAN ZATVORENICA U BOSNI I HERCEGOVINI 1878–1914.

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

The reform of the legal system that the Ottoman Empire conducted in the 1850s was systematically implemented in the period that followed, with an attempt to introduce new legal provisions concerning prisons in all parts of the Empire, including Bosnia. Displeasure of the western powers who had insisted on changes to the prison practices in the Ottoman Empire, the pace of which had been slow, was used by the Austro-Hungarian Monarchy following the occupation of Bosnia and Herzegovina. Having established that the existing conditions in BiH prisons were “miserable”, the new government promised radical changes. However, the question is if the changes really were ferocious in the decisive years in which the Ottoman administration was replaced by Austro-Hungarian? If so, to what extent was the prison paradigm changed? A more serious investigation of the prison system of a certain administration demands an analysis of a specific group within the prison population. One such group are women that needed a different treatment compared to other prisoners: a separate accommodation, female, not male, supervision, as well as special measures during pregnancy, delivery and breastfeeding. By using the documents from ZVS and ZMF funds, the paper aims to investigate if the Austro-Hungarian administration managed to achieve significant results in the treatment of female inmates in Bosnia and Herzegovina in the first years of the monarchy’s rule. Although the prison system and the treatment of prisoners are an important indicator of the civilizational advancement of a society, the local historiography has not paid significant attention to these issues. This paper is trying to fill that void.

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Effective Practices in Community Supervision model: Staff perceptions of the model and implementation

Author(s): Lily Gleicher / Language(s): English Issue: 3/2020

Staff who provide service to individuals under correctional supervision are critical to organizational change, implementation, and sustainability of policies and practices. The training on evidence-based practices demonstrates a movement toward effective interactions with community supervision officers and their clients, specifically to the Risk–Need–Responsivity model and core correctional practices. Research over the past several decades provides that fidelity to Risk–Need–Responsivity and core correctional practice can reduce recidivism among the community correctional population. However, the correctional field has a history of training staff, but limited success in implementing and sustaining these practices. The current qualitative study analyzes the feedback from 307 community supervision officers who responded to open-ended questions regarding the implementation of Effective Practices in Community Supervision model, a curriculum that incorporates the Risk–Need–Responsivity model and core correctional practices. Qualitative responses indicate key themes that help and hinder the implementation of evidence-based practices: individual attitudes and beliefs, organizational elements, and leadership.

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Reimagining probation and parole for young adults in the United States

Author(s): Kimberly Bernard,David Schwager,Miranda Sitney / Language(s): English Issue: 3/2020

The aim of this article is to propose an overhaul in how young adults (approximately aged 15–25 years) should be supervised in the community while serving probation or parole sentences. Using a pilot model implemented in the Pacific Northwest in the United States, we describe the development of a new specialized caseload focused on the developmental needs of this age group. Once established, an ambitious training program using external subject matter experts was used to educate supervising officers and integrate best practices across four emerging areas in the literature: trauma informed care, brain development science, an Equity and Empowerment Lens with a racial justice focus, and the case management approach Effective Practices in Community Supervision. Results show the potential of this approach to change the trajectory of the life course of participants, as well as promote systematic and systemic reform in the participating jurisdiction.

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Staff Training Aimed at Reducing Rearrest: Probation officer attitudes and experiences

Author(s): Jill Viglione,Lucas M. Alward,DeCarlos L. Sheppard / Language(s): English Issue: 3/2020

Community correction organisations have recognised the importance of implementing evidence-based practices to improve probation practice and reduce recidivism rates. Research finds when probation agencies implement evidence-based practices in line with the Risk, Need, Responsivity model with fidelity, reductions in recidivism are possible. However, challenges of implementation persist. To assist in the translation of evidence-based practices to real-world practice, researchers and practitioners developed community supervision officer training programmes. Using qualitative interview data of trained federal probation officers, this study examined the implementation of the Staff Training Aimed at Reducing Rearrest. This study explored (1) probation officer attitudes and perceptions of Staff Training Aimed at Reducing Rearrest, training and implementation process; (2) how users and coaches implement key components of Staff Training Aimed at Reducing Rearrest; and (3) the organisational facilitators and barriers associated with Staff Training Aimed at Reducing Rearrest implementation. Findings suggest positive attitudes towards Staff Training Aimed at Reducing Rearrest for improving supervision process and highlight key facilitators and barriers that can be addressed to support successful implementation efforts.

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Swift and certain probation: Assessing fidelity to the HOPE model

Author(s): Kelly Frailing,Jahdai Kennedy,Rae Taylor,Victoria Rapp / Language(s): English Issue: 3/2020

While outcomes for HOPE and HOPE-like probation programs have received a good deal of attention in the literature, there is arguably less focus on implementation of those programs with fidelity to the HOPE model. This study describes one such program, the Swift and Certain Probation program in Jefferson Parish, Louisiana, and the degree to which it was implemented with fidelity using the list of elements laid out in the Demonstration Field Experiment (DFE) Final Report. We observed the Swift and Certain Probation program for two years and found that it is implemented with fidelity across many, but not all, of the elements of HOPE. We conclude with lingering issues for both the implementation and evaluation of HOPE and, especially, HOPE-like programs.

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It takes two to tango: Offenders’ involvement in decisions regarding sanctions, measures and conditions in light of the ERCSM and the ERProb. A Dutch case study

Author(s): Lisa Ansems,Ingeborg Braam / Language(s): English Issue: 1/2016

This article examines the question to what extent offenders are involved in decisions regarding the sanction, measure and/or conditions that have been imposed upon them. More specifically, the article focuses on the offender’s involvement in the stage of implementation (or enforcement) of a conditional sentence or measure. It analyses Dutch legislation and practice on this point and evaluates them in light of the relevant provisions of the European Rules on Community Sanctions and Measures and the European Probation Rules. The research shows that Dutch legislation and practice are generally in conformity with these European instruments; all interviewed probation officers realise the importance of involving offenders and act upon this belief. However, on some points a higher level of offender involvement could be reached, and promoting the European rules amongst probation workers – who are mostly unaware of the existence of these rules – might contribute to this.

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Commitment and probation work in England and Wales

Author(s): Stewart Collins / Language(s): English Issue: 1/2016

Commitment is defined and distinguished from motivation and job satisfaction. Commitment is significant because it involves strong attachments and ties to working in probation. Clear benefits for workers and service users develop from commitment to probation work, associated with values, focus, effort, productivity, consistency, high retention and low turn-over rates. Professional and organizational, affective and continuance commitment are defined and considered in relation to probation work. The implications of commitment for the Transforming Rehabilitation agenda are discussed. Variables are explored such as experience, gender and location; also the role of participation and resistance. Finally, some ways to develop enhanced commitment to probation organizations are examined.

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Doing reintegration? The quest for reintegration in Belgian sentence implementation

Author(s): Veerle Scheirs / Language(s): English Issue: 2/2016

In this article, we aim to achieve a better understanding of reintegration in Belgian sentence implementation. In concreto, we ask the question if Belgian sentence implementation courts ‘are doing reintegration’. Our analyses suggest the existence of a reintegrated-oriented decision-making process emphasising the strengthening of the social capital of the offender and enabling reintegration. Notwithstanding, we identify some barriers to reintegration. Firstly, we describe how the quest for reintegration is constantly interwoven with a more risk-based approach. As a result, ‘doing reintegration’ becomes subordinated by risk, wherefore the fundamental social right of reintegration is reduced to a conditional right only applicable if the offender displays certain needs, poses an acceptable risk and/or is prepared to take responsibility for this actions. Secondly, we argue how the members of the sentence implementation courts believe in ‘psychological individualism’ and project their middle class values and expectations of how someone should live on the offender, further narrowing the scope of this concept. We finish our analysis by identifying some external and structural aspects withholding the sentence implementation courts in ‘doing reintegration’, leading to a nuanced argument arguing that Belgian sentence implementation courts are not doing reintegration, although they believe they are (trying)…

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K Buczkowski et al.: Criminality and Criminal Justice in Contemporary Poland: Sociopolitical Perspectives

Author(s): Anna Matczak / Language(s): English Issue: 2/2016

Review of: Anna Matczak - K Buczkowski et al. (2015) Criminality and Criminal Justice in Contemporary Poland: Sociopolitical Perspectives, Farnham: Ashgate Publishing, 2015; IBSN: 9781472451842, £70.00 (hbk)

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Law as an extrinsic responsivity factor: What’s just is what works!

Author(s): Martine Herzog-Evans / Language(s): English Issue: 3/2016

If criminologists and psychologists have studied practitioners’ ethics, they have not integrated the legal system into offender treatment theory. Offender treatment models have, moreover, not taken stock of the Legitimacy of Justice and the Self-Determination literatures, according to which people comply more substantively, and for longer periods of time, with decisions that are made fairly, and respect individuals’ agency. It is generally assumed that despite modern mass managerial and punitive probation, practitioners and their institutions have retained their original well-meaning ethos. In this article, it is suggested that law as a system ought to be integrated into a new subdivision of the Responsivity principle: ‘Extrinsic- Responsivity’. It is further argued that it is high time for probation staff and institutions to lose their untouchable status and be subjected to legal scrutiny and procedural constraints.

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