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Probacija za maloljetnike u Hrvatskoj: stanje i perspektive

Author(s): Neven Ricijaš / Language(s): Croatian Issue: 1/2005

This paper gives an overview of relevant elements of juvenile probation in Croatia that is effected through educational measure, increased supervision and surveillance defined by the Law on Juvenile Courts. Current criminological statistics on juvenile delinquency are also given, as well as legislative regulations that determine pronouncement and realization of this sanction. This sanction makes almost 50% of all sanctions pronounced to juvenile delinquents, and from that point of view we can understand its importance. Therefore, it is necessary to continually improve organizational quality of this sanction as well as the quality of direct work with juveniles. In this context this paper presents results of relevant research about conditions connected with pronouncement of this sanction and significant pedagogical methods that showed success. Some suggestions for improving probation work for juvenile offenders in this environment are also given.

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Stavovi studenata Zagrebačkog sveučilišta prema smrtnoj kazni

Author(s): Neven Ricijaš,Sandra Balić,Danijela Benko,Tereza Čubranić,Deniza Divanović,Selma Golubović,Robert Manenica,Marina Stergar,Jelena Šuk / Language(s): Croatian Issue: 2/2004

The (non)justification of death penalty sentence has always been a live issue. The public seems to be more concerned with it than the experts. Croatia abolished the death sentence together with the European countries. Today, among the modern "western" countries, only the United States of America have death penalty in some of the states. The last death penalty in Croatia was executed in 1977. Now the maximum sentence, according to the Croatian criminal law, is 40 years of prison. In order to appraise the general view of students of the Zagreb University on this issue, a specific questionnaire was made based on legal, emotional and cognitive aspects of death penalty. The questionnaire contained 34 variables of Likert type with suggested 5 points answering scale (from 1-1 disagree completely, to 5 -1 agree completely). The survey was carried out on the sample of 44! third-year students of different colleges of the Zagreb University. Among other results, the final data also showed the frequency according to specific variables and the analysis of result variances with reference to sex and educational orientation of subjects (colleges of science or liberal art colleges). With reference to the sex, statistics showed a significant difference in 14 of 34 variables (greater female emotional component and greater mate retributive component). Differences with regards to the educational orientation mostly reproduce the differences shown in the sex results.

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LIŠAVANJE SLOBODE U USTANOVAMA SOCIJALNE ZAŠTITE

Author(s): Miloš V. Janković / Language(s): Serbian Issue: 3/2019

A large number of beneficiaries who are accommodated in social welfare homes are persons with mental disabilities. Most of them are locked up and prevented from leaving those institutions by their own will. They are virtually deprived of their liberty, with the explanation that it is in their “best interest”. However, there is no legal ground in the Serbian legal system for the deprivation of liberty of beneficiaries of social welfare institutions. Such treatment is contrary to Article 27 of the Serbian Constitution according to which “deprivation of liberty is allowed only for the reasons and in the procedure provided for by law”. It also contravenes Article 5 of the European Convention on Human Rights, according to which “no one shall be deprived of his liberty save... in accordance with a procedure prescribed by law”. After years of ignoring the Ombudsman’s recommendation to stop deprivation of liberty without valid legal ground, the Ministry responsible for social affairs in 2019 tried to regulate the said conduct. However, the offered versions of the Draft Law contain numerous shortcomings and contradict current standards. This paper is an attempt to argue for the unsustainability of the solutions offered.

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DIRK VAN ZYL SMIT · CATHERINE APPLETON, LIFE IMPRISONMENT A Global Human Rights Analysis

Author(s): Jovana Banović / Language(s): Serbian Issue: 2/2019

Review of: DIRK VAN ZYL SMIT · CATHERINE APPLETON, LIFE IMPRISONMENT A Global Human Rights Analysis Harvard University Press, Cambridge, Massachusetts London England, 2019, 447 str.

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NEKE FENOMENOLOŠKE KARAKTERISTIKE KRIVIČNIH DJELA UBISTVA I SANKCIONIRANJE NJIHOVIH UČINITELJA

Author(s): Vedad Gurda,Amar Lukavačkić / Language(s): Bosnian Issue: 1/2019

The subject of this paper are some of the characteristics of the basic and qualified forms of the homicide (N = 109), adjudicated by the Cantonal Court in Tuzla in period 2009-2019. It is the only court with jurisdiction to prosecute such crimes in the Tuzla Canton (Bosnia and Herzegovina) at the first instance. Also sanctions imposed on the perpetrators of these crimes (N = 122) and some features of the criminal proceedings were analyzed. In this regard, it has been established that a large number of homicides in the Tuzla Canton were carried out by using cold weapons, in urban areas and in public areas (street, square, park, etc.). When it comes to the temporal determinants of these crimes, a significant proportion of them are committed in the night or after midnight hours, usually on Mondays and Saturdays and during July. Slightly more than two-thirds of the criminal proceedings for homicide ended with the plea of guilty and plea agreement as simplified forms of criminal procedure, and only 32% of cases were completed in the ordinary criminal procedure. At the end, to 65% perpetrators of the homicide, imprisonment was imposed below a special minimum (<5 years), ie the mitigation of punishment was applied, and it can be stated that the Cantonal Court applies a relatively mild policy of sanctioning in these cases. More than half of the perpetrators (59.8%) were sentenced to imprisonment with some of the security measures, mostly confiscation of things acquired by crime.

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Współmierność reakcji karnej z perspektywy osób trzecich – wprowadzenie do zagadnienia

Author(s): Elżbieta Hryniewicz-Lach / Language(s): Polish Issue: 1/2019

Conviction for a crime raises a number of legal consequences not only for the convicted person, but also for those who are in a family or professional relationship with this person, as well as for the victims of crime. However, the existing regulations applicable to adjudication in criminal matters do not require consideration of the influence of the conviction on the situation of third parties. This fact justifies an attempt to investigate whether the legal system protects these persons from the negative influence of a conviction, and from the effect of the use of instruments of criminal punishment on their family and property, and whether the consequences of a conviction for third persons should be taken into account by the court in the process of adjudication regarding the response to a crime. The author also attempts to formulate a statutory requirement for the criminal court to take into account the individual and social consequences of a conviction, including the consequences of the use of punitive measures, referring in particular to the problem of equality under the law and proportionality of the criminal punishment to the harm suffered by third parties in the event of its application.

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Granica pomiędzy dokuczaniem a przestępstwem stalkingu oraz innymi typami czynów zabronionych

Author(s): Jan Kluza / Language(s): Polish Issue: 1/2019

The article presents issues associated with determining the relationship between the offences specified in Article 107 of the Code of Misdemeanors and the crime of stalking from Article 190a § 1 of the Penal Code, and other types of crimes characterized by the violation of the mental peace of the victim. These acts intersect each other, and the borderline between them is determined primarily by the intensity of the perpetrator’s actions.

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NOWE GRANICE OBRONY KONIECZNEJ? UWAGI NA TLE NOWELIZACJI KODEKSU KARNEGO Z 8 GRUDNIA 2017 ROKU

Author(s): Jan Kluza / Language(s): Polish Issue: 3/2018

The article presents problems arising from the amendment to the Penal Code regarding the extension of the borders of defence of necessity. The amendment is aimed at limiting the criminal liability of the victim defending himself or herself against the assailant when the attack takes place in his or her place of residence. The article presents the reasons for the application of the introduction of this new provision, discusses it and points out the doubts that may arise in its context.

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Z PROBLEMATYKI RETRYBUTYWNEJ ORAZ UTYLITARNEJ SPRAWIEDLIWOŚCI KARANIA

Author(s): Agnieszka Kania / Language(s): Polish Issue: 2/2018

This article is devoted to selected problems of a retributive and utilitarian idea of just punishment. It draws attention to the traditional controversies related to the philosophical and legal explanations of the aforementioned justice, which are also eloquently reflected in the field of criminal liability. The analyses conducted reinforce the belief that the attempt to define justice (also the justice of punishing) belongs to the most intriguing challenges of the contemporary times. The doubts identified within the retributive and utilitarian idea of punishment do not provide a clear answer to the question of what components should be attached to the ‘ideal punishment’ identified with a just penalty. Therefore, the question arises whether the pursuit of an explanation – what in fact is a fair punishment – should be based on these concepts, or whether it would be more appropriate to seek new concepts, capable of being accepted by the modern justice-related penal approach.

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The struggle is real: Theorising community justice restructuring agonistically

Author(s): Jamie Buchan / Language(s): English Issue: 2/2020

This article is a novel use of the ‘agonistic framework’ – a theory of penal change developed in the US, which emphasises the role of hidden conflict – to analyse recent organisational reforms to probation in Scotland. It begins by drawing on recent empirical data to analyse the role of conflict between centralising and localist interests in driving these reforms. This is contrasted with a Scottish policy consensus over decarceration through diversion to community penalties, which despite broad support has been unsuccessful. To explain this contradictory situation, the article builds on recent agonistic literature on the exclusion of some conflicts from penal fields, adding new insights about the circumscription of smaller penal fields. It argues that together these factors serve to ‘crowd out’ debates necessary for substantive change. This new development of the agonistic framework helps explain Scotland’s lack of progress towards decarceration, with policy relevance for other smaller jurisdictions.

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Enabling change: An assessment tool for adult offenders that operationalises risk needs responsivity and desistance principles

Author(s): Rachel Horan,Kevin Wong,Kirstine Szifris / Language(s): English Issue: 1/2020

This article examines the extent to which the risk needs responsivity (RNR) model and desistance principles have been integrated and operationalised in the development of the Enablers of Change assessment and sentence planning tool developed by a Community Rehabilitation Company provider in England. We consider the constructs that underpin the tool, identifying points of departure and similarity between RNR principles (Andrews and Bonta, 2007), the ‘good lives’ model (Ward and Maruna, 2007) and desistance principles (McNeil and Weaver, 2010) and their integration. We examine how these constructs have been operationalised in the tool, which aims to assess needs, strengths, protective factors and contribute to risk assessment. Given the tool’s innovation, this article is of international significance and will make an original contribution to the evidence base on operationalising desistance in the management of people with convictions in England and Wales and other jurisdictions.

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‘From disaster to master’: Exploring the journey beyond desistance in Ireland

Author(s): Wayne Hart,Deirdre Healy,David Williamson / Language(s): English Issue: 1/2020

Desistance scholars maintain that innovative and sustainable mechanisms are needed to support the enhancement of human development. Failure to desist is often attributed to limited personal agency and structural disadvantages such as a lack of education attainment and meaningful employment. Therefore, it is argued that criminal justice responses should break down educational and employment barriers in the desistance process, if we are to help remove hurdles to both social cohesion and social integration. To provide additional insights into this phenomenon, this article presents an autobiographical, reflective and experiential account of these challenges in the life of a desister from multiple perspectives. The narrative reveals that the change process extends beyond the attainment of education and meaningful employment, and describes the challenges faced by both work colleagues and the desister. These accounts are accompanied by a reflective academic commentary that situates these personal work experiences within the wider desistance literature, helping to add a critical appraisal of existing knowledge as viewed through the lens of one person’s desistance process over a 10-year period through education and into employment

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Giving and getting parole: The changing characteristics of parole in England and Wales

Author(s): Nicola Padfield / Language(s): English Issue: 3/2019

This article is written as part of a special issue of the European Journal of Probation, which seeks not simply to describe and to critique ‘parole’ as it has evolved over time, but to focus on the justifications and the actors involved in parole decision-making and supervision. This article explores the changing face of ‘parole’ in England and Wales. The Parole Board today has little in common with the Parole Board of 1967. The characteristics of the prisoners who appear before panels of the Board have also changed. ‘Parole’ is now a very different process, no longer ‘early conditional release’, but what might better be described as ‘delayed conditional release’. This requires a fundamental re-analysis of its purpose and the justifications for its use.

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Diarmuid Griffin, Killing Time. Life Imprisonment and Parole in Ireland

Author(s): Jane Mulcahy / Language(s): English Issue: 3/2019

Review of: Diarmuid Griffin, Killing Time. Life Imprisonment and Parole in Ireland, Palgrave Macmillan: Cham, 2018; 251 pp.: ISBN 978-3-319-72666-3, €119.59 (hbk)

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Aaron Pycroft and Dennis Gough (eds) Multi-agency Working in Criminal Justice. Theory, Policy and Practice

Author(s): Ester Blay / Language(s): English Issue: 3/2019

Review of: Aaron Pycroft and Dennis Gough (eds) Multi-agency Working in Criminal Justice. Theory, Policy and Practice, Policy Press: Bristol, United Kingdom, 2nd edn., 2019; 308 pp.: ISBN 978-1447340249, £24.99

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Lol Burke, Steve Collett and Fergus McNeill, Reimagining Rehabilitation: Beyond the Individual

Author(s): Asbjørn Storgaard / Language(s): English Issue: 2/2019

Review of: Lol Burke, Steve Collett and Fergus McNeill, Reimagining Rehabilitation: Beyond the Individual, Routledge, 2019, 206 pp.: ISBN 978-1-138-23318-8, £19.99 (pbk)

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Early testing and formative evaluation of the Enablers of Change assessment and sentence planning tool for adults with convictions

Author(s): Kevin Wong,Rachel Horan / Language(s): English Issue: 1/2019

The Enablers of Change assessment and sentence planning tool has been designed to assess the risks, needs, strengths and protective factors of adults with convictions. Developed by Interserve, a Community Rehabilitation Company (CRC) provider in England, the tool is an innovation. The first of its kind in the United Kingdom (UK) to operationalise the risk needs and responsivity model with the ‘good lives’ model and desistance principles for the general adult population of low to medium risk of harm individuals managed by CRCs. This article reports the development, early testing and formative evaluation of the tool and recommendations for its onward development. Given that such integration is regarded by many as the ‘holy grail’ of probation practice, this article is of international significance and will make an original contribution to the limited evidence base on operationalising desistance in the management of adults with convictions in the UK and other jurisdictions.

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Exploring probation officer styles and goals with individual, organizational, and social characteristics

Author(s): Brian Payne,Matthew DeMichele / Language(s): English Issue: 3/2018

Probation offices are organizational units that provide the structure necessary to develop shared meaning systems that influence individual level attitudes, values, and beliefs. We analyze survey responses (n = 252) from county-level probation departments (n = 19) in a single state. The dependent variables are three-factor scales combining items to measure enforcement, reentry, and protection scales. Our central goal is to determine if the authoritarian (i.e. law enforcement) and assistance (i.e. social worker) typologies predict supervision goals. The robust regression analyses show that department (e.g. caseload size, number of officers) and county-level measures of poverty and percent black in the population are significant factors for enforcement and reentry. The article concludes with policy implications.

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Faye S Taxman (ed.), Handbook on Risk and Need Assessment. Theory and Practice/Jay P. Singh, Daryl G. Kroner, J. Stephen Wormith, Sarah L. Desmarais and Zachary Hamilton (ed.), Handbook of Recidivism Risk/Needs Assessment Tools

Author(s): Martine Herzog-Evans / Language(s): English Issue: 3/2018

Review of: Faye S Taxman (ed.), Handbook on Risk and Need Assessment. Theory and Practice, Routledge: Abingdon, 2017, 475 pp.: ISBN: 978-1-138-92776-6, £150 (hbk) Jay P. Singh, Daryl G. Kroner, J. Stephen Wormith, Sarah L. Desmarais and Zachary Hamilton (ed.), Handbook of Recidivism Risk/Needs Assessment Tools, Wiley Blackwell: Oboken, NJ, 2018, 315 pp.: ISBN: 978-1-119-18429-4, $68.44 (hbk)

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Probation in Japan: Strengths and challenges and likely new tasks

Author(s): Andrew Watson / Language(s): English Issue: 2/2018

Origins of the probation service in Japan, its administrative structure, the respective roles of Professional Probation Officers (PPOs), hogo kansatsu kan, and the nearly 50 times more numerous Volunteer Probation Officers (VPOs), hogo-shi, are described. Recruitment of VPOs, their backgrounds, increasing age, methods of work and training is outlined, followed by activities of local VPO Associations and Offender Rehabilitation Support Centres. Strengths of the distinctive Japanese VPO system are analysed, followed by challenges it faces. Chief amongst them being the introduction of partly suspended sentences coupled with probation for drug offenders and the need to build adequate medical, psychological, accommodation and employment support to prevent their reoffending and aid recovery. Consequences and new tasks for probation of the widely expected lowering of the age of criminal adulthood are also considered.

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