Search

The article examines European standards in the field of protection of the rights of persons affected by illegal decisions, actions or omissions in criminal proceedings. The norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and some decisions of the European Court of Human Rights are analyzed. Based on the analysis, it is determined that the following standards should be considered as standards for protection of the rights of convicts, victims of illegal decision, action or inaction of the body carrying out operative-investigative activity, pre-trial investigation, prosecutor's office or court: 1) only if she has been convicted of a criminal offense on the basis of a final sentence and must be punished as a result of such conviction; 2) compensation to the person in case of illegal conviction is possible only with observance of the principle of res judicata; 3) compensation to a person in case of unlawful conviction is possible only if the conviction was revoked or pardoned in any case on the grounds that any new or newly discovered circumstance unequivocally proves that there is a miscarriage of justice; 4) the procedure for establishing a judicial error should be decided exclusively at the national level; 5) compensation to a person for damage in case of illegal conviction is impossible if it is proved that a previously unknown fact was not revealed in full or in part due to the convict's fault; 6) the right to compensation within the meaning of p. 5 of Art. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms arise solely on the basis of violation of p. 1-4 of Art. 5 of Convention for the Protection of Human Rights and Fundamental Freedoms. According to the results of the study, it is established that only in compliance with the above standards of protection of the rights of victims of illegal decisions, actions or omissions of the body carrying out investigative activities, pre-trial investigation, prosecution or court can talk about criminal proceedings, which are enshrined in Art. 2 of the CPC of Ukraine, in particular, no innocent person was accused or convicted, no person was subjected to unreasonable procedural coercion and that each participant in criminal proceedings was subject to due process of law.

This paper employs archival data and historical analysis to trace Florida’s penal history, and to connect that history to the economic and social context of the time. Section I reviews the history ...

Port Arthur Historic Site is a World Heritage Property in Tasmania, Australia. Inscribed as one of a suite of sites for the role it played in the British-Australian system of convict transportation...

This article focuses on convict labour in the Namibian–Cape border region in the late 19th and early 20th centuries. It situates this form of unfree labour within broader trans-colonial discussions...

The article examines the features of the implementation by convicts of the right to compensation in case of violation of the conditions of their detention in correctional institutions. The subject of the research is national legislation, materials of the Plenum of the Supreme Court of the Russian Federation, scientific works on the topic under study. The purpose of preparing the article is to determine the circumstances that determine the conditions of maintenance in correctional institutions, in case of violation for which the convict has the right to file a claim for compensation. The methodological basis of the research was formed by such research methods as system-structural, analysis and synthesis. As a result of the work on the article, legislative and doctrinal concepts of conditions for serving imprisonment sentences were considered, factors that led to the appearance of Article 121 of the Penal Code of the Russian Federation in the penal legislation and the structure of this norm and the mechanisms of its implementation were analyzed. The grounds for the implementation by convicts of the right to compensation in case of violation of the conditions of their detention in correctional institutions have been studied. It is noted that the material norms defining the conditions of maintenance in penal institutions are contained in international standards for the execution of sentences, the Penal Code of the Russian Federation, and other laws that secure the legal status of Russian citizens. Conclusions are drawn about the importance of securing in the penal legislation the right of convicts to file an administrative claim for compensation in case of maintenance in a penal institution. The novel in the form of such a legal structure will not only serve as an additional guarantee of the legal status of convicts, but will also strengthen the authority of the Russian Federation at the international level. The study makes a certain contribution to the development of the science of criminal executive law, the theory of human rights and contributes to further developments in this area. The practical significance of the results of the work lies in the possibility of their use in the educational process of educational institutions of the FPS of Russia, in the system of advanced training of practitioners. Key words: convict, conditions of maintenance, right to compensation, administrative statement of claim.

This article aims to examine the position of the convict as justice collaborator in revealing organized crime. A justice collaborator can assist law enforcement officers. The background of the study is the concept of crown witness, which is often used in proving criminal cases, even though it violates human rights. A difficulty in revealing organized crime is that perpetrators mostly do not disclose their criminal network and the parties involved. Information from the convict related to the network of the crime they committed makes law enforcement officers easier to reveal the organized crime. This study used a juridical analysis with an approach to laws and regulations, conceptual method, and comparative method. The results of the study show that convict who chose to become a justice collaborator has a vital role. Law enforcement officers can take advantage of this role in exposing organized crimes without human rights violations to the convict. The convict can have a reward in the form of parole and additional remissions.

Thanks to Michel Foucault, Jeremy Bentham's panopticon has become the iconic modern prison. But Foucault and most of his readers neglect the fact that a significant proportion of Bentham's panoptical writings were concerned with critically contrasting his ideal prison with the reality of penal transportation to New South Wales. Among his many criticisms, Bentham focussed particular attention on the problem of convict reform, arguing that surveillance was necessary to ensure genuine reformation, and that such surveillance was impossible in the open prison of New South Wales. This connection between reformation and surveillance was a pervasive feature of Bentham's thought, reflected in his ideas for a centralised information state as well as his wider corpus on criminal justice. In this paper, I historicise Bentham's theory of reformative surveillance, and argue that Bentham, writing from London, misunderstood the importance of surveillance to the penal colony. At least in theory, convicts in New South Wales were subject to extensive systems of surveillance, and the failure of these systems in practice point to the limitations of Bentham's own, largely hypothetical, plans. Grâce à Michel Foucault, le Panoptique de Jeremy Bentham est devenu le symbole de la prison moderne. Mais Foucault – ainsi que la plupart de ses lecteurs – oublie le fait qu'une grande partie des écrits panoptiques de Bentham s'attachait à opposer de manière critique sa prison idéale à la réalité de la transportation vers la Nouvelle-Galles du Sud. Parmi ses nombreuses critiques, Bentham a porté une attention particulière au problème de la réforme du bagne. Son argument central était la nécessité de la surveillance pour assurer une véritable réforme, et qu'une telle surveillance était impossible dans le système de prison ouverte propre à la Nouvelle-Galles du Sud. Ce lien entre réforme et surveillance était une caractéristique omniprésente dans la pensée de Bentham, reflétée dans sa promotion d’un Etat qui centraliserait l'information ainsi que dans son corpus plus large sur la réforme pénale. Dans cet article, je fais l'historique de sa théorie de la surveillance réformatrice et je soutiens que Bentham, qui écrivait depuis Londres, a mal évalué l'importance de la surveillance pour la colonie pénitentiaire. Au moins en théorie, les condamnés de la Nouvelle-Galles du Sud étaient soumis à des systèmes de surveillance étendus, et l'échec de ces systèmes dans la pratique démontre, par ricochet, les limites des projets, largement hypothétiques, de Bentham.

В статье рассмотрены актуальные вопросы развития психолого-педагогического обеспечения педагогических работников в образовательных учреждениях уголовно-исполнительной системы. Представляется актуальным и перспективным направлением создание необходимых ситуаций для профессионального образования лиц, отбывающих наказание в виде лишения свободы, совершенствование учебно-воспитательной работы с осужденными, сохранение и укрепление рабочих кадров системы исполнения наказаний. В соответствии с требованиями Приказа Министерства юстиции России от 24.03.2020 года №59 «Об утверждении Порядка организации профессионального образования и среднего профессионального образования лиц, спецконтингента к лишению свободы и отбывающих наказание в учреждениях уголовно-исполнительной системы Российской Федерации» обосновывается необходимость получения осужденными профессионального образования и среднего профессионального образования. Профессиональное образование обладает огромным творческим потенциалом, а также способствует повышению результативности исправления, ресоциализации лиц, отбывающих наказания по уголовным статьям, и социальной адаптации освобожденных из мест лишения свободы., The article deals with topical issues of the development of psychological and pedagogical support for teaching staff in educational institutions of the penal system. It seems to be an urgent and promising direction to create the necessary situations for the professional education of persons serving sentences in the form of imprisonment, to improve educational work with convicts, to preserve and strengthen the working personnel of the penitentiary system. In accordance with the requirements of the Order of the Ministry of Justice of the Russian Federation dated 03/24/2020 No. 59 "On approval of the Procedure for the organization of vocational education and secondary vocational education of persons who are sentenced to imprisonment and serving sentences in institutions of the penitentiary system of the Russian Federation", the necessity of obtaining vocational education and secondary vocational education by convicts is justified. Vocational education has a huge creative potential, and ..

The article is devoted to an empirical analysis of diagnostics problems study of personality traits among convicts serving sentences in prison.On the basis of the obtained data, the psychological characteristics of negative personal traits of convicts in the aspect of psychological support of educational impact on them are determined.The author of the article used the «Dark triad» questionnaire developed in 2002 by Canadian researchers Delra Paulhus and Kevin Williams. This questionnaire is aimed at measuring the subclinical personality traits included in the so-called «Dark triad»: narcissism, psychopathy and machiavellianism. This method has shown its effectiveness in the diagnostic work of prison psychologists. The key task of the study was to identify statistically significant differences in the groups of convicts serving their first sentence and those who had previously been convicted several times.The study involved 200 convicts. Comparing the differences in the groups of convicts, the author notes their specificity. In particular, high levels of dark constructs were identified from a group of repeatedly serving sentences in places of liberty deprivation.The presence of pronounced negative personality traits form a single global index of «dark personality». Scales of the «Dark triad» that reflect the negative personal core allow to quickly get the necessary indices and identify the mechanisms of convicts’ functioning serving sentences in correctional institutions.Prison psychologists need to take into account the high rates of negative constructs in order to implement psychological support measures for convicts throughout the entire period of serving their sentence.

There are many law writers in the world, Jail is the spot wherever all the law breakers are put behind the poles There are many probabilities in secure unit that convicts can run away from lockup. There are many types of machinery obtainable in and around the world, none of the effects helps to cut the probabilities of avoidance from the lock up, so we formed a system to keep the convict from avoidance from jail because lockup safety is also the municipal safety in the world. We used RF (Radio F, Actuator frequency) method to guard the lockup. essentially, in a set of connections the space between a pair of nodes is projected from the Radio Frequency (RF). So, we used this scheme to real time monitor the distance between the convict and the control room and we can observe the convicts heart rate. Once convicts try to cross the limit of the jail it gives the awareness to the control room.

The article considers the problems that arise in the process of application of amnesty acts, as well as the prospects for the development of the institution of amnesty in the criminal law of Ukraine. The current legislation governing the application of amnesty is analyzed, in particular, the Criminal Code of Ukraine, the Law of Ukraine "On Amnesty", the Law of Ukraine "On Amnesty in 2016", etc., based on which shortcomings and ways to improve legal regulation in this area were identified.In particular, it is noted that amnesty, unlike other types of release from punishment, can be considered a kind of "forgiveness" of a person who has committed a criminal offense and was found guilty. The application of amnesty is not connected by the legislator with the manifestations of positive post-criminal behavior of the convict, nor with the terms that have passed since the commission of the criminal offense, as well as the change of any other circumstances. At the same time, a person who has committed a criminal offense and received a "pardon" from the state must prove that he or she is worthy of such trust and the decision to release him or her will not create a sense of impunity. It is possible to ensure the realization of this goal and significantly increase the effectiveness of the amnesty through the effective use of the institution of probation.It is established that the existing shortcomings of the amnesty mechanism, in some cases, lead to its unjustified non-application to persons subject to amnesty, and in others - release from serving the sentence of accused and convicted persons to whom the amnesty does not apply. The expediency of introducing the practice of release from serving a sentence on the basis of the law on amnesty only under certain conditions, for example, with the consent of the victim to such release is substantiated. It should also be an important condition for the suspect to express a wish to have an amnesty applied to him, to admit his guilt and to reimburse or undertake to reimburse the damages caused by him or to remedy the damage caused by the criminal offense before the trial.

This paper places a well-known controversy about the jurisdiction of nineteenth-century magistrates in its imperial context. In particular it shows how and why conversations about convict managemen...

The relevance of the work consists in the clearest definition of the subject of Prosecutor's supervision when the court considers materials on changing a convict’s type of correctional institution. The Prosecutor's office's supervision of the execution of sentences in places of deprivation of liberty should be aimed at unconditionally observing the rights and legitimate interests of persons serving criminal sentences, however, there are still serious problems in correctional institutions that negatively affect the implementation of the tasks and goals of criminal punishment. The reason for this is still cases of “superficial” and non-professional approach to the study of the personality of convicts who are subjects of legal relations that occur when their behavior changes (in a positive or negative direction) in places of deprivation of liberty. The Prosecutor's supervision and its activities in this regard are considered as one of the guarantees of the rights of convicts to improve their legal status, which fully implements the constitutional principle of respect for the dignity of the individual, humanism, justice and the rule of law. The materials of Prosecutor's checks, judicial practice, analysis of statistical materials, materials of dissertations, monographs and journals included in the international global scientific databases studied in the course of the research allowed us to determine the most effective ways to solve the problems considered. These include the need for direct, timely and step-by-step participation of prosecutors in this process, as well as high requirements for their professional and personal qualities. The selection and analysis of these factors allowed the authors to determine in detail the subject of the Prosecutor's activity in the mentioned study – it is an active and qualified activity of the Prosecutor (Prosecutor's supervision) in the field of criminal enforcement legislation, aimed at identifying, preventing (preventing) and eliminating violations of the rights and legitimate interests of convicted persons serving a sentence of imprisonment. The main research methods used were: analysis of theoretical and regulatory sources; comparison; generalization and analysis of documents. Their application allowed the author to analyze the subject in question in the relationship and interdependence of its constituent elements, their integrity, comprehensiveness and objectivity.

Wrongful convictions and miscarriages of justice, their reasons and effects, only rarely become the subject of academic debate in Poland. This article aims at filling this gap and providing a discussion on the current challenges of mechanisms available in Polish law focused on the verification of final judgments based on innocence claims. While there are two procedures designed to move such judgment: cassation and the reopening of criminal proceedings, only the latter aims at the verification of new facts and evidence, and this work remains focused exactly on that issue. The article begins with a case study of the famous Komenda case, which resulted in a successful innocence claim, serving as a good, though rare, example of reopening a case and acquitting the convict immediately and allows for discussing the reasons that commonly stand behind wrongful convictions in Poland. Furthermore, the article examines the innocence claim grounds as regulated in the Polish criminal procedure and their interpretation under the current case law. It also presents the procedure concerning the revision of the case. The work additionally provides the analysis of the use of innocence claim in practice, feeding on the statistical data and explaining tendencies in application for revision of a case. It also presents the efforts of the Polish Ombudsman and NGOs to raise public awareness in that field. The final conclusions address the main challenges that the Polish system faces concerning innocence claims and indicates the direction in which the system should go.

In the article, based on the analysis of the materials of criminal cases initiated in 2010-2015, an attempt is made to identify certain criminal characteristics of the personality of a typical convicted person who commits crimes in the form of disorganization of the institution providing isolation from society during the period of serving a criminal sentence in the form of imprisonment in correctional colonies of general, strict and special regimes. It was found that the commission of such crimes is typical of male persons with secondary education. As a rule, penitentiary criminals disorganizing the activities of institutions that provide isolation from society are not on preventive and medical records. However, such a category of criminals more often has two or more criminal convictions, the experience of committing crimes related to violence or the threat of its use, as well as crimes against justice and state power. A characteristic feature of convicts committing such crimes is also the fact that the majority of such persons are violators of the established regime of serving punishment.

Josef Lainck, a German national emigrated to Canada in July 1927. He arrived in Quebec City and travelled west to Edmonton, Alberta where he became a burglar and shot a police officer. Lainck was arrested in November 1927 and deported to Germany in 1938, upon arrival he was arrested and interned in the Sachsenhausen concentration camp until April 1945. This article will examine Lainck’s emigration to Canada, arrest and deportation to Nazi Germany. Lainck’s case is illuminating as it reveals information on deportations from Canada and the Third Reich’s return migration program and how undesirables were treated within Germany. The Third Reich’s return migration plan encouraged returnees to seek their deportations as a method of return. Canadian extradition procedures cared little for the fate of foreign nationals expatriated to the country of their birth regardless of the form of government or the turmoil that plagued the nation. This work will compare Canadian to American deportation rates as an illustration of Canada’s harsh deportation criterion. In this article, the policies and practices of immigration and deportation are discussed within a framework of insecurity as a key driver for human mobility in the first half of the 20th century.

In new age scenario Prisons are meant not only to punish the convict but also correct the situation and habits of the convicts, who is responsible for inflicting harm on the victim. But family members of the convict are also the victim in the process and situation. Convicts family face the horrific situation during this process. Prisoner’s families are maltreated directly and indirectly by the society. They live in destitution. Imprisonment of family member not only diminishes the earnings of adult men but also reduces familial resources for the basic necessities of life. The family members have to sacrifice their children’s education, ancestor’s property, past savings, in some cases even necessary wants of their life. We always think about the victim on whom the harm has been directly inflicted and completely ignore the harm inflicted on the kin of the convict. The present study is an endeavour to bring to light the economic vulnerability of families of convicts in a prison in Bhubaneswar. After interviewing the family members of prisoners, statistical analysis is done through SPSS. The findings are elaborated in narrative manner so that the findings will be helpful for policy makers in future.

One of the rights of convict is obtaining parole. To get his right as a convict in order to get parole requires the consent of the convict's family as a guarantor. The aims of the research are to know the arrangement of parole to the convicts and to know the role of the family as a guarantor in granting parole to convicts. The method of research is the type of normative legal research. Approach of problem is approach of conceptual approach and legislation. Source of primary and secondary legal materials. Collection of legal materials by reading or studying books of legislation and other literature and added with the results of interviews. The analysis of legal materials is done by analytical descriptive. Results and discussion is the regulation of parole shall be granted to a convict who has served a criminal offense of at least 2/3 (two-thirds) with the provisions of 2/3 (two-thirds) of the criminal period not less than 9 (nine) months. it is regulated in Government Regulation no. 99 of 2012, Regulation of the Minister of Justice and Human Rights, Regulation of the Minister of Justice and Human Rights Number M.01.PK.04-10 of 2007, Ministerial Regulation no. 21 of 2013 which contains conditional pretrial conditions and procedures for convicts. Approval of the family as a guarantor is one of the mandatory requirement in granting conditional exemption to the convict because the family will be responsible in guiding and supervising the convict if they have obtained the Conditional Paragraph, providing information about the circumstances of the convicts and the family is also obliged to assist the economic condition because in general the convicts the newly acquired parole has not had a job yet.

As a place of heritage, the Port Arthur Historic Site in Tasmania, Australia, provides a substantial representation of a colonial landscape. Principally associated with Australia’s convict history,...

Economic crimes in Libya have become a source of concern for all honorable Libyans who aspire to build their desired state. Economic crime was and remains the foremost enemy of economic development in this afflicted country. And as a first step to learn how to combat this bad phenomenon, this study identified methods of illegal gain before and after the February 17, 2011 revolution in Libya, with reference to the role of the political system in the growth of this phenomenon. In Libya, for the non-political and non-leadership figures, in the absence of the institutions of the modern state, with a noticeable weakness in regulatory regimes and security bodies, once the illegal money is acquired (illegally acquired funds) without the presence of criminal evidence can be used to convict or accuse someone, whereupon, the money will be clean and washed, no need for the process of washing. This situation is continued until after the revolution of February 17, 2011. Dictatorial Political system in Libya was one of the difficulties that prevented the process of money laundering fighting and the illegal gain. Dictatorial Political system in Libya was turning a blind eye to criminal activities associated with the illegal gain and money laundering which was executed by Members of the Revolutionary Committees and the Revolutionary Guards in return for (in exchange for) providing the protection to this system in order to stay in power as long as possible. The spread of poverty among the sons of Libyan people contributed to the growing of the illegal gain phenomenon and money laundering. The lack of effective oversight bodies and security agencies has also contributed to the growth of all negative phenomena within Libyan society. When the Libyan revolution occurred in 2011 and in the shadow of overwhelming chaos – it is still going on, many criminals and prisoners “who emerged from prisons during that period” made huge fortunes in illegal ways. These people will become businessmen in the future. What is expected of this group of people will be disastrous. The expected thing about this group of criminals is that they will not be lambs, they will be predatory wolves. Based on this expectation, the level of economic crimes and corruption in the Libyan state will increase in the future. There are some difficulties that will face the new Libyan government to fight of money laundering phenomenon and the illegal gain. The new Libyan government will face many challenges when it begins to combat economic crime phenomenon, that challenges are the spread of weapons and the vast geographical boundaries. Proliferation of arms in the hands of the people is the most important challenge that will hinder the process of combating money laundering and illegal earning activities. The lack of possibilities to guard the geographical boundaries of Libya to prevent illegal immigration and smuggling of goods, fuel and drugs. It is also another challenge. As a radical solution to this negative phenomenon, this study suggested the optimal methods to combat the phenomenon of illegal earning and money laundering in Libya.

Gaius Suetonius in Vitae Galbae, as part of his Vita divi Augusti, described the case of a banker (nummularius) and the penal sanction applied to him by the later emperor Galba. The governor of the province of Hispania Tarraconensis ordered to cut off the hands of a banker who was unfairly changing money. In order to show even greater severity of the punishment, he ordered the cut off hands to be nailed to the table where the banker was performing the dishonest acts. Undoubtedly, nummularius punished by Galba conducted operations within mensa nummularia. The owners of the cantors used qualified people recruited from among the lower social strata, mainly slaves, to perform mint operations. The professional examination of the quality of a coin required a great deal of specialist work. The convict participated in the banking activity as a support technical personnel. The minting and testing operations ended with sealing the purse with tesserae nummulariae. Such specialized operations were not performed by Roman citizens. The content of tesserae nummulariae may be an indication that the testing operations were performed by slaves. Servi had actual knowledge of the contents of the controlled purses and the control process could be an opportunity for abuse or even punishable acts. The slave would therefore suffer a well-deserved and adequate punishment in the form of chopping off his hands and nailing them to the table at which he dishonestly carried out minting and testing activities.

In the early twentieth century, many states turned to convict road labor in response to the clamor for good roads and the contemporaneous crisis of imprisonment. States, guided by the federal government that served as an information broker, developed two main types of convict labor program—the honor and guard systems. These systems differed by regional and local context. Colorado developed the honor form of convict labor based in Progressive principles. The Colorado system offers a case study in local conditions that took on national importance as Warden Thomas Tynan became enmeshed in a national network of Progressive penal reformers helping define state-run convict labor systems. This essay follows the reform ideology and financial incentives that drove Colorado's honor program, showing how capitalist labor motivations were balanced with ideals of reform. The honor system spread across the United States, and the story of this system complicates regional paradigms while highlighting national patterns. The story of honor guard convict labor and infrastructure development connects Progressive Era reform, penal reform, labor history, and regional and demographic patterns.

The Author studies safety of convicts and staff during conviction. It is emphasized that infectious or viral diseases of pandemicnature are among potential threats which endanger life and health of convicts and correctional staff. The article notes that convicts andcorrectional staff are the most vulnerable to infectious or viral diseases of pandemic nature. It is related to the fact that correctionalfacilities (CF) are the locations where people are most congregated while many of them have number of concomitant diseases like seriousinfection, incurable illness, TB, hepatitis, HIV, etc.It is emphasised that the state’s primary task is not only ensure but also develop sound measures to protect the above individualsin practice. The article notes that the implementation of these measures will be more efficient if the components of the term of “safety”are clearly defined. This will allow to define comprehensive measures required to save as many human lives as possible and ensuregood health as human life and health are the highest priorities for the society and state. The article provides analysis of the definitionof the term of “safety” and its components. The conclusion goes that in order to ensure safety of convicts and correctional staff the statemust take all required measures to protect life and health of the above from any source of danger during conviction.The article acknowledges that proper living conditions in Ukraine are still not ensured, the minimum essential sanitary standardsin CF are inadequate, despite of a number of laws designed to improve conviction conditions have been passed. It is noted that it’s theresponsibility of the government to protect life and health of the convicts and correctional staff, however due to various factors not allmeasures are efficient enough to successfully prevent COVID-19. Multiple convict and staff safety violations are found in CF during the pandemic in Ukraine. The article includes recommendationsof international organisations including WHO, recommendations of the CE Commissioner for Human Rights, High UN Commissionerfor Human Rights, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment on all requiredmeasures to ensure to life and health of convicts and correctional staff.The Author provides the following recommendations on resolving the problem of safety of convicts and correctional staff:amnesty; adequate social, economic, organisational and legal measures; sufficient funding of CF’s; amending of penal correction le -gislation aimed at its improvement.

The problem of convicts arising between a doctor and a patient in a dental clinic is presented. The characteristic of con^ictogenic personalities and con^ictogenic situations, the occurrence of which is possible at a dental appointment, is given. The ways and methods of creating an optimal relationship between a dentist and a patient are presented, which allows you to conducttreatmentwith maximum ef^ciency and mutual bene^t. Dentists, starting their independent professional activities, should correctly use psychological skills at outpatient appointments: the ability to speak, hear, persuade, establish positive interpersonal contacts with different psychological types of patients, recognize emerging convicts at the initial stage, not get involved in the convict itself, be able to manage the convict and extinguish it using psychological techniques and techniques. Fully meet the expectations of the patient who has applied for help in a medical institution.

During the trial, witnesses were often found retracting the testimony of witnesses given during the investigation (Police) in court. There are many reasons that the revocation is given by the witness to revoke the witness's BAP that has been given before the investigator. The problem studied is how the consequences of the revocation of the BAP in front of the trial affect the judge's decision in Decision No. 201/Pid.Sus/2018/PN Simalungun. The research method uses a normative juridical approach, which is an approach based on the main legal material by examining theories, concepts, legal principles and legislation. In Decision No. 201/Pid.Sus/2018/PN Sim that the strength of the evidence of the witness's BAP becomes an integral part of the investigation file and is finally transferred to the District Court for trial, it has become evidence of affidavits. That the consequence of the revocation of the witness's BAP before the trial in Decision No. 201/Pid.Sus/2018/PN.Sim did not affect the judge's decision to convict the defendant, because the Panel of Judges considered that the revocation of the witness's BAP did not have a strong reason and the defendant's actions were also categorized as extraordinary crime.

The phrase “chattel slavery” evokes a narrative of the Atlantic slave trade as people with African heritage were stolen, forced to labour under abhorrent conditions, and were powerless to prevent t...

The British colonisation of Australia was made possible by its co-option of unfree labour. Unwillingly placed at the leading edge of the colonising wave, the convict provided the labour power and s...

Parramatta was the second British settlement established in mainland Australia, and for a time was the largest. Its burial ground and monuments, the oldest surviving British cemetery in mainland Australia, provides important evidence for the aspirations, attitudes and practices within this fledgling community. It reveals the role of improvement concepts and practices in popular as well as governmental culture, representing an experiment in secular control over burial decades before the urban non-denominational cemetery first appears in England. The primary chronological focus here is from the foundation of settlement in 1788 to c 1840, by which time free settlers as well as emancipists had transformed Parramatta from a convict settlement into a colonial town.

The study presents the development of imprisonment in Poland up to the 19th century. The old Polish law, in the scope of broadly understood punishments in the wild, provided for several significantly different forms of isolation. These differences were a consequence of the entities to which they could be used, the manner of execution, and the consequences of use (disgraceful or non-disgraceful). The places of its execution were also varied. These could have been dungeons, fortresses, castles, monasteries, prisons, taverns rented for this purpose, or the house of the convict. Imprisonment sanctions becoming markedly accelerated, changed the system of medieval execution of penalties based on corporal punishment in the direction of modern penal systems, based on isola-tion, as an independent and dominant criminal sanction.

In this article provided a comparative overview of the contemporary issues of the two modern Interpretations .These are the modern issues that are discussed in it :Emirate of woman and Islam, Women's rights are equal to the rights of Men ,so that humanity is in Islam ,Men are the guardians of Women in transactions ,Women comfort in convict. The status of women among the people of Greece and Roman, The differed for the duration of breastfeeding, Separation of the child is permissible before the end of the lactation period ,Western outrageous culture and its impact ,Fee for nursing parent ,The issue of the sanctity of usury. Promoted image of usury in the era of ignorance and its rule. Updated pictures of usury and its ruling. Punishment for usury eaters, Harms of usury and the benefits of alms. The sanctity of usury and the living system in Islam ,The difference between trade and usury. The issue of polygamy, the benefits of polygamy and the wisdom of Sharia, the Holy Prophet(S.A.W.S) and polygamy, the issue of marriage between a Muslim and an infidel, is it permissible to marry a Muslim with the people of the book?

The discussion of this research is within the scope of the implementation of one of the fostering independence of the entrepreneurship guidance program. Entrepreneurship is a creative and innovative behavior and ability so that it can be used as a basis to gain profits through a skill in the field of business, besides that entrepreneurial activities can also be used as a program for the formation of entrepreneurial behavior in prisoners. Prisoners are convicts who are undergoing the crime of missing independence at the Correctional Institution, Correctional Institutions are required to provide a forum for inmates so that prisoners can channel their talents and expertise and expertise interests. The objective of the researcher in conducting research is to find out the implementation of fostering independence and inhibiting factors or obstacles in the continuity of the process of fostering entrepreneurial independence, where each activity process has obstacles in the process of such activities such as the results of research on the independence fostering program at the Class IIA Mataram Prison there are still obstacles such as the lack of budget, the quality and quantity of the officers themselves and the facilities and infrastructure that support the success of the self-help development program itself. Doi: 10.29408/jpek.v4i1.1977

O presente artigo analisa as práticas de investigação, desenvolvidas pela Comissão de Investigação Sumária, em Pernambuco, que visavam a processar, punir e condenar um conjunto de cidadãos civis considerados subversivos nos primeiros meses da ditadura militar de 1964. Além das entrevistas realizadas com os ex-presos políticos que foram investigados pela comissão, são analisados os inquéritos de investigação sumária por meio dos quais é possível compreender como funcionavam as estratégias de produção e seleção das provas, seus critérios de validação e os objetivos que moviam as ações da referida comissão. A documentação demonstra que o principal interesse dos inquéritos era promover a cassação política dos cidadãos contrários à ditadura militar instaurada em 1964.

The convict code guides behaviors, beliefs, and interactions of incarcerated people by encouraging them to mind their own business, never back down, keep to themselves, and not get too close with c...

Zusammenfassung. Die Möglichkeit, gemäß § 105 Jugendgerichtsgesetz (JGG) heranwachsende Straftäterinnen und Straftäter im Alter zwischen 18;0 und 20;11 Jahren in Abhängigkeit von ihrem Entwicklungsstand als Jugendliche oder als Erwachsene zu verurteilen, besteht seit 1953. Das Problem: Eindeutige Kriterien zur Bestimmung des individuellen Entwicklungsstandes gibt es weder für die Richterinnen und Richter noch für die Sachverständigen. Bei den Richterinnen und Richtern führt das in dieser Altersgruppe teilweise zu willkürlichen Entscheidungen, die das Gebot der Gleichbehandlung in Deutschland verletzen. Die Sachverständigen entscheiden mangels eindeutiger Kriterien bei der Reifebeurteilung fast immer auf jugendlich. Neuere Erkenntnisse der Neurowissenschaften und der Entwicklungspsychologie zeigen, dass nicht nur Jugendliche, sondern auch Heranwachsende und junge Erwachsene bis zum Alter von 25 Jahren in der Regel noch über signifikante Entwicklungsressourcen verfügen. Nach einem Überblick über die Rechtspraxis im Umgang mit jungen Erwachsenen im europäischen Ausland werden Alternativen zur Reifebeurteilung vorgeschlagen.

In the era of mass incarceration, millions of American citizens have been disenfranchised by the social stigma of a felony conviction. Mentorship of formerly incarcerated (FI) students by FI academics—many of whom identify with Convict Criminology (CC)—is slowly forging a pathway out of the social wasteland of past felony convictions. A common goal of CC is to help FI students and academics overcome the social and structural barriers that severely limit their life chances, as well as those of millions of FI citizens in the world’s largest prison system. In this article, three FI criminology faculty members focus on the vital importance of mentorship presented through individual autoethnographic writings. We emphasize four prominent narratives or themes: (1) common narratives of the role of mentorship: encouragement, inclusion, and social capital; (2) differing narratives of the role of mentorship; (3) common narratives of the role of mentorship: experiences of mentoring as activism and advocacy; and (4) common narratives of the role of mentorship in reducing professional fragility. We also consider other dynamics that might emerge in the mentor–mentee relationship involving FI individuals, including the complexities of “coming out” as FI and the fragility of FI identity in the academic world. We conclude with recommendations for future research on the role of mentorship for FI individuals and make suggestions for other areas of study for CC, more generally.

Recent advances in forensic science, especially the use of DNA technology, have revealed that faulty forensic analyses may have contributed to miscarriages of justice. In this study we build on recent research on the general public’s perceptions of the accuracy of 10 forensic science techniques and of each stage in the investigation process. We find that individuals in the United States hold a pessimistic view of the forensic science investigation process, believing that an error can occur about half of the time at each stage of the process. We find that respondents believe that forensics are far from perfect, with accuracy rates ranging from a low of 55% for voice analysis to a high of 83% for DNA analysis, with most techniques being considered between 65% and 75% accurate. Nevertheless, respondents still believe that forensic evidence is a key part of a criminal case, with nearly 30% of respondents believing that the absence of forensic evidence is sufficient for a prosecutor to drop the case and nearly 40% believing that the presence of forensic evidence – even if other forms of evidence suggest that the defendant is not guilty – is enough to convict the defendant.

We merge data on spatial variation in the presence of convicts across eighteenth and nineteenth century Australia with results from the country's 2017 poll on same-sex marriage and with household survey data. These combined data allow us to identify the lasting impact of convict colonization on social norms about marriage. We find that in areas with higher historical convict concentrations, more Australians recently voted in favor of same-sex marriage and hold liberal views about marriage more generally. Our results highlight how founder populations can have lasting effects on locally held social norms.

The article presents the concept of readiness of the convict’s personality for a law-abiding lifestyle, the provisions of which provide theoretical grounds for diagnosing such readiness and determining the system of psychological and pedagogical tasks for its formation in the correctional process. The concept provides a general understanding and the main components of the personality’s readiness for a law-abiding lifestyle; the spheres of life activity, in relation to which it should be formed; a system of psychological properties that form it, that are essential in determining law-abiding behavior and lifestyle in general. The author comes to the conclusion that the readiness of the convicted person to a law-abiding lifestyle is a system of psychological characteristics of the person, which act as internal prerequisites for the implementation of socially adapted life activities, preventing illegal acts. It is possible to distinguish three main components: 1) motivational-volitional attitude to lead a law-abiding lifestyle, which is the presence of desires to establish such a lifestyle, combined with volitional attitudes to implement them, observing self-discipline; 2) preparation for the legitimate solution of life’s problems, ensuring the satisfaction of their needs and legitimate interests as a system of evaluation and guidance ideas, labor and social knowledge, skills and abilities; 3) anti-criminal stability, which expresses the rejection of illegal ways of action and the ability to resist criminal influences and circumstances. The main areas of life, in relation to which it is necessary to form a readiness to act lawfully and be socially adapted, are: the sphere of material support of life; the sphere of interaction with other people; the sphere of performance of legally established duties; the sphere of leisure and entertainment. In relation to each area, it is necessary to form not only readiness for law-abiding behavior and solving life’s problems in a legal way, but also stability against committing illegal and deviant acts that carry the risk of committing such acts. The psychological essence of the convict’s readiness for a law-abiding lifestyle is a system of psychological characteristics of the personality that are essential in determining law-abiding life in conditions of freedom.

Purpose This paper aims to convict the offender of real concurrence offenses of the most severe offense and applying the most severe penalty will result in no distinction between the perpetrator who conducted more than one act and the one who conducted only one act. This approach deviates from the purpose of criminal law. The real concurrence of offenses means several offenses, the perpetrator’s dangerousness and culpability are much higher than the perpetrator who commits just one crime, so combined punishments for several offenses should be applied to the real concurrence of offenses. Design/methodology/approach If the depositors are acquaintances or relatives and friends, the relationship can be explained by “personality trust.” If the depositors are strangers, but they have complied with their duties of care, the deposit relationship can be explained by “system trust.” Findings The real concurrence of offenses means several offenses, the perpetrator’s dangerousness and culpability are much higher than the perpetrator who commits just one crime, so combined punishments for several offenses should be applied to the real concurrence of offenses. Originality/value The principle of choosing the most severe punishment applied to the real concurrence of offense should be abolished. As the perpetrator separately conducts two acts at different times, these acts infringe on different legal interests. Although these acts exist closely, the authors cannot deny that these acts constitute more than one offense.

The author’s main research aim was to analyse a work by Andrzej Komoniecki, alderman of the town of Żywiec, in Lesser Poland, entitled Chronografia albo Dziejopis Żywiecki [Chronography, or Żywiec chronicle]. This chronicle, covering the period up to 1728, is an extremely valuable source for the study of the urban culture of Żywiec during the Old Poland period. Detailed analysis has revealed very numerous and valuable information concerning music, in most cases entered under specific year dates, which provides a point of departure for the study of music in old Żywiec. All the music-related information from Chronography is presented under three headings: folk, church and court music. The first of these groups is relatively small, but there are notable mentions of dancing and music-making in an inn, a song sung by a convict, and, most interestingly, a relatively detailed description of highlander dances and music from the year 1716. The lively development of sacred music is evidenced by numerous mentions of altarists, cantors, parish school teachers (some of whom were instrumentalists) and organists. Especially detailed is the information concerning the organ in the parish church. Another extremely valuable item is the description of a fresco from 1542, no longer existing, which depicted figures playing various instruments. This description proves that the town’s owners enjoyed very close links to the parish church. As for court music, an ensemble probably existed at Żywiec Castle as early as the sixteenth century. Collected in this article is all the available information concerning court music in Żywiec. Of special interest are the mentions of concerts held in the church during which family members of the town’s owners performed. There are also multiple mentions of music played from the church tower by the court trumpeters.

Between 1822 and 1824, just under 100 convict absconders from the mainland penal settlement at Port Macquarie were relocated to Van Diemen’s Land under executive orders they be retained at the isla...