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Drawing upon archival research and documentary analysis, this article offers the first in-depth critical account of the prison modernisation narrative in England and Wales. By closely examining the claims behind the UK Government's current prison building policy, the article reveals that prison modernisation is severely undermined by a lack of supporting evidence as well as arguments which indisputably serve to contradict the government's claims. In concluding that modernisation is a seductive and elusive concept which has been deployed to legitimate and support investment in the prison estate, the article offers new and important insights that contribute to critical research agendas around the endurance, survival, and growth of the prison, despite irrefutable and overwhelming evidence of its failure. The analysis presented here should encourage and embolden academics, policy makers, practitioners and politicians in England and Wales, as well as those in jurisdictions where modernisation is also used to legitimate prison expansion, to engage more critically with the claims behind prison modernisation. [ABSTRACT FROM AUTHOR]

Введение: одним из приоритетных направлений современной уголовной и уголовно-ис­полнительной политики является гуманизация назначения и исполнения наказания. Наличие даже самого гуманного, справедливого законодательства еще не приводит к желаемой цели. В свою очередь, это обязывает рассматривать законодательство как неотъемлемый элемент уголовной политики, которая должна своевременно реагировать на происходящие измене­ния в социуме, учитывать современные реалии и тенденции. Целью исследования является определение системности гуманизации назначения наказаний и его исполнения, взаимосвя­зи санкций, закрепленных в отечественном уголовном законодательстве, с эффективностью уголовно-правового реагирования государства на преступления, совершаемые женщинами, в том числе имеющими малолетних детей. Методы: историко-правовой, формально-юриди­ческий, сравнительно-правовой, дескриптивный, статистический методы и метод правового моделирования. Результаты исследования подтверждают необходимость формулирования стратегии гуманизации уголовного и уголовно-исполнительного законодательства о борьбе с преступлениями, совершаемыми женщинами. Выводы: при выборе мер процессуального принуждения и уголовного наказания следует учитывать данные, относящиеся к характери­стике личности (возраст, состояние здоровья, род занятий, семейное положение, наличие ма­лолетних детей, лиц, находящихся на иждивении, и другие индивидуальные обстоятельства).

Authors decided to raise the problem of assessing the cumulative legal qualification of an act, which directly affects the punishment imposed on the perpetrator and, consequently, influences enforcement aspects, including the imposed probation measures. The scientific discourse is conducted on the basis of the background of the previously applicable construction of the elimination of the provisions of the Act. The dogmatic method, case law analysis and desk research were used in the study. Both approximate structures in the form of cumulative legal classification of an act and the eliminative confluence of provisions of the act have their advantages and disadvantages. However, it is impossible not to notice that the use of the cumulative legal classification of an offense in the practice of justice, which has been in force for almost 55 years, has a significant impact on limiting the courts' ability to apply each of the catalog of probation measures provided for by the applicable Penal Code. The strict penal policy, resulting indirectly from the use of cumulative legal classification of the act, undoubtedly affects the level of repression, which effects in a high rate of prisonization in Poland, especially compared to the European Union countries.

AbstractBackgroundMethodsResultsConclusionAs the UN urges states to move from harsh punishments for drug offences towards treatment programmes, Indonesia has adopted a bifurcated penal policy. Most of those convicted are sentenced to imprisonment or death, but some ‘minor’ offenders are diverted to drug treatment centres. We explore the moralities that shape drug policy, justice professionals’ interpretation and application of laws and policies, and judgements about who is deserving of diversion.We draw on experiences and perceptions of 136 Indonesian criminal justice professionals, through in-depth qualitative interviewing and focus groups, to reveal the moral landscapes shaping policy and practice.Justice narratives blur penal concerns with moral judgments about drug offending, with normative responses shaping punishments in law and practice. While there is some compassion for ‘minor’ drug offenders, driving rationales for diversion, drug traffickers are regarded as morally deserving of prison and capital punishment, with traditionalist perceptions of harm amplified by a purgative rationale.This article highlights the analytical potential of moralities such as ‘compassion’ and ‘traditionalism’ in criminal justice research and policy in Southeast Asia. Understanding the formation and navigation of these normative values may assist in challenging harsh penal policy in Indonesia and the wider region. [ABSTRACT FROM AUTHOR]

In this article we sketch a vision that might guide academic and third sector collaboration. We do so by drawing on a project that involved collaboration with a range of stakeholders, in order to stimulate ongoing discussion about how academics and the third sector might work together to seek positive change. Our findings show that there are keenly felt challenges, but also a sense of resilient optimism. A key finding among our stakeholders was a sense that there is an absence of an overarching shared vision, which was experienced by many of our respondents as consequential. Therefore, in the spirit of constructive provocation we set out such a vision, which was collaboratively developed with our respondents: opening a dialogue, rather than providing a conclusive position. [ABSTRACT FROM AUTHOR]

This paper reviews the normative framework regulating alternative measures in Macedonian criminal legislation and court penalty policies from 2017 to 2023. The initial part of this study presents alternative measures for Macedonian criminal legislation. According to the Criminal Code, the following alternative measures may be imposed on perpetrators of crimes: conditional sentences, conditional sentences with protective supervision, conditional discontinuation of criminal proceedings, community service, court admonition, and house arrest. The second section provides an overview of the penal policy of Macedonian courts over a specified period. The third section discusses the problems of overcrowding in Macedonian prisons. The problem of prison overcrowding has been recorded by both competent state institutions and international organizations, as well as by the nongovernmental sector. Towards the end of the paper, concluding observations are presented regarding alternative measures, their application in court penal policy, and the problem of overcrowding in penitentiary institutions in the country. It is essential to understand that an adequate normative framework must be established for appropriate implementation of alternative measures in practice. The application of alternative measures in fair judicial procedures is an appropriate way to reduce prison overcrowding. [ABSTRACT FROM AUTHOR]

When it comes to the relationship between social policy and penal policy, existing scholarship often focuses on the penal–welfare tradeoff, according to which countries with large and generous welfare states tend to have lower incarceration rates and less harsh treatment of offenders. We know much less about the relationship between the punitive turn in criminal justice and the use of discipline within social policy. Has there been a parallel trend of law-and-order policies and stricter benefit conditionality, a kind of 'criminalization' of welfare beneficiaries, as critical scholarship suggests? We test this idea for the first time with quantitative data, using public spending on public order and safety and unemployment benefit conditionality data for 18 rich democracies between 1990 and 2012, that is, the period when a punitive turn as well as the rise of activation and workfare is said to have taken place. Contrary to the critical literature, we do not find evidence of parallel trends toward more discipline in both areas, but rather a negative relationship of 'communicating vessels', where a greater use of disciplinary tools in social policy is associated with stagnating or even shrinking spending on police and prisons. Moreover, this pattern tends to emerge under conditions of higher welfare state generosity. These findings have important implications about the role of state 'discipline' in contemporary policymaking. [ABSTRACT FROM AUTHOR]

The central contention about the death penalty is that it defiles universally recognized human rights, particularly the right to life and dignity. The United Nations asks each of its members to observe international law by minimizing, curtailing, and possibly declaring a moratorium on the use of the death penalty to eliminate it. Furthermore, several international instruments have been adopted to eradicate the death penalty, and numerous countries have signed, ratified, and carried out actions under those treaties. This study investigates the policies and practices of Bangladesh, a retentionist country, concerning the death penalty in contemporary eras where the global trend pushes to eliminate, reduce, and suspend the death penalty to abolish it eventually. According to the research findings, Bangladesh has signed and ratified some anti-death penalty international human rights instruments; consequently, it complies with a portion of international rules regarding the use of the death penalty. Finally, the study makes several recommendations for restricting, reducing, and minimizing death penalty provisions while remaining committed to its abolition and considering global trends and international guidelines. [ABSTRACT FROM AUTHOR]

Domestic violence is a multi-faceted phenomenon, encompassing social, psychological, medical and, certainly, legal aspects. Depending on the existing legal framework, it is the lawyers who have the possibility and even the duty to assist and protect the victim and to apply various sanctions against the perpetrator. The decision on the Principles of Criminal Policy until 2030, adopted by the Estonian Parliament, formulates the goal of the penal system as supporting law-abiding lifestyles and thus ensuring that the norms based on the values of our society are implemented, violations are responded to and conflicts are resolved fairly. These are goals that, if realised, could also contribute to reducing domestic violence in society. Estonia has ratified the Istanbul Convention and has made amendments to national legislation in accordance with the requirements of the Convention. Dealing with cases of domestic violence is nevertheless relatively problematic, especially from the perspective of the victim. The predominance of the settlement procedure or the practice of out-of-court restorative justice and conciliation in domestic violence cases, in the opinion of this author, tends to support the position of the perpetrator of violence. [ABSTRACT FROM AUTHOR]

Copyright of Bylye Gody is the property of Cherkas Global University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Understanding key trends within the penal field has become a core preoccupation of criminologists in recent decades. However, critical analyses of the emplotment of narratives, or how narratives themselves are constructed and move through the criminal justice system, can be overlooked, a gap that this article aims to address. Drawing on a range of case studies across the criminological literature, the article aims to build on this work by interrogating four key features of policy and practice narratives that have important implications for how we conceptualise, understand and employ narratives to understand policy and practice developments, namely that such narratives are (a) operating at multiple levels of analysis, (b) shaped by diverse and sometimes agonistic voices, (c) informed by vertical and horizontal influences and (d) fluid and dynamic, and as such can vary temporally and situationally. These features and their implications for understanding criminal justice policy and practice developments are explored next, illustrating that policy and practice can flow both into and from narratives. [ABSTRACT FROM AUTHOR]

This paper focuses on a comprehensive study of penal policy in Slovenia in the last 70 years, providing an analysis of statistical data on crime, conviction, and prison populations. After a sharp political and penal repression in the first years after World War II, penal and prison policy began paving the way to a unique "welfare sanction system", grounded in ideas of prisoners' treatment. After democratic reforms in the early 1990s, the criminal legislation became harsher, but Slovenia managed to avoid the general punitive trends characterized by the era of penal state and culture of control. The authoritarian socialist regime at its final stage had supported the humanization of the penal system, and this trend continued in the first years of the democratic reforms in the 1990s, but it lost its momentum after 2000. In the following two decades, Slovenia experienced a continuous harshening of criminal law and sanctions on the one hand and an increasing prison population rate on the other. From 2014 onwards, however, there was a decrease in all segments of penal statistics. The findings of the study emphasize the exceptionalism of Slovenian penal policy, characterized by penal moderation, which is the product of the specific local historical, political, economic, and normative developments. [ABSTRACT FROM AUTHOR]

The material scope of the research problem in the text encompasses selected issues concerning the content and sense of the elements characterizing the offense of establishing contact with a minor via ICT systems and telecommunications networks (also referred to as "grooming") under Polish criminal law. In the legislation currently in force the offense of grooming is criminalized under Art. 200a §1–2 of the Criminal Code. The main purpose of the analysis is to perform a substantive criminal examination of the offense of grooming under Polish law, taking into account a practical case study. The analysis contained in the text is chiefly an overview, and includes mainly an institutional and legal analysis performed with the aid of textual, functional and doctrinal interpretations, which have been supplemented with the author's own conclusions and opinions concerning de lege lata and de lege ferenda solutions. The institutional and legal analysis has been supplemented with an abstract case study of grooming. The presented abstract case study is helpful in considering selected legal problems, and ultimately in presenting example legal classifications of the described acts referred to as grooming. [ABSTRACT FROM AUTHOR]

Mass incarceration is a phenomenon that emerged in the USA in the 1970s. Since then, this pattern of imprisonment has taken shape in all other continents. Nowadays, many 'core countries' have been able to neutralize it and, in some cases, even reverse it. This, however, is not the case in Latin America. In this region, the increase of imprisonment rates has remained intense even in times of economic growth, in contrast to the main theories on punishment developed in the Global North. Drawing on primary and secondary data, I analyse the Brazilian case and indicate three necessary steps to understand contemporary imprisonment in the country. This article is structured in three main sections. I argue first that Brazilian criminologists have asked the wrong question: rather than asking why we have high imprisonment rates now, we should first understand why we had imprisonment rates comparable to Nordic countries up to the 1980s. I then argue we should stop uncritically reproducing northern theories and understand the local conditions of possibility for mass incarceration in times of social inclusion. I finally claim we should change the focus on the players: rather than pointing out to the Executive and Legislative dimensions, we ought to better understand internal struggles in the criminal justice system, considering in particular the pivotal role of judges in the Brazilian mass incarceration. [ABSTRACT FROM AUTHOR]

Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Scotland's prison population remains stubbornly high despite reforms to sentencing and community penalties (most recently in 2016). Seeking to advance the debate on punishment in Scotland, we use empirical data to support a novel theoretical synthesis of the 'agonistic framework' and 'performative regulation'. We argue that these reforms appear oriented towards decarceration, without substantively engaging with the drivers of imprisonment, and hence exemplify the 'performative' nature of much Scottish penal policy. The 'performance' is shaped by countervailing political constraints on the Scottish Nationalist government, amid continued debate over independence – but truly progressive penal policy requires radical and substantive responses to the problems that punishment seeks to address. [ABSTRACT FROM AUTHOR]

An acid attack is one of the crimes and inhumane and violent act that leaves destructive, irreparable and long-term physical and mental effects on the victim's body and mind. Scientific combating with this behavior requires the adoption of a prudent and comprehensive criminal policy based on the components of the severity of punishment and protection of the victim. The current research, taking into account the law of intensifying the punishment of acid attack and protecting the victims of it, approved in 2018 in Iran and the criminal law of the two countries of India and Pakistan, while analyzing the material and spiritual elements of this crime, the criminal policy of Iran and these two countries regarding this crime evaluates. Despite the innovations of Iran's new law compared to the previous law, there is still ambiguity in the physical behaviors covered by this law. Even though This is the fact that the two physical behaviors of injecting or feeding acid to another person are disputed in Iranian law, according to the penal code of the two countries of India and Pakistan, it is clearly mentioned in the category of the physical behavior of acid attack. In all three countries, the crime of acid attack is considered as a result crime. The word "acid" is defined as a means of committing a crime in two countries, India and Pakistan, while there is no definition of this word in Iranian law. Knowledge of the occurrence of a crime is explicitly provided in the criminal law of India and Pakistan as a substitute for intention. According to the penal code of India and Pakistan, the punishment for this crime is life imprisonment. Apart from imprisonment in Indian criminal law, fine is also provided as a guarantee of execution, and in this regard, it is emphasized that the fine should be given to the victim and also a fair and reasonable amount of it to provide the medical expenses and treatment of the victim. [ABSTRACT FROM AUTHOR]

The paper analyzes the relationship between neoliberal penalty transformation and prison privatization as part of neoliberal market reform. The neoliberal political and economic project characterized by deregulation, individualization, privatization, and commodification has introduced competition, entrepreneurship, and economic efficiency in areas that previously belonged exclusively to the public sector. The alleged need for greater efficiency has led to an increase in private prisons, and the results of this transformation have shown that it is more about achieving economic efficiency at the expense of quality, competencies, and outcomes of services provided in this sector. In this paper, the starting assumption is that the increase in the number of private prisons does not imply the withdrawal of the state concerning the market. In contrast, it raises the question of the regulatory role of the neoliberal state that enables the market of new fields for profit. As a consequence of the tightening of penal policy, mass incarceration is a mechanism for resolving social conflicts caused by the transformation of social policy. Therefore, private prisons are aimed at making a profit by reflecting the spread of neoliberal rationality throughout society. Withdrawal of assistance and support from the social sector and transfer of exclusive responsibility from the social to the individual responsibility of prisoners as rational neoliberal subjects lead to a reduction of rehabilitation goals. In the context of prison privatization, this transformation leads to turning prisoners into a means of earning or cheap labor.

Criminal offenses against road traffic safety are included in Chapter XXVI of the Criminal Code of the Republic of Serbia under the heading Criminal offenses against public traffic safety. This paper consists of an analysis of criminal offenses against road traffic safety, as follows: Endangering public traffic Art. 289. CC, Endangering traffic by dangerous action and dangerous means, Art. 290. CC, Negligent exercise of supervision over public traffic, Art. 295. CC and Failure to provide assistance to a person injured in a traffic accident, Art. 296. CC and it is all performed through a theoretical approach and analysis of court practice. In the introduction, we pointed out the methodology of research and analysis of traffic accidents and their consequences. The second part of the paper refers to the theoretical approach, the analysis of criminal offenses against road traffic safety in the criminal legislation of the Republic of Serbia. The third part, the empirical part, includes three levels of research over a seven-year period. The first empirical part refers to reports, lawsuits and convictions for criminal offenses against road traffic safety in the territory of the Republic of Serbia, in a seven-year period (from 2015 to 2021). The results of the research performed in this part of this paper indicate extremely mild sentences imposed on the perpetrators of crimes against road traffic safety, among which suspended sentences dominate, while mild prison sentences were imposed in only 7,87% of cases. The second empirical part includes the analysis of traffic accidents and their consequences in relation to dead persons, lightly and seriously injured persons, as well as other traffic accidents that resulted only in material damage in a seven-year period (from 2015 to 2021). The purpose of this part of the research is important for monitoring the dynamics of the volume and movement of both traffic accidents and their consequences. Participants in traffic accidents, that is, drivers, passengers, pedestrians, cyclists, trucks, buses, were the subject of the third part of the research. This part of the research shows that drivers and passengers in passenger vehicles are the most vulnerable category, considering that among them are the most people killed in traffic accidents. In the concluding remarks, as a result of the research and analysis of traffic accidents and their consequences, we pointed out the necessary amendments and changes of the de lege ferenda incriminations of criminal acts against road traffic safety in the Criminal Code of the Republic of Serbia.

The goal of the research is to determine how the community service sentence has been shaped nomotechnically; what has been the scope of its application, as well as what is the relationship between its normative and implementation levels. Comparative, normative and legal-dogmatic method will be used in order to draw conclusions about the main possibilities and limitation of criminal law repression in the contemporary discourse. This is followed by statistical data, which serve as a basis for an analysis and comparison between the expected and achieved effects of the analysed norms. In the concluding considerations, the authors state that the punishment of community service has been and remains a pillar of attitudes regarding the need to promote more active participation of the broader social community in the criminal justice system. Although its ratio legis is embodied in avoiding harmful aspects of the sanction of deprivation of liberty by increasing the potential for processes of reintegrating the convicted person into the society, and reducing both stigmatization on the one hand, and the costs of the penal system on the other, the authors conclude that there is a profound gap between the expected positive implications of the punishment and its actual effects in practice.

The decision to release is a defining feature of the carceral experience: at once a necessary function of a dynamic penal system, and a highly contested form of symbolic communication where the anxieties and contradictions of contemporary penality begin to coalesce. In this paper I argue that the institutions we rely upon to make these determinations in a fair, consistent and efficient manner are under increasing strain. Drawing upon insights from historical institutionalism, I seek to show that the parole board model of discretionary decision-making that first emerged during the highwater mark of mid-twentieth century penal modernism has proved remarkably resilient to reform, but is slowly fracturing into a more complex, multi-layered prison release landscape. I explore the implications of this gradual historical transformation and conclude this paper with a call for new ways of thinking about prison release as an increasingly interconnected sphere of penal governance. [ABSTRACT FROM AUTHOR]

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Penal populism has repeatedly been described as influencing penal policies, with harsh penal practices presented as evidence of its influence. However, little attention has yet been paid to its role in the development of penal policies in post-authoritarian countries, which generally have large prison populations. Some minimal research has suggested that Central European countries were driven by penal nationalism following the 1989 revolutions. I examine this claim for the Czech Republic, using Garland (2013) 's framework of the five dimensions of a penal state. My analysis of political manifestoes shows that Czech politicians did not employ "law and order" rhetoric. The country's penal reforms were led by lenient penal elites. Nevertheless, a lack of analysis, coordination and sufficient funding resulted in a failure to properly identify or tackle the causes of the country's high imprisonment rate. Even though it gradually became more difficult to impose prison sentences, insufficient attention was paid to the length of the sentences Czech prisoners were serving. The large Czech prison population thus seems to be the result of state actors' negligence, but not of penal populism nor of penal nationalism. [ABSTRACT FROM AUTHOR]

Soon it may be possible to promote the rehabilitation of criminal offenders through neurointerventions (interventions which exert direct physical, chemical or biological effects on the brain). Some jurisdictions already utilise neurointerventions to diminish the risk of sexual or drug-related reoffending. And investigation is underway into several other neurointerventions that might also have rehabilitative applications within criminal justice—for example, pharmacotherapy to reduce aggression or impulsivity. Ethical debate on the use of neurointerventions to facilitate rehabilitation—henceforth 'neurorehabilitation'—has proceeded on two assumptions: that we have instrumental reasons for employing neurorehabilitation (e.g. because it helps protect the public from crime); and that its permissibility depends upon whether its use unjustifiably infringes offenders' rights. This paper defends a different, hitherto neglected thought. I argue we have rights-based reasons to offer neurorehabilitation to offenders—in other words, that offenders have a moral right to neurorehabilitation. I identify three considerations which support a moral right to conventional rehabilitative interventions—(1) as a countermeasure to the debilitating side-effects of punishment; (2) as a derivative right of the right to hope for renewed liberty; and (3) as compensation for structural injustice. I argue these considerations extend to support a moral right to neurorehabilitation in the following instance: when neurorehabilitation would be part of the most effective package for facilitating rehabilitation, and can be carried out at reasonable cost. I then defend my argument against potential objections, including the objection that neurorehabilitation is a bad option for offenders to have and the charge of over-medicalisation. [ABSTRACT FROM AUTHOR]

This article explores how prison staff in Australia view their work and how their work is viewed by others, by applying a theoretical framework of 'dirty work'. 'Dirty work' is a social construction that refers to tasks that are 'physically, socially or morally tainted' (Ashforth and Kreiner, 1999; Hughes, 1958) and this article will apply this concept to prison staff in Australia for the first time. The discussion is based on qualitative research in seven different Australian prisons, ranging from high to low security. The article illustrates how staff responds to working in a 'dirty' profession by reframing, refocusing, and recalibrating their daily work tasks; how the staff uniform can be utilised as a status shield and protector from taint; and how the stigma of 'dirtiness' tends to foster strong occupational and workgroup cultures which in turn makes cultural change of a profession difficult. The consequences of the dirty work stigma for staff and prisoners are discussed, with a focus on informal interactions, case work and dynamic security. [ABSTRACT FROM AUTHOR]

This article presents an analysis of the literature on penal policy transfers in Europe over the last 20 years. The main source of data is the selection of papers considered relevant in the Google Scholar database. The first aim of the review was the identification of previous publications on the subject, what is in place and what is missing, to explain how ideas about penal policy transfer travel across Europe. The second aim was to outline the theoretical framework underpinning penal policy transfer. Most of the identified studies refer to the Anglophone space as a potential source of penal policy transfer, and significant penal policy reforms in the new democracies, Eastern Europe and the ex‑Soviet space that included elements of penal policy transfer/ mobility are invisible in literature, or marginal. Although multiple explanations have been offered regarding who participates, what is transferred, how it is transferred and under what conditions the transfer of penal policies is carried out, no integrative framework has been identified that provides answers for a specific geographical area of Europe. From a theoretical point of view, two theoretical models can be outlined that can explain the transfer process of public policies, the model established by Dolowitz, Marsh (1996), alongside the model of the three streams of influence (MSF – multiple streams framework) established by Kingdon (2014). [ABSTRACT FROM AUTHOR]

In the past decade or so a significant body of work on 'Hibernian exceptionalism' to broader punitive trends has emerged. The dominant argument and characterisation of Irish penality within this broad schema is that it is exceptional for having been largely stagnant. This article takes issue with the stagnation or 'stickiness' that is often supposed to characterise the Irish penal system arguing that stagnation as a form of 'path dependency' fails to adequately account for key moments of penal change and downplays the temporal dynamics that are often apparent in policy development. Using two key 'policy windows' as case studies – the 1996 'moral panic' over crime and the post‐2011 turn to a more progressive penal politics – it argues that greater consideration should be given to the 'translation' and 'layering' of policy decisions and the growing complexity of policy space that may result. [ABSTRACT FROM AUTHOR]

The development of society and dominant ideas about humanism and human rights require actualization of the legal regulation of various areas of social relations. It also involves the issues of criminal punishment, process and conditions of its execution, and the prison labor of convicts. This article is devoted to the analysis of the Northern Europe states’ experience of penal systems organization and especially conditions of the imprisoned persons’ labor. The issues of convicts’ recruitment goals, mandatory nature of their labor and alternative types of activities, grounds and procedure for remuneration of the work they perform are in the focus. In addition to the “traditional” Scandinavian states (Sweden, Denmark, and Norway), attention is also paid to the experience of Finland, which is close to the above states in many ways. The analysis of foreign practices is carried out in the context of problems existing in the penitentiary system of the Russian Federation. The results and formulated conclusions may be useful for subsequent scientific research, as well as revising Russian legislation and law enforcement practice connected with prison sentences execution and labor administering.

In this article we argue that a tendency to treat populism as a ubiquitous, mechanistic characteristic of contemporary penality has impeded systematic theoretical discussion of how populist ideologies find contingent expression within national penal systems. Drawing upon an agonistic perspective we seek to show that the intersection between populism and punishment must be understood as a structured process that is shaped by struggle between actors with different types, and amounts, of political power. We illustrate these claims with reference to a historical case study of the 1981 British Conservative Party Conference; a political calendar ritual that facilitated symbolic conflict and provided an institutional point of entry for populist movements seeking to disrupt the prevailing liberal consensus on crime and secure substantive policy concessions from government. [ABSTRACT FROM AUTHOR]

Copyright of Central European Political Studies / Środkowoeuropejskie Studia Polityczne is the property of Faculty of Political Science & Journalism, Adam Mickiewicz University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Social Sciences & Humanities Studies / Društvene i Humanističke Studije (DHS) is the property of Faculty of Humanities & Social Sciences, University of Tuzla and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Environmental crime is the perpetration of harms against the environment that violate current law. Environmental crime is a special type of crime, which is becoming more and more complicated in modern social circumstances. The way it is presented shows that it is constantly changing and developing. Environmental crime in the Republic of North Macedonia represents a very significant form of criminality. The opinion is not aware of its consequences leaving behind it and protecting environment is an especially complex process. In this paper the subject of scientific observation is the penal policy in relation to environmental protection in the Republic of North Macedonia. For this aim will be presented the data taken from the statistical Yearbooks of the Republic of North Macedonia State Statistical office for a period of five years. This data’s refer to the number of reported, charged or convinced persons presented for a period of five years. The findings of the research in this work indicate that the detection of criminal offenses in the field of environmental security is at an extremely low level and that the crime rate is pronounced. The purpose of this paper is to raise questions about the most visible components of the penal policy related to the Environment in Republic of Macedonia. The focus of this work is to address the current and emerging threats posed by the environmental crime in the Republic of Macedonia. [ABSTRACT FROM AUTHOR]

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There are few long‐term studies of the convictions of persistent offenders and the extent to which they may desist from offending. The Sheffield Desistance Study interviewed 113 men aged 19–22 years over four or so years. Their subsequent convictions over the next ten years generally show a continuing pattern of convictions, but with major crime‐free gaps. Initial hopes for desistance, if seen as continuing cessation from crime, have not been fulfilled, linked to both substance abuse and, it is argued, recent penal policy in England and Wales. The question is then how we should see recidivism and desistance. [ABSTRACT FROM AUTHOR]

The armed conflicts in Bosnia and Herzegovina in the period from 1992 to 1995, which ended with the conclusion of the so-called The Dayton Peace Agreement was marked by serious violations of fundamental human rights and freedoms and the commission of horrific war crimes. Prosecution of defendants for these crimes takes place at several levels, ie before: a) the International Criminal Tribunal for the Former Yugoslavia (ICTY), b) domestic courts and c) courts of certain foreign states. The paper analyzes certain indicators related to the prosecution of these crimes, their scope and structure, as well as the ratio of convictions and acquittals for certain war crimes, the scope of application of conventional and summary forms of ending criminal cases and court policy of sanctioning perpetrators. It was learned that by the end of 2020, hundreds of criminal proceedings against approximately a thousand defendants had been completed. Most of the accused were prosecuted before the Court of Bosnia and Herzegovina (Court of B&H), followed by the ICTY, and a slightly smaller number before the courts of the former SFRY and some Western European countries. The research established that before the ICTY, out of the total number of accused for war crimes committed in Bosnia and Herzegovina, as many as 90.2% were convicted of some of these crimes, while the rate of convicted in relation to accused before the Court of B&H was 67.2% , and before the courts in the Republic of Serbia 70.2%. It is interesting that before the ICTY as many as 24.3% of the accused were convicted in summary proceedings on the basis of a plea agreement, while before the Court of B&H 13,3% of the accused were convicted using a plea bargaining as a consensual model for ending criminal cases. So far, 22 people have been convicted of the crime of genocide as the most serious crime before the ICTY, the Court of B&H and German courts, and all convictions related to the activities of the Army of Republika Srpska during the war in Bosnia and Herzegovina. Court of B&H, inherited a relatively mild policy of punishing war crimes. Finally, it was found that certain courts, especially Court of B&H, inherited a relatively mild policy of punishing war crimes.

This article addresses the idea of how alternative punishments can be adopted judicially instead of the primary punishments. The need for adopting the alternative punishments comes into exist when the primary punishments have failed to achieve its main goals to reform and rehabilitate the convict, as well as other negative effects that accompany its implementation. There exists almost a consensus about the importance of the public employment and its role in improving the life of societies. On this basis, this employment is surrounded by a legal framework, determined in the rights and duties of the public employee. The legislator shall guarantee the establishment of a special penal system for the group of public officials, known as the disciplinary system, in which the penalties imposed on the employee shall be specified if job duties has been breached. Therefore, the disciplinary system as one of the punitive systems is inevitably affected by these modern ideas and trends. Accordingly, the issue of adopting the idea of alternative penalties in it becomes of importance because of similar effects that may contribute to evaluating the employee’s behavior and reforming the public employment, which prompts us to allocate a specialized study for this subject.

Bringing policy reform to fruition is an enterprise fraught with difficulty; penal policy is no different. This paper argues that the concept of 'storylines', developed within policy studies, is capable of generating valuable insights into the internal dynamics of penal policy change and particularly the 'commmunicative miracle' whereby policy participants sufficiently align to achieve reform. I utilize the part-privatization and part-marketization of probation services in England and Wales ('Transforming Rehabilitation') as a pertinent case study: a policy disaster foretold, but nonetheless inaugurated at breakneck speed. Drawing on interviews with policy makers, I demonstrate the means by which the 'rehabilitation revolution' storyline resolved (at least temporarily) the tensions and problems inherent in the reform project; without which it would have struggled to succeed. We see that storylines play at least three important roles for policy makers: they enable specific policies to 'make sense', to 'fit' in line with their pre-existing beliefs. They provide a sense of meaning, moral mission and self-legitimacy. And they deflect contestation. In closing, I consider the implications for scholars of penal policy change. [ABSTRACT FROM AUTHOR]

This paper presents a comprehensive study of penal policies of (former) Yugoslav countries in the last 70 years. The Yugoslavian penal policy has been unique in the sense of leniency but was by no means uniform in its implementation. A comparative analysis of the development of penal policy in the observed states, supported by statistical data on crime, conviction and prison populations, revealed that differences have been profound. While disparities between states in the socialist era were predominately seen in the crime characteristics, number and type of convictions, and the length of prison sentences, today, former Yugoslav republics are diverse as they can be, ranging from the penal moderation of Slovenia to harsh penal policies in Serbia and Montenegro. Based on the findings, it can be argued that the influence of regional diversity, based on historical and cultural identity, should be acknowledged in studying penal policy. [ABSTRACT FROM AUTHOR]

Copyright of Revista Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the modern world, there are many challenges that rightly create anxiety for the future of humanity. There are security challenges in our country, as well as in the Balkans, Europe and beyond. The problem that has been current for several years is the migrant crisis and how to deal with it. No matter how much we try to bring order to this issue, to reduce security risks for our country, given that these are people of other customs, cultures, habits, lifestyles, etc., there is a threat in this regard, especially from potential terrorist attacks. In the paper, we have pointed out only a few, while paying special attention to the problems with migrants who have come into conflict with the law. It also pointed out the dilemmas and problems that our judicial authorities encounter in criminal proceedings and the possibilities of how to overcome them, bearing in mind that for these migrants we are only a transit route to the countries of Western Europe.

For many years the Russian Federation has had one of the highest numbers of people incarcerated in penal institutions (per 100,000 population). As of 1 January 2020, there were 523,928 people in prison. An analysis of the legislation and the practice of its application reveals that the main trend of modern Russian penal policy is for stricter penalties, longer prison terms, and inefficient use of alternative punishments. The ongoing trend of humanising and liberalising criminal justice remains virtually invisible and suppressed by a repressive bias, which ultimately prevents it from significantly influencing the overall direction of state policy in this area.

In this paper, the most promising options for developing the modern criminal procedure of Russia in the system of state penal policy were considered based on the analysis of the mutual influence exercised by the legal customs of Old Rus’ and the Byzantine canon traditions. Various methods were used in the course of the study: periodization of historical and legal processes that defined the emergence and subsequent development of criminal procedure; historical and genetic approach in order to date the moment when the first legal relations of a criminal nature occurred in Old Rus’; classification method to summarize the characteristics of legal phenomena and events associated with the emergence of criminal procedure. Based on the thorough investigation of a number of historical documents, it was concluded that criminal law and procedure of the indictment type had already existed in the pre-Christian era of the Old Russian state, due to the impact of the Hellenic legal culture. They were codified in the Rus’ Justice, an ancient legal code of the Russian state.