Punishment Research Articles

The Importance of Reconstructing Criminal Liability for Prostitution in the Reform of Criminal Law

The practice of prostitution is currently evolving rapidly, primarily driven by the dissemination of information through electronic media. The lack of comprehensive regulations regarding prostitution allows the law to contribute to the development of this phenomenon. Insufficient regulation has created a new legal culture among those involved in prostitution, which has widespread effects on society. One of the most severe consequences of the widespread practice of prostitution is the spread of sexually transmitted diseases, which can impact the health of both those directly involved and individuals nearby, such as the partners of sex workers. This research aims to analyze the regulation of prostitution in Indonesia's criminal law today. Through this analysis, the importance of reforming the law to comprehensively regulate prostitution in the future is highlighted. The method used in this research is legal research with a normative approach, utilizing secondary data obtained through literature review and examination of legislation. The analytical method applied is prescriptive analysis. The findings indicate that although some regional regulations have addressed prostitution practices, there is no national regulation that explicitly governs prostitution. Recommendations for the future include providing a clear definition of prostitution, criminalizing consumers or users of prostitution services, criminalizing sex workers, reformulating offenses for pimps, implementing a double track system for sanctions, increasing criminal penalties, and clarifying the formulation of offenses. Keywords: reconstruction, prostitution, criminal law.

Compatibilism and Truly Minimal Morality

Abstract I formulate a compatibilism that is distinctively responsive to skeptical worries about the justification of punishment and other moral responsibility practices. I begin with an evolutionary story explaining why backward-looking reactive attitudes are “given” in human society. Cooperative society plausibly could not be sustained without such practices. The necessary accountability practices have complex internal standards. These internal standards may fully ground the appropriateness of reactive attitudes. Following a recent analogy, we can similarly hold that there are no external standards for what is funny; the norms of comedy are complex, but funny is funny. However, this is compatible with moral reasons to change the practices themselves, and therefore change what is fitting within them: in the first instance, a moralistic “that's not funny” is ill-fitting, but “that shouldn't be funny” can be apt. The analogous reformist position prescribes practices constituting the minimal responsibility norms necessary for cooperative society.

DENAZIFICATION OF THE IDEOLOGY OF NATIONAL SOCIALISM IN OCCUPIED GERMANY 1945–1949

The policy of denazification pursued by the victors in occupied Germany, which is discussed in the article, is reflected in published sources, research, and memoirs. However, most of them concern practical measures aimed at eliminating the Nazi regime, primarily the identification and punishment of war criminals. It was much more difficult with the ideology of Nazism, which had penetrated deeply into German society. The problem was also the initial lack of understanding of its content and role in the formation of a totalitarian regime. The war had showed what a real threat to humanity the ideas and designs of German fascism, striving for world domination, posed. During the occupation period, the Allies had to rebuild the education system, upbringing, culture, social relations, and social life of the Germans. The ambiguity of approaches, which took place in the policy of all the occupation authorities in Germany, nevertheless showed us that the main tasks of denazification were indeed solved. However, the process of “overcoming the totalitarian pastˮ did not end there and had its continuation in the German history of the second half of the 20th century.

How institutionalized feedback works: Online citizen complaints and local government responsiveness in China

AbstractThe prevailing view that authoritarian regimes primarily respond to threats of instability is challenged by our research, which posits that such regimes also take citizen complaints seriously, even when they do not pose a direct threat. Based on 238,835 citizen claims from China's largest national online petition platform from 2020 to 2021 and 793,119 citizen claims from Wuhan's local petition website, this study reveals that online complaints result in greater governmental responsiveness, compared to non‐complaints. This institutionalized feedback mechanism is driven by a mix of factors: the upper‐level officials' expectation for negative feedback, combined with bureaucrats' efforts to preserve themselves and avoid punitive consequences. Our findings thus enhance the understanding of what drives authoritarian responsiveness and signal a caution that an overreliance on managing complaints may deepen a stability‐maintenance mechanism, potentially impeding substantial reform.

Racism and Redlining in the History of Psychiatric Policy and Practice in Atlanta: Implications for Nursing.

Recently, the Georgia state House of Representatives passed House Bill 1013, also called The Mental Health Parity Act. The bill sought to address access to and insurance coverage for mental health services, first identified in a report in 2020. The budget for mental health services was reduced by $8 m in 2020, despite an all-time high demand due to the beginning of the Covid-19 pandemic. There is an increasing inability to secure mental health care in the state. Georgia is ranked 37th in the country for access to quality mental health care (Reinert, Fritze, and Nguyen, 2022) and half the counties in the state have no psychiatrist; the projected mental health workforce will be able to meet only 12% of consumer demand by 2025. Problems with mental health care in Georgia have a long history which intersects with the history of racism, geographical segregation, and policing. HB1013 does not consider any of this history in its recommendations, which barely include nursing. At the same time, policy and practice in Georgia continues to entangle nurses and other professionals with a carceral and punitive system which not only threatens the safety of patients, but also nurses themselves. Nurses need to understand this history if they hope to develop policy that will intervene in the mental health care crisis.

CONFLITOS DE INTERESSES: UMA ANÁLISE HISTÓRICA DAS PRÁTICAS DE PUNIÇÃO E MEDIAÇÃO

This article investigates the historical evolution of punishment and mediation practices, focusing on the Brazilian context. Starting from the premise that conflict resolution should go beyond punishment, it seeks to explore alternatives that promote reparation and the reintegration of offenders into society. Human dignity, as discussed by Guedes (2018), is considered a central principle in justice practices, highlighting criticism of the traditional punitive system, as analyzed by Foucault (2013). Contemporary examples of mediation, such as peace circles and restorative justice programs implemented in Brazil, are examined in light of Lima's (2017) contributions and relevant legislation. The study concludes that implementing restorative practices represents a viable path toward building a more inclusive and humane justice system, capable of promoting social peace and respect for the dignity of all involved.

The Imperialism of Desert

What is the relation between desert and other values such as equality, priority for the worse off, and utility? According to the common (pluralist) view, desert and these other values reflect distinct concerns: some are about distributive justice, some about retributive justice, and some (most clearly, utility) are not concerned with justice at all. However, another (monistic) view holds that while desert is a basic value, other values are merely derived from it. This controversy is relevant, for instance, to allocative decisions and criminal punishment, where we need to know if other values should be balanced against desert. Yet, despite its theoretical significance and practical importance, this topic is underexplored. Aiming to fill this gap, we consider the arguments for and against the competing views. We demonstrate that the interaction between desert and other values raises a difficult dilemma: there are powerful arguments for and against both the pluralistic and the monistic accounts of desert. Indeed, we suggest that this dilemma is due to the unique nature of desert. Unlike other values, desert, especially its more robust forms, does not only sometimes conflict with competing considerations that favor different courses of actions, but rather seems to dispel other values even as pro tanto ones.

Capital Punishment in Ethical Scrutiny: The Validity of Judicial Execution

This analysis sequentially addresses the various aspects of capital punishment, beginning with the notion of justice, moving to the relationships between modes of justice and criminal punishment, and then discussing the precedent for the death penalty and its global relevance. This analysis utilizes a conceptual analysis approach that interacts with the various factors relating to capital punishment through ethical analysis, ultimately weighing everything in terms of morality while mentioning implementational considerations, which can include economic and pragmatic elements. Ultimately, concluding thoughts regarding the most proper perspective on judicial execution after ethical analysis are delivered in the final section, Section 4, of this analysis. Final conclusions on the object of this analysis reveal that capital punishment often perpetuates existing cycles of violence and fail to properly heal the deeply rooted causes behind criminal actions. Although capital punishment has deep historical precedence in the criminal justice systems of the international community, the findings of this analysis point to the fact that alternatives, which align more with restorative justice practices, are worthwhile and could lead to more ethical and effective outcomes in the pursuit for a better society.

Security compliance and its implication for cybersecurity

Security compliance plays a critical role in shaping and enhancing the cybersecurity posture of organizations. It involves adhering to legal, regulatory, and industry standards that govern data protection, privacy, and security measures. Key regulations, such as GDPR, HIPAA, and PCI DSS, along with international standards like ISO/IEC 27001 and NIST, require organizations to implement security frameworks aimed at managing risks, protecting sensitive data, and ensuring the confidentiality, integrity, and availability of information. The impact of security compliance extends beyond regulatory adherence. By implementing compliance frameworks, organizations enhance their ability to mitigate threats, respond to incidents, and recover from security breaches more effectively. These frameworks help ensure that security measures are consistent, well-documented, and aligned with industry best practices. Additionally, compliance fosters organizational accountability by requiring management oversight and promoting a security-first culture across all levels. However, compliance also presents challenges. Organizations must balance the often resource-intensive process of maintaining compliance with the need for a proactive security strategy that addresses emerging cyber threats. Compliance is sometimes viewed as a "check-the-box" activity, which may lead to a gap between regulatory adherence and actual security needs. Furthermore, the constantly evolving threat landscape requires continuous updates to compliance frameworks, which can be costly and complex, especially for multinational organizations operating under different regulatory regimes. Non-compliance can lead to severe consequences, including legal penalties, financial losses, reputational damage, and operational disruptions. As technology and cyber threats evolve, the relationship between security compliance and cybersecurity will continue to grow in importance, with a greater focus on integrating risk-based approaches and automation into compliance management.

Shove Less, Nudge More: Stakeholders’ Perspective from Writing Classrooms

Academic writing courses are critical in higher education. However, they often rely on directive measures, or "shoves," that impose rigid guidelines, high-stakes assessments, and punitive consequences. These approaches, such as inflexible deadlines and harsh grading penalties, can increase student anxiety, disengagement, and surface learning. As a result, some students resort to unethical strategies, such as using essay mills or AI-generated content. This qualitative study, conducted through interviews with 20 writing professors and 30 students, identified several common shoves in academic writing courses and explored their negative impacts on student engagement and academic integrity. The findings highlight critical areas of concern, including strict rubrics, high-stakes deadlines, standardized feedback, and plagiarism threats. In response, the study proposes a shift from punitive shoves to supportive nudges, categorizing the latter into intuitive and didactic interventions. These nudges, such as automated deadline reminders, scaffolded assignments, and ethical AI usage prompts, aim to foster more positive student behavior and engagement. The next phase of this research will investigate how these behavioral nudges influence learning outcomes and student well-being.

Promising Directions for Modernizing Legal Regulations on Non-Custodial Sentences and Criminal Measures

The reduction of criminal repression has gained recognition in modern criminal law, embraced not only by proponents of humanistic principles in criminal justice but also by advocates of a rationalistic approach to maintaining law and order in society and the state. A prevalent trend in modern penitentiary policy is the expansion of legal boundaries and practices involving criminal penalties and measures not involving the isolation of convicts from society. Strategic planning documents for the development of the penal system of the Russian Federation emphasize ongoing modernization efforts, particularly the adoption of alternative state coercive measures to imprisonment. However, an analysis of law enforcement practice reveals divergent trends that characterize the current state of penitentiary policy. Understanding these trends demands careful attention from the scientific community, legislators, and law enforcement authorities.

Criminal Responsibility for AI Crimes

The research focused on the issue of which crimes fall under the jurisdiction of artificial intelligence. The incorporation of AI programs into different aspects of life entails many challenges, especially regarding the liability for the actions performed by AI and the question of compatibility of the existing legislation with the characteristics of the AI technologies. The state of affairs means that the AI-powered robots may perform actions that prescribe criminal provisions of criminal law, thus raising the issue in the given article as to the possibility of direct criminal penalties for robots, the feasibility of putting the intelligent robots’ criminal responsibility into practice by the general principles of the Jordanian Penal Code and the receptiveness of the concept of recognizing the crime to be committed by artificial intelligence. From this perspective, the main research question of the study is: What are the aspects of criminal responsibility stemming from AI mistakes? Thus, its significance is derived from the fact that it explores a new and essential issue, namely, the criminal responsibility for AI crimes within Jordan’s legislation. It has great importance in so many spheres, and it is difficult to describe all the aspects of artificial intelligence. The most remarkable outcomes and suggestions of the study show that the legal guidelines for criminal responsibility in Jordan of artificial intelligence crimes remain unrecognized. Thus, it is advised that the legislator proceed with actions to create legislation controlling AI technologies and their use for the purpose of serving the state and citizens’ interests. This legislation will guarantee the proper application of the AI capacities within several spheres for the sake of the general public, while taking into consideration all the ethical and legal concerns that relate to using artificial intelligence.

Az állami és nemzeti jelképek büntetőjogi védelme Európában

Aim: The aim of this study is to find out whether European countries protect their state and/or national symbols at the level of criminal law, whether they punish those who desecrate state symbols and, if so, exactly which symbols are protected. The answer to this question will also help us to understand the deeper question of which European countries consider state (and national) symbols to be of such value that various types of violations of them are punishable by criminal penalties as a last resort. Methodology: In order to establish this, we compared the criminal law of all European countries in which criminal offences are covered by a criminal code that functions as a separate penal code. For methodological soundness, countries without a separate Penal Code (and thus without a cartel constitution) (such as the United Kingdom) were excluded from the analysis, but all other European countries that are geographically (or if not geographically, such as Cyprus or Armenia, then culturally) part of Europe were examined. Findings: The results of the research disproved our initial hypothesis: the comparative study showed that the vast majority of European countries, more than 70%, protect their state (or national) symbols in some way, with a small minority of countries where there is no criminal law protection for the strict infringement of symbols. Value: This is also worthy of attention in the broader context of resolving the conflict in Europe between freedom of expression as a human and constitutional right and the constitutional value of what we call "the dignity of communities": in fact, the Europe of the 21st century (including the Western countries) has not yet departed from its community foundations and not only declares at constitutional level the symbols expressing the statehood and national identity of the nation that constitutes the state, but also (for the most part) protects them under criminal law.

Features of Criminal Liability of Persons Involved in a Special Military Operation

The conduct of a special military operation has led to changes in many spheres of life of Russian society. A natural consequence of these processes was the reform of certain branches and institutions of legislation, including the provisions of criminal law. The separate law providing for the specifics of criminal liability of participants in a special military operation has been replaced by relevant legal norms. Currently, special grounds for exemption from criminal liability and punishment are provided for this category of persons who have committed crimes. Due to the novelty of such legislative prescriptions, there is a need to conduct a legal analysis of the norms provided for in Articles 781 and 802 of the Criminal Code of the Russian Federation. These novelties of the Russian criminal legislation are subject to theoretical understanding, on the basis of which ways to increase the effectiveness of criminal law regulations on exemption from criminal liability and punishment of participants in a special military operation are to be developed. As a result of the conducted criminal law study of the norms establishing the grounds and conditions for exemption from criminal liability and punishment of participants in a special military operation, their socio-legal essence was determined, their relationship with related norms and institutions was revealed, recommendations and explanations on the application of these norms were formulated, as well as potential directions for improving criminal legislation were outlined in this area. In particular, the reasonableness of clarifying the analyzed norms among the persons to whom the application of the relevant provisions is permissible is justified.

Paradox of Criminal Provisions Formulation Regarding Reporting of Political Party Campaign Funds in the 2024 General Election

Political parties as a form of organization whose scope is the political field make it a primary position in modern democracy which is required to be in line with democratic norms and election principles. The characteristics of political parties as legal subjects (subjectum juris) of corporations/public legal entities that can also act in the private sphere that are attached to legal consequences for all actions or deeds, and legal relationships, both in the administrative, civil, and criminal spheres. One of the actions or legal acts of political parties in the Election is the legal obligation to report campaign funds honestly, accountably, and transparently in accordance with the principles of organizing elections as a legal act that has the potential to have administrative and criminal consequences. In several formulations of criminal provisions of the Election Law which are specifically formulated for political parties as legal subjects (subjectum juris) of corporations, although the construction of the articles does not explicitly mention political parties, but refers to the phrase Election Participants which consists of 5 Articles, namely Article 496, Article 525 Paragraph (2), Article 526 Paragraph (2), Article 527, and Article 528 Paragraph (1) of the a quo Law. One of the actions or legal acts of political parties that has the potential to be subject to criminal penalties is the provision of Article 496 of the a quo Law related to election participants who intentionally provide false information in the Election campaign fund report, which constructively-holistically reaps problems in the actions or legal actions of political parties as election participants as well as the problem of deadlocked norms in related articles in the a quo Law.

Social workers’ perspectives on anti-Black racism and parenting outcomes for incarcerated pregnant women with substance use histories

Summary Black women who use substances face significant barriers to accessing resources and parenting their children, largely as a result of interactions with the criminal legal, child welfare, and healthcare systems. While extensive literature has demonstrated how structural racism and punitive policy approaches underpin the operation and impact of these systems, minimal attention has been paid to how social workers approach child, maternal, and family well-being when interacting with clients who use substances and have been incarcerated. To address this gap, we conducted semi-structured qualitative interviews with 19 social workers practicing in jail/prison, community, and hospital settings across the United States. Findings Interviews identified the cyclical and intergenerational nature of harms perpetuated through criminal legal, child welfare, and healthcare systems. Participants described structural racism, inadequate resources (i.e., housing), and previous criminal legal and child welfare involvement as compounding barriers to an individual’s ability to parent and maintain recovery, particularly among Black families. Participants described the pervasiveness of structural racism but did not perceive themselves as active participants in perpetuating racist and oppressive structures. Applications Social workers engage with Black pregnant women who use substances across diverse practice settings and as such have the potential to both contribute to systemic harms and to champion interventions that target the root causes of inequity. Study findings support structural interventions that dismantle punitive systems and re-center the needs of Black communities, thereby supporting Black mothers in their fundamental right to parent their children.

The metamorphosis of definition of punishment in international criminal law

The article is devoted to an attempt to generalise and systematise the preliminary considerations regarding the outline of the initial contours of the so-called “interdependence” of the internal content and specific formulations and expressions which are currently commonly used to refer to the concept of “punishment in international criminal law”. An assumption is suggested concerning the evolving nature of the definition of the notion of punishment in international criminal law, given the wide terminological variety of concepts and constructs present in scientific usage, which are as a rule either “located alongside” or “used instead”. At least eighteen, to a certain extent, unique and original phrases designed to describe phenomena similar to “punishment in international criminal law” are identified, among which a special emphasis is traditionally assigned to such specific syntactic units as “international punishment” and “international criminal punishment”, the use of which is quite typical and fairly evident in the modern scientific and information discourse. An assertion is made about the potential existence of a fundamental difference in the definition of the concept of punishment in international criminal law depending on the approaches to its perception, in view of the underlying method depicted in specific terms and categories: 1) through the prism of the imposition of punishment on specific individuals (“punishment of international criminals”); 2) by understanding punishment through the category of “incredible atrocities” (“punishment for international crimes”); 3) by “reading” its content from the perspective of international and national criminal justice bodies (“punishment in the law and practice of international criminal tribunals and courts, national and local institutions”); 4) comprehending its essence by inserting it into a certain setting (“punishment in international, transitional and transitional contexts”); 5) either from the standpoint and perspectives of legal norms (“punishment and international law, punishment and international criminal law”) or their violation (“punishment for violations of international criminal and international humanitarian law”). It is emphasized that further scientific investigations aimed at establishing the essence of each of the currently existing terms with a view to clarifying their content in order to develop a unified definition of the concept of punishment in international criminal law are expedient.

Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law

Advertising is used as a common marketing strategy by various companies and individuals to promote their products or services to potential consumers. However, it is not uncommon for advertising to contain illegal and fraudulent activities that can cause harm to users through misdirection. In the act of advertising fraud, it is necessary to analyze the application of articles in the Criminal Code (KUHP) which regulates the concept of concursus in criminal law. The purpose of this study is to explain, identify and analyze the applicable legal framework, penalties imposed and law enforcement against advertising fraud in terms of criminal aspects. This research uses a normative juridical method by using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, advertising that deceives and harms consumers is an illegal act known as fraud and can be subject to the provisions in Article 378 of the Criminal Code. Article 379 of the Criminal Code stipulates that if as a result of the fraudulent act, a person suffers a loss, then the perpetrator of fraud may be subject to a more severe punishment. The provisions in the Criminal Code are used to protect the public from acts of fraud, and are expected to reduce the incentives of individuals, groups or other parties to commit fraud and provide a deterrent effect for the perpetrators.

Features of the appointment of criminal penalties in the conditions of the introduction of martial law

Subject of research: the current system of criminal penalties for the possibility of achieving their goals in the conditions of martial law. Purpose of research: To determine the types of criminal penalties, as well as the mechanism of their appointment, replacement and execution under martial law. Methods of research: the article uses such general scientific methods as: historical, analysis and synthesis. Main results of research: the types of criminal penalties are identified, the goals of which can be achieved both in peacetime and in wartime. On the basis of which it is proposed to suspend the appointment of a number of criminal penalties not related to imprisonment under the imposed martial law regime

“Interesting Cases”: On the Problem of Embezzlement in the Russian Army of the 18th – Early 19th Century

The article is written mainly on the materials of military court cases from the Russian State Military Historical Archive, as well as regulatory and legislative sources. The author examines property crimes within the Russian army from a socio-cultural perspective. The author concludes that the tools and practices that served as constraints in plundering money and resources have evolved over several decades. The practice of intimidation and capital punishment, which originated under Peter I, very quickly proved to be uneffective. As a result, by the middle of the 18th century, a system was formed so that, aside from the usual financial liability of the perpetrators, criminal and disciplinary penalties, it was effectively complemented by the principle of the command vertical liability in the matter of compensation for damage, which gave it a special corporate character. A specific attitude towards damage also facilitated this. The claim arose from a specific military unit, not from the treasury. This damage could not be forgiven even by the emperor. Measures such as sequestration of the culprit’s real estate and extending material claims to their heirs further reinforced the corporate identity of the regiment’s property.