Judicial Punishment Research Articles

Interreligious Ethics in the Chinese Context: A Comparative Study of the Ten Commandments and the Five Precepts

Religious laws are an important manifestation of religious ethics, maintaining and integrating the community of believers while providing behavioral guidelines for individual believers. This article explores the differences in laws between Judaism and Buddhism through textual analysis of the Ten Commandments in the Bible and the Five Precepts in Buddhism. The article argues that the overlapping content between the two represents the expression of a shared natural law tradition in different religious cultures. However, there are also significant differences. The Ten Commandments were issued for the entire Israelite community, emphasizing the sacred relationship between humans and God and reflecting the characteristics of the Israelite nation as a community of faith. The Five Precepts of Buddhism which originally served as behavioral guidelines for the monastic order later expanded to include all Buddhist followers, focusing on the intentions and thoughts behind speech and actions. Due to the diverse cultural contexts Buddhism encounters, violations of precepts do not entail judicial punishment but are emphasized for their obstructive role in spiritual practice.

The Return of the Repressed: Political Deportation in the 
Indian Ocean during the Age 
of Revolutions

Abstract Between the second half of the eighteenth and the beginning of the nineteenth century, the Indian Ocean became a theatre of the global war waged by European imperial states. This article compares how three colonial powers, in French, Danish, and British colonial territories, dealt with interconnected political threats, in a region where the limits of imperial sovereignty and jurisdictions were often blurred and frequently renegotiated. Rather than a formally sanctioned doctrine and legal category, deportation should be understood as a crude tool for solving a variety of problems. Although the forced removal of criminals, religious minorities or political opponents was not a new instrument to the late eighteenth century, it is often ignored that political deportation was also a widely used legal practice in the Indian Ocean during the ‘age of revolutions’. In this region, deportation was used by imperial centres to get rid of political enemies, but also by regional authorities, without referring to metropolitan orders. It was usually not a judicial punishment, but an administrative measure justified in the name of political necessity. This article focuses on three small colonial enclaves, French Reunion, Danish Tranquebar, and British Pondicherry, where a siege mentality and fear of political sedition were omnipresent in this period. Contemporaries believed, with some justifications, that a single conspiracy linked these three colonial theatres, involving the same set of protagonists, who redeployed their projects as they were removed from one place to the next. But in these three sites and societies, deportation raises different issues. Dumping radicals on a foreign shore might have been a short-term fix, but it rarely solved problems in the long term: deportees often returned after some time, which was a direct consequence of the colonial authorities’ reluctance to take irreparable decisions, and of the entanglement of empires and polities in the Indian Ocean.

Forensic Medical Examiners’ Role in Resolving Malpractice Claims:Legal and Ethical Obligations

In the last few years, the trends of malpractice claims have escalated worldwide. In many judicial systems, forensic medical examiners manage malpractice lawsuits because of their experience in medical, legal, and ethical aspects of healthcare. They analyze medical records to objectively investigate consent-related issues and verify any neglect or deviations from standard medical care. Then, the extent of harm is evaluated in the surviving cases by determining the degree of resulting infirmity. Judicial penalty and compensation depend on the infirmity’s percentage. In cases involving patient death, comprehensive post-mortem examinations are performed to explore potential medical errors, death causes, and causal relations between error and the occurrence of death. It is essential to consider that evaluating technical errors necessitates the expert opinions of consultants from the same specialties as the accused physicians. The legal obligation for all forensic medicine experts is to provide objective, unbiased, evidence-based medicolegal reports. The ethical commitments include preserving the confidentiality of data of both patients and accused healthcare providers. Also, forensic medical examiners could actively participate in healthcare education to protect medical staff against future malpractice accusations.

A Fair Investment Environment: The Impact of the Shadow Economy, the Harshness of the Courts Against Corrupt Officials, Tax Pressure and Restrictions on Business

Creating a fair investment environment is crucial for economic growth and attracting domestic and foreign investors. The purpose of this study is to find out how the shadow economy, harshness of courts against corrupt officials, tax pressure, and restrictions on business affect the fair investment environment. Therefore, two economic-mathematical models are built using multiple least squares regression analysis, in which the outcome variables are: in model 1 ‒ control over corruption, which is a component of the Global Governance Index; in model 2 ‒ the European Business Association’s Investment Attractiveness Index. The composition of the factor attributes in both models is the same: Corruption Perceptions Index by Transparency International; level of shadow economy according to the Ministry of Economy of Ukraine; the number of criminal cases in courts under the article “Acceptance of an offer, promise or receipt of an undue benefit by an official” using open data from the Unified State Register of Court Decisions; total tax and fee rate, which reflects taxes and mandatory payments as a percentage of commercial profit, determined by the World Bank Group methodology; assessment of “Starting Business” by Doing Business, according to the methodology of the World Bank Group. The modeling is based on the example of Ukraine for 2012‒2022. Calculations based on Model 1 show that restrictions on business have the greatest impact on the corruption control indicator (a 10% reduction in restrictions leads to a 3-point reduction in the need to control corruption), the shadow economy and tax pressure have an average impact (a one-point increase in them will increase the level of corruption by 0.4 points). The harshness of the courts against corrupt officials has the least impact (most corruption cases in Ukraine do not reach the courts). Calculations based on Model 2 show that the complexity of starting a business exerts the greatest impact on investment attractiveness (if it decreases by 15%, investment attractiveness will increase by almost 1 unit). The average impact is exerted by the increase in the shadow economy (a 10% increase in the shadow economy leads to a rise in investment attractiveness by 0.4 units). The insignificant impact is exerted by the tax burden and judicial punishment of corrupt officials.

The Dynamics of Anti-Corruption Campaigns in China: An Empirical Study of the Official Rank-Punishment Nexus in the Context of Political and Legal Changes

ABSTRACT Along with the escalating corruption problem in China comes the Chinese government’s continuous effort to combat corruption. The increased intensity, duration and scope of anti-corruption campaign over time culminated with Xi’s effort to fight both ‘tigers’ and ‘flies’ during his administration. Despite growing research interests, few empirical studies took a dynamic approach to compare the effect of Xi’s campaign with that of his predecessors. Based on 2,034 cases, this study investigates judicial sentencing and its correlation with official ranking within a continuum of anti-corruption initiatives that spanned over several decades, incorporating the effect of both political changes (administration transition from Hu to Xi) and legal changes to the Criminal Law. The findings cast doubt on the claimed severity of Xi’s campaign relative to that of Hu’s but lend support to more visible and harsher punishment against the tigers than the flies. Our study sheds invaluable light to the ongoing debate about the relationship between official ranking and judicial punishment in the discussion of potentially effective strategies against corruption.

ТЕОРИЯ И ПРАКТИКА ВЗЫСКАНИЯ СУДЕБНОЙ НЕУСТОЙКИ (АСТРЕНТ) В ГРАЖДАНСКОМ ПРОЦЕССЕ

The purpose of the article is to analyze the theoretical provisions and features of the practical application of the astrent institute (judicial penalty) in civil proceedings. Based on the analysis of the positions existing in the scientific literature, the mixed legal nature of astrent, which is a complex material and procedural institution, is emphasized.The author, taking into account the analyzed judicial practice, concludes that the court penalty is in demand and suggests expanding the scope of its application, including labor and administrative disputes. Taking into account the lack of an unambiguous approach in judicial practice to determining the amount of the astrent, the need for additional specification of the criteria for its determination is emphasized.

On the Use of Concept of "Judicial Penalty"

The essence of the application of the concept of "judicial penalty" is to release a person from criminal liability and oblige to pay a sum of money in the event a person has committed a minor or moderate crime for the first time and has compensated for damage or caused harm. A unique feature of a court penalty is that it is based solely on voluntary payment by the offender. If the offender does not comply with the court decision within the prescribed period, then such a decision is subject to cancellation, and the case is reviewed again but per standard procedure. Resorting to the institution of judicial penalty, the state thereby "gives a chance" to help offenders who have committed crimes of small or medium gravity mend their ways, suffering "minimal losses". The offender does not actually go unpunished, but at the same time does not have a criminal record, is not subject to deprivation or restriction of personal and social rights, which is inherent in the application of the institution of criminal punishment.

Потенциал использования судебной неустойки (астрента) в обеспечении исполнения обязанности по представлению истребуемых доказательств в цивилистическом процессе

The presentation of evidence in civil proceedings is a subjective right of the persons involved in the case, however, the court is entitled (in civil proceedings — should be entitled) to demand evidence under threat of penalties. The subjects of punitive liability are both the persons involved in the case and other subjects who own the required evidence. However, a court fine as a measure of responsibility for failure to provide evidence is not always effective, which gives rise to a rare application of this measure in judicial practice. Requests for evidence are often not executed by the persons to whom they are addressed. The author proposes to establish a judicial penalty (astrent) as a measure of responsibility for failure to provide evidence, which is currently established for the case of non-execution of only the final judicial act. It is proved that the penalty, which is increasingly increasing as the procedural obligation is not fulfilled, will serve as a more effective incentive for the presentation of evidence. The proposed measure performs three functions: when it is established in case of possible non–presentation of the requested evidence, it has a preventive function; when it is applied for the fact of non–presentation of evidence, it has a liability measure function and a security function.

An Afro-Christian contextual analysis of presidential pardon in post-colonial African politics

Presidential or royal pardon is an age-long practice in precolonial Africa as well as in biblical times. This practice has never been without criticisms because of how, and on whom the pardon is granted. The trial of Jesus has been vastly studied within an African theo-interpretive model. However, the demand for the release of Barabbas rather than Jesus has not been adequately studied in a contextual or comparative theo-political manner in Africa. This is the thrust of this article. Using the desktop method, the article argues that presidential pardon granted to convicted criminals who are not allowed to serve judicial punishment is a stimulant for inveterate corruption in the polity. The theoretical argument of this article is that many African political leaders often resort to this kind of pardon that has adversely affected the polity. The significance of this is that this behaviour emboldens political leaders to continue to corrupt the system with dire consequences for the people.

THE POSITION OF IRAQI WOMEN PARLIAMENTARIANS ON APPROVING THE LAW ON PROTECTION FROM DOMESTIC VIOLENCE (A FIELD STUDY)

In the absence of legal legislation that guarantees the rights of the family and protects it from any domestic abuse, and with the presence of fanatical parliamentary and political blocs and leaders that reject everything that would lead to a safe and fair life for all, the Anti-Domestic Violence Law in Iraq has been put forward in Parliament since 2011. It was adopted and sponsored by human rights and social bodies. Civil organizations concerned with the rights of the family and the child in particular, and set up studied frameworks for it to ensure the reduction of rumored violence and deterring those who cause violence. It was proposed by the Presidency of the Republic and sent by the Council of Ministers on August 4, 2020 to the House of Representatives, but it remained without acknowledging its obligation to reject some blocs inside the dome of Parliament on the pretext that Some of the provisions of the law contradict the principles of Islam in the upbringing of the wife and children, describing it as a destroyer of the family and a cause of the disintegration of its bonds. She has done more than that by launching campaigns to abuse the law, distort its paragraphs and intimidate people from it, while the opposite is true and the provisions of the law carry only greater regulation of social relations. And the family. Iraq today does not have any law that protects women and children, with an increase in incidents of abuse within the family against the most vulnerable groups, such as women and children. It may sometimes reach murder as a result of violence, and it comes under several justifications such as sudden death or suicide and others to escape judicial penalties. Violence is taken Gender-based violence takes many forms, including partner violence، sexual violence, and child marriage. Girls and women may also be exposed to gender-based violence when they are deprived of nutrition and education. Women and girls who are survivors of gender-based violence suffer severe long-term consequences for their lives. Their physical and psychological health, and some of them are exposed to serious physical injuries and may lose their lives. Based on all of the above, I conducted field research with some Iraqi women parliamentarians about the legislation of the law and their position towards it. During the research, it was found that some parliamentary blocs strongly oppose the legislation of the law, as they claim within it the disintegration of Muslim families and contrary to the constants of Sharia. Some of them believe that there is no infrastructure to shelter survivors of domestic violence and the need to amend some of its paragraphs

일제의 식민지 통치를 위한 사법적 통제에 관한 연구

The mechanism of judicial control used as a means of colonial rule by the Japanese Empire, which was confirmed through this paper, is as follows.
 First, the revival of flogging and the immediate resolution of crimes in the early days of colonialism were typical means of punishment in which the threatening colonial rule of the time was reflected in the realm of the judicial control model. Under the pretext of introducing a modern judicial system under the guise of introducing a modern judicial system, Japanese colonial rule was revived as a traditional means of punishment, active use of it, introduction and operation of modern prisons, and active enforcement and expansion of death sentences and executions. It was used as a means of colonial rule to detain and oppress the people who resisted.
 Second, the detention system using colonial modern prisons is characterized by the birth of a group of ‘criminals’ due to the introduction of modern punishment in colonial Joseon in the 1910s, and the active use of pre-modernity in controlling them. This well shows the introduction of the barbaric and formal modernization process that Korea had to undergo as a colony. After opening as Gyeongseong Prison on October 21, 1908, it was used to arrest and detain numerous patriots who resisted Japanese imperialism.
 Third, it is a well-known fact that a significant number of anti-Japanese activists as well as the people of Joseon were executed during the Japanese colonial era. In particular, the death penalty for anti-Japanese independence activists, that is, ideological criminals (political criminals), is sufficient to raise suspicions that the judicial punishment of the Japanese Empire was excessively abused. Furthermore, it was confirmed that the death penalty was used as a means of oppressive rule by the Japanese colonial rule.

COMPARISON OF RADIOGRAPHIC METHODS (THE GILSANZ AND RATIBIN ATLAS AND TANNER-WHITEHOUSE 2 AND 3) OF BONE AGE ASSESSMENT WITH CHRONOLOGICAL AGE

Introduction: Bone age assessment (BAA) can play an important role in legal and medical contexts. It can help determine a person’s legal rights and responsibilities, and can also be used to estimate their chronological age (CA) when accurate birth records are not available. BAA is used in situations such as identification, employment, criminal responsibility, judicial punishment, consent for marriage, and in sports competitions. In addition, it can also be used in cases where there is a need to estimate CA, such as during immigration or in conditions where birth records are not available. Methods: The study was approved by the Institutional Ethical Committee, and written consent was obtained from both children and their parents before participating in the study. Patients were selected based on specific inclusion and exclusion criteria. A data collection form was created for each participant. X-rays of the left hand and wrist were taken for all children referred to the X-ray Department at Sahyadri Speciality Hospital in Pune. The CA of the child was determined by their date of birth, and the bone age (BA) was assessed using radiographic methods. Result: The Bland–Altman plot is a statistical tool used to compare the agreement between two methods of measurement, in this case, the CA and Tanner-Whitehouse 2 (TW3) methods for BAA. The results of the comparison showed a statistically significant agreement between the TW3 method and the GR atlas. Conclusion: The TW2 method is not reliable for BAA. However, the TW3 method is considered reliable for assessing BA in older male children (ages 105–192 months) and younger female children (ages 13–104 months). On the other hand, the GR atlas appears to be more effective for younger male children (ages 13–104 months) and older female children (ages 105–192 months). In addition, the TW3 method can be used in conjunction with the GR atlas for older female children.

Microexpression recognition robot

<p><span lang="EN-US">Following the development of big data, the use of microexpression technology</span><span lang="EN-US"> has become increasingly popular. The application of microexpressions has expanded beyond medical treatment to include scientific case investigations. Because microexpressions are characterized by short duration and low intensity, training humans to recognize their yields poor performance results. Automatically recognizing microexpressions by using machine learning techniques can provide more effective results and save time and resources. In the real world, to avoid judicial punishment, people lie and conceal the <span>truth for a variety of reasons. In this study, our primary objective was to develop a system for real-time microexpression recognition. We used FaceReader</span> as the retrieval system and integrated the data with an application programming interface to provide recognition results as objective references in real-time. Using an experimental analysis, we also attempted to determine the optimal system configuration conditions. In conclusion, the use of artificial intelligence is expected to enhance the efficiency of investigations.</span></p>

The Political Economy of Punishment: Slavery and Violence in Nineteenth-Century Brazil and the United States

AbstractThis article analyzes slave resistance, capital crimes, and state violence in the Mississippi Valley and the Paraíba Valley – two of the most dynamic plantation economies of the nineteenth century. The research focused on the intersection between slavery and criminal law in Brazil and the United States. The analysis of capital crimes committed by enslaved people in Natchez and Vassouras revealed changing patterns of resistance and judicial punishment through the decades. This investigation demonstrated that local experiences of violence on plantations and in courtrooms were connected to the dynamics of national politics and the world economy. Moreover, this comparative study illuminated differences between these racialized slave societies and their political systems and revealed the essence of distinct regimes of racial violence in the Americas.

Compassion as an Agent of Historical Change

Abstract Compassion plays a significant role in many historiographies because of its capacity to explain human motivation and action. Within the history of judicial punishment in particular, compassion is a key agent of change—a feeling with explanatory power for historians. With its call to historicize feeling, the history of emotions troubles such accounts, undercutting the human universalism that compassion’s explanatory power relies on. This article argues that an emotions history of early modern compassion leads us to draw quite different conclusions about not just the operation of early modern punishment but especially what changed with the decline of corporeal punishment and the rise of human rights in the eighteenth century. It reminds historians that the history of emotions is important not just for those in this subdiscipline but for any who use emotion to explain historical events.

Optimizing the social utility of judicial punishment: An evolutionary biology and neuroscience perspective.

Punishment as a response to impairment of individual or group welfare may be found not only among humans but also among a wide range of social animals. In some cases, acts of punishment serve to increase social cooperation among conspecifics. Such phenomena motivate the search for the biological foundations of punishment among humans. Of special interest are cases of pro-social punishment of individuals harming others. Behavioral studies have shown that in economic games people punish exploiters even at a cost to their own welfare. Additionally, neuroimaging studies have reported activity during the planning of such punishment in brain areas involved in the anticipation of reward. Such findings hint that there is an evolutionarily honed basic drive to punish social offenders. I argue that the transfer of punishment authority from the individual to the group requires that social offenders be punished as a public good, even if such punishment is not effective as retribution or deterrent. Furthermore, the social need for punishment of offenders has implications for alternatives to incarceration, publicity of punishment, and judicial structure.

Fairness Measures of Machine Learning Models in Judicial Penalty Prediction

<p>Machine learning (ML) has been widely adopted in many software applications across domains. However, accompanying the outstanding performance, the behaviors of the ML models, which are essentially a kind of black-box software, could be unfair and hard to understand in many cases. In our human-centered society, an unfair decision could potentially damage human value, even causing severe social consequences, especially in decision-critical scenarios such as legal judgment. Although some existing works investigated the ML models in terms of robustness, accuracy, security, privacy, quality, etc., the study on the fairness of ML is still in the early stage. In this paper, we first proposed a set of fairness metrics for ML models from different perspectives. Based on this, we performed a comparative study on the fairness of existing widely used classic ML and deep learning models in the domain of real-world judicial judgments. The experiment results reveal that the current state-of-the-art ML models could still raise concerns for unfair decision-making. The ML models with high accuracy and fairness are urgently demanding.</p> <p> </p>

LETTING GO OF THE LASH: THE EXTRAORDINARY TENACITY AND PROLONGED DECLINE OF JUDICIAL CORPORAL PUNISHMENT IN BRITAIN AND ITS FORMER COLONIES IN AFRICA: PART 2

This article continues from Part 1 in attempting to explain the extraordinary tenacity and prolonged decline of judicial corporal punishment in Britain and its former colonies in Africa. The focus in Part 2 is on the status of judicial corporal punishmentwithin a number of these former colonies. The majority of former British colonies in Africa appear to be moving towards eradicating the use of judicial corporal punishment in all courts, be they criminal or tribal. Some countries, such as Botswana, have made no move to abolish the practice of judicial corporal punishment, whilst others, such as Namibia and South Africa, have outlawed the practice completely. In other countries such as Tanzania, the position is unclear, with legislation still authorising the practice, although the courts have pronounced on its unconstitutional nature. What is clear is that in most of these countries, whether the practice has been abolished or not, public opinion on the matter is deeply divided. Continuous calls are made for the return of corporal punishment in those countries which have abolished it, while equally insistent calls are made for its removal in those countries which retain the practice.

LETTING GO OF THE LASH: THE EXTRAORDINARY TENACITY AND PROLONGED DECLINE OF JUDICIAL CORPORAL PUNISHMENT IN BRITAIN AND ITS FORMER COLONIES IN AFRICA: PART 1

Judicial corporal punishment is still widely used in many countries in Africa. Even those African countries which have abolished the practice have only done so relatively recently, following protracted struggles in the courts. In Britain, which was one of the major colonial powers in Africa, calls for a return to judicial corporal punishment continue to be made, more than half a century after its abolition in that country. The idea that the lash is the only form of punishment that is able to curb rampant criminality continues to exert a powerful hold over the public imagination in both Britain and its ex-colonies in Africa. This article focuses on both Britain and its former colonies in Africa and seeks to address the question as to why a method of punishment which, in theory, was becoming outmoded during the nineteenth century, continues to be used in certain countries in Africa and, even where it is not used, took an inordinately long time to be abolished. The extraordinary and continuing popularity of the idea of judicial corporal punishment, in the African context is examined and explained.

포프의 「호라티우스풍의 제2권 제1편 풍자시」와 풍자에 대한 변호

The essay examines Alexander Pope’s “First Satire of the Second Book of Horace Imitated” as an apologia for his satire from the legal context. Pope uses Horace as his mentor, and tries to defend his satire as lawful poetry. Like Horace’s satire, Pope presents his poem as a dialog between him and his friend Fortescue about what poetry he should write. Being attacked by many people, Pope seeks legal advice from his friend. His friend advises rest, and sleep to take the mind off writing. He also advises Pope to write an encomium to the king, not satire. Pope, however, defends his satire as a social mirror in which he attacks the foibles of rogues. He insists that he should write satire, and punish rogues. Pope’s view about satire is close to the traditional principle of judicial punishment, namely deterrence, while literary satire is supposed to reform people. The lawyer responds by a warning to watch out for libel laws. Pope, however, insists that he should punish rogues like Walpole exempt from effective legal retribution. Then Pope’s satire becomes an honest quasi-judicial sanction to lash criminals escaping from laws. If laws fail to punish criminals properly, he has to punish them using satire.