Reintegration Of Offenders Research Articles

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 Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which frequently originates from the tendency to emulate negative behaviors and the lack of adequate parental supervision. This research employs a normative legal approach to elucidate the nature of the penalties imposed upon minors who perpetrate criminal acts, as delineated in the Juvenile Criminal Justice System No. 11/2012. The findings indicate that to avert criminal conduct by minors, it is imperative to implement sustainable development initiatives that bolster the survival, physical, mental, and social advancement of children, while safeguarding them from threats that could jeopardize their future and the nation. The juvenile criminal justice system incorporates community involvement throughout the entirety of the case process. Crimes occurring within the community are shaped by the prevailing social conditions, along with individual factors pertaining to the perpetrators and victims. At the conclusion of each case, the community is tasked with facilitating the reintegration of offenders and victims back into the social milieu. This is achieved through either the establishment of new informal institutions or the reinforcement of existing formal ones.

The Enigma of Humanistic Justice in Addressing Narcotics Abuse

Drug abuse is a complex problem that requires a comprehensive solution. This includes how the concept is used in various aspects of tackling drug abuse. Justice in drug abuse eradication is a complex enigma, especially when the approach taken tends to be repressive and pays less attention to humanitarian aspects. Restorative justice is an alternative paradigm for handling drug abuse in Indonesia by linking it to the values of Pancasila. Restorative justice emphasizes recovery, reconciliation, and reintegration of offenders, victims, and society. This approach is in line with Pancasila values such as humanity, unity, and social justice. Restorative justice does not only enforce the law, but also pays attention to the social and psychological aspects involved in drug abuse cases. Applying restorative justice to the rehabilitation of drug addicts helps them overcome their addiction and become productive members of society again. Implementing restorative justice requires the cooperation of various stakeholders, including government, law enforcement, and local communities. This research aims to explore and understand the complexity of humanistic justice in the context of drug abuse treatment, as well as examine the definition and concept of humanistic justice in the context of drug abuse. This research uses an empirical juridical method, with interviews conducted at the Kediri City Attorney's Office and observation visits to post-rehabilitation drug abusers. Results of this study show that to overcome this, a comprehensive approach is needed that affects many aspects of life. The noble values of Pancasila provide a solid foundation in developing effective coping strategies.

Relevansi Pengampunan Korupsi dalam Perspektif Islam Dengan Hukum yang Berlaku

Corruption remains a pervasive issue in Indonesia, spanning across all levels of governance from national to local, impacting both public and private sectors. Rooted deeply within societal and governmental structures, corruption undermines ethical standards, economic stability, and public trust. This research aims to examine the implications of granting pardons to corruption offenders within Indonesia's legal framework. The study employs a literature review methodology, synthesizing insights from various scholarly sources. Findings suggest that pardons, whether through remission or sentence reduction, are intended to expedite case resolutions, facilitate asset recovery, and promote social reintegration of offenders. However, the practice of pardoning corruption offenders raises ethical and legal dilemmas concerning justice for victims and societal repercussions. From an Islamic perspective, corruption is unequivocally condemned, emphasizing principles of justice and restitution. Islamic jurisprudence allows for forgiveness only upon sincere repentance and restitution of unlawfully acquired assets. Indonesian legal policies rigorously regulate the conditions under which pardons are granted, including requirements such as fine payments and cooperation with law enforcement. Thus, the process of granting pardons demands careful consideration to uphold justice, ensure societal trust, and maintain deterrence against future corrupt practices.

Caught in the spider’s web: The collateral consequences of the criminal record on higher education, professional registration, and employment opportunities

Abstract Although significant research has already been conducted on the intricacies of the criminal record in South Africa and internationally, literature points to a disjuncture between research and policy, especially around topics relating to access to higher education (HE) and admission to professional registration councils by formerly incarcerated students (FIS) with a criminal record. This qualitative case study incorporated a discourse analysis approach to determine the tone of 23 policy documents. In addition, twelve participants were purposefully sampled to share their lived experiences regarding the regulation and reintegration of FIS when applying for admission to HE and professional registration councils and potential employment upon completion of their studies. The findings indicate that the construction of legal documents and application forms allows higher education institutions and professional registration councils to access students' personal data, such as their criminal records. This leads to implementing measures that exclude certain individuals, which in turn obstructs the effective social reintegration of formerly incarcerated individuals into the workforce. The study recommends the implementation of a South African research-based HE policy aimed at addressing the systemic injustices that regulate the simultaneous admission and rejection of FIS when applying to access HE and admission to professional registration councils. Keywords: higher education, professional registration councils, criminal record checks, offender reintegration, South Africa.

No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq

Abstract How does variation in the severity of punishment affect public opinion toward the reintegration of former enemy “collaborators” after war? We study this question in the context of Iraq where the Islamic State, an armed rebel group, captured and governed a population of more than five million Iraqi citizens between 2014 and 2017. Building upon extensive fieldwork and interviews in Iraq, we designed a survey experiment that randomly varied the severity of sentences in hypothetical scenarios of civilians who supported the Islamic State in non-violent roles (e.g., cleaners, cooks, and wives of fighters). The experiment allows us to estimate the causal effects of punishment on attitudes toward reintegration. We find that a long prison sentence (fifteen years) does not increase the likelihood of participants’ willingness to allow the reintegration of former collaborators; instead, a noncarceral punishment (community service) has a small but statistically significant positive effect. Our most striking findings show that noncarceral and community-based justice mechanisms can significantly increase the likelihood of successful reintegration after punishment. Fifteen percent of respondents who were initially opposed to the return of former collaborators into their communities said that they would be willing to change their judgment and support reintegration if they were asked to do so by a tribal or religious leader, or if the offender completes a noncarceral rehabilitation program. These findings suggest that noncarceral, restorative, and community-based justice mechanisms may be equally or potentially more effective than long-term incarceration for achieving the objectives of rehabilitation and eventual reintegration of former nonviolent offenders. This Article advances the field of comparative empirical legal scholarship by providing an innovative experimental research design that can be replicated by scholars studying other contexts to help answer important questions about the causal effects of criminal justice policies.

ЗАРУБІЖНИЙ ДОСВІД СТАНОВЛЕННЯ ТА РОЗВИТКУ ІНСТИТУТУ ПРОБАЦІЇ

The problem of the need to reduce the number of people in prisons, crime prevention, and effective correction of convicts has existed for a long time. In order to solve these issues, probation has been in operation for a long time in many countries of the world, in particular in the countries of the European Union. The rehabilitative aspect of probation deserves special attention: in its application, the main goal is not punishment, but social reintegration into society and correction of convicts. The purpose of the article is to study the foreign experience of the formation and development of the institution of probation as an active and progressive system of execution of punishments. The article used the methods of observation, comparison, generalization, scientific abstraction, and system analysis. Ukraine should take into account the experience of Estonia, Spain, and Portugal in the field of electronic monitoring. This type of probation measure in these countries has already proven its effectiveness, helped to save budget funds (the amount spent on electronic monitoring is much less than the amount of money spent on keeping a person in prison), and also allowed to reduce the number of people who are in prisons. The practical value of the article lies in the study and systematization of foreign experience of criminal legal measures not related to the isolation of offenders from society. The possibility and expediency of borrowing, as well as the introduction of mechanisms of such interaction in the crime prevention system in Ukraine, were analyzed. Foreign experience shows that the introduction of the probation service is an important factor that has a positive impact on society. Restorative justice programs are an effective component of probation services: they have an educational impact on the offender, prevention of repeated offenses, and promotion of social adaptation and reintegration of offenders into society. Key words: foreign experience; institute of probation; offenders; punishment; society; system of execution of punishments.

Combating the Terrorist Stigma: Communicating Rehabilitation and Reducing Barriers to Reintegration

ABSTRACT Stigmatizing behavior and a lack of supportive behavior can act as a barrier to successfully reintegrating terrorist offenders, potentially resulting in reoffending. As such, there have been several efforts to understand how to build community support for reintegration of terrorist offenders, for example through community engagement or messaging from trusted authorities. Research on the drivers of community support for reintegrating criminal offenders further suggests the perceived redeemability of an offender is significant at overcoming stigmatization and promoting support for rehabilitation and re-entry into society. In this study, we deploy an experimental survey design to isolate the causal effect of information which signals offender redeemability and then analyze its effect on four measures of supportive and stigmatizing behavior toward a terrorist offender. We also examine the individual characteristics of those more or less likely to report supportive or stigmatizing behaviors toward the reintegrating offender. The findings show that signaling redeemability decreases one measure of stigmatizing behavior and increases one measure of supportive behavior. While trusted messengers may be important in building community support for reintegration, our findings demonstrate the salience of communicating that an offender has completed a rehabilitation program, even among audiences typically opposed to reintegration.

Відбування покарань неповнолітніми в країнах західної та східної Європи порівняно з Україною

The system of dealing with children in trouble with the law has existed for more than a century, starting with the creation of separate institutions for juvenile delinquents and "at-risk" children, which was soon followed by a series of regulations. Although different models have been in place from the very beginning, the predominant approach has been one focused on ensuring the well-being of the child, i.e. ensuring the best interests of the child. This approach is based on the concept of intervention in the best interests of children, which focuses on their needs, not their actions, and which is based on the involvement of social workers to assist the court in matters within their professional competence. Often around such juvenile justice systems there are socio-therapeutic and educational institutions for the rehabilitation and reintegration of juvenile offenders or those at risk of becoming one. Other juvenile justice systems that may be considered distinctive are based on a justice system that more closely resembles the criminal justice system for adults, or administrative commissions or other informal justice processes. In some countries, there are no (or very few) special provisions for juvenile offenders. As a result, there are huge differences in the forms and types of courts, services and institutions that make up the juvenile justice system. With regard to children in conflict with the law, the main aspect is that in criminal proceedings the latter, due to their age and immaturity, are assigned a separate regime, different from that applied to adult offenders. The prerequisite for this is the special vulnerability and limited capabilities of children whose development process has not yet been completed. Not only should any actions be evaluated in accordance with the standards of ensuring the best interests of the child, but the system itself should be responsive to the child's developmental needs in care, in order to ensure the reintegration of children into society as law-abiding citizens. Therefore, the juvenile justice system should focus its attention not only on the nature of the offense committed, but also on the root causes of its commission, as well as on the specific circumstances of each child.

Using the Experience of South Korea in the Establishment of the Probation System in Russia

In this article, the authors discuss the opportunities and challenges of implementing a probation system in Russia based on the Federal Law "On Probation in the Russian Federation" adopted in 2023. It is noted that this law has a framework character and requires the development of a detailed regulatory framework for its full-fledged functioning from the beginning of 2024. The authors propose strategies for implementing the law, which include effective communication and coordination between stakeholders, training programs, the involvement of volunteers and non-profit organizations. The article provides a comparative analysis of Russian probation practices and the Korean probation system, which is recognized as one of the most advanced among APR countries. This system has a complex structure, it includes professional and volunteer staff, various rehabilitation programs and offender support services. The challenges facing the Korean probation system are highlighted, including urbanization, an economic crisis, an ageing population and a lack of resources. The authors emphasize the lessons that can be learned from the South Korean experience, especially the potential benefits of electronic monitoring, spiritual education and other aspects of probation. The study shows that the active participation of volunteers contributes to the successful rehabilitation and reintegration of offenders. The importance of a holistic approach to probation is emphasized, as it takes into account not only the offender's personal characteristics but also his or her relationship with the community. The authors stress that certain elements of the Korean probation system, such as the involvement of volunteers in the implementation of offender re-socialization programs, as well as the emphasis on community involvement can heighten the effectiveness of the probation system in Russia. The article underscores the importance of studying and applying international experience in the field of probation, as well as the need to study UN and Council of Europe documents and improve the system of recording recidivism rates in Russia.

Restorative Justice in Homicide Cases: Opportunities and Challenges

Restorative justice is an alternative approach to the criminal justice system that focuses on restoring relationships between offenders, victims and society rather than simply punishment. This research aims to explore the application of restorative justice in murder cases, assessing the extent to which the concept can be applied and its effectiveness in the Indonesian criminal law context. In this discussion, possible opportunities for the application of restorative justice are examined, such as the potential for victim recovery and offender reintegration into society. However, major challenges are also identified, including normative barriers in the law, resistance from law enforcement officials, and social and cultural constraints. This study uses a qualitative approach with juridical analysis of murder cases in Indonesia that consider aspects of restorative justice. The results showed that although restorative justice offers much potential to improve the justice system, its application in homicide cases requires significant legal reform, education and training of law enforcement officers, and a paradigm shift in society. In conclusion, while restorative justice has opportunities to be applied in homicide cases, the challenges present require a holistic approach to ensure effective implementation.

The Concept of Restorative Justice in Islamic Criminal Law: Alternative Dispute Settlement Based on Justice

This study discusses the concept of restorative justice in Islamic criminal law as an alternative to restorative justice-based dispute resolution. This study is to analyze the concept of restorative justice in the context of Islamic criminal law and identify its potential use as a more just and recovery-oriented dispute resolution method. This research method is a literature study by collecting and analyzing primary and secondary sources related to the concept of restorative justice in Islamic criminal law. This study used a descriptive-analytical approach to understand the essence and principles of restorative justice and how it can be applied in the context of Islamic criminal law. The results of the study show that the concept of restorative justice in Islamic criminal law emphasizes recovery, reconciliation, and reintegration of offenders into society. This approach pays special attention to the needs of victims, encourages their active participation in the dispute resolution process, and involves the community as a key stakeholder. This study also identifies the potential for using the concept of restorative justice in Islamic criminal law as an alternative to resolving disputes. A restorative approach allows the parties involved to reach mutually satisfactory agreements, restore damaged relationships, and reduce the risk of repeat offenses. In conclusion, the concept of restorative justice in Islamic criminal law can be an alternative that has the potential to improve justice in dispute resolution.
 Keywords: restorative justice, Islamic criminal law, justice, disputes

Aspects of Personnel Management of the Probation Service in Albania: Under the Perspective of the Tokyo Rules

The Probation Service is a crucial component of state organization and operation, as this institution\'s purpose is to oversee alternative sentencing, thereby ensuring the rehabilitation of individuals subject to such sanctions. For the successful realization of this goal—namely, the assistance in reintegration and resocialization of law offenders into the community through contemporary methods and tools of alternative punishments—the staff of the Probation Service must be qualified. This entails that the selected personnel not only possess the requisite professional training to handle supervised individuals but also continuously undergo various processes and techniques for motivation, professional development, and performance evaluation. Consequently, and due to the scant scientific research in this field in Albania and beyond, our aim is to highlight the most crucial element of such an institution—the personnel, specifically, the so-called probation service specialists (PSS).We have examined whether the management of PSS in Albania adheres to international standards, or the so-called Tokyo Rules, concerning personnel, starting from the selection process, motivation, performance evaluation, and professional development. To achieve this objective, firstly, it was determined whether the Albanian legal framework on the organization and functioning of the Probation Service specifies these international standards, or the Tokyo Rules, regarding personnel. Secondly, it was verified whether these international standards on personnel are applied in the management practices of PSS in Albania. Thirdly, it was ascertained that managing PSS according to international standards guarantees the effective execution of alternative sentences. In this manner, we have demonstrated the role and impact that well-managed personnel have on achieving the purpose and mission of the Probation Service, namely, the rehabilitation and reintegration of the supervised individual.This study, from the perspective of the Tokyo Rules, has first revealed that the legal framework in Albania for managing the personnel of the Probation Service adheres to international standards, or the so-called Tokyo Rules; secondly, that the management in practice of PSS does not occur according to this legal framework and international standards. Furthermore, it has been shown that the management in practice of PSS not according to international standards has not ensured the effective execution of alternative sentences. Thus, we have identified the direct impact that well-managed personnel have on realizing the goal and mission of the Probation Service, i.e., the supervision of alternative sentences and the rehabilitation/reintegration of the supervised person.

Electronic Monitoring of Imprisonment in the Law and Judicial Practice of England

Electronic monitoring, as an alternative to imprisonment, became a part of England's penal policy in the 1990s. Since then, it has been applied in various cases, such as low-risk offenses, suspended sentences, and bail conditions. This method has helped reduce the costs of prisoner maintenance and overcrowding in prisons, while also facilitating the rehabilitation and social reintegration of offenders. However, challenges such as privacy violations, human rights criticisms, and the technological costs of these systems remain topics of discussion. This research, using a descriptive-analytical method, examines key laws regarding electronic monitoring in England, including the Criminal Justice Acts of 1991, 2003, and 2012, and analyzes examples of related judicial cases. The results indicate that electronic monitoring, in some cases, has contributed to crime reduction and social reintegration, but its effectiveness depends on the type of offense, social conditions, and its combination with other monitoring tools. Ultimately, the research concludes that electronic monitoring can be an effective tool in offender management but requires ongoing reforms and evaluation to address the challenges it faces and improve its efficiency.

Psycho-social dynamics of criminology and humanistic corrections: An appraisal

The Constitution of India clearly states under Article 21 that "no person shall be deprived of his right to life or personal liberty except according to the procedure established by law". This is a fundamental human right that acknowledges the spirit of human existence. Article 20 also protects a person's right against conviction. No individual is a criminal by birth. Understanding various psycho-social variables affecting offenders' cognitive and affective processes is important. Family and social environment play a vital role in shaping an individual's behaviour, thought process, motive, and personality. The age-old notion that "Spare the rod, spoil the child" is a punitive way of disciplining undesirable behaviours. It implies harsher the punishment, the better the character of a person. Unfortunately, such belief is supported by law enforcement authorities. On the contrary, the humanistic approach emphasizes the correction of criminal behaviour by inculcating more positive human values and rebuffing punitive measures. The present paper analyses various psycho-social dynamics of criminology and emphasizes adopting the humanistic approach in corrective measures for the reintegration of offenders into the mainstream of society.

ظاهرة اكتظاظ السجون واستشراف مستقبل بدائل العقوبات السالبة للحرية: العمل لصالح النفع العام نموذجًا

Countries have recognized the spread of criminal phenomena and have attempted to combat them through various means and measures. In recent decades, they have increasingly turned to non-custodial sanctions, primarily imposing them as original the basic penalties for most crimes in their criminal laws. However, these sanctions quickly led to a crisis in modern criminal policy, prompting a shift towards exploring alternatives to imprisonment. These alternatives include fines, community service, electronic monitoring, criminal mediation, reconciliation, and others. This study specifically discusses one of these alternatives, namely, community service, and attempts to forecast anticipates its future. The goal is to address and approach the problems of prison overcrowding, slow resolution of criminal cases, and to avoid the negative effects of freedom-restricting sanctions, especially those of short duration. Additionally, the study aims to facilitate the reintegration of offenders into society. The study highlights a legislative inflation in the field of prison and detention penalties across various criminal laws, resulting in several drawbacks. These include the impact of this inflation on prison capacity, hindrance to prison reform plans, and an increase in state expenditures on the prison sector. The study recommends proactive solutions to make community service an alternative to custodial sanctions, such as establishing specialized legislative committees to create a new system for non-custodial alternatives, including community service. This system could be incorporated into criminal laws or enacted as an independent law applied by the courts, in accordance with the principles of the legitimacy of crimes and punishments.

Investigation Into the Implementation of Rehabilitation in the Penal System

The implementation of rehabilitation programs in the penal system has garnered significant attention to address the root causes of criminal behaviour and facilitate the successful reintegration of offenders into society. However, the effectiveness of rehabilitation in prisons remains a subject of debate. Specifically, it is disputed what factors influence rehabilitation effectiveness, with particular attention given to psychological and educational rehabilitation approaches, as well as factors affecting socio-demographic groups like age, race, and gender. The project conducted in-depth interviews with Ukrainian and Canadian university students to explore this issue further. Studies on rehabilitation effectiveness have produced varying results, with some indicating positive changes in inmates' psychological well-being and easier societal reintegration. In contrast, others have shown limited or no significant improvements. Their insight highlighted the need for improvements in the rehabilitation process to ensure public safety and reduce recidivism rates. By addressing these concerns, society can have greater confidence in the rehabilitative efforts undertaken in correctional facilities, ultimately fostering a safer environment for all.

Surveying Legal Education in Pakistan: Addressing Challenges and Proposing Innovations

This research article thoroughly analyzes the current status of legal education in Pakistan to elucidate the obstacles that impact its caliber and pertinence. Extensive literature reading and stakeholder interviews were used to analyze present hurdles and weaknesses in-depth. Fundamental difficulties identified include shortages of instructors, an outdated curriculum, and a need for more emphasis on practical skills. Furthermore, it highlights the significance of employing critical thinking and problem-based learning to navigate the intricacies of modern society. The author recommends legislative reforms to tackle these difficulties, focusing on the necessity of modernizing the curriculum, promoting critical thinking, and improving the quality of faculty. Furthermore, the research article proposes utilizing technology and online platforms to enhance educational accessibility, specifically for underprivileged students. In summary, the study emphasizes the immediate necessity for extensive reforms in legal education in Pakistan to guarantee its ongoing efficacy in equipping future legal practitioners to address the problems of the 21st century.

Research on the Impact of Restorative Justice Implementation on the Social Reintegration of Offenders and the Reduction of Recidivism Rates

Restorative justice has emerged as a powerful framework within the criminal justice system, offering innovative solutions to reduce recidivism and promote the social reintegration of individuals with criminal backgrounds. This paper explores the impact of restorative justice on these crucial aspects of the criminal justice process. It delves into the principles, practices, and theoretical underpinnings of restorative justice. Real-world cases and empirical evidence are presented to illustrate its effectiveness, while also acknowledging the challenges and limitations. The implications of this research highlight the need for wider integration of restorative justice programs, the development of skilled facilitators, and the importance of community involvement. As a holistic approach, restorative justice provides a promising path toward safer and more inclusive communities.

Community Reintegration of Offenders at an Overcrowded Rural Correctional Facility: Work Experiences of Correctional Officials

Community reintegration of offenders is one of South Africa’s methods of rehabilitating offenders who have served a portion of their sentence in a correctional centre. However, overcrowding in the rural correctional facilities that have limited resources have exposed the correctional officials to enormous work-related challenges. This paper discusses the work-related challenges experienced by correctional officials at Rooigrond Correctional Centre, a rural correctional centre in North West Province in South Africa. This study employed a qualitative research approach and a descriptive research design to capture the challenges experienced by correctional officials during reintegration of offenders at Rooigrond Correctional Centre. Due to the different ranks of the correctional officials who participated in the study, a quota sampling technique was used to involve ten correctional officials in face-to-face interviews. Thematic data analysis was used, which showed that correctional officials experience a plethora of challenges which have an impact on work and personal levels. This paper makes significant conclusions and recommendations to improve the work-related experiences of the correctional officials in overcrowded, low-resourced rural correctional facilities.