Punishment Of Crime Research Articles

“I don’t like guns but having one in Winnipeg right now would feel safer”: Crime, liquor theft, and online fantasies of punishment and control

In 2018–2019, there was a surge of local news media coverage in Winnipeg, Canada about what news media described as “brazen” liquor store theft. Online discussion and social media platforms provided segments of the public with opportunities to assert claims about the causes and consequences of this putative crime wave as well as potential solutions within and outside the penal system. These online fora allowed internet communities to imagine new methods of crime control and vocalize a range of emotions about crime and punishment. Employing a thematic analysis of reader comments across several online and social media platforms, we argue that these online discussions about liquor theft provide an empirical case study of the new digital media logic that facilitates highly volatile and short-lived moral panics or “firestorms.” We draw upon cultural criminology scholarship to highlight the centrality of emotion in online discussions on liquor theft. By making emotion central, online discussions provide a clearer glimpse into the displaced rage that is thought to set moral panics in motion. We argue that online platforms constitute an important medium to understand how people imagine and envision punishment and control, as well as how they construct/conceive of offenders and the purported problems underlying crime.

Risk Profile of Stalking in South Korea: Analyzing the First Year of Court Decisions Following Initial Legal Responses.

South Korea implemented specific legislation titled the Act on Punishment of Crimes of Stalking (APCS) on October 21, 2021, to address the issue of stalking. This study evaluated the risks associated with stalking incidents in South Korea by reviewing and analyzing legal cases with finalized judgments within the first year of the APCS. Data were collected through a systematic search of the Korean Supreme Court's Written Judgment Management System database. We identified 193 stalking-related cases between October 21, 2021, and October 14, 2022. These cases were analyzed based on four risk profile criteria: profiles of stalkers and victims, the nature of stalker-victim relationships, motivations behind stalking, and patterns of stalking behavior. Further, we reviewed cases to which the APCS and the Criminal Act applied by analyzing stalker-victim relationships and the stalkers' underlying motivations to assess the risks associated with stalking. Approximately 16.6% of stalkers were diagnosed with mental disorders, the most common disorder being psychosis. The average age of the victims was 42.84 years, with a higher prevalence of female victims compared to male ones. Predominantly, stalkers were former intimate partners of the victims, with most cases motivated by rejection. Direct contact methods, such as physical approaches, have been observed more frequently than indirect methods, such as repeated unwanted messages, or non-contact behaviors, including surveillance and loitering. The findings provide an up-to-date overview of the under-examined criminal stalking issue in South Korea.

Проблемы противодействия хищению бюджетных средств, выделенных на строительство автомобильных дорог

The article touches upon the problems of the field of road construction in terms of embezzlement of public funds allocated for both construction and major repairs of roads and road infrastructure.. The article considers the main signs, types of violations and crimes in this area, which are often committed during the construction of highways. The issue of criminal liability and consequences for committing crimes related to embezzlement of budget funds has been raised. The article suggests ways to solve this problem, including improving control over the use of budget funds, improving the system of state and municipal procurement, tougher penalties for crimes and other measures.

Международные договоры Российской Федерации об ограничении или запрещении средств ведения военных действий как источник толкования части 1 статьи 356 Уголовного кодекса Российской Федерации

Introduction. Part 1 of Article 356 of the Criminal Code of the Russian Federation establishes one of the most socially dangerous crimes recognised by the entire world community – war crimes.The disposition of the structure as alternative actions provides for the use of means of warfare prohibited by international treaties of the Russian Federation. However, the criminal law does not specify such means, which creates a problem for the qualification of the crime. The analysis of such treaties makes it possible to form specific prohibitions, the violation of which should be considered as the commission of the objective aspect of a war crime. At present, this issue is very relevant, since a large number of armed conflicts are taking place in the world and such crimes are being committed. Defending the inevitability of punishment for war crimes, Russia, in accordance with the norms of international law, should have a legal possibility to apply the mechanism of such responsibility. Therefore, the presented analysis is relevant and interesting. Methods. Methods of description, analysis, comparison and systematic method of research are used. Results. The results of the research were the final assessment of the analysed international treaties of the Russian Federation, enshrining prohibitions on the use of specific means of warfare, and the formation of recommendations to improve the provisions of the disposition of part 1. art. 356 of the Criminal Code of the Russian Federation for more effective use and classification of war crimes.

The Changes in Drug Laws to Apply the Death Penalty for Drug-Related Offences in Vietnam

Vietnam has a history of executing individuals for particularly serious crimes. Applying the death penalty for drug-related crimes has sparked considerable debate since the first criminal code in 1985. Vietnam has retained this toughest punishment as one of the deterrent methods to combat drug trafficking in the last three decades. However, as a retentionist-and-reductionist state, Vietnam abolished capital punishment for several crimes in the last code (2015), including drug possession and appropriation. The application of the death penalty for drug offences in Vietnam has evolved in response to international standards and the country’s global integration. Despite these changes, the death penalty remains a contentious issue in Vietnam, with the country maintaining its right to use it in its criminal code system. The path towards the complete abolition of capital punishment for drug offences is still uncertain because this complex issue involves political, legal, and social aspects in Vietnam’s context, particularly when the Communist Party’s ideologies still prefer a supply-driven reduction. This study uses personal reflections from over 20 years to focus and combine with the grey literature from national reports and desk-study in Vietnam’s legislative documents. Seven specific thoughts with relevant recommendations in the last section will explain why we should need further evidence to (re)call for consideration to reduce the death penalty for drug offences before requesting/asking Vietnam to abolish these concerns immediately.

Assessment of Social Damage from Crime and Proportionality of Punishment to Damage: Legal Economics Approach

The article considers the principle of proportionality of the severity of punishment to public damage from an offense in terms of law and economics and criminology. It presents an overview of various criminological approaches to assessing social damage from different types of crimes, concluding that it is not possible to measure this damage precisely in each specific case. The methodology proposed by Sellin and Wolfgang (Sellin & Wolfgang 1964), which rates the severity of crimes based on sociological surveys, is highlighted as an effective basis for determining the severity of punishment proportional to public damage, though it has its drawbacks. The conclusion offers proposals for synthesizing all the approaches considered in the article to assess public damage from crime and establish the socially optimal severity of punishment for offenses.

Law Enforcement Against Illegal Logging in The Jurisdiction of the Tejakula Buleleng Police Sector

The practice of illegal logging is generally carried out by individuals who have official permission from the government to carry out forest logging, such as holders of Forest Ruler Rights (HPH) concession permits, however, if it is further detailed, the perpetrators of illegal logging are organized groups. Law enforcement in overcoming the crime of illegal logging Tejakula Sector Police use 2 (two) means, namely: Penal efforts that focus more on the repressive nature, namely actions taken after the crime occurs with law enforcement and imposition of penalties for crimes that have been committed, and non-penal efforts, a countermeasure that focuses more on the preventive nature, namely actions in the form of prevention before the crime occurs. To solve the problems in this study, the research method is the type of normative legal research supported by conducting field observations with the interview process with the Tejakula Buleleng Sector Police Investigator. So the expected results in this study, the most substantial is the difference in interpretation in terms of administrative sanctions there is a blurring of legal norms in Article 18 paragraph (1) of Law Number 18 of 2013 concerning the prevention and eradication of forest destruction, because in its application or implementation sometimes there is overlap between the meaning of the sentence of the implementation of government coercion sanctions with administrative sanctions of forced money

Setting boundaries between crime and rights

Abstract In 2022, the U.S. Supreme Court’s ruling on Dobbs v. Jackson overturned two precedents, thus ending American women’s 50-year-old constitutional right to abortion. Drawing on Van Leeuwen’s legitimation framework and Labov’s model of narrative structure, this study focuses on how justices (de)legitimate abortion rights in contrasting narratives in Dobbs through authorization, moral evaluation, rationalization, and mythopoesis. Specifically, we propose a theoretical model of judicial narrative strata to deconstruct the language of justices and explain how judicial narratives set boundaries between two different moral economies around abortion and realize the transformation of a conceived right into a punishable crime. Furthermore, this study suggests that in the post-Dobbs era, the justices’ narrative reconfiguration of moral boundaries may turn into social boundaries and trigger more gender segregation, which might also have theoretical and practical implications for legislation and judicial practices in other jurisdictions.

Killer Corporations: Changing Student Attitudes on Corporate Crime Using an In-Class Exercise

The purpose of this paper is to share a teaching exercise on corporate deviance and an assessment of its effectiveness. A pre/posttest survey was utilized to investigate the impact of the exercise on student attitudes concerning corporate deviance. In particular, the project was intended to teach students about the serious nature of corporate crimes. While Americans think corporate crime is a serious issue, they tend to resist giving harsh penalties to corporate criminals. This exercise illustrated that even when corporations commit serial murder, they often get light punishments compared to those individuals who have committed similar crimes. Ultimately, the purpose of the exercise was to illustrate the disparity in punishment for similar crimes. The assessment of the exercise indicated support for our hypotheses. There was an increase in the percentage of students that think corporate deviance should be treated more similarly to street crime from the pre to the posttest.

The Impact of The Application of The Death Penalty on Reducing Crime Rates: Legal and Criminological Perspectives

The application of the death penalty as a punishment for severe crimes has long been a controversial topic in legal and criminological discourse. This article explores the impact of the death penalty's application on reducing crime rates from two main perspectives: law and criminology. This study uses a qualitative approach with in-depth literature analysis of death penalty policies in various countries, as well as empirical data on crime trends before and after the implementation of the death penalty. From a legal perspective, this article examines how the death penalty is justified as the most extreme tool of law enforcement and how it is integrated within the existing legal framework in several jurisdictions. From a criminological point of view, this article examines theories and research that evaluate the effectiveness of the death penalty as a determinant against crime. The analysis includes a study of the psychological effects of the death penalty on potential offenders, as well as a statistical evaluation of the correlation between the death penalty and a decrease in crime rates. The results of the analysis show that although there is some evidence to support the effectiveness of the death penalty as a crime deterrent, this evidence is often inconclusive and influenced by many contextual factors. In addition, we found that the application of the death penalty usually carries significant ethical and social implications, which can limit its effectiveness and acceptance in society. This article concludes with a discussion of the policy implications of these findings. It provides recommendations for law enforcement and policymakers in balancing crime prevention goals with the principles of justice and human rights. We also call for the need for more holistic research to fully understand the impact of the death penalty on crime levels.

Why should we punish and how? The role of moral intuitions and personal worldviews for punitiveness and sentencing preferences

ABSTRACT This research investigated the role of moral foundations and broader worldviews in judgments about why and how criminal offenders should be punished. In Study 1, Swedish law students (N = 103) and social science students (N = 130) evaluated how harsh the punishment for crimes that varied across three crime categories and five contexts should be. In Study 2, Swedish adults (N = 161) evaluated eight sentencing goals and thirteen sentencing methods. Humanism and individualizing intuitions were associated with higher punitiveness for crimes that involved a selfish motive or harm inflicted upon the victim and with increased focus on rehabilitation and counseling. Normativism and binding intuitions were associated with higher punitiveness when the damage was primarily material, less leniency when there were mitigating circumstances, and more focus on retribution, deterrence, restoration, incapacitation, denunciation, and imprisonment. The moral foundations predicted preferences concerning sentence goals and methods better while the worldviews predicted punitiveness better. The results show that we need to take both people’s moral foundations and their broader worldviews into consideration to understand why and how they think criminals should be punished.

An Experimental Investigation Examining the Impact of Medical Association Statements about Drug Addiction on Perceptions of Criminal Culpability and Punishment

This study examined whether public opinion on drug addiction, perceived culpability/responsibility, and punishment were impacted by statements from medical associations that drug addiction is a disease and not a choice. We utilized an experimental information provision survey distributed via Qualtrics to heads of household in South Carolina with an associated email address. The randomized treatment variable had two conditions. The first condition presented participants with a statement from several noteworthy medical associations/institutions noting that drug addiction is a disease. The second condition provided no statement (control condition). Results from our sample of over 5000 indicated that a large majority of respondents felt that individuals who have been diagnosed with a drug addiction should be fully responsible for any crimes that they commit. The presentation of official statements that addiction was a disease did not produce meaningful differences from the control group. Additionally, a large majority of respondents did not agree that addiction should relieve a defendant from punishment for drug crimes, theft crimes, or violent crimes. Here again, the presentation of official statements that addiction was a disease did not produce meaningful differences from the control groups. Finally, our results indicated that a majority of respondents viewed addiction as both a choice and disease, and the presentation of official statements that addiction was a disease did not meaningfully alter any responses.

په اسلامي فقه او د افغانستان جزا کُد کې د متعددو جرمونو د جزاګانو تداخل

It has been recognized in Islamic law and statutory laws that the penalties for different crimes overlap. Punishing the perpetrator of multiple crimes for a crime is considered an overlap in punishments. This research aims to apply the punishment on the criminal in the case of several crimes, as it shows the supremacy of Islamic law and its leniency towards its followers and criminals. The necessity of this research is that the intersection of punishments clarifies the aspects of pardon and facilitation in Islamic law for people who do not know the truth of Sharia law, as well as the provisions of Islamic jurisprudence in the Afghan penal code. The provisions are intended to clarify the agreement. In this research, an analytical and descriptive research strategy was chosen, and the writings of contemporary and previous jurists were studied. The jurists mentioned the intersection of punishments in their writings. The results of this study show that according to Islamic jurists and the provisions of the Afghan Penal Code, it is possible to determine punishment for several crimes, and several crimes are considered as one crime. The results of this research show that according to Islamic jurists and the provisions of the Afghan Penal Code, it is possible to determine punishment for several crimes, and several crimes are considered as one crime. If the mentioned cases differ, the penalties will not overlap.

All Roads Lead to Rome Combating Impunity for Perpetration of Slave Trade and Slavery Crimes

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo's Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise in a similar fashion the Draft articles. The Rome Statute creates a wide impunity gap by omitting the slave trade entirely as a war crime and crime against humanity and by including only those conflict-related slavery acts that include causing someone to engage in an act of a sexual nature. Specifically, the Rome Statute does not enumerate the slave trade or slavery under Article 8 as war crimes. It does not define the slave trade within the crime of enslavement under Article 7(g) as a crime against humanity or explicitly enumerate the slave trade within the context of a widespread or systematic attack against a civilian population. War crimes conduct is not captured fully or explicitly under ICC jurisdiction because the Rome Statute sanctions only persons exercising powers attaching to the rights of ownership who also cause that person to engage in an act of a sexual nature. Crimes against humanity conduct also escapes legal sanction when perpetrators transport or otherwise engage in any slave trade acts without exercising powers attaching to the right of ownership over a person. Furthermore, the Rome Statute's bifurcation of enslavement and sexual slavery lead to non-factual, incomplete, and discriminatory results. Sexual slavery is enslavement; its separate enumeration as a crime against humanity has required some victims to prove additionally that they were caused to engage in an act of a sexual nature in violation of non-discrimination and others' slavery harms to escape legal characterization altogether.

II. Loi de Beaumont 1182

Summary The Law of Beaumont, established by a charter issued in 1182, was granted over a period of about 150 years for up to 700 villages in present-day France, Belgium, Luxembourg and Germany. It seemingly was to provide incentives to settle or stay in such villages. Based on an analysis of the Latin text (provided with a German translation) the paper questions that the focus of the charter was accurately described in older literature and common handbook entries. In those, the impression is given that the focus was on liberation from serfdom, tax relief and municipal self-government. The paper concludes that a high degree of self-government was indeed an outstanding feature, although it remains unclear whether the citizens originally had the right to elect mayor and jurors. Particularly favourable tax burdens could not be substantiated. There is no mentioning at all of any liberation from serfdom and burdens associated with it. The focus of the charter is on a precise definition of tax burdens and of penalties for crimes and their distribution, and on rules of legal process. Legal certainty in these regards must have been the core of its attractiveness both for citizens and lords and explain its popularity.

PUNISHMENT FOR INDIVIDUALS COMMITTING SEXUAL CRIMES AGAINST CHILDREN: A COMPARATIVE ANALYSIS OF POSITIVE AND TRADITIONAL CRIMINAL LAW IN INDONESIA

The current punishment for sexual crimes against children, limited to imprisonment, is deemed ineffective in deterring perpetrators. This article delves into this issue through the lens of positive and customary criminal law. Employing a doctrinal method and drawing from various legal sources, the article reveals that the existing punishment under the Indonesian Criminal Code and Child Protection Laws fails to significantly reduce the incidence of such crimes. As a potential solution, traditional law could serve as supplementary punishment, involving corporal punishment or fines payable to the state treasury. This suggests that customary law could complement judicial sanctions. However, the implementation of such additional measures warrants evaluation to address other environmental factors that may contribute to these crimes.

ШЛЯХИ ВДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ВИКОНАННЯ СУДОВИХ РІШЕНЬ ЩОДО ЗАСУДЖЕНИХ У МІСЦЯХ НЕСВОБОДИ

The article states that the Russian-Ukrainian war had a profound impact on important state decisions regarding the reform of the criminal justice system and its transformation into a penitentiary system. This was especially evident with the opening of new correctional colonies for prisoners of war of the Russian Federation and the serving of punishment for war crimes as servicemen of the armed forces of the Russian Federation and collaborators among citizens of Ukraine. The improvement of legal and regulatory enforcement of court decisions regarding convicts in places of imprisonment is determined by the need to revise the existing legal and regulatory framework, with the aim of bringing it into line with the new needs of the socio-economic and political-legal development of Ukraine. It is noted that the following problems have been identified in the practical sphere of bodies and institutions for the execution of punishments in terms of the execution of court decisions regarding convicts in places of imprisonment: a) the execution of court decisions by prison personnel is complicated by the fact that the bodies and institutions for the execution of punishments receive court decisions on various categories of convicts: first-time convicts, previously convicted, women, men, minors, and therefore their reception has its own peculiarities; b) description of the mechanism of execution of court decisions by the staff of places of imprisonment in the precedent practice of the Supreme Court and its analysis in terms of harmonization with national legislation and the practice of the ECHR; c) ensuring the correct interpretation of the mechanism of execution of court decisions by the staff of places of imprisonment and developing the necessary legislative initiatives on this basis; d) working out the mechanisms for the execution of court decisions by the staff of places of imprisonment by improving the criminal-executive legislation, taking into account the content of its reformatory changes, introduced amendments, prescriptions of the Constitutional Court of Ukraine, provisions of international legal acts, decisions of the ECHR and the precedent practice of the Supreme Court, which are often in the situation dynamic changes and incomplete systematization. The solution to these problems requires the Ministry of Justice of Ukraine to introduce legislative amendments to improve the current criminal-executive legislation, corrections to the functioning of the criminal-executive system, cooperation with state and non-state organizations as part of the proper execution of court decisions regarding convicts in places of imprisonment. Our analysis of the source base of the research proved the need to develop an effective concept of execution of court decisions regarding convicts in Ukraine, as various difficulties arise in practice, the causes of which are both the imperfection of domestic legislation and the reluctance of the staff of the penal institutions to comply with them. The need to introduce changes and additions to the Criminal Procedure Code of Ukraine and the current legal acts of the Ministry of Justice of Ukraine regarding the improvement of the proper execution of court decisions regarding convicts in Ukraine is substantiated. Key words: improvement, execution, court decision, convict, places of imprisonment.

Basics of Imposing Punishment in the Form of Compulsory Community Service and Their Improvement

In this article, the author discusses the legal basis of imposing a sentence in the form of mandatory community service, the criminal law norms of this type of punishment, in particular the imposition of a lighter sentence, the imposition of a punishment when the guilty person is actually remorseful for his actions, the imposition of punishment for incomplete and complicit crimes, the commission of several crimes Aspects related to the manner in which the norms can be applied, such as the imposition of punishment for several convictions, have been thoroughly analyzed. At the same time, the author put forward his proposals for the improvement of norms related to the imposition of mandatory community service punishment and its execution.

Crime Prevention, Support or Punishment? Introducing an Ambiguous System of Youth Justice in Denmark

International research on youth justice systems has highlighted diversion as a key element in early crime prevention and deterrence. In Denmark, a youth justice reform was introduced in 2019 that restructured how the justice system responds to children and youths who are suspected or convicted of a crime. With the introduction of a Youth Crime Board (YCB) and a Youth Probation Service (YPS), the new reform aims to increase the speed and intensity of system responses to offences committed by children and youths. Based on legislation, policy papers, hearings on the new reform and the first evaluations of the reform, we analyse three key elements: the YCB, the sanctions and the YPS. We find that the 2019 youth justice reform constitutes an ambiguous system of youth justice with elements of diversion and punishment, and we argue that the reform integrates punitive elements into the delivery of treatment and support.

Policy Forum: Using Retributive Justice To Ensure Public Trust in Canada's Tax System

To ensure public trust in the tax system, retributive justice must be present. That is, tax offenders must be held accountable for their unethical behaviour and punished in accordance with tax laws. In this article, the authors first summarize recent academic research about the deterrent effect of knowledge of others' tax-crime punishments. They classify this research into two categories: archival "naming-and-shaming" research and experimental tax ethics research. Next, they report the results of a survey of adult Canadian taxpayers in which they assess the perceived severity of tax-crime punishments. They compare these survey results with aggregate tax-crime punishment data in Canada and show that there is an expectations gap between what Canadians believe constitutes appropriate punishment for tax crimes and actual punishments. Finally, the authors discuss enforcement and other challenges for tax authorities in bringing about retributive justice, and consider other ways in which tax authorities might make tax offenders accountable for their crimes. Their ultimate suggestion is that the Canada Revenue Agency needs to increase its perceived power by increasing the frequency of actual prosecutions for tax evasion. Recent proposals for reform of the general anti-avoidance rule may lead to more prosecutions.