Period Of Punishment Research Articles

Don’t Look Back in Anger: Cooperation Despite Conflicting Historical Narratives

States in conflict often have divergent interpretations of the past. They blame each other for starting the conflict and view their own actions as justified retaliation, which makes them reluctant to cooperate. This phenomenon, while common in international relations, is not well understood by existing formal theories of cooperation. In the context of the Repeated Prisoner’s Dilemma framework, we show that strategies that demand atonement for past misdeeds are outperformed by strategies that do not. The latter are able to get out of retaliatory cycles and return to cooperation more quickly when there are divergent perceptions of the past. We conclude with a case study of Chinese and U.S. responses to the Tiananmen protests of 1989. China and the United States strongly disagree about the cause of the Tiananmen uprising and the legitimacy of the Chinese response, but nevertheless returned to cooperation after a limited period of mutual punishment.

Behavioral domains in compulsive rats: implications for understanding compulsive spectrum disorders.

Compulsive behavior has been proposed as a transdiagnostic trait observed in different neuropsychiatric disorders, such as obsessive-compulsive disorder, autism, and schizophrenia. Research Domain Criteria (RDoC) strategy could help to disentangle the neuropsychological basis of compulsivity for developing new therapeutic and preventive approaches. In preclinical research, the selection of high-drinker (HD) vs. low-drinker (LD) animals by schedule-induced polydipsia (SIP) is considered a putative model of compulsivity, which includes a well-differentiated behavioral pattern. The purpose of this research was to assess the cognitive control and the negative valence system domains in a phenotype of compulsive HD rats. After the selection of animals as HD or LD, we assessed behavioral inflexibility by probabilistic spatial reversal learning (PSRL), motor and cognitive impulsivity by variable delay-to-signal (VDS), and risky decision-making by rodent gambling task (rGT). HD rats performed fewer reversals and showed less probability of pressing the same lever that was previously reinforced on PSRL, more premature responses after the exposure to longer delays on VDS, and more disadvantageous risky choices on rGT. Moreover, HD animals performed more perseverative responses under the punishment period on rGT. These results highlight that HD compulsive phenotype exhibits behavioral inflexibility, insensitivity to positive feedback, waiting impulsivity, risky decision-making, and frustrative non-reward responsiveness. Moreover, these findings demonstrate the importance of mapping different behavioral domains to prevent, treat, and diagnose compulsive spectrum disorders correctly.

Comparative legal analysis of the experience of Ukraine and Hungary in the context of component systems of institutional ensuring the external functions of the states

The comparative legal analysis of the experience of different states, in this case of Ukraine and Hungary, has even greater interest and novelty in the scientific field due to its lack of research, which makes this article an even greater contribution to science. Examining the sector, we can note the peculiarities of the modern state, which find their embodiment in the modification of the functions of the state. The development of theories of functions gives us the opportunity to forecast a specific situation related to the transformation of the state or its individual institutions, the implementation of state policy. The question of the system of institutional support of external functions, as well as the question of power sources, renewal, and activity of external functions, is always a relevant issue for the scientific sphere, due to constant changes. A full-scale war in Ukraine causes huge human, economic and cultural losses. Life was divided into «before the war» and «in the war». All this pushes Ukraine to the starting point of reference, where after the end of this agony-propaganda «military operation» there will be a period of great reconstruction and punishment of the guilty within the framework of international law. The purpose of each state, its directions of functioning, success, neglect, and limits of implementation can be vividly considered today under the prism of its external functions. The issue of state functions remains one of the key issues in the theory and practice of state formation. They play an important role in the implementation of state policy, because without influencing this or that phenomenon of social relations, the state is unable to solve the tasks set before it and achieve the set goals. Comprehensive implementation of state policy is a guarantee of a peaceful and safe existence and further development of the entire society. This scientific article highlights several structural parts of the external function: Essence and social purpose; Areas of state activity; The main direction of the influence of the state and its final goal (object); The method, form, and principle of implementation of the external functions of the state and the relationship of practical activities with the goal (toward which the functions are directed). However, this part of the article analyzes the first two components - the essence and social purpose and directions of state activity.

Haven't they suffered enough? Time to exoneration following wrongful conviction of racially marginalized minority- vs. majority-group members

Studies on the criminal justice process up to the point of conviction show that defendants who belong to racially marginalized groups suffer a greater risk of being wrongfully convicted. However, little attention has been paid to the period after conviction. Applying multilevel analysis to data from the National Registry of Exonerations in the United States, we compare the length of the exoneration process for members of racially marginalized minority groups who are shown to have been wrongfully convicted compared with their counterparts from the white majority group. Our results indicate that exonerees from racially marginalized groups serve more time out of their sentence compared to those who are white. Further analysis shows that these differences exist only with respect to exonerees in Republican-controlled states. These findings suggest that not only are racially marginalized minorities wrongfully convicted at higher rates, as found in previous studies, but also that they suffer longer periods of unjustified punishment.

ФОРМИРОВАНИЕ ИСТОЧНИКОВ РЕЗЕРВНОЙ РАБОЧЕЙ СИЛЫ В РОССИИ ИЗ ЧИСЛА ОСУЖДЕННЫХ ЛИЦ

The purpose of the study is to determine the real size of the reserve of potential labor force that can be involved in the country's economy from among convicted; to consider the socio–demographic composition of convicts, periods of punishment in order to analyze motivation to work and to form stable labor relations during the period of serving a sentence and during social adaptation; to identify the existing economic, legislative and organizational restrictions for the widespread use of forced labor, as well as incentives for the involvement of convicted persons in socially useful work. The task is to determine the conditions for more effective use of the potential reserve labor force among convicted persons to partially compensate for the reduction of the labor force in the economy of the Russian Federation under the influence of demographic and migration factors. In the course of the study, systematic and comparative approaches, structural analysis, and methods of statistical information processing were used. The analysis of scientific literature, statistical data of the Federal Penitentiary Service of Russia (FSIN), the Judicial Department of the Supreme Court of the Russian Federation, State Statistics (Rosstat), and materials of the Ministry of Justice of the Russian Federation was carried out. One of the practical results of the study is the new approaches developed by the authors in the organization of the use of the labor of convicted persons in the framework of forced labor aimed at creating conditions for prolonged employment and a continuous system of social adaptation of convicts after serving sentences. Conclusions are drawn about the presence of barriers in the current system of organization of forced labor to increase the number of convicted persons who can be effectively involved in socially useful labor.

Models of institutional provision of external functions of Ukraine and Hungary in the context of constitutional and legal approaches to their expression

Purpose. The main goal of this scientific article is the issue of models of institutional support of external functions of Ukraine and Hungary in the context of constitutional and legal approaches to their separation. The issue of the external environment of Ukraine has been and is an urgent issue of all times. The external position of Ukraine during the times of different helmsmen for most of the history of independence was a place of throwing from the West to the East, or rather de jure the path to the West, de facto to the East. A full-scale war in Ukraine causes huge human, economic and cultural losses. Life was divided into "before the war" and "in the war". All this pushes Ukraine to the starting point of reference, where after the end of this agony-propaganda "military operation" there will be a period of great reconstruction and punishment of the guilty within the framework of international law. Method. The methodology involves the analysis of available scientific and theoretical materials and the formation of recommendations that meet the requirements of the time. Methods. Scientific knowledge is a complex and contradictory process and at the same time the highest level of cognitive activity. The methodology of scientific knowledge is a specific historical phenomenon. Philosophical methodology combines all general scientific methods into three large groups. The first includes: observation, comparison. To the second: idealization. To the third: analysis and synthesis, induction and deduction, abstraction, and modeling. In this article, we widely use all three groups of methods. In addition, we highlight the historical method of learning in the context of recalling the events of 2008 by Russia in relation to Georgia. Results. The purpose of each state, its directions of functioning, success, neglect, and limits of implementation can be vividly considered today under the prism of its external functions. The issue of state functions remains one of the key issues in the theory and practice of state formation. They play an important role in the implementation of state policy, because without influencing this or that phenomenon of social relations, the state is unable to solve the tasks set before it and achieve the set goals. Comprehensive implementation of state policy is a guarantee of a peaceful and safe existence and further development of the entire society. Research on the issue of distinguishing models of institutional support has not been studied in the territory of Ukraine and is not sufficiently researched in the territory of Hungary. In this scientific article, we try to consider models of institutional support under the prism of forms of implementation, which, in our opinion, adequately reveals the essence of legislative and theoretical approaches and distinguishes the practical inclination of such activities. In the theory of the state and law of both Ukraine and Hungary, there are different approaches to distinguishing approaches to forms of implementation, however, due to the relation to the republican type of both states, we find their similarities, which is quite convenient in the case of implementing experience, often at the stage of inculcating the borrowed experience. Scientific novelty. The modern world is currently experiencing difficult times in the conditions of global shifts and transformations, which entails a few consequences to which many states, as well as international law itself, are not adapted. Ukrainian scientific literature practically does not comprehensively investigate the issue of renewing international legal functioning, which is an extremely urgent issue both in general and for Ukraine in particular, which has embarked on the path of radically renewing its international functional wardrobe. That is why we conduct research in the context of models of institutional provision of external functions to develop the most relevant recommendations for updating the situation today. Practical significance. The results of this study can be the basis for further research in this theoretical and legal direction and during lectures and seminars on the disciplines "Theory and History of the State and Law" and "International Law".

Supervision and Observation for the Implementation of Court Decisions: A Case Study of Child Crime

This study aims to determine the role of the Supervisor and Observer Judge and to analyze the factors influencing the implementation of Court Decisions against child crimes in the Class IIA Penitentiary of Maros. This research uses empirical legal research methods. The primary data collection was carried out using a questionnaire, while the secondary data was collected using literature study techniques. The data obtained in this research is quantified using a quantitative descriptive analysis model, then described using a frequency distribution table for answer research purposes. The results show that the role of the Supervisor and Observer Judge is not limited to supervising and observing child convicts during their punishment period at the Penitentiary but also supervising and observing child convicts after they leave the Penitentiary or have finished their punishment period and return to society. Furthermore, three dominant factors influence the implementation of Court Decisions against child crimes in the Class IIA Penitentiary of Maros: the law enforcer factor, the facilities factor, and the community factor. Awareness of child convicts as a community factor has positively influenced the implementation of the Maros District Court Decision. Therefore, it is recommended for the Supervisor and Observer Judge to maximize their role. In this case, the role of the judge must supervise and observe the activities of child convicts and the role of Correctional Officers in implementing Court Decisions in the Class IIA Penitentiary of Maros. In addition, it is suggested to the Minister of Law and Human Rights make regulations regarding the proportion of the Supervisor and Observer Judge to the number of convicts in the Penitentiary so that the implementation of Court Decisions can run optimally in the future.

How civilian attitudes respond to the state’s violence: Lessons from the Israel–Gaza conflict

States, in their conflicts with militant groups embedded in civilian populations, often resort to policies of collective punishment to erode civilian support for the militants. We attempt to evaluate the efficacy of such policies in the context of the Gaza Strip, where Israel's blockade and military interventions, purportedly intended to erode support for Hamas, have inflicted hardship on the civilian population. We combine Palestinian public opinion data, Palestinian labor force surveys, and Palestinian fatalities data, to understand the relationship between exposure to Israeli policies and Palestinian support for militant factions. Our baseline strategy is a difference-in-differences specification that compares the gap in public opinion between the Gaza Strip and the West Bank during periods of intense punishment with the gap during periods when punishment is eased. Consistent with previous research, we find that Palestinian fatalities are associated with Palestinian support for more militant political factions. The effect is short-lived, however, dissipating after merely one quarter. Moreover, the blockade of Gaza itself appears to be only weakly associated with support for militant factions. Overall, we find little evidence to suggest that Israeli security policies toward the Gaza Strip have any substantial lasting effect on Gazan support for militant factions, neither deterring nor provoking them relative to their West Bank counterparts. Our findings therefore call into question the logic of Israel's continued security policies toward Gaza, while prompting a wider re-examination of the efficacy of deterrence strategies in other asymmetric conflicts.

Economic Freedom in the Period of Invisible Punishment: Occupational and Business Licensing Barriers That Restrict Access to Work for Those with Criminal Records

Economic Freedom in the Period of Invisible Punishment: Occupational and Business Licensing Barriers That Restrict Access to Work for Those with Criminal Records

Penegakan Hukum terhadap Penyalahgunaan Narkotika

Narcotics misappropriations have the bad impacts for nation generation continuance. The anticipation needs cooperation from all society elements, such as family, every education stages until universities and government must be united on narcotic. Prevention efforts in environment around them. The aims of this research are as follows: 1. To find out the steps which are applied by low enforcement in against narcotics misappropriation, 2. To find out and understand about doubt imposition which is did by the users of narcotics misappropriation. The law object source of this research is primary and secondary law object, the technique of accumulating is using document regristration method and recite the law regulations which are related to the problem and analysis by using descriptive qualitative.From the result of observation and researsech, the step that all of society element in narcotic prevention efforts in society environment, such as: 1. Promotive method, 2. Presentative method, 3. Repressive method, 4. Curative method, 5. Rehabilation. Criminal doubt is given for the narcotics addict who is walk on punishment period in jail, where as the action doubt is given for narcotics addict who become as a victim. Therapy and treatment will held as the rehabilition facilities.Government as policy taker is expected can formulate laws and regulations which are more binding in controlling and production of narcotics in Indonesia, and there is needs socialiscation and eludication about the impact of narcotics misappropriation.

Дифференциация условий отбывания наказания в виде лишения свободы в уголовно-исполнительном законодательстве России и Великобритании

Abstract. The article examines the main provisions of the penal legislation of Russia and Great Britain regarding the legal status of convicts serving a sentence of imprisonment. In particular, differences are noted in the scope of rights and legitimate interests, the implementation of which is permissible during the period of punishment. The basic norms of the criminal-executive legislation of Russia and Great Britain, which regulate the conditions of imprisonment, are the object of comparative legal analysis in this case. Key words: conditions of serving a sentence, imprisonment, penitentiary system, penal system.

The Wilderness Period without Generation Change: The Deuteronomic Portrait of Israel’s Forty-Year Journey

Abstract The Deuteronomic authors (D) include several references to the Israelites’ forty-year sojourn in the wilderness. Yet even where it can be shown that these writers depend upon source material for this tradition, they seek to recast its purpose, a process that also requires modification of particular story elements. Specifically, D transforms the extended wilderness sojourn from a period of punishment to one of preparation. In so doing, it eliminates the tradition of Israelite generation change during this time. Subsequent interpolations were introduced non-systematically into Deuteronomy in order to harmonize D’s views with those found elsewhere in the Pentateuch.

Analysis the Fulfilment of Physical and Psychological Needs of Convicted Criminal From An Islamic Law Perspective

This study discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and phsychological need of prisoners from Islamic law perspectives. This study used qualitative method with data collection techniques through observation, indepth-interviews and written material analysis. Data was analysed through data reduction, presentation, verification, and drawing conclusions. The results of the study show that obligatory livelihoods for husbands with prisoner status was fulfilled through the efforts made by inmates such as a business that is still moving and producing that can be used by the wife to meet needs. Less implemented, this is based on the still potential of prisoners to provide for their wives needs through the provision of relatives even though the fulfillment of the quality of living needs is not optimal. While the fulfillment of the psychological needs supported by inmates, namely giving love, education, and distribution of sexual desires, in the form of face-to-face and joking with his wife, while channeling sexual desires in the effort to fulfill the inner living is rarely done except for prisoners getting conditional leave (CL) ). The livelihood of the husband who is undergoing a period of punishment is not contrary to Islamic law, although on one hand the status remains as a family head who has obligations that must be fulfilled. Islam views this with three legal stipulations, the first is the obligation to make a living, the second is the obligation to earn a living and the third is the obligation to make a living fall.

A Resource Sharing Scheme for Intercell D2D Communication in Cellular Networks: A Repeated Game Theoretic Approach

Device-to-device (D2D) communication is an emerging IoT technology for improved performance of cellular networks in terms of aspects like spectral efficiency, battery lifetime, coverage range. The 5G cellular network is supposed to provide a perception of 99.999% network availability. One of the approaches to obtain it is by intercell D2D communication that eliminates the issue of unavailability of bandwidth between two users connected with different base stations (BSs). The interference mitigation is a key challenge while using licensed cellular spectrum for D2D links. It is seen that the resource allocation to the D2D links is a complex problem when D2D pairs are connected with different base stations. This paper presents a dynamic Resource-Block (RB) sharing scheme between the D2D users and cellular users in a multi-cell cellular network. Here a D2D user pair plays a Repeated Game with the nearby base stations in such a way that the players share a subset of their initial allotted resource to maximize their utility. The game is played by every intercell D2D player with the base stations simultaneously. We show that the punishment period of a deviating player may be reduced by invoking an additional penalty factor for its fast adherence. In addition, we also compute the optimal number of initial orthogonal RBs that is allocated to the D2D and the cellular users. Evaluation of our proposed scheme in comparison to few well known existing techniques shows a marked improvement in throughput of the overall system.

Medieval violence, the making of law and the historical present

This article considers how 12th- and 13th-century law codes constructed their relationship to the justice of the past. These codes did not copy past laws unthinkingly, but evaluated them, engaging in a discussion about the appropriate measure of punishment and violence. Medieval legal writing (from Frederick II’s Constitutions of Melfi to Andrew Horne’s Mirror of Justices, across both Roman law and canon law compilations) recognised the duty of the present to weigh up the utility of old laws. Contrary to common historiographical assumptions, medieval jurists had a subtle sense of the history and development of law, going as far as to suggest that history could be understood as defined by distinct periods of punishment; different levels of violence were appropriate to different eras. The article concludes by using Walter Benjamin’s Zur Kritik der Gewalt to evaluate how critiques of past legal violence could be used by medieval rulers as a means of demonstrating the righteousness of their own regime.

Smart system to create an optimal higher education environment using IDA and IOTs

ABSTRACTThe designed system described in this paper consists of five stages to solve one of the higher education environments using intelligent data analysis (IDA) and the Internet of things (IOTs). The main points of this system are (i) it reduces the time rate and effort wasted in taking daily attendance of students in each lecture. (ii) Increased accuracy in the administration reduces the need for human effort (i.e. the traditional way is the college university used a group of employees to enter the information manually for these systems, which increases the likelihood of errors). (iii) Increase the efficiency of teachers themselves because the lecture time now is set automatically from the moment he/she enters the lecture hall to the time he/she exits from it. (v) This integrated system is considered part of the e-government desired application in Iraq. (vi) Apply the decisions automatically against violator's students, where the name of the offending student (his/her) could pass own university system and thus prevent from entering the lecture for the period of punishment. The system is cheap and effective. Finally, the system is based on its private network consisting of 254 nodes and is secured by the encryption algorithm prepared in advance.

Post-release reforms for short prison sentences

Transforming Rehabilitation (TR) promised a ‘revolution’ in the way offenders are managed, providing a renewed focus on short sentence prisoners. The TR reforms extends mandatory post-release supervision and tailored through-the-gate resettlement provisions to a group that has predominantly faced a ‘history of neglect’ yet often present with the most acute needs within the criminal justice system. However, existing literature underlines that serving short sentences lacks ‘utility’ and can be counter-productive to facilitating effective rehabilitation. This article explores the purposes of providing post-release supervision for short sentences, firstly exploring a previous attempt to reform short sentences, the now defunct ‘Custody Plus’ within the 2003 Criminal Justice Act, and then the Offender Rehabilitation Act (ORA) 2014 within the TR reforms. This article contends that both post-release reforms have sought to re-affirm and re-legitimise prison as the dominant form of punishment in society – or what Carlen refers to as ‘carceral clawback’. This article will also use Cohen’s analysis on social control to establish that post-release supervision will serve to ‘widen the net’, extend the period of punishment and oversight and will only reinforce a form of enforced ‘state-obligated rehabilitation’ that will undermine efforts made to resettle short sentence prisoners.

Juvenile convicts and their colonial familial lives

Convicts were transported from Britain to Van Diemen’s Land from 1803 until 1853. Approximately 10 000–13 000 juveniles were among the 148 000 convicts transported. This article has traced the lives of female and male juvenile convicts transported, who were sentenced at the Old Bailey (the Central Criminal Court in London), and voyaged to Van Diemen’s Land. By exploring individual lives, and contextualising their experiences, it is possible to go beyond the circumstances of offending–through to their punishment period, to their lives upon release. This article will focus on one aspect of juvenile convict lives post-transportation–their familial life. The method of nominal record-linkage has been used across a variety of criminal and non-criminal records (including civil records and newspapers) in order to build up a picture of these young offenders. Going beyond the institution and focusing directly on female and male juveniles is important in understanding the lives of this unique group. From the behaviour of the juvenile convicts themselves, to the decisions of the administrators and the conditions of the penal colony into which they were thrust; were these female and male juvenile convicts able to form ‘settled’ colonial lives and which factors inhibited or facilitated this process?

Collusion et possibilité d’entrée en aval dans une industrie verticalement intégrée

L’article revisite la question de la soutenabilité d’une entente en présence d’une menace d’entrée dans un contexte où les firmes en place sont verticalement intégrées. Les entrants dépendent des firmes intégrées pour leurs approvisionnements. Alors que l’entrée laisse les profits de collusion inchangés, nous montrons que les profits de déviation sont également inchangés et que l’entrée abaisse les profits dans les périodes de punition. En ce sens, la possibilité d’entrée facilite la collusion entre les firmes intégrées. Classification JEL : D43, L13, L23, L40.

Public procurement with unverifiable quality: The case for discriminatory competitive procedures

Unverifiable quality may affect the enforcement of procurement contracts even when the award procedure is able to select the most efficient firm in the market. In this paper, we show that a discriminatory competitive mechanism – which awards the contract on the basis of price and (firms') past performance – yields an efficient allocation of the contract and allows the buyer to implement her desired quality. Quality enforcement arises out of relational contracting whereby the buyer ‘handicaps' a contractor in future competitive tendering processes if it fails to provide the required quality. We study an infinitely repeated procurement model with two firms and one buyer imperfectly informed on the firms' cost, in which, in each period, the buyer runs a discriminatory auction. We restrict our analysis to the case of a buyer committed to her handicapping strategy, a case which captures some of the features of a public buyer. When players use either grim trigger or stick-and-carrot strategies, we find that the buyer can induce the delivery of optimal (unverifiable) quality with a variety of handicap levels and, when applicable, durations of the punishment period; for some values of the handicap and the length of the punishment period, both firms remain active in the market even when punished.