Punishment Process Research Articles

Wergild, Compensation and Penance: The Monetary Logic of Early Medieval Conflict Resolution by Lukas Bothe, Stefan Esders and Han Nijdam

Reviewed by: Wergild, Compensation and Penance: The Monetary Logic of Early Medieval Conflict Resolution by Lukas Bothe, Stefan Esders and Han Nijdam Julian Calcagno Bothe, Lukas, Stefan Esders, and Han Nijdam, eds, Wergild, Compensation and Penance: The Monetary Logic of Early Medieval Conflict Resolution (Medieval Law and Its Practice, 31), Leiden/Boston, Brill, 2021; hardback; pp. 322; R.R.P. €143.00; ISBN 9789004466128. This volume is an edited collection of observations concerning a revitalization of the study of wergild and conflict settlement in medieval Europe. Interest in this area has peaked in recent decades and this book reflects that interest. This volume contains thirteen single-author chapters that set out to examine the role of compensation in different medieval legal systems. Though some attention is paid to the classical Roman period, in order to demonstrate possible efforts of continuity in the Germanic legal systems, the overall emphasis of this volume is skewed towards Anglo-Saxon England and Frankish and Carolingian France, with some emphasis on Frisian, Scandinavian, and other ‘Germanic-like’ sources. There is a great deal of dialogue between the chapters, with each author adding their own insights with respect to each other’s work. Indeed, this gives the volume a more insightful approach, as each author builds on the overall thesis that aims to uncover how a person’s worth was established in the medieval era and why monetary values were applied to resolve certain conflicts. The first three chapters are largely devoted to analysing the incentive behind wergild as a method of compensation. In doing so, the authors set out to unpack the structural approaches outlined in Germanic law codes such as the Sachsenspiegel, the leges barbarorum, and the Lex Frisionum. These studies are broad and investigate many law codes, yet they deliver a well-rounded preliminary [End Page 226] understanding of early medieval mentalities surrounding conflict resolution. The focus of these first few chapters appears to be on tracking down the transition from ancient Roman law to the beginnings of medieval statehood. It is argued that the phenomenon of wergild was ‘superior’ to models of conflict resolution, as payment would disincentivize kinship groups from getting involved in individual feuds (p. 10). However, as Stefan Esders quite rightly points out, the problem with quantifying human life in terms of monetary value is that ‘value’ is always abstract (p. 12). To understand this abstraction, many of the contributors in this volume refer to the idea of honour, albeit represented as an idea numerical in value. The theme of honour runs predominantly through most of the book and is well examined in Chapters 6 and 7. Overall, these studies deliver an enhanced appreciation of understanding why honour played a substantial role in the psychologization behind wergild utilized as payment to resolve conflict. The first half of the volume will appeal to those unfamiliar with Germanic law or early medieval mentalities concerning law and order. For those interested in a terminological analysis of wergild, then Chapters 4 and 5 will beguile the reader. Naturally, they are useful guides for examining links of continuity and similarity between the different Germanic law codes, most of which are examined in this book. The chapters that make up the second half of the volume are devoted to independent themes. The approaches delivered are less broad and focus on a specific area of law or a particular law code. Rob Meens’s chapter interestingly draws us away from what one may consider ‘secular’ law, as he focuses on penance and penitential practice. Recent scholarship has considered the likelihood that penance would have been part of the punishment process. Meens correctly draws our attention to the idea that many texts that include methods of penitential practice often circulated throughout early medieval Europe and were made to exact punishment from lawbreakers. Making peace with God and absolving oneself from sin was, therefore, arguably just as important as monetary compensation in the process of restoring conflict. It is here that Meens reminds us that there is always an uncertainty between what we consider secular law and ecclesiastical law (p. 233). Both were interrelated in the medieval period. To make a distinction between the two would be to...

An fMRI investigation of the intention-outcome interactions in second- and third-party punishment

Second-party punishment (SPP) and third-party punishment (TPP) are two basic forms of costly punishment that play an essential role in maintaining social orders. Despite scientific breakthroughs in understanding that costly punishment is driven by an integration of the wrongdoers' intention and the outcome of their actions, so far, few studies have compared the neurocognitive processes associated with the intention-outcome integration between SPP and TPP. Here, we combined economic exchange games measuring SPP and TPP with functional magnetic resonance imaging (fMRI) to compare the neuropsychological architectures underlying the intention-outcome integration during one-shot interactions with anonymous partners across four types of norm violations (no norm, accidental, attempted, and intentional violations). Our behavioral findings showed that third-parties punished only attempted norm violations less frequently than second-parties. Our neuroimaging findings revealed higher activities in the right temporoparietal junction (TPJ) and dorsolateral prefrontal cortex (dlPFC) for attempted norm violations during TPP relative to SPP; more activities in these regions with less punishment frequency; and enhancement of functional connectivity of the right TPJ with the right dlPFC and dorsomedial PFC. Our findings demonstrated specific psychological and neural mechanisms of intention-outcome interactions between SPP and TPP -helping to unravel the complex neurocognitive processes of costly punishment.

(Un)Becoming the Offender: Marginality in Punishment Processes, “Offender” as Permanent Identity

This article chronicles the invisible crisis in the Canadian criminal justice system that has come to rely upon critically marginalized populations in the composition of who is punished, and who is deemed punishable. Drawing on auto-ethnography, intersectionality and discourse analysis, and case studies, this article makes visible this process, from suspicion to parole, the filters which move people with more privilege away from an increasingly permanent offender identity and move people with more marginality towards it. These filters are termed “intersectional filtering points”: their disparate impact emphasized to illustrate how disadvantaged people become offenders. Fundamental neoliberal logics show how this crisis persists invisibly: marginalized people who become offenders are, therefore, seen as archetypal risk groups whose characters require regulating, undermining the widely held notion of a criminal justice system which impartially responds to illegal acts.

Juvenile court in the school-prison nexus: youth punishment, schooling and structures of inequality

ABSTRACT Influenced by Dr. Michael Leiber, a body of juvenile justice research explores how legal, extralegal and institutional decision-making factors racialize the process of punishment. While this scholarship has indirectly considered the role of school-related factors for unequal court outcomes, an interdisciplinary body of work explores the relationship between schooling and criminal justice institutions directly, often under the framework of the school-to-prison pipeline. Building on juvenile justice research, and departing from the pipeline framing, we utilize the analytic framework of the school-prison nexus – which theorizes schools and the criminal justice system as fundamentally and symbiotically linked – to examine the role of school referral source and school enrollment status on differential court outcomes. Our findings highlight the structural and institutional processes behind the relationship between school enrollment and incarceration, and have implications for the ways in which the nexus between schools and juvenile courts entrench broader systems of inequality.

Kontribusi Efikasi Diri dan Regulasi Diri Terhadap Pemaafan Diri Remaja yang Sedang Mengalami Masa Hukuman

The stigma of society in adolescents who experience the process of punishment makes the situation of teenagers worse off. This feeling of sinking occurs because teenagers have not been able to apply self-forgiveness to themselves, thus making themselves feel guilty, and ashamed of themselves. This feeling of shame and guilt occurs because of poor self-efficacy and lack of self-regulation in the teenager. So that self-efficacy and self-regulation are considered very important in bringing up self-forgiveness. This study aims to see how big the contribution of self-efficacy and self-regulation variables to self-forgiveness of adolescents who are undergoing punishment (n=36). Collecting data using a scale of self-regulation, self-efficacy and self-forgiveness then analyzed using regression techniques. The results of the study found that self-efficacy and self-regulation can significantly contribute to adolescent self-forgiveness, this is indicated by the value of f=5.285, probability p=0.01 (p<0.05), and an effective contribution of 24.3%.

Disciplinary Offenses and Punishments Related to Higher Education Students in Educational Law: On Some Problematics with Legal Principles

For all public officials serving within the public sphere and university students studying in higher education institutions with public legal personality, compliance with the law as regards their rights, responsibilities, duties or statuses is an indispensable requirement of public life. This requirement is framed by positive norms provisions. Actions and penalties for disciplinary offenses against higher education students fall within the subject boundaries of various law fields such as administrative, criminal, disciplinary and educational law. Therefore, the provisions of the legislation on higher education students' disciplinary offenses and penalties must be clearly stated on the basis of legal principles. Based on this necessity, this study attempts to shed light on the investigation and punishment processes executed as per the Higher Education Institutions Student Disciplinary Regulations, from the perspective of the legal provisions and principles involved.

PENEGAKAN HUKUMAN DISIPLIN BERAT BAGI PEGAWAI NEGERI SIPIL (PNS) DALAM PERSPEKTIF HUKUM KEPEGAWAIAN

Civil Servants (PNS) are prohibited from providing support to candidates for President and Vice President by engaging in campaign activities because this is a violation and can be severely disciplined. The purpose of writing this scientific paper is to determine the effectiveness of severe disciplinary penalties according to employment law, and to know the process of severe disciplinary penalties for Civil Servants (PNS).&#x0D; The author uses normative legal research methods with data collection techniques with literature study of legal materials through internet media. The data obtained in this legal research were analyzed using qualitative methods which were presented descriptively which would later obtain meanings and conclusions to answer the problem.&#x0D; The conclusions from the writing of this scientific work are: (1) The absence of effectiveness of severe disciplinary penalties according to the employment law which now applies to Civil Servants (PNS) because in reality, lawlessness continues to occur among Civil Servants (PNS) even though it has been given severe disciplinary punishment so that there must be firmer law enforcement that should be regulated in the employment law; (2) The process of severe disciplinary punishment for Civil Servants (PNS), among others: (a). Civil servants who commit disciplinary violations are examined by the Examining Team consisting of elements of supervision, staffing and direct superiors; (b). LHP is reported in a hierarchical way to officials who have the authority to punish; (c). Preparation and Issuance of Decree for the Dismissal of PNS Discipline by Officials who have the authority to punish; (d). After the issuance of the Decree, then the PNS Discipline SK is handed over to the concerned / Family / through electronic media (Postmark).

Resosialisasi di lembaga pemasyarakatan khusus anak

A child in conflict with the law is defined as a child who is undergoing a punishment process and is 12-18 years old and is not married. Based on data from the Directorate General of Corrections (Ditjen PAS) of the Ministry of Law and Human Rights in 2019, it was recorded that 56 cases of children had received court decisions. The purpose of this study was to determine the patterns of child growth and development and the factors that influence the development of children in the Penitentiary of West Kalimantan Province. This research is a qualitative research with research subjects are childrens at the Institute for Special Development for Children (LPKA). This research was conducted with structured interviews and observations of child prisoners in LPKA. Data analysis was carried out in the following stages, namely data reduction, data triangulation and data presentation and drawing conclusions/verification. The results found that the development of child prisoners in LPKA was not yet effective. The factors that influence child development are facilities, infrastructure and psychological aspects of the child.

The Reward and Punishment of the Civil Servants Apparatus In the Civil Service Police Unit and Wilayatul Hisbah Bener Meriah Regency

This study examines the provision of rewards and punishments to ASN. The research objective was to understand how the process and impact of reward and punishment for ASN in Satpol PP and WH Bener Meriah Regency. The theoretical perspective used is the theory of public organizations, reward, and punishment, and the state civil apparatus. The research method used is qualitative. The results showed that the process of giving rewards and punishments was carried out in three stages: ASN inventory, priority scale creation, and decision making. The positive impact of giving rewards and punishments for ASNs in the Satpol PP and WH Office of Bener Meriah Regency is to increase work motivation and can help develop careers for ASNs. Whereas punishment has a positive impact on ASNs as a deterrent effect from repeating violations of duty and can improve their behavior at work which is then able to improve their performance in the future. The negative impact did not change the attitude/behavior of ASNs who were given punishment because they were annoyed at getting punished, or it could be said that ASN was not deterred by the actions of giving punishment by the leaders of Satpol PP and WH in Bener Meriah Regency.

“And you will wait …”: Carceral transportation in electronic monitoring as part of the punishment process

Electronic monitoring, often accompanied with house arrest, is used extensively across the United States as a means of pretrial supervision and as a condition of probation and parole. In this article, we bridge the literatures of procedural punishment and carceral geography to detail how this previously understudied process of transport from jail to electronic monitoring serves not just as a necessary bureaucratic process, but as a key moment of punishment and power. Utilizing in-depth interviews with 60 people who were currently or recently on EM in Cook County, IL, we argue that this moment of transport is itself a punitive experience. We find that sheriff’s officers involved in the transport process punish individuals through the manipulation of time and space, verbal threats, and infantilization. This punishment in transport instills a subjugated status that sets the tone for the EM experience, aiding in reinforcing the home as the new carceral space.

PENOLOGI PENGAYOMAN

This study aims to analyze the punishment pattern in the national penal system. This is a consequence of the involvement of science in the penal concept in Indonesia with a focus of research to understand the role of science in addressing the challenges related to policymaking, fostering treatment, as well as prisoner guidance which is carried out by the technical implementation unit (UPT) within the Directorate General of Corrections. Based on the analysis, the method used in this paper is juridical normative with positive legal approaches and descriptive-analytical research. The discussion in this paper states that punishment pattern in Indonesia refers to the principle of protection that functions in providing a sense of security for all parties both perpetrators of crime, victims and especially the community. The principle of punishment in the protection always seeks to see the success of a pattern of treatment within the framework of behavioral change of a person's criminality before the reintegration into society. Leadership and power of correctional institutions in the concept of aegis penology are oriented to the creation of productive and democratic spaces. The success of leadership in a punishment process is also determined by the transparency of the discourses. The presence of science in treatment and guidance aims to prevent fallacy such as a tendency in the generalization of different prisoner characters in the correctional process. Besides, the presence of knowledge in the guidance determines the pattern and appropriate treatment to correctional clients.

The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.

El amotinamiento de las legiones romanas en Panonia y Germania. Culpa y perdón

This article explores the mutiny of the Roman legions in Panonia and Germania, not from a historiographical point of view but psychological, ethical and political. In the course from the rise of the rebellion to its final suffocation we find individuals who, in a deliberate, rational, and organized way, claim their rights with increasing violence. When the Roman authorities try to put an end to the rebellion they soon provoke a sense of guilt in the rebels that leads many of them to abandon the revolt and to reaccept the authority previously contested. The feeling of guilt, however, does not end there and the rebels’ need for forgiveness leads to a process of repentance, punishment, and revenge against their former comrades and against themselves until their final expiation on the battlefield, that is, until they compromise their honour. Honour allows politics to achieve what ethics could not: to bring peace to the conscience of the old rebels. However, the new situation puts a price: innocence is not possible in the world of men, but the moral tearing, even perverse and truculent at times, is part of their identity.

Néhány gondolat a kábítószer-problémás egyének önkéntes eltereléséről orvosi szemmel

A dolgozat a büntetés helyett a kezeléselv (elterelés) egy speciális szegmensének, az úgynevezett önként vállalt elterelésnek a jövendő kezelés szempontjából – két esetet részleteiben is bemutatva – tekinti át az eljáró hatóság és az egészségügyi szolgáltatók eltérő hozzáállásának negatív terápiás hatásait. Az elterelés jogi fogalom, de végrehajtása gyakran az egészségügyi ellátók feladata, ezért az ő szempontjaik figyelembevétele fontos. Orvosi szempontból kritikus elem az önkéntes elterelést illetően többek között, és különösen, a különböző addikciós hátterű kliensek ellátási igény szerinti differenciálásának, illetve a kezelés tartalmának egyértelmű, az egészségügyi igényekhez illeszkedő protokollszintű meghatározásának hiánya, és kiemelten az elterelésre kötelezettek csekély motivációja. Ezért sem közömbös, hogy a hatósági eljárás mennyire szakszerű és milyen reakciókat vált ki a kliensből. E tekintetben a hatósági munka meglehetős egyenetlenségeket mutat. Ezért a tanulmány felveti annak igényét, hogy az önként vállalt elterelés elindításához jól dokumentált hatósági határozatra legyen szükség.

The Impact of Callous-Unemotional Traits and Externalizing Tendencies on Neural Responsivity to Reward and Punishment in Healthy Adolescents.

Both externalizing behavior and callous-unemotional (CU) traits in youth are precursors to later criminal offending in adulthood. It is posited that disruptions in reward and punishment processes may engender problematic behavior, such that CU traits and externalizing behavior may be linked to a dominant reward response style (e.g., heightened responsivity to rewards) and deficient punishment-processing. However, prior research has generated mixed findings and work examining both the sole and joint contribution of CU traits and externalizing problems related to functional brain alterations is lacking. In this pilot functional magnetic resonance imaging study, we measured externalizing behavior and CU traits in a community sample of adolescents (n = 29) and examined their impacts on brain activity associated with anticipation and receipt of reward and punishment using the Modified Monetary Incentive Delay task. We found that CU traits were associated with greater activation of the ventral striatum (VST) during reward anticipation. However, this effect became non-significant after controlling for externalizing behavior, indicating substantial overlap between the CU and externalizing measures in explaining VST activation when anticipating reward. In addition, externalizing behavior (but not CU) was significantly negatively associated with amygdala activation during punishment receipt, even after controlling for CU traits. The present findings extend previous evidence of hyper-responsivity to reward and hypo-responsivity to punishment in relation to psychopathic traits and antisocial behavior to non-clinical, non-incarcerated youths.

Neuromoral Theory - A new Lombrosionism supported by the recent findings of neuroscience

Cesare Lombroso's theory had a great impact at the end of the nineteenth century, but in the face of its evident reductionism, soon fell into disrepute. In the last two decades, however, in-depth studies in neuroscience have provided evidence of genetic or congenital predispositions to crime. Likewise, it is reported emblematic cases of individuals who throughout social life have had socially adequate behavior and who, due to brain lesions or tumors, have developed impulses that have led them to commit barbarous crimes. The many studies cited point out to abnormalities in the pre-frontal cortex region of the brain. The neuromoral theory is presented in its solid scientific structure, theoretical bases and conclusions, contrasting it with the statements made by Lombroso, which will reveal surprising coincidence in the findings, despite the theoretical references, methodology and fundamentals being completely different. The assumptions and assertions are then placed in the light of the long-time continuous discussion amid the philosophical perspective of determinists and libertarians and the necessary consequences that will fall upon criminal policy. At the end, the repercussions and alternatives for the imputation process of responsibilities, punishment and rehabilitation are discussed.

RESTORATIVE JUSTICE APPROACH IN THE SETTLEMENT OF CHILDREN’S CASES IN INDONESIA

Restorative justice is a way to resolve criminal cases involving the community, victims, and perpetrators of crime to achieve justice for all parties so that it is expected to create the same conditions as before the crime and prevent further crime. However, implementation is often overlooked in children who commit crimes. The research method used in this study is the normative legal research method with the legislation approach and conceptual approach. This research shows the case of children before the law (ABH) brought in the judicial process must always prioritize the principle of the best interests of children, and the process of punishment is a last resort. Cases can be resolved through informal mechanisms based on standard guidelines. This form of informal handling can be done by diversion through a mediation process facilitated by law enforcement at every level to achieve restorative justice through diversion. Thus, the core of restorative justice is healing, moral learning, community participation and attention, dialogue, forgiveness, responsibility and making changes, all of which are guidelines for the recovery process in the perspective of restorative justice.

학생 운동선수의 체벌 경험과 대처과정에 대한 이론적 상황 모형

학생 운동선수의 체벌 경험과 대처과정에 대한 이론적 상황 모형

Trials and Tribulations: The Trial Tax and the Process of Punishment

AbstractThe jury trial has long been a keystone of the American criminal justice system. Few defendants exercise their right to trial, however, and those who do tend to receive significantly harshe...

Remand as a Cross-Institutional System: Examining the Process of Punishment before Conviction

Remand as a Cross-Institutional System: Examining the Process of Punishment before Conviction