Punishment Policy Research Articles

الملائمة القضائية للعقوبة “دراسة تحليلية مقارنة”

العقوبة في إطار التشريع الجزائي لاتحقق معنى العدالة مالم يقم القاضي بتحقق ملائمة بين مقدار العقوبة و درجة ايلامها وبين مختلف ظروف وملابسات القضية المعروضة امامه، فاتلملائمة القضائية هي اداة ينقل من خلالها القاضي العقوبة من قالبها التشريعي المجرد الى قالب واقعي محدد. فمن مفترضات الملائمة في مجال سياسة العقاب اجتماع صفتي الشرعية والقضائية في العقوبة التي تنفذ في حق المحكوم عليه ، فالعقوبة لن تكون عادلة ما لم تكن محددة مسبقاً من قبل المشرع وموقعة بحكم صادر من القضاء.ومن هذا المنطلق فن السياسة الجنائية الرشيدة والعقلانية ينبغي أن تراعي ترك مساحة للقاضي الجنائي يستخدم فيها سلطة التقديرية في تقدير العقوبة ، فالعقوبة لا تحقق معنى العدالة إلا إذا كانت متلاىمة مع الجريمة.

ANCAMAN PIDANA MATI TERHADAP PEMBERANTASAN TINDAK PIDANA KORUPSI

This research aims to determine the policy on the formulation of the death penalty against the eradication of corruption and to find out the obstacles and solutions in implementing the death penalty against the eradication of corruption based on the applicable laws in Indonesia. This research method uses an empirical juridical approach. Based on the research findings, it is known that the capital punishment policy can be interpreted as a special maximum criminal sanction in which the level of implementation in Indonesia is difficult to apply because so far capital punishment still reaps pros and cons in its imposition in various criminal cases. no exception in the criminal case of corruption. There are several weaknesses and obstacles in the application of the death penalty in the eradication of the criminal act of corruption, one of which is the death penalty as a burden is only punishable for certain criminal acts of corruption and is not aimed at all forms of corruption. In certain circumstances the most likely juridical reason to occur is in the form of a recidive crime, however it does not contain any rules or definitions (recidive) even though repetition is a juridical technical term.

JEDDAH WOMEN PRISON

This project examines the Saudi's society concern of humanity. “Jeddah Women Prison” represents one of the most important projects that would serve females who are physically confined and, usually deprived of a range of personal freedoms. The proposal will apply modern philosophies of punishment and reform through its various services. It is to be a complex of housing facilities, educational facilities, vocational training, health care facilities, and social services that characterize a modern prison. The site of the project is evaluated including the location, climate and natural factors, accessibility and circulation, landmarks and views, and size. The goal of this project is to develop an alternatives for the existing situation by making plans and dedicating efforts to establish a modern prison for females, provided with all the fundamentals of a civilized Islamic modern life, a facility chat is consistent with the broad lines, the modern policy of punishment as well as respecting human dignity and ensure not deprive prisoners of their self-confidence and self-esteem.

The challenge of heritability: genetic determinants of beliefs and their implications

ABSTRACT Ethical and political attitudes are not randomly distributed in a population. Attitudes of family members, for example, tend to be more similar than those of a random sample of the same size. In the fields of social psychology and political science, the historically standard explanation for these attitude distribution patterns was that social and political attitudes are (at least partially) a function of environmental factors like parental socialization and prevailing social norms. This received view is, however, complicated by more recent work in behavioral genetics, which consistently and repeatedly demonstrates that certain ethical and political attitudes dealing with issues like censorship, abortion, capital punishment, and immigration policy have a significant heritability coefficient, to wit, a substantial percentage of attitude variance in a population can be attributed to genetic variance, independent of environmental factors. In this paper, I argue that the genetic influence on our ethical and political attitudes is mediated by what we can agree to be irrelevant and distorting factors that can lead moral reasoning astray. Further, I argue that we should significantly lower our credences in ethical and political attitudes that fall within the domains of belief that involve significant genetic influence.

ANALISIS QUALITY ASSURANCE PENERAPAN KEBIJAKAN REWARD AND PUNISHMENT BERDASARKAN ASSESMENT TINGKAT KEPATUHAN

Standard Operating Procedure (SOP) for patient registration service at RSUD Dr. M. Ashari Pemalang is in force since 2016. Oversight is carried out in the hospital registration section (outpatient, inpatient, and emergency department) but not documented. This study aims to analyze quality assurance by implementing a reward and punishment policy based on compliance level assessment of inpatient registration service officers in the SOP for patient registration. This research type is descriptive study. Data collected by observation and interview methods. Research subjects were 2 inpatient registration service officers and the Head of the Medical Record Unit. The object of the study was the Standard Operating Procedure for inpatient registration at RSUD Dr. M. Ashari Pemalang. Data analyze using univariate with percentage and content analyze. Research results are RSUD Dr. M. Ashari Pemalang does not have an SOP for Inpatient Registration Services for BPJS patients. Facilities and infrastructure at Inpatient Registration Services are sufficient, but bracelets for baby patients are only available in the emergency room. Another inadequate tool is MNH written manually using white paper. The reward given is only in the form of thank you. Punishment for officers who are not obedient is verbally reprimanded, given input and guidance.

T-Coin: Dynamic Traffic Congestion Pricing System for the Internet of Vehicles in Smart Cities

Alleviating traffic congestion is one of the main challenges for the Internet of Vehicles (IoV) in smart cities. Many congestion pricing systems have been proposed recently. However, most of them focus on punishing the vehicles that use certain roads during peak hours, neglecting the proven fact that rewards can encourage drivers to follow the rules. Therefore, in this paper, we propose a new congestion pricing system based on reward and punishment policies for the IoV in a smart city environment, where the vehicles are rewarded for voluntarily choosing to take an alternative path to alleviate traffic congestion. The proposed system is implemented using vehicular ad hoc networks, which eliminate the need for installing a costly electronic toll collection system. We propose a new virtual currency called T-Coin (traffic coin), that is used to reward the vehicles for their positive attitude. T-Coin is also used in the tender between vehicles to manage the road reservation process. The proposed system uses dynamic pricing to adapt to peak-hour traffic congestion. Using simulated traffic on a real map of Beijing city, we prove the usefulness of T-Coin as a traffic congestion pricing system.

The Roles of School Principal Leadership in Developing English Teachers’ Creativities in Palu

This research is a descriptive qualitative that explaines and describes any pertinent things related to the school principal leadership and teachers’ creativities which occur now at the research spot. This study aims to investigate the roles of the school principal in encouraging, driving, and directing teachers to be creative in performing their works. Results indicated that in encouraging his teachers, the school principal: 1) provides conducive climate and condition by involving his teachers in designing school programs and by welcoming his teachers’ comments and arguments on any policies he applies or any decisions he takes; 2) introduces and assures his teachers that education paradigm has changed therefore the school should be managed as a business firm in the area of public services where the most thing that should be considered is how to satisfy customers; 3) informs clearly that in evaluating the staffs’ performances he applies reward and punishment policy; and 4) optimizes managerial functions especially in monitoring what happens in the classroom. In driving the teachers, the school primcipal should applies his or her policy and delegates several responsibilities and jobs to the right persons. In directing the teachers he or s lets his or staffs free to do their best.

Disciplianary System and Rewards for Prisoners of Penal Institutions in Jordanian and Comparative Legislation

يتمثل الغرض الأساسي لسلب الحرية وفق السياسة العقابية المعاصرة في تأهيل المحكوم عليه؛ وإعداده لأن يسلك السبيل القويم الذي يتفق مع أحكام القانون، ولا يتحقق ذلك إلا بفرض نظام تأديبي في المؤسسة العقابية على النحو الذي يكفل تطبيق أساليب التأهيل دون معوقات، وفي سبيل الوصول إلى ذلك لا بد من اللجوء إلى مجموعة من العقوبات التأديبية لفرضها على من يميلون إلى التمرد على نظام المؤسسة، وأن يتم تنفيذها بطرق إنسانية وبما يحفظ كرامة ومشاعر المحكوم عليه، وبما يتلاءم مع التطور الحديث الذي طرأ على سلب الحرية، وانعكس بدوره على النظام التأديبي في المؤسسة العقابية. وتدعيم النظام في المؤسسة العقابية لا يقتصر على فرض تلك العقوبات، فثمة وسيلة أخرى تتوسل فيها الإدارة العقابية لتدعيم هذا النظام أيضاً تتمثل في المكافآت التي تمنح لذوي السلوك الحسن من النزلاء، وقد بلغت شأناً من الأهمية أن نصّت عليها التشريعات المعاصرة، وهي تستهدف الغاية ذاتها التي تسعى إليها العقوبات التأديبية، بل وتتصل بها اتصالاً وثيقاً إلى الحد الذي يمكن اعتبارهما عنصرين في نظام واحد أضحى له دور هام في النظام العقابي الحديث.

Economic challenges of drug policy in Georgia

Purpose - Georgian drug policy in last dacades can be charachterized as a strong prohibitive policy. Application of restrictive sanctions are accompanied by imprisonment or monetary fines. Punishment policy is an economic incentive which aimes to reduce the level of drug use and the harm caused by it. In this paper, we examine how the drug market responds to restrictive policies. We analyze government supported incentives for 20 years and their impact on drug distribution. Our analysis shows that such a policy does not lead to the reduction in consumption. Baning certain types of drugs causes the demand to responds by switching to alternative substances. Thus in this article, we examine how the drug market responds to prohibitive policies and explain why there is no effect on the level of drug demand during observed period. Methodology - The article reviews the current situation on the Georgian drug market in light of the economic forces operating there. The work mainly uses review approach. It combines various research findings that have been done over the last 20 years. Changes in drug demand and supply are presented as economic models. Findings- Research findings show that drug circulation, like any other goods and services, is managed by the principles of economics and the market. In addition to the usual supply and demand that determines the price and quantity of drugs on the black market, it also responds instantly to incentives, including prohibitions and sanctions. Comparative analyses of the secondary data show decreased effectiveness of the Ministry of Internal Affairs while the incidence and prevalence of intravenous users are increasing. The decreased presure from the law enforcements may explain the increased demand on heroin and subotoxin, as well as on hallucinogens and new psychoactive substances in contemporary days. Conclusion- Drug policy in Georgia, which is based on prohibitive approach is ineffective. The volume of drugs available on the market is determined by the increasing demand in recent years. Steps to reduce supply are forcing suppliers and consumers to look for efficient and safe ways to meet their needs. Keywords: Illicit drugs, prohibition, drugpolicy, decriminalization, substances

Evaluation of Policies on Inappropriate Treatment of Dead Hogs from the Perspective of Loss Aversion.

Punishment policies on the inappropriate treatment of dead hogs play a key role in safeguarding public health and environmental protection. These policies aim to regulate the behavior of farmers and promote the development of sustainable agriculture. Farmers’ evaluation of a policy can be used to measure its effectiveness, and loss aversion is a factor that has been little studied. This study surveyed 404 hog farmers in China, and analyzed the factors that influenced their evaluation of the penalties for the inappropriate treatment of dead hogs during 2016 and 2017. We used three indicators for the evaluation of the penalties: the degree of necessity, implementation, and effectiveness. Special attention was paid to farmers’ aversion to financial penalties and police detention time, which was elicited using economic experiments. The results show that farmers are more likely to be averse to police detention time than financial penalties, and suggest that the level of each indicator needs to be increased. The results from an ordered Probit model show that there are both similarities and differences between the formation paths of the three indicators. An aversion to financial penalties will help to improve the degree of implementation. An aversion to police detention time will lead to a negative trend in the degree of effectiveness. An in-depth analysis of the factors that influence farmers’ evaluation of policies to punish inappropriate treatment of dead hogs may provide a basis for the design of government policies to improve environmental protection performance.

The Main Critical Risk in the Supply Chain of Component Automotive Industry: A Case Study

In automotive component company that produce electric components their supply activities have the opportunity to arise risks. Therefore, is necessary to identify and analyze critical risks or disturbances that are likely to arise and mitigate risks in operational activities in the component automotive supply chain. This research was conducted with using a house of risk model consisting of 2 phases. The first phase is identifying risk and agent risk, which then measure the severity and insurance level and calculate the aggregate risk priority (ARP) value. The second phase is handling risk. After doing research risk mitigations which were prioritized to be realized were review the current SOP and control the implementation, make punishment policy that does not to according to the SOP, maximize supervision to subordinates, discussions with customers for specific policy change in each issue, improve production and inventory control performance, arrange engine maintenance programs according to production capacity, discussion to review contracts with suppliers, strengthen implementation TQM in supplier and look forward to more long term potential supplier.

Symbolic Violence Towards Precarious Worker of E-Commerce Company of Transportation Services

This research is motivated by the lack of research on the symbolic violence that raised the precarious workers as their subjects. Most studies on symbolic violence that occur in organizations are focused on hierarchical organizations, where obviously dominant and dominated positions are already visible. The phenomenon of precarious workers in Indonesia is widely discussed in the various field of academic, especially the field of law that discusses the unavailability of laws governing online transportation business. The absence of such laws, then becomes a chance for online transportation companies to gain profit by abusing the interests of others (in this case, their partners). Precarious workers in the online transportation business are recruited with a partnership agreement, which should place their position equal to the e-commerce transportation company. But in reality, precarious workers are dominated by e-commerce transportation companies. This study aims to determine the symbolic violence received by precarious workers in the online transport business. This study used the concept of symbolic violence from Pierre Bourdieu, where symbolic violence is closely related to doxa, habitus, capital and arena. This research uses the paradigm of critical constructivism and is descriptive qualitative research. This study also used in-depth interviews of 4 informants as the data collection techniques. The results of this study indicate the occurrence of symbolic violence towards precarious worker in the cooperative relations (partnership agreement) with the e-commerce company in the form of bonus gains policy, tariff policy, and punishment policy. This study has identified the doxa, habitus, capital and arena that encourage symbolic violence towards precarious workers. This study also found that there are two types of precariat workers and differing acceptance of symbolic violence. The differences are influenced by factors such as gender and the motive of the precarious workers when they join the e-commerce company.

Reos, humillados y ofendidos. Nuevas aportaciones sobre los catedráticos de Bachillerato y la depuración franquista

Tomando como punto de partida una reciente tesis doctoral sobre la depuración de los catedráticos de Historia de la educación secundaria durante los primeros años de la dictadura franquista, en este artículo se hace un balance sobre las evaluaciones cuantitativas y cualitativas que tuvo la sistemática represión del profesorado y se presentan los avances historiográficos habidos en este tema así como el mejor conocimiento de la brutal lógica represiva del sistema político nacido de la Guerra Civil. Al mismo tiempo, se trata de defender una mirada que ponga más el acento en la comparación con otros cuerpos docentes y no docentes, de tal manera que en el futuro nos permita estimar sistemáticamente en su totalidad la dimensión numérica y cualitativa de la represión, pero también la racionalidad y múltiples paradojas de una política de castigo y terror ejercida sobre el profesorado y el conjunto de la sociedad española de la época.

Retracted: A Legacy of Lynchings: Perceived Black Criminal Threat Among Whites

This article examines the legacy of lynchings on contemporary whites' views of blacks as criminal threats. To this end, it draws on prior literature on racial animus to demonstrate the sustained influence of lynching on contemporary America. We hypothesize that one long-standing legacy of lynchings is its influence in shaping views about blacks as criminals and, in particular, as a group that poses a criminal threat to whites. In addition, we hypothesize that this effect will be greater among whites who live in areas in America where socioeconomic disadvantage and political conservatism are greater. Results of multilevel analyses of lynching and survey data on whites' views toward blacks support the hypotheses. In turn, they underscore the salience of understanding historical forces, including the legacy of lynchings that influence contemporary views of blacks, criminals, and punishment policies.

Criminological Research and the Death Penalty: Has Research by Criminologists Impacted Capital Punishment Practices?

At the request of the SCJA president this paper addresses five questions. Does criminological research make a difference relative to the death penalty? - If criminological research does make a difference, what is the nature of that difference? - What specific instances can one cite of research findings influencing death penalty policy decisions? Why hasn’t our research made more of a difference? What can we do, either in terms of directing our research or in terms of disseminating it, to facilitate it making a difference? Specific examples of research directly impacting policy are examined. The evidence presented suggests that research on capital punishment has had some impact on policy, but not nearly enough. There is still a high level of ignorance that has limited the impact of criminological research on death penalty policy. The proposed solution is to improve the education of the general public and decision makers in order to increase the impact of criminological research on capital punishment policy.

Moral concerns, criminal punishment, and whether offenders in general or individual offenders are being considered.

Public opinion can play a role in shaping punishment policies. A problem can arise, however, in that public opinion about appropriate punishments may vary depending on whether offenders in general or individual offenders are being considered. It has been argued that, for offenders in general, the public is concerned with protecting the social group at large, while for individual offenders, public attention is directed more toward the individual offender. However, this proposition has not been thoroughly tested. In 3 studies, participants rated their support for 3 punishment goals: proportional retribution, deterrence, and incapacitation. Participants also rated the personal importance of 5 different moral concerns from the field of moral psychology: 3 group-level moral concerns and 2 individual-level concerns. The results show that the group-level moral concerns predicted support for the punishment goals more strongly when offenders in general were being considered than when individual offenders were being considered. In contrast, the individual-level moral concerns predicted support for the punishment goals more strongly when individual offenders were being considered than when offenders in general were being considered. Finally, support for incapacitation, in particular, changed between conditions and was lower when individual offenders were being considered. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Public Opinion and Criminal Justice Policy: Theory and Research

This article reviews evidence for the effects of public opinion on court decision-making, capital punishment policy and use, correctional expenditures, and incarceration rates. It also assesses evidence about the factors explaining changes over time in public support for punitive crime policies. Most of this evidence originates from outside of our discipline. I identify two reasons that criminologists have not made more progress toward understanding the opinion-policy relationship. One is an unfamiliarity with important theoretical and empirical developments in political science pertaining to public policy mood, parallel opinion change, majoritarian congruence, and dynamic representation. Another is our overreliance on cross-sectional studies and preoccupation with comparing support levels elicited with different questions (global versus specific) and under different conditions (uninformed versus informed). I show how the resultant findings have contributed to misunderstandings about the nature of public opinion and created a false summit in our analysis of the opinion-policy relationship.

Evolutionary Strategies of Supply Chain Finance From the Perspective of a Return Policy

Return policy and supply chain finance are significant measures for banks and enterprises to improve the overall competitiveness of their supply chain. Supervision and guidance by banks are prerequisites to the smooth implementation of return policy and supply chain finance. This study analyzes the evolutionary stable strategy of three parties, namely, one bank, one supplier and one retailer, by establishing an asymmetric evolutionary game model. The model assumes that banks apply a reward and punishment policy for suppliers and retailers. Results show that regardless of the strategy the bank chooses, one party will always choose non-implementation of the return policy or non-adoption of the supply chain finance. From a short-term perspective, regardless of the strategy the bank chooses, suppliers and retailers will select the strategy of non-implementation and non-adoption, respectively. From the long-term perspective, suppliers and retailers will actively choose implementation and adoption whether or not there is bank supervision.

The Evolutionary Game Theoretic Analysis for Sustainable Cooperation Relationship of Collaborative Innovation Network in Strategic Emerging Industries

Strategic emerging industries (SEIs) represent the future direction of industrial developments and are crucial in stimulating the overall and long-term development for economy and society. The government plays a key role in promoting the development of SEIs. This paper, for the first time, investigates the cooperation relationship among innovation members, such as enterprises, universities and research institutes in a collaborative innovation network of strategic emerging industries under government intervention. A three-population evolutionary game theory approach was employed under different scenarios for the government acting as the stakeholder, considering the non-profit, definite fit as well as uncertain profit when incentive and punishment policies are adopted. A novel evolutionary game model of the cooperation relationship among collaborative innovation network members under government’s intervention is established. The results of the simulation experiments show that government’s intervention significantly influences the cooperation relationship between enterprises, universities and research institutes. When the sum of financial incentives and punishments is greater than the total additional cost (TAC), enterprises, universities and research institutes should pay for collaborative innovation. Moreover, government’s financial intervention can effectively promote the cooperation between enterprises, universities and research institutes.

Correctional Autonomy and Authority in the Rise of Mass Incarceration

Much of the literature explaining both mass incarceration and increasingly harsh punishment policies has been dominated by a focus on factors external to prisons, such as macrolevel explanations that point to political factors (like a popular rhetoric of governing through crime) or social structures (like the presence or absence of a strong welfare state). Where scholarship has focused on factors internal to prisons, explanations have often focused less on individual actors or correctional influence and more on processes, such as routinization, legalization, and risk management. This article argues for the importance of an additional explanatory factor in understanding the phenomenon of mass incarceration: the internal and relatively individualized influence of correctional officials, especially mid-level bureaucrats, who exercise autonomy and authority not only over prisoners and prison policy implementation but over policy initiation.