Punitive Sanctions Research Articles

Disengagement from mental health treatment and re-offending in those with psychosis: a multi-state model of linked data.

Individuals with psychosis are over-represented in the criminal justice system and, as a group, are at elevated risk of re-offending. Recent studies have observed an association between increased contacts with mental health services and reduced re-offending, as well as reduced risk of re-offending in those who are ordered to mental health treatment rather than punitive sanctions. In furthering this work, this study examines the effect of disengagement from mental health treatment on probability of re-offence in offenders with psychosis over time. Data linkage was conducted with judicial, health and mortality datasets from New South Wales, Australia (2001-2015). The study population included 4960 offenders with psychosis who received non-custodial sentences and engaged with community-based mental health treatment. Risk factors for leaving treatment and/or reconviction were examined using multivariate cox regression. Further, a multi-state model was used to observe the probabilities associated with individuals moving between three states: conviction, disengagement from mental health treatment and subsequent re-conviction. A threefold increase was observed in the risk of re-offending for those who disengaged from treatment compared to those who did not (aHR = 2.76, 95% CI 1.65-4.62, p < 0.001). The median time until re-offence was 195days, with the majority (67%) being convicted within one year of leaving treatment. A higher risk of leaving treatment was found for those born outside of Australia, with substance-related psychosis, and a history of violent offence. The findings argue for an emphasis on continued engagement with mental health services following release for offenders with psychosis and identify subgroups within this population for whom concentrated efforts regarding treatment retention should be targeted.

The Role of the School Nurse in Creating a Vape-Free School

Electronic, or "e"-cigarette use has been adopted by an alarming number of teens in recent years. E-cigarettes are neither legal for youth nor considered safe for use by youth. E-cigarette companies have targeted youth in their marketing strategies and developed appealing flavors with high nicotine content to ensure dependence on their products. Schools lack adequate resources and capacity to address e-cigarette use, relying mostly on punitive sanctions for what is essentially a health issue. School nurses can help their districts and schools by navigating appropriate consequences for vaping, providing accurate information and education, providing cessation resources, advocating for student support, and informing stakeholders on population health strategies to prevent initiation and reduce youth e-cigarette use.

Investigating the New Zealand policy response to methamphetamine-contaminated houses.

The contamination of houses from clandestine methamphetamine manufacture emerged as an issue in New Zealand in the early 2000s. This perspective reviews and discusses the series of policies developed to address methamphetamine contamination in New Zealand houses over a 15-year period, ending with the reversal of the established policy approach in 2018. The policies addressing methamphetamine contamination of New Zealand properties were influenced by a range of sources including overseas scientific guidelines, local scientific reviews, public housing agency policies, and the local methamphetamine testing industry. A post-remediation methamphetamine level of 0.5 μg/100 cm2 was initially implemented in 2010, leading to the termination of public housing tenancies, suspensions from the public housing list, and financial charges for decontamination on public housing tenants. Subsequent reviews of the policy led to some increase in the thresholds (up to 1.5-3.8 μg/100 cm2 ) and the adoption of less punitive sanction processes. A scientific review in 2018 recommended a substantial threshold increase to 15 μg/100 cm2 (a 30-fold increase on the 2010 standard), resulting in HNZ initiating a plan to compensate previously sanctioned tenants. Overreliance on the "precautionary principle"; strict interpretation of scientific guidelines; and the public housing agency's "zero tolerance approach" to drug use, contributed to an overly punitive policy approach to methamphetamine contamination in New Zealand that negatively impacted vulnerable public housing tenants, landlords, and property owners. Investigation into the extent that all possible influences had on the development of the policies, as well as the consequences of their implementation, should be undertaken.

Justice perspectives of women with disability: An Australian story

The article explores the meaning of ‘justice’ for women with disability who have experienced and reported violent crimes, typically, sexual assault and family violence. It contributes to the small body of literature that considers justice as articulated by those who have experienced violence and represents the only published research that brings to the fore perspectives on justice from the viewpoint of women with disability. Based on interviews and focus groups with 36 women with disability in the Australian states of Victoria and New South Wales, it explores these women’s ‘justice’ ideals and the gap between those ideals and the responses they received from the service and criminal justice systems. Mostly, the women’s desired outcomes in response to reports of violence were focused on recognition of what had occurred, an acknowledgement of their rights and status, and a pathway to security and safety. These desires related to justice were linked to being able to leave a situation of danger, retain custody of children, have access to care and advocacy services and gain a sense of safety or, sometimes, simply survive. The women’s desires underline how inadequate the typical narrow criminal justice response is in meeting the ‘justice’ ideals and needs of women with disability because it is focused on establishing the guilt or otherwise of the defendant and on any subsequent punitive sanctions. These women’s experiences and insights highlight the impact of discrimination and inequality on both justice as an ideal and justice as it is experienced.

Punitive benefit sanctions, welfare conditionality, and the social abuse of unemployed people in Britain: Transforming claimants into offenders?

AbstractA defining feature of U.K. welfare reform since 2010 has been the concerted move towards greater compulsion and sanctioning, which has been interpreted by some social policy scholars as punitive and cruel. In this article, we borrow concepts from criminology and sociology to develop new interpretations of welfare conditionality. Based on data from a major Economic and Social Research Council‐funded qualitative longitudinal study (2014–2019), we document the suffering that unemployed claimants experienced because of harsh conditionality. We find that punitive welfare conditionality often caused symbolic and material suffering and sometimes had life‐threatening effects. We argue that a wide range of suffering induced by welfare conditionality can be understood as ‘social abuse’, including the demoralisation of the futile job‐search treadwheel and the self‐administered surveillance of the Universal Jobmatch panopticon. We identify a range of active claimant responses to state perpetrated harm, including acquiescence, adaptation, resistance, and disengagement. We conclude that punitive post‐2010 unemployment correction can be seen as a reinvention of failed historic forms of punishment for offenders.

Assessing the conundrums of the Cuban economy under the revolution (1959–2019)

This article evaluates the resilient challenges faced by Cuba’s economy during the six decades of the Revolution (1959–2019), mainly its historical external economic dependency upon a foreign country (the USSR and Venezuela) and the adverse consequences that occur when such relationship ends or deteriorates. Several hypotheses address that issue as well as others such as the hindrance of the US embargo/blockade aggravated by Donald Trump’s punitive sanctions and Cuban continuity of a centrally planned economy and predominance of state enterprises over the market and the non-state sector. The core is an analysis of performance of key economic indicators: GDP growth, gross capital formation, financial stability, mining-industry agriculture output, tourism and exports of professional services. Hypotheses are tested with long-term statistical series elaborated and scrutinized by the author over half a century based on Cuban official sources, as well as legislation, articles by Cuban scholars and from news media. Among the results: external dependency has declined somewhat but demands deeper economic reforms, there are no countries currently capable and willing to fully replace Venezuela’s substantial aid, the ongoing crisis provoked by the deteriorating Venezuelan economy cum Trump’s sanctions should have lesser adverse effects than the 1990s crisis that resulted from the USSR disappearance. The article is a significant contribution to the study of Cuba’s external economic dependence and its consequences, and should be also worthy for other small economies and socialist countries.

DOES ABSENCE MAKE THE HEART GROW FONDER? – STUDENTS PERSPECTIVES OF CURRICULUM, ABSENTEEISM AND THEIR PURSUIT OF THE GOOD LIFE

In 2015, major revisions were made to the breadth and content of the English national curriculum to ensure the country’s economic success in an emerging technological marketplace. Increasingly punitive sanctions were introduced to safeguard student attendance and subsequent attainment. Yet student GCSE attainment has remained static since that time and attendance has decreased. The article considers these coinciding trends by presenting a study that explored 40 secondary-school students’ perspectives of their low attendance. Findings evidence their motivation to learn but also their growing disillusionment with curriculum content that is not easily accessible or seen to support a good life, which in turn has impacted their motivation to attend school. Conclusions call for collaborations to be developed between school leaders and students to help make explicit the pathways to a good life that the curriculum claims to support. Collaborations that may also address student absenteeism.

Unemployment, sanctions and mental health: the relationship between benefit sanctions and antidepressant prescribing

AbstractInternational social security systems increasingly place work-related conditions on individuals claiming out-of-work benefits, and enforce requirements through the use of benefit sanctions. The literature on the impacts of benefit sanctions considers both labour market and wider social effects, which this study contributes to through a focus on mental health. It considers the period of Coalition government (2010–15) in the UK, which imposed a comparatively high number of benefit sanctions and increased their severity through the Welfare Reform Act 2012. A longitudinal dataset is constructed using quarterly local authority-level data on Jobseeker’s Allowance (JSA) sanctions and antidepressant prescriptions in England. Results from fixed effects analyses indicate that, in the post-reform period, every 10 additional sanctions are associated with 4.57 additional antidepressant prescribing items (95% CI: 2.14 to 6.99), which translates to approximately one additional person receiving treatment. Importantly, this finding indicates that sanctions are associated with both adverse mental health impacts and wider public expenditure implications, which motivates further investigation at the individual-level. In addition, punitive sanctions form a core part of the new Universal Credit (UC) and so the results suggest the need to reassess the use of sanctions within the contemporary social security system.

GyanPrakashEmergency Chronicles: Indira Gandhi and India's Turning PointPrinceton: Princeton University Press, 2019. 439 pp. Index.

GyanPrakashEmergency Chronicles: Indira Gandhi and India's Turning PointPrinceton: Princeton University Press, 2019. 439 pp. Index.

Impact of Universal Credit in North East England: a qualitative study of claimants and support staff

ObjectivesTo understand the impact of the roll-out of Universal Credit (UC) from the perspectives of claimants and staff supporting them in North East England.DesignQualitative study comprising interviews and focus groups.SettingGateshead...

Deontological violations of community pharmacies in Turkey

DOI : 10.26650/IstanbulJPharm.2019.18009 Deontological violations are important in terms of reputation of public health, pharmacy profession, and protection of public finance. The aim of this study is to determine types and prevalence of deontological crimes reflected in records of High Honor Court (HHC) in Turkish Pharmacists’ Association (TPA), to develop proposals on corrective and preventive occupational policies. Crime types in disciplinary files were classified according to classification method of deontological crimes in 3-groups, and results were evaluated by frequency and percentage distributions. In the study, 32 deontological crime types and 112 criminal cases were detected. Accordingly, it was found that deontological crimes due to competition are in the first rank with 51 cases, TPA, Drug-Pharmacy Legislation violations in the second with 50 cases and Social Security Institution protocol provisions violations in the last rank with 11 cases, and in all types of crime, “collusion” is in the first rank (30.4%).It is thought that “collusion” crime being in the first rank increasing its share from 18.6% to 30.4% in all crimes despite increasing punishments. Persistence of crime despite punitive sanctions aggravated by recent regulations suggests that it is not possible to solve only by punitive sanctions, and it must be get to the bottom of the problem. Cite this article as : Kiran B, Karaca EG (2019). Deontological violations of community pharmacies in Turkey. Istanbul J Pharm 49 (1): 20-24.

PROHIBITION TO EXERCISE PROFESSIONAL ACTIVITIES AS A MODERN APPROACH OF CRIMINAL JUSTICE PROTECTION OF ECONOMIC CRIME

The increase of certain forms of crime, their transformation, as well as the creation of new forms of crime, unknown to the theory and practice until now, which it connects or uses the exercise of certain legal activity for the realization of property benefits, independently or in organized groups, contributes to the introduction of new, but also a revitalization of existing sanctions, that should enable the combating of these forms of crime, but also to be a message to others that crime is not paid. Hence, in the fight against organized crime, first of all economic crime, today, more attention turns to prohibition to exersice professional activities, as a punishments or punitive sanctions and other measures that should contribute to removing the motive for committing the criminal offense, alone or in combination with other penal sanctions and measures. The attention of this paper will be directed, precisely in the analysis of the characteristics, the effects and the role of these penal sanctions in the criminal justice protection of economic crime.

The Myth of China's Open Market Reforms and the World Trade Organization

In 2018, the Trump Administration claimed for the first time that the United States erred in supporting China’s accession to the World Trade Organization because China has failed to fulfill its commitments to dismantle its state-led economy and adopt open-market oriented reforms. Instead, China has maintained a mercantilist state-led economy in which China provides preferential treatment to its state-owned enterprises and supports their exports while it discriminates against U.S. companies in China and creates barriers to U.S. imports. Frustrated with being unable to effect change through dialogue, the United States is now using punitive trade sanctions against China in disregard of the WTO. China has retaliated in kind, igniting a potential global trade war. A review of the background of China’s accession to the WTO indicates, however, that China never made any commitments to dismantle the state sector of its economy and is not otherwise legally bound to do so under the WTO. The claim that China agreed to adopt open markets is a myth created by President Bill Clinton due to wishful thinking or political expediency when he sought congressional support for China’s accession to the WTO in 2001. Clinton argued that China’s WTO entry would lead to the adoption of economic freedoms that in turn would lead to political freedoms and greater protection for human rights. Clinton even dangled the possibility China could shed the shackles of communism and embrace democracy. In response to Clinton’s grandiose vision, China remained cautious and made no extravagant promises. China promised only to adopt a hybrid system in which some free markets would operate within an overall state-led economy. Rather than dismantling its state-led economy after its WTO accession, China has incessantly strengthened it. Tightening the state’s grip over the economy serves important goals of the Communist Party, including further entrenching its power, whereas loosening its grip would be tantamount to relinquishing power, a prospect that the Party will never accept. This article argues that the United States must finally reject the Clinton myth and accept that China has no intention of dismantling its state-led economy. Only with this sober realization can the United States deal effectively in the future with China in the WTO, in bilateral trade negotiations outside of the WTO, and beyond.

Court diversion for those with psychosis and its impact on re-offending rates: results from a longitudinal data-linkage study.

With significant numbers of individuals in the criminal justice system having mental health problems, court-based diversion programmes and liaison services have been established to address this problem.AimsTo examine the effectiveness of the New South Wales (Australia) court diversion programme in reducing re-offending among those diagnosed with psychosis by comparing the treatment order group with a comparison group who received a punitive sanction. Those with psychoses were identified from New South Wales Ministry of Health records between 2001 and 2012 and linked to offending records. Cox regression models were used to identify factors associated with re-offending. A total of 7743 individuals were identified as diagnosed with a psychotic disorder prior to their court finalisation date for their first principal offence. Overall, 26% of the cohort received a treatment order and 74% received a punitive sanction. The re-offending rate in the treatment order group was 12% lower than the punitive sanction group. 'Acts intended to cause injury' was the most common type of the first principal offence for the treatment order group compared with the punitive sanction group (48% v. 27%). Drug-related offences were more likely to be punished with a punitive sanction than a treatment order (12% v. 2%). Among those with a serious mental illness (i.e. psychosis), receiving a treatment order by the court rather than a punitive sanction was associated with reduced risk for subsequent offending. We further examined actual mental health treatment received and found that receiving no treatment following the first offence was associated with an increased risk of re-offending and, so, highlighting the importance of treatment for those with serious mental illness in the criminal justice system.

Tradicionalismo maquiado de progressismo: análise semiótica dos discursos do Padre Fábio de Melo

O catolicismo, em terras brasileiras, dotado ainda de certo prestígio histórico-social, tem procurado reformar os seus discursos, elaborando novas estratégias de comunicação, sobretudo nos meios midiáticos. Este artigo se propõe a examinar as novas estratégias de comunicação adotadas pelo discurso religioso católico, a partir da análise do discurso do Padre Fábio de Melo no programa televisivo “Direção Espiritual”. A pesquisa objetivou examinar as estratégias discursivas adotadas por Padre Fábio de Melo em sua exortação, avaliando as relações contratuais entre enunciador e enunciatário, bem como analisar o recobrimento temático-figurativo dos seus conselhos, para deles depreender os valores semânticos subjacentes, a qualificação axiológica que os orienta. Para a análise do conteúdo do vídeo selecionado, utilizamos o instrumental teórico-metodológico oferecido pela semiótica greimasiana, que visa a descrever e explicar, através do percurso gerativo do sentido, como o texto diz o que diz, ou seja, como o sentido é construído em determinado discurso. Com base em um dos programas, cujo tema era o aborto, mostramos como o discurso proferido por um dos padres mais celebrados atualmente no contexto católico brasileiro tende a constituir valores implícitos que procuram responder às necessidades da Igreja em recuperar os fiéis perdidos, desprovendo-se de sanções explicitamente punitivas.

필수유지업무제도 등 쟁의행위제도 개선 방안

Korean Labor Related Laws had created and changed for over 60 years but the majority of them had rendered services to the Political Authority or Economic Promotion only in spite of the circumstantial diversity. But the necessity and voice of Transformation of Collective Labor Related Laws are going on in Moon’s Government after the Intended Vacuum of Bygone Government. In Korean Constitutional Law, Three Fundamental Labor Rights are on an equal footing with each other and closely connected in functional. Therefore, in Analysis of Legal Property and Inter-relationship of Three Fundamental Labor Rights we should break with conventional Centralism.BR For the Improvement scheme connected with Industrial Action, we could consider the Elimination of Restriction in Collective Bargain Subject, the Restriction in Abuse of civil and/or criminal Suit, Self-restraint of Punitive Sanction in Collective Labor Related Acts and the enthusiastic Extension of Labor Dispute Adjustment Subject.BR And the Improvement scheme for Essential Services Maintenance System, the Compulsory Administration System for Corporate and Union Social Responsibility(CSR and USR) in Essential Services Maintenance. And also the Participation opportunity Expansion of Expert public welfare Delegates will promote the life, health and safety of the General Public. With this, the Point of Equilibrium or Compromise will be found in Essential Services Maintenance System, getting over the Distortion in course of beginning Operation.

The Quiet Revolution? The Labour Party and Welfare Conditionality

AbstractLabour's 2017 general election manifesto contained a pledge to ‘end the punitive sanctions regime’ in the British welfare state. Whilst the specific implications of this pledge were not elaborated, such a policy would nevertheless constitute a profound break with a welfare consensus spanning over twenty years. The depth of the suggested changes on welfare are also evident in the scale of reform proposed to disability benefits, as well as plans—confirmed in August 2018 by the Shadow Chancellor John McDonnell—to pilot universal basic income. Collectively, these policies would seemingly be deeply at odds with public opinion on the benefits system, which over the course of the last two decades has significantly hardened. Yet despite the seemingly radical and controversial nature of the policy, it received very little media or public attention during the election campaign. This article explores Labour's ‘quiet revolution’ on welfare, examining whether Labour's new welfare approach is indeed a bold attempt to reshape public opinion on welfare or, alternatively, a mostly pragmatic reaction to changing social attitudes. The argument presented is that whilst there are persuasive explanations that Labour is responding to a change in the public mood, there is also evidence of a more ambitious goal at stake: the aim of reshaping, not simply responding to, public opinion on the welfare state.

Introduction: Frontline delivery of welfare‐to‐work in different European contexts

AbstractThis themed issue contributes to European research on the role of front‐line work in the implementation of welfare‐to‐work policies. A number of factors underline the relevance of such study. First, the focus on activating and disciplining the unemployed seen in many countries may on the surface look similar. However, a closer look at these policies and how they unfold in different contexts reveals many and interesting differences. While all contain a certain level of disciplining and coercive elements, they also to a varying degree contain elements that focus on the upgrading of skills, building human capital and providing other types of support in promoting labour‐market participation. In turn, these policies contain both people processing and people changing technologies that are used for different aspects of policy delivery. In addition, policy developments have gradually expanded the client group of these policies, including more hard‐to‐place unemployed, thus making the client group more heterogeneous. Finally, we have seen a strong political belief in the positive effects of using punitive sanctions. Research supports this belief when it comes to clients with high employability and limited problems besides unemployment, but the knowledge‐base is rather shaky when it comes to the hard‐to‐place clients with substantial problems. Using punitive sanctions or other disciplining or coercive measures in frontline work has caused controversy and resistance. In order to qualify our understanding of welfare‐to‐work policies, we need to take a step closer to where these policies are translated into reality for the target group.

Private Enforcement and Market Regulation

The article examines the technique of private enforcement as a juridical instrument to protect the market in combination with the punitive sanction mechanisms of public law. After a first definition of private enforcement, we investigate the position taken by the European Commission on the use of private enforcement, verifying its function with respect to the objectives of market protection. The main instruments of private enforcement are therefore considered: civil liability, termination of the contract, nullity of the contract, injunction. We will focus on the main constraints to the application of the abovementioned instruments of private enforcement proposing solutions in the light of an overcoming of the boundaries between public law and private law. As highlighted in Directive 2014/104/EU, “the practical effect of the prohibitions laid down requires that anyone – be they an individual, including consumers and undertakings, or a public authority – can claim compensation before national courts for the harm caused to them by an infringement of those provisions.” For this reason it is important to consider all the different private enforcement tools and try to remove the obstacles to their effective functioning. Private law is activated on the action of individuals who exercise the rights recognised by the law. Individuals being closer to the emergence of the problem are able to represent the violation of the interests at stake according to the logic proper to the principle of subsidiarity. The Principle of subsidiarity states that a wider and greater body, such as a government, should not exercise functions that can be carried out efficiently by a smaller one, such as an individual or a private group, acting independently.

Maintaining the Punitive Element of Tort through Social Sanctions in Malpractice Reform

In this piece, I focus on the limitations of moving medical malpractice from a tort to contracts basis, particularly in the loss of the punishment aspect of punitive damages. In doing so, I present the way in which medical malpractice is currently implemented in the United States under tort law. I then briefly review current malpractice reform efforts, focusing more so on the idea of “no-fault” administrative systems. Here, I also explore the fundamental legal differences between contracts and tort. I then discuss the ethics of blame-shielding and whether or not we are losing something by failing to blame bad actors. In doing so, I focus on the ethical implications of punishment. Operating under the assumption that the current tort-based medical malpractice system is driving up health care costs, I conclude by proposing a hybrid system that combines contract theory with noneconomic punitive sanctions: a “no-fault fault system.”