Punitive Tendencies Research Articles

Punitive tendencies, commercialization and the archaeological law: revealed contradictions through interpersonal interviews with experts

ABSTRACT The Greek archaeological law has introduced a reinforcement of the penal protection of cultural heritage. Accordingly, research was conducted by interviewing experts, which has revealed their punitive tendencies and consistency of their opinions with the law, as related to the policies of international organizations. Moreover, it appears that these experts are aligned with the neoliberal spirit of the law which reflects a widespread commercialization process on a global scale. This alignment and their punitive tendencies were strengthened after estimating their influence over policies for cultural elements, by a second level data analysis. Furthermore, it was found that the more, as opposed to the lesser influential experts, have serious reservations about the citizens’ contribution to the protection of monuments. Many have doubts about the law’s functioning in practice and some are even critical of the law itself as well as of international rules and arrangements. Finally, the interplay of theory and research indicated that the protection concept, as it relates to citizens’ familiarization with their cultural heritage as well as the containment of illicit trade and collecting at the market end of the supply chain of cultural objects should be further explored.

URGENSI KONSTITUSIONALITAS PEMBENTUKAN KOMISI KEBENARAN DAN REKONSILIASI

Abstract
 As a state of law, Indonesia is obliged to provide human rights protection against the victims of heavy human rights violations. The idea of the formation of the KKR begins with the willingness of historical disclosure of truth on past interpretations that have never been dismantled as a preliminary answer to giving a sense of justice for the victims. What is expected in the reconciliation process is the recognition of past history that allows the victim to open an apology door for perpetrators of heavy human rights abuses. The Truth and Reconciliation Commission is a phenomenon of transition arising from the context of countries facing the transition from the authoritarian regime to the democratic regime. One of the very quaint and dilematical problems facing the new government in this situation is to answer the community's demands on human rights crimes (gross violation of human rights) occurring under the previous regime. The transitional Government sought to answer this problem by attempting to reconcile punitive tendencies on one side with a tendency to apologize or amnesty on the other side. So it can be said, the ability of transitional governments is limited to the effort to provide transitional justice that is not entirely satisfactory. The Truth and Reconciliation Commission (KKR) should be regarded as a real progress in the gross violations of human rights in the past who were able to provide substantial justice to its rights to the realization of human rights protection in Indonesia.

Pain in police detention: a critical point in the ‘penal painscape’?

ABSTRACT In this paper, we analyse pain in police detention and the extent to which Sykes’ pains of imprisonment framework usefully informs this. This analysis is based on extensive in-depth qualitative research in four custody facilities in four English police forces. In parallel to Sykes, we found that detainees felt cut-off, as if they had nothing and had lost control, which were respectively akin to the deprivation of liberty, the deprivation of goods and services, and the deprivation of autonomy. However, moving beyond Sykes, police custody was also uncertain, anticipatory and liminal, and entailed insecurities derived from the material conditions and soundscape. All of these pains of police detention were furthermore enabled or minimised by how staff employed their authority. The synergy between the pains of police detention and the pains of imprisonment arise, in part because police custody has much in common with imprisonment. As such, police custody can be seen as an initial and thus critical point in the ‘penal chain’ or perhaps even the ‘penal painscape’, in which institutions within it have punitive tendencies in common, linked to the delivery of pain. This has implications for the police’s role in society and the role that the pain-punishment nexus plays in this. Pain in police work has traditionally been understood as largely physical in form and rooted in the use of force. As the pains of police detention show, these pains can be more situated, subtle, routine and far-reaching in their effects, potentially extending to other areas of police work.

El autoritarismo de derechas como sustrato psicosocial de odio

Una expresión y un instigador probable de la psicología de los crímenes de odio es el llamado autoritarismo de derechas. Estas tendencias antidemocráticas, conservadoras y punitivas son identificables en El Salvador de hoy vinculadas a las condiciones de alta inseguridad, violencia e incertidumbre que experimenta el país. El artículo teoriza sobre el autoritarismo de derechas y ofrece los resultados de una escala original para medir el fenómeno. Los resultados principales reconfirman que las actitudes autoritarias existen en la población salvadoreña y que se ven alimentadas por aspectos como la percepción de anomia o del prejuicio hacia los delincuentes. Se concluye con algunas implicaciones y posibilidades futuras de investigación.TEORÍA Y PRAXIS año 16, No.32, Enero-Mayo de 2018, pp.105-136

The Rise of the Crime Victim and Punitive Policies? Changes to the Legal Regulation of Intimate Partner Violence in Finland.

This article examines intimate partnership violence as a question of criminal justice policy in Finland, and contributes to criminological discussions regarding oft-stated connections between the politicization of the victim, the treatment of offenders, and repressive criminal justice policies. In this discussion, legislation aiming to regulate and prevent violence against women has often been utilized as an example of such punitive policies. Although criminal policies in Nordic countries differ significantly from more punitive Anglophone policies, punitive tendencies, it has been argued, have increased in the former, too. This article analyzes the change in legal regulations and the criminal political status of intimate partner violence in Finland between 1990 and 2004, while examining the juxtaposition of victims and offenders alongside repressive demands.

Megan's Law and Durkheim’s Perspective of Punishment: Retribution, Rehabilitation or Both?

<p>The victimization of Adam Walsh, Jacob Wetterling and Megan Kanka has been instrumental in designing sex offender laws. Registration and Community Notification Laws (RCNLs) are informally known as Megan’s Law (Terry 2011.) This paper explores sex offender legislation from the Durkheimian framework of retribution versus rehabilitation. In this paper I attempt to answer the research question: Does sex offender legislation respond to the diluted stance of punishment, which Durkheim envisioned is characteristic of modern societal sentiments (rehabilitation replacing retribution)? Why or why not? I first outline a brief history of sex offender legislation, followed by a discussion of select characteristics of societies that exhibit retributive and rehabilitative justice. Based on scholastic evidence presented in this paper, I conclude the punitive tendencies of current sex offender legislations are more retributive than rehabilitative. Current policies do not conform to the progress of punishment which Durkheim envisioned is concomitant to social evolution, and in many ways, demonstrates taking a step backwards.</p>

Maneuvering with Crime. An Empirical Reconstruction of “Populist” Stances on Youth Crime in German Parliamentary Debates

Recent years have seen a wide discussion of populism in penal policy, which is internationally regarded as a strong drive for establishing punitive tendencies. Generally, “penal populism” is characterized by an extensive consensus across the most influential political parties, a punitive orientation, and the dismissal of scientific or professional expertise. Recent penal policy therefore appears to be a relatively unified practice strongly oriented toward punitive measures that primarily address the public and its perceived need for protection. Because analyses of Anglophone countries are predominant in this discussion, we contrast them with a reconstruction of debates on youth crime in German parliaments from 1970 to 2012. They exhibit a wide variety of populist articulations. Although they imply a strong punitive bias, they also encompass a very heterogeneous rhetoric of penal policy. In conclusion, we argue that penal populism can (and should) be described as a tactical practice, i.e., as political maneuvering employed to negotiate the prospects of punitive and other styles of politics.

Penal and Prison Policy on the “Sunny Side of the Alps”: The Swan Song of Slovenian Exceptionalism?

The article considers penal and prison policy in Slovenia by illustrating and confronting the roots, development and main features of Slovenian vis-a-vis Scandinavian penal “exceptionalism”. It first explores economic, social and political developments that made both Scandinavian and Slovenian penal regimes, in terms of stability and leniency of penal policy, low imprisonment rates and quality of prisoner treatment, to some degree exceptional if confronted with regimes of the vast majority of western countries. Further, the authors explore what consequences and implications the recent punitive tendencies have for Slovenian exceptionalism and whether they jeopardize or perhaps even threaten mild penal order, which the country on the “sunny side of the Alps” has been building since the 1970s. Finally, the authors try to find out whether, in spite of the declining welfarism and rising punitiveness, Slovenian-style penal exceptionalism has a chance to revive and endure.

Capuchin monkeys punish those who have more

Punishment of non-cooperators is important for the maintenance of large-scale cooperation in humans, but relatively little is known about the relationship between punishment and cooperation across phylogeny. The current study examined second-party punishment behavior in a nonhuman primate species known for its cooperative tendencies—the brown capuchin monkey (Cebus apella). We found that capuchins consistently punished a conspecific partner who gained possession of a food resource, regardless of whether the unequal distribution of this resource was intentional on the part of the partner. A non-social comparison confirmed that punishment behavior was not due to frustration, nor did punishment stem from increased emotional arousal. Instead, punishment behavior in capuchins appears to be decidedly social in nature, as monkeys only pursued punitive actions when such actions directly decreased the welfare of a recently endowed conspecific. This pattern of results is consistent with two features central to human cooperation: spite and inequity aversion, suggesting that the evolutionary origins of some human-like punitive tendencies may extend even deeper than previously thought.

RETRACTED: The Negative Association between Religiousness and Children’s Altruism across the World

Prosocial behaviors are ubiquitous across societies. They emerge early in ontogeny and are shaped by interactions between genes and culture. Over the course of middle childhood, sharing approaches equality in distribution. Since 5.8 billion humans, representing 84% of the worldwide population, identify as religious, religion is arguably one prevalent facet of culture that influences the development and expression of prosociality. While it is generally accepted that religion contours people's moral judgments and prosocial behavior, the relation between religiosity and morality is a contentious one. Here, we assessed altruism and third-party evaluation of scenarios depicting interpersonal harm in 1,170 children aged between 5 and 12 years in six countries (Canada, China, Jordan, Turkey, USA, and South Africa), the religiousness of their household, and parent-reported child empathy and sensitivity to justice. Across all countries, parents in religious households reported that their children expressed more empathy and sensitivity for justice in everyday life than non-religious parents. However, religiousness was inversely predictive of children's altruism and positively correlated with their punitive tendencies. Together these results reveal the similarity across countries in how religion negatively influences children's altruism, challenging the view that religiosity facilitates prosocial behavior.

Group Cooperation without Group Selection: Modest Punishment Can Recruit Much Cooperation.

Humans everywhere cooperate in groups to achieve benefits not attainable by individuals. Individual effort is often not automatically tied to a proportionate share of group benefits. This decoupling allows for free-riding, a strategy that (absent countermeasures) outcompetes cooperation. Empirically and formally, punishment potentially solves the evolutionary puzzle of group cooperation. Nevertheless, standard analyses appear to show that punishment alone is insufficient, because second-order free riders (those who cooperate but do not punish) can be shown to outcompete punishers. Consequently, many have concluded that other processes, such as cultural or genetic group selection, are required. Here, we present a series of agent-based simulations that show that group cooperation sustained by punishment easily evolves by individual selection when you introduce into standard models more biologically plausible assumptions about the social ecology and psychology of ancestral humans. We relax three unrealistic assumptions of past models. First, past models assume all punishers must punish every act of free riding in their group. We instead allow punishment to be probabilistic, meaning punishers can evolve to only punish some free riders some of the time. This drastically lowers the cost of punishment as group size increases. Second, most models unrealistically do not allow punishment to recruit labor; punishment merely reduces the punished agent’s fitness. We instead realistically allow punished free riders to cooperate in the future to avoid punishment. Third, past models usually restrict agents to interact in a single group their entire lives. We instead introduce realistic social ecologies in which agents participate in multiple, partially overlapping groups. Because of this, punitive tendencies are more expressed and therefore more exposed to natural selection. These three moves toward greater model realism reveal that punishment and cooperation easily evolve by direct selection—even in sizeable groups.

La sanción penal de los conductores ebrios en Colombia: entre las dificultades dogmáticas y la ausencia de una política criminal coherente

La circulación de vehículos automotores propone nuevos retos al derechopenal, el cual, acorde con las tendencias punitivas tan comunes hoy, espresentado a la opinión pública colombiana, por los medios y los legisladores,como la única solución posible para contrarrestar los altos índices de muertosy heridos producidos, en especial, por conductores ebrios. Sin embargo, lacreación de nuevos delitos o el endurecimiento de las penas ya existentes,apenas puede contribuir a la reducción de esas cifras; el papel del derechopenal a tales efectos es limitado y la política criminal no es sino una más dentrodel conjunto de las políticas públicas llamadas a mejorar la seguridad vial, quedista, por cierto, de ser la más eficaz en esta materia.

Just Poor Enough: Gilded Age Charity Applicants Respond to Charity Investigators

This article examines the strategies used by charity applicants of the 1880s to present themselves in ways most likely to win relief from the Indianapolis Charity Organization Society (COS), while also preserving autonomy from an organization willing to use threats of starvation or institutionalization to force compliance from the poor. Investigators treated charity applicants as objects to be scientifically observed and categorized and then molded to conform to middle-class mores, but the applicants’ responses ranged from accommodation to complete defiance. Successful applications to the COS ultimately depended more on the vagaries of the investigator than on the strategies chosen by the applicant. Those applications often led to decisions that illustrate the draconian, punitive tendencies suggested by the leading theoretical treatises in the scientific charity movement. However, they also reveal instances where charity applicants guided investigators toward more generous decisions.

Punishing the Poor—a debate

While in broad agreement about the growing importance of workfare and punitive tendencies in contemporary politics, this article raises four questions about Wacquant’s model of a neoliberal state. Besides pointing out the fuzzy definition of the target group of punitive regulation, it questions whether penal containment is generalizable as ‘core’ of the neoliberal state. Third, it critiques the selective treatment of contemporary poverty policies (excluding a variety of, for example, activating, neoliberal policies), built on a skewed view of the transition from a supposedly generous ‘nanny state’ to a strict ‘daddy state’. Fourth, it challenges the claim of ‘overall fitness’ of punitive containment of urban marginality and the absence of agency and contradictions from the model.

Neighbourhood Policing and the Punitive Community

Since coming to power in 1997, New Labour has identified the community as the key site for tackling a range of social problems including crime and anti-social behaviour. However, recent policy initiatives in policing and neighbourhood management have significantly increased the powers of local communities to influence local affairs. Considerable academic discussion has centred on the notion of community, its efficacy to resolve problems and fragmentation within communities, but rather less interest has been shown in the implications for these policy towards marginalized groups. In this article, I wish to explore the punitive tendencies of a largely middle-class community towards a marginalized group – street-life people– and how these punitive tendencies can override the views of professionals – police officers and local authority officials who hold more lenient views based upon their direct interaction with the street life people.