Severe Penalties Research Articles

Time Pressure Weakens Social Norm Maintenance in Third-Party Punishment.

Decision-making under time pressure may better reflect an individual's response preference, but few studies have examined whether individuals choose to be more selfish or altruistic in a scenario where third-party punishment is essential for maintaining social norms. This study used a third-party punishment paradigm to investigate how time pressure impacts on individuals' maintenance of behavior that follows social norms. Thirty-one participants observed a Dictator Game and had to decide whether to punish someone who made what was categorized as a high unfair offer by spending their own Monetary units to reduce that person's payoff. The experiment was conducted across different offer conditions. The study results demonstrated that reaction times were faster under time pressure compared with no time pressure. Time pressure was also correlated with less severe punishment. Specifically, participants were less likely to punish the dictator under time pressure compared with no time pressure when the offer was categorized as a high unfair. The findings suggested that individuals in these game conditions and under time pressure do not overcome their pro-selves and that time pressure weakens an individual's willingness to punish high unfair offers.

Criminal Proof: Fixed or Flexible?

Abstract Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society.

Legal Injustice in the Perspective of Pancasila: Various Recent Developments in Indonesia

Law enforcement in Indonesia has been regulated in the 1945 Constitution paragraph (1) of the 1945 Constitution where everyone is treated equally before the law without any distinction. As stated in the 5th Pancasila precept which reads: "Justice for all Indonesian people". But in reality the implementation of law enforcement in Indonesia is not going well. The law that should act decisively is now the opposite. In Indonesia, the law is used as a tool to act arbitrarily. An official, high-ranking official who has a lot of money will easily avoid legal disturbances even though the person has violated the law. And conversely for people who can not even get a severe punishment. This study aims to analyze the implementation of legal justice in the perspective of Pancasila in Indonesia as a basic framework in the state. This study uses a normative approach and literature study in which the author examines and compares various previous studies related to the topic of justice in the Pancasila perspective, as well as various related theories. This study finds and emphasizes that legal injustice in Indonesia is caused by the old paradigm of law enforcement officials, who still prioritize aspects of legal certainty and have not used aspects of justice and legal benefits. The legal apparatus associated with the court pays more attention to legal procedures, which they should prioritize existing legal justice.

Emergency powers, anti-corruption, and policy failures during the COVID-19 pandemic in Puerto Rico.

This paper explores how the use of emergency powers by the US and Puerto Rican governments exacerbated the impact of the COVID-19 pandemic and manufactured the conditions for furthering the multilayered economic, legal, political, and humanitarian crisis affecting Puerto Rico since 2006. The paper discusses three cases. First, it examines how the multiple declarations of the state of emergency, and its constant renewals, produced contradictory public health policies. Since the start of the COVID-19 pandemic in March 2020, the Puerto Rican government has issued over 90 executive orders aimed at addressing the emergency, producing an unclear, contradictory, and unequal emergency management policy. Second, the paper focuses on the impact of the passing of Law 35 on April 5, 2020, which imposed severe penalties on those who disobeyed executive orders. As a result, hundreds of Puerto Ricans were arrested, fined, and incarcerated for violating the issued order. Third, the paper studies how, citing the presence of corruption, the Puerto Rican government implemented anti-corruption and anti-fraud policies that made it more difficult for those most in need of it-mainly poor and racialized individuals, as well as immigrants and working women-to access Pandemic Unemployment Assistance. Thus, the paper argues that emergency policies designed to address the pandemic, punitive governance, and anti-corruption and anti-fraud policies undermined Puerto Rico's capacity to handle the pandemic, exacerbated its impact, and created an unequal recovery scenario.

Insider trading laws to counter financial crime: a comparative study of Mauritius, UK and US laws

PurposeThe rise in business activities coupled with free trade liberalisation across countries has entailed an increase in securities transaction as well as insider trading (IT). In fact, IT is characterised by the influence and usage of some prior knowledge concerning sensitive information of a corporate body which results in a financial benefit to the insider trader. The practice of IT is not only unethical but also illegal and this statement is witnessed by the mushrooming of laws across the globe categorising IT as an offence. However, the type of punishment varies in different countries depending on various factors. Consequently, the purpose of this paper is to assess the adequacy and efficiency of IT laws in the context of a developing country being Mauritius.Design/methodology/approachTo achieve the research objective, the Mauritian laws on IT were compared with the corresponding laws of some developed countries like the USA and the UK. As such, a qualitative research method was adopted. In particular, the black letter approach was used to examine the relevant laws of Mauritius, UK and USA on IT. A comparative analysis was conducted concerning IT laws for each country with the view of suggesting recommendations for Mauritian stakeholders to adopt to enhance the existing legal and regulatory framework on IT.FindingsIt was found that Mauritian IT laws are largely inspired from both the US and UK corresponding legislation. However, Mauritian laws need to be strengthened by imposing some more severe penalties in terms of fines and terms of imprisonment like the USA has established. The Mauritian Financial Services Commission as the regulator also needs to play a more active role in disseminating particularities of IT laws, offences and penalties to the civil society at large.Originality/valueAt present, this study will be among the first academic writings on the efficiency of IT laws in Mauritius and also, because existing literature is quite scarce on assessing the adequacy of IT legislation in developing countries, this research aims at filling in the gap in literature. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

Law and order: the timing of mitigating evidence affects punishment decisions

When we hear about a transgression, we may consider whether the perpetrator’s individual circumstances make their transgression more understandable or excusable. Mitigating circumstances may reduce the severity of punishment that is deemed appropriate, both intuitively and legally. But importantly, in courts of public opinion and of law, mitigating information is typically presented only after information about a perpetrator’s transgression. We explore whether this sequence influences the force of mitigating evidence. Specifically, in two studies, we examined whether presenting evidence about a perpetrator’s background before or after evidence of their violation influenced how severely U.S. participants punished perpetrators. In Study 1 (N = 132), evidence about the perpetrator’s mitigating circumstances reduced punishment only when it was presented before evidence about the perpetrator’s violation. Study 2 (N = 316) additionally revealed this moderating effect of presentation order across a variety of premeditated and impulsive violations. These findings are consistent with person-centered theories of punishment and with the Story Model of adjudication.

The Neutrality of the State Civil Apparatus in General Elections: A Study of Law Enforcement

This study aims to analyze law enforcement related to ASN Neutrality in the elections at the national and regional levels based on laws and regulations. This study uses a normative juridical method. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach. The results show that the law enforcement related to ASN Neutrality in the elections at the national and regional levels consists of Law No. 5 of 2014, Law No. 7 of 2017, Law No. 6 of 2020, and Government Regulation No. 94 of 2021. Servants proven to have committed violations related to ASN neutrality will be imposed disciplinary and criminal punishment. In this case, the disciplinary punishment levels consist of moderate or severe. At the same time, the most severe criminal punishment is imprisonment for 24 (twenty-four) months and/or fines of IDR 1,000,000,000.00 (one billion rupiahs). In contrast, if ASN Servants are proven to have committed violations but are not followed up, then KASN recommends to the President to punish PPK/Executors/Officials and Authorized Officials by the provisions of laws and regulations. Therefore, it is recommended that the ASN Servants Neutrality Supervising Task Force monitors and evaluates the follow-up results of KASN recommendations. Furthermore, it is necessary to impose strict punishment on Servants who violate the provisions regarding the neutrality of ASN to make the bureaucracy clean from abuse of authority during future elections.

What do (future) civil servants think of bribery and corruption? Evidence from India

Motivation Civil servants are often seen as key actors responsible for systemic corruption in developing countries. Yet, there is a dearth of empirical studies on what public officials think of bribery and corruption. Owing to the limitations of enrolling in-service bureaucrats into research on the sensitive topic of bribery, the study tries to understand the perceptions of future bureaucrats. Purpose The study is a novel attempt to analyse how the select candidates aspiring to join the highly competitive elite civil services in India respond to experimental bribery situations. What deters potential bribe-takers from accepting bribes, and what do they think about corruption in public life? Methods and approach The study employs mixed-methods research to answer these questions. Bribery experimental games were administered to examine the impact of varying degrees of “punishment,” “monitoring,” and “public loss” and their relation to the varying “bribery amount.” In addition, focus group discussions (FGDs) were conducted with these participants to explore the dynamics of corruption. Findings The findings suggest that high public loss and high severity of punishment were able to deter bribery even when the amount of the bribe was high. On the other hand, the impact of a high level of monitoring was only effective in cases where the bribe amount was low. FGDs revealed that social acceptance of corruption, and the low rate of convictions in corruption cases, are the main reasons for continuing corruption in the public sphere. Policy implications The study suggests that in India and other countries in which corruption is systemic and socially accepted, it is imperative to move anti-corruption policies away from their present fixation with strict monitoring to strict punishment. Monitoring alone without severe punishment is not sufficient. Corruption cases ought to have swift trials and better rate of conviction. It is equally important to inculcate the values of social good and integrity in public life

Rule Breaking, Bending, and Workarounds: Police Officers and Chiefs’ Coercion-Discretion of Enforcing State Executive Orders

This study examines rule non-compliance from police officers and managers who decide not to enforce certain public health edicts and decrees. It examines rule non-compliance from police officers and managers who decide not to enforce certain public health edicts and decrees. The locus of our study is the severity of the consequences for rule non-compliance for citizens. We test to see whether rules with severe punishments for citizens are broken, bent, or worked around by the police more often than expected in Bozeman observations. Thirty-seven police chiefs and managers were interviewed. Sixteen focus groups totaling 149 police officers were held in 15 municipalities in a Canadian province. Non-compliance related to police officers not enforcing 1556 Canadian dollars (US$1260; 1082€) fines was high. This study provides credence that workaround is a flexible concept explaining how discretion is used on the frontlines of public service.

Дітозгубництво в Україні ХІV–ХVІІІ ст.: відношення за правовими нормами, способи умертвіння та приховання слідів (на прикладі пам’яток церковного та світського права)

Th e purpose of the article is an attempt to investigate the regulation of infanticide according to the monuments of church and secular law in Ukraine of the 14th–18th centuries; track diff erences in the punishment of criminals; determine methods of killing and hiding traces. The research methodology is based on the principles of scientifi city, historicism and objectiv- ity. Th e main method is historical anthropology, the methods of analysis, synthesis, historical- comparative are also involved. Th e scientifi c novelty consists in highlighting the problematic issue of the history of childhood (infanticide), which for this period remains poorly researched, as well as in the use of sources that were also not involved by domestic historians in the study of this problem. Conclusions. Princely statutes recognize the killing of an infant as a crime, instead omitting references to women’s eff orts to get rid of the fetus while still in the womb. More infor- mation about the crime of infanticide is provided by the Lithuanian statutes, “Laws by which the Little Russian people are judged”, helm books and confessional questionnaires. It was possible to single out several ways of committing this crime, which are divided into those committed during pregnancy and aft er childbirth (regarding the fetus in the mother’s womb and regarding the new- born child, respectively). It was established that killing the fetus and causing a miscarriage was possible in several ways: using special “potions” (in our opinion, the most widespread), which could have a harmful eff ect on the female body, as well as resorting to excessive physical exer- tion. Women could also go the other way: mask visible signs of pregnancy, wait for childbirth, which was impossible to predict, and therefore had to act depending on the circumstances, and lose the life of the newborn. Th is could be done in the following ways: drowned (thrown into a pond or well), buried in the ground, burned, given to domestic or wild animals, suff ocated in sleep in the parent’s bed, etc. Norms of ecclesiastical and secular law have a negative attitude towards such crimes, for which fairly severe punishments are provided. Although it was diffi cult to prove a woman guilty of infanticide in court (the accused could always say that the child was stillborn, which served as a kind of justifi cation). Th e main goal of infanticide is to get rid of an unwanted child as quickly as possible, keeping everything a complete secret. But things did not always happen exactly like that, because it was not rare that child killers were exposed.

Disclosure policy design and regulatory agent behavior

AbstractMandatory disclosure promotes self‐regulation of product quality but may also provide incentives for firms to manipulate disclosed information. Collection of quality information by inspectors protects against direct manipulation, but firms may attempt to unduly influence inspectors. In Las Vegas, Nevada, food‐service health inspections are numerically scored, with health code violations from three categories carrying prescribed demerit amounts. For disclosure however, numeric scores are coarsened into letter grades, which may encourage lobbying of inspectors to under‐report violations near threshold scores. Beginning in 2013, the demerit amount prescribed for each good‐practices violation was reduced from 1 to 0; whereas the letter‐grade scale and penalties prescribed for major and critical violations (3 and 5 demerits each) remained unchanged. Exploiting this removal of scoring implications from good‐practices violations, coupled with the discontinuous punishment severity inherent in letter‐grade disclosure, I find that inspectors significantly under‐reported good‐practices violations prior to 2013—by 31%–90% in some cases—when those violations were likely to affect letter grades. Without careful design, disclosure policies supplementing inspection programs may inadvertently undermine the regulatory efforts they were meant to support.

Law incentives for juvenile recruiting by drug trafficking gangs: empirical evidence from Rio de Janeiro

We evaluate the deterrence effects of the age of criminal responsibility on total drug trafficking and homicide crimes per age, based on a quasi-experiment generated by differences in punishment severity for these crimes prescribed by the Statute of the Child and Adolescent and by the Penal Code in Brazil. To this end, information from arrests conducted by the civil and military police of Rio de Janeiro in 2016 and 2017 is used to estimate the local effects of treatment through a Regression Discontinuity Design. Instead of using recidivism data and/or grouping crimes with distinct punishment severity, we use as an outcome variable the total number of arrests (crimes) per age for drug trafficking and homicides, which are the most common crimes related to organized crime in Rio de Janeiro. The results indicate that, ceteris paribus, the increase in punishment severity generated by the Penal Code can reduce the number of drug trafficking-related crimes by 9% and homicides by 37%. Through simple cost–benefit analysis, we suggest that increasing the punishment severity for minors who commit homicide could reduce juveniles’ engagement in a criminal career associated with gangs and generate gains in social well-being.

RESPONSIBILITY FOR “BULLYING” FOR JUVENILE OFFENDERS AND THEIR PARENTS

Relevance. Bullying is systematic harassment, using public insults, including the use of the Internet, threats, the use of violence and the commission of other actions degrading honor and dignity. Research objective. There is civil, administrative and criminal liability for juvenile offenders who commit such acts towards their peers. Research methods. Analysis of legislation was applied. Main results. According of the Civil Code a citizen has the right to demand refutation of information discrediting honor or dignity in court. Minor violators of  years and less are not liable but their parents are responsible. From the age of  a minor can be brought to civil liability, and in case of insuffi cient funds, together with parents. That is, humiliation of the honor and dignity of another person, expressed in an indecent or other form contrary to generally accepted norms of morality, according to Part  of Article . of the Administrative Code, may entail the imposition of an administrative fi ne on citizens in the amount of - rubles. A similar violation committed publicly using the Internet, or against several people, including those not individually identifi ed, threatens to impose a fi ne of - rubles. The violator who has reached the age of  is subject to such responsibility. The most severe punishment in accordance with Article  of the Criminal Code is established for bringing a person to suicide or attempted suicide by threats, ill-treatment or systematic humiliation of the human dignity of the victim. Such an act, if committed against a minor, or on the Internet is punishable by imprisonment for a term of from  to  years. A -old malefactor is criminally liable for committing such an act. Conclusion. Bullying is a socially dangerous act for the commission of which three types of legal liability are provided.

Relationship between parenting styles and school bullying behaviour among adolescents

In recent years, the pervasive issue of school bullying has surfaced as a focal point of concern, given its deep-seated implications on the mental and emotional well-being of adolescents. This paper seeks to unearth the complex relationship between parenting styles - classified as authoritative, authoritarian, permissive, and uninvolved - and the prevalence of bullying behaviours among adolescents in school environments. Through a meticulous analysis of recent empirical studies, the paper highlights the significant influence parenting styles exert on a child’s developmental trajectory, molding their attitudes, behaviours, and peer interactions. Particularly, the study underscores the role of authoritative parenting as a protective factor against bullying, fostering resilience and positive peer relations. In contrast, authoritarian and uninvolved parenting styles may potentially fuel bullying tendencies due to the absence of warmth and the establishment of rigid rules and severe punishments. The paper further identifies a notable gap in current research, emphasizing the necessity for comprehensive studies that integrate cultural nuances to develop culturally sensitive intervention strategies. In aiming to pave the way for safer and more nurturing school environments, this research illuminates the potential strategies through parental interventions to mitigate the negative impacts of bullying, promoting positive child and adolescent development globally.

Choosing more aggressive commitment contracts for others than for the self

Abstract Commitment contracts are a strategy for binding self-control failures, such as skipping a gym visit or breaking a dieting regime, to monetary penalties. Despite evidence that commitment contracts with stronger penalties improve self-control, they are relatively underused. Across 5 experiments, we find that decision makers are less likely to select commitment contracts with more severe penalties (i.e., anti-charity contracts) for themselves than they are for others. This self-other difference in contract choice arises because decision makers believe anti-charity contracts will be more effective for others than for themselves. Our results suggest that people recognize the potential effectiveness of using more aggressive commitment contracts to overcome self-control problems, but view themselves as an exception to that general rule.

Research on Judicial Practice of Crime of Refusing to Pay Labor Remuneration: Case Study

The crime of refusal to pay labour remuneration has been implemented in China for more than a decade, but its standard of conviction and effects in practice are yet to be further examined. By analysing the judicial cases, this article finds that some constitutive elements of this crime are quite obscure and controversial and there is a lack of uniformity in the scale of penalties, resulting in a mismatch between the severity of crime and punishment. In order to achieve the goal of combating the behavior of malicious non-payment of wages, it is recommended that the subject of this crime should be expanded, the subject intent of the criminal should be underscored, and the penalties shall be appropriate to the severity of the criminal’s behavior, so as to reach a balance between the combat of crimes and protect the legitimate interests of workers, as well as maintain the social economic order.

Three Dimensions Influencing the Transformation of Modern China's Death Penalty Perceptions

The issue of the abolition or retention of the death penalty has recently garnered extensive attention from both the public and the scholarly community. This study elucidates three principal factors shaping China's death penalty policy: Firstly, public opinion, manifested as a sociocultural legacy, generally endorses the severity of capital punishment; secondly, the impact of Western modern conceptions of the death penalty challenges traditional Chinese perspectives, primarily through a reevaluation of individual rights and human dignity; and thirdly, international human rights paradigms are influencing domestic legislative policies in China, indicating a gradual alignment with global human rights norms. Upon comprehensive analysis, it can be concluded that while there exists some degree of legitimacy in China's death penalty policy, the country is currently trending towards a more judicious application of capital punishment under the composite influence of the aforementioned dimensions. This trend reflects a profound shift in underlying values and legal culture. Therefore, it is foreseeable that China may progress along the path of incremental abolition of the death penalty in the future.

Analyzing Five-Year Trends of Environmental Crimes in Misamis Occidental: Basis for Crafting Intervention Plans

Addressing environmental crimes is an illegal behavior which means that by doing this, it is possible to affect our individual lives. This study explored the environmental crime in the province of Misamis Occidental in the past five years. The descriptive-correlational design was the research design used in the study. The data that was acquired from the DENR office. In order to help the competent authorities create inventive strategies, the trend of environmental crimes in the province of Misamis Occidental during the last five years has been examined. The data shows that environmental crimes have significantly increased over the previous five years, with illegal logging and unlawful disposal of hazardous waste being the most common infractions. The study also demonstrates that the absence of enforcement and regulation contributes to the persistence of these crimes. To address these problems, the authority may think about enacting more severe fines and punishments for the environment to encourage responsible environmental activities, crimes must be reduced, enforcement must be strengthened, and awareness and education initiatives must be launched. These tactics might contribute to decreasing environmental crimes and increasing the province's environmental sustainability. In conclusion, conducting a comprehensive analysis of the five-year trends of environmental crimes in Misamis Occidental is essential and urgent. The insights gained from this study will play a pivotal role in formulating evidence-based intervention plans, empowering the authority to combat environmental crimes effectively and safeguard the province's natural resources for future generations. This study will serve as a crucial basis for crafting effective intervention plans by the authority. By understanding the patterns and dynamics of environmental crimes over a significant period, the authority will be equipped with invaluable insights to develop targeted prevention, enforcement, and restoration strategies.

Zoombombing: causes and preventions

This paper aims to share the Zoombombing: a new phenomenon that emerged during COVID-19, its causes, and measures to prevent Zoombombing. Finally, it provides recommendations to prevent such incidents. Zoom emerged as the most popular alternative teaching tool during COVID-19. However, even though Zoom has utilized state-of-the-art encryption methods, it has underestimated privacy expectations among its exponentially growing customer base. Zoom has many options settings for users to customize and secure their videoconferencing platform to minimize Zoombombing. However, some users overlook these security features, which leaves them vulnerable to offensive material displayed by attackers in a virtual classroom setting. Furthermore, most Zoombombings were made by insiders who had legitimate access to Zoom meetings, particularly students in high school and college classes. To reduce Zoombombing, teachers can enable settings, such as waiting room, restricting access to screen-share, and physical reporting. Moreover, severe institutional punishment for the attackers and their insider supporters can discourage such activities.

КАДРОВЫЙ СОСТАВ ОФИЦЕРСКОГО КОРПУСА ПОЛЕВЫХ ПОЛКОВ СИБИРСКОЙ ДИВИЗИИ В КОНЦЕ XVIII В.

The paper attempts to identify the features inherent in the military reforms of Emperor Paul I (1796–1801) on a regional scale, on the territory of Siberia. The personnel composition of the staff and chief officer ranks of the field regiments of the Siberian Division is considered according to the data for 1798–1799. The parameters such as the age and social origin of officers, the time of their military service and combat experience, disciplinary indicators are analyzed. As a result of the research, it was found that not all of Paul I’s innovations were put into practice in the field units of the Russian army stationed in Siberia by the end of the 18th century. In particular, the Russian nobles made up a significant but not dominant group among the officers, and most of them belonged to small-scale or had no serfs at all. The group of hereditary military, persons of non-noble origin, staff and chief officers’ children, was increased. Neither the widespread idea of the predominance of foreigners in command positions during the reign of Paul I, nor the popular thesis about the massive spread of severe disciplinary punishments in the Russian army, could be confirmed. In addition, the reforms resulted in decreasing to a certain extent the combat capability of these units, as evidenced by the significant rejuvenation of the personnel of their officer corps and the obvious lack of experience of participation in hostilities among most officers.