Specific Punishment Research Articles

Activities of penalty execution subjects as a factor in the implementation of its content

Subject of research: activities of subjects of execution of punishment, which are directly related to the regime of criminal punishment, based on a system of restrictions on a specific punishment. Purpose of research: to summarize the available and gain new knowledge about the impact of the activities of the subjects of execution of punishments in the exercise of their powers on the content of the punishment of criminal punishment and the system of criminal penalties in general. Methods and objects of research: the article uses the means and methods of cognition characteristic of science, ensuring objectivity, and relying on the fundamental laws and categories of the theory of knowledge and the dialectical method of studying phenomena. As a basic method that combines all the others, a system-structural one was used, which made it possible to conduct a scientific analysis of the research material. In addition, other methods of cognition were used: modeling, logical; generalization and description of the data obtained, etc. The study was carried out based on the criminological substantiation of the findings in the plane of objective theoretical and applied reality, from the subjective position of scientists and the personal view of the author. Main results of research: the influence of the activities of the subjects of execution of punishments on the process of convicts serving their assigned sentences was revealed, which lies both in the competencies of the institutions executing punishments and in the competencies of the persons vested with the authority to execute them. The author believes that further research into this issue will help achieve the goals of criminal penalties and improve the quality of implementation of the criminal penalties system as a whole.

Examining the Criminal Responsibility of Minors in Light of the 2013 Islamic Penal Code

Although Iranian criminal law, similar to other jurisprudential-legal schools, considers minors to lack criminal responsibility, it has explicitly addressed in various legal articles, including Article 88 of the Islamic Penal Code (IPC), the commission of crimes by this age group, and has specified discretionary punishments, Hudud, retribution (Qisas), and blood money (Diyat). However, due to the offender's age and lack of maturity, they are deemed deserving of protective and educational measures rather than punitive sanctions. The aim of this article is to examine the aspects of maturity and its impact on the criminal responsibility of individuals, followed by the type of judicial response within the framework of Iran's modern criminal policy. This research, using a descriptive-analytical method and gathering sources and documents through library-based studies, concludes that although the IPC refers to the criminal responsibility of minors in several articles, according to the explicit wording of Article 146 of the IPC, with reference to Article 2 of the IPC, which defines criminal behavior as one that entails a specific punishment, not protective and educational measures, the behavior committed by a minor cannot be considered a crime. Consequently, a minor never bears criminal responsibility, and protective and educational measures are solely for the purpose of discipline, correction, and preventing recidivism in the future.

Research on the Educational Gender Inequality and Affirmative Action in China

Since the 1970s, driven by economic growth, a number of laws and regulations have been passed in China to guarantee women's right to equal access to education and advance gender equality in the field. Higher education attainment in China has dramatically increased during the last few decades. However, girls still cannot have the equal opportunity for education compare to the boys due to the traditional attitude of preference for sons and limited educational resources. The purpose of this paper is to discuss the reasons for educational inequality in China from historical and economic perspectives, and compare educational equality in different countries, as well as the affirmative action implemented in China so far. This paper emphasizes the impact of historical reasons and son preference on gender inequality in education by collecting and analyzing data. What is more, this paper also compares affirmative action between China and other countries in order to come up with a better solution to eliminate educational gender inequality. The results show that the educational gender gap in China differs significantly between urban and rural areas. Moreover, the legislation in China lacks specific punishment and supervisory agencies, which makes it difficult to protect womens rights.

Comparing Teachers’ and Students’ Perspectives on the Treatment of Student Misbehavior

The treatment of student misbehavior is both a major challenge for teachers and a potential source of students’ perceptions of injustice in school. By implication, it is vital to understand teachers’ treatment of student misbehavior vis-à-vis students’ perceptions. One key dimension of punishment behavior reflects the underlying motives and goals of the punishment. In the present research, we investigated the perspectives of both teachers and students concerning the purposes of punishment. Specifically, we were interested in the extent to which teachers and students show preferences for either retribution (i.e., evening out the harm caused), special prevention (i.e., preventing recidivism of the offender), or general prevention (i.e., preventing imitation of others) as punishment goals. Therefore, teachers (N = 260) and school students around the age of 10 (N = 238) were provided with a scenario depicting a specific student misbehavior. Participants were asked to indicate their endorsement of the three goals as well as to evaluate different punishment practices that were perceived (in pretests) to primarily achieve one specific goal but not the other two. Results show that teachers largely prefer general prevention, whereas students rather prefer special prevention and retribution. This discrepancy was particularly large in participants’ evaluation of specific punishment practices, whereas differences between teachers’ and students’ direct endorsement of punishment goals were relatively small. Overall, the present research may contribute to the development of classroom intervention strategies that reduce conflicts in student–teacher-interactions.

Impact of Sexual Harassment on the Overall Well-Being of Female Senior Non-Teaching Workers of Public Tertiary Institutions in Ogun State, Nigeria

Cases of inappropriate sexual behaviours have been on the increase in Nigerian society and they transcend age limits and gender of the victims. This study examined the impact of sexual harassment on the overall well-being of female senior non-teaching workers of public tertiary institutions in Ogun State, Nigeria. Three research hypotheses were formulated and a descriptive research design was adopted for the study. The population used was 150 female senior non-teaching workers from the selected public tertiary institutions in Ogun State, Nigeria. Purposive and simple random sampling techniques were used to select 50 samples from each of the selected tertiary institutions. The data collected was analysed using descriptive statistic of frequency and percentage while inferential statistics was used to test the hypotheses. The findings of the study revealed that sexual harassment has a significant impact on the overall well-being of female senior non-teaching workers. Based on the findings of this study, it was recommended that the proprietors of these public institutions should make relevant legislation and regulations to guide against this as there seems to be no specific punishment for sexual harassment in the code of conduct of these institutions aside from lumping it up under general misconduct.

القواعد الفقهیة المؤثرة فی بدائل العقوبات السالبة للحریة

يعالج البحث توظيف القواعد الفقهية المؤثرة في العقوبات البديلة السالبة للحرية، والتي من شأنها أن تضبط سلطة القاضي في إيقاع العقوبة التعزيرية المناسبة للزمان، والمکان، والأشخاص، وتحقق مقصود الشارع الحکيم في ردع الجاني، وزجر غيره ممن تسول له نفسه ارتکاب الجرائم المخلة بأمن واستقرار المجتمعات، حفاظا على حياة الناس وأعراضهم وأموالهم، وتحقيقا للردع العام، وقد خلص البحث إلى بيان أن الشريعة الإسلامية قد وسعت خيارات القاضي في سن العقوبات التعزيرية، ولم تقصر اجتهاد القاضي على عقوبة بعينها، وأن القاضي من خلال دراسته لقاعدة الضرر ومراتبه، وغيرها من القواعد الفقهية، إذا تبين له أن عقوبة السجن ضررها أشد من الضرر الناتج عن الجرم، وجب عدوله عن السجن إلي بدائله التي ينتفي فيها الضرر أو يقل. The present research deals with the employment of the jurisprudential rules affecting alternative penalties depriving freedom, which would control the authority of the judge in the imposition of the discretionary punishment appropriate to the time, place, and people. Such rules would achieve the goal of legislation, deter the perpetrator, rebuke others who might be thinking about committing crimes that undermine the security and stability of societies, and safeguard people’s lives, families, and money. The research concluded with a statement that the Islamic Shariʿah has expanded the judge’s options for enacting discretionary punishments, and did not limit the judge’s jurisprudence to a specific punishment. In addition, if it becomes evident to the judge, through his study of the rule of harm and its ranks and other jurisprudential rules, that the prison sentence has more harm than the harm resulting from the crime, he must opt for alternatives with less or no harm.

CHANGING THE CONDITIONS OF SERVING SENTENCES IN CORRECTIONAL INSTITUTIONS AS A FORM OF IMPLEMENTING A PROGRESSIVE SYSTEM OF EXECUTION OF SENTENCES

The article considers the institution of a progressive system of execution of punishment, in particular, one of its elements - changing the conditions of serving a sentence within one type of correctional institution. A progressive system of execution of sentences is defined as options for an individualized approach defined by the legislator when changing the conditions of execution and serving a sentence in the direction of expanding or narrowing the legal status of a convicted person, taking into account their attitude to the requirements of a specific punishment regime, corrective measures and behavior. It is noted that this system assumes the possibility of changing the conditions of detention of convicts and serving sentences both within the same institution, and by changing their type. The content and goals of changing the conditions are determined, and the analysis of the legal grounds for the transition to conditions that expand the legal capabilities of the convicted person and tighten his position is given. The author identifies problematic issues in the legal regulation of changes in the conditions of serving a sentence of imprisonment and suggests legislative initiatives to level them.

Партисипативное принятие городских решений: правовые ожидания граждан

The article describes the results of sociological research aimed at identification of the citizens` demand in the legal consolidation of opportunities for and results of their participation in urban decision making. A mass semi-structured interview with a selection scope ensuring the statistical spread of no more than 5 % at the confidence level of 0,95 was used as a data collection method. The research was carried out in Tomsk in August 2020. The main results showed that the majority of residents asserted the right of participation in urban decision making and were ready to exercise it. The social participation experience allowed the citizens to identify the issues related to the execution of the decisions and communications during the decision elaboration and to formulate the areas of the participative interaction improvement. The improvement of procedures implies larger information sharing, reporting from municipal government and implementing regular surveys of citizens. From the citizens` standpoint, statutory consolidation is needed in respect of the obligations of the government authorities to make decisions together with citizens and in respect of the issues relevant for citizens, to react and execute decisions without delay, notably with specific punishment measures for non-performance or distortion of data. Obligatory procedures of participative technologies should be surveys, meetings, publication of all information, operation of a single phone number and a hot line, text message mailout, public control over performed works. The municipal practice in general is lagging behind the requests of the modern active, competent and demanding society.

Efforts of Indigenous Knowledge in Forest and Wildlife Conservation: A Case Study on Bulang People in Mangba Village in Yunnan Province, China

In rural areas, indigenous knowledge plays an important role in the protection of forests and wildlife, but the rapid developments occurring in the society and economy impose several challenges to the continued role of indigenous knowledge. This study records how a Bulang village in the Yunnan Province of China uses indigenous knowledge to protect forests and wildlife and analyzes the underlying reasons. In this study, we found that even without specific punishment measures, local people effectively controlled the use of natural resources through moral constraints, public-opinion constraints, and worship rituals. Furthermore, they formed a forest- and wildlife-protection system with banyan trees and the Derbyan Parakeet at the core. This protection system is based on primitive nature worship and indigenous knowledge passed down orally from generation to generation. Such knowledge inheritance reflects the relationship between local people and nature. However, the lack of scientific guidance regarding ecological protection may lead to the destruction of the ecosystem. One such instance is illustrated using birdwatching tourism, for which the Bulang people are attracting birds by artificial feeding. This practice, while prescribed by indigenous knowledge, deviates from scientific knowledge on ecological protection. Therefore, we propose that there should be an intermeshing of indigenous and scientific knowledge to ensure the inheritance of and innovation in the former and effective biodiversity protection.

Criminal Force: Review of Islamic Law in Contemporary Context

Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.

A POSSIBILIDADE DE RECONHECIMENTO DA QUALIFICADORA DO FEMINICÍDIO EM FACE DA PRESENÇA DE OUTRA QUALIFICADORA SUBJETIVA NO CRIME DE HOMICÍDIO

O feminicídio é um novo tipo de homicídio qualificado, previsto pela Lei n. 13.104/2015, trata-se de um novo mecanismo no combate à violência doméstica contra a mulher, com o intuito de impor uma sanção mais severa ao homicídio praticado contra a mulher por razão da condição do sexo feminino no cenário de violência doméstica e familiar, e nas situações de menosprezo e discriminação à condição de ser mulher. Anteriormente a esta aludida lei não existia uma punição específica para o homicídio que praticado contra a mulher por razões que envolvessem o sexo feminino, assim, o feminicídio era penalizado de forma geral como simples homicídio qualificado, usualmente enquadrado como motivo torpe ou fútil, previstos no art. 121, §2°, incisos I e II. Ainda, acerca de sua natureza qualificadora, trouxe a relevante controvérsia sobre sua natureza ser objetiva ou subjetiva, porém predomina-se a corrente de que a qualificadora do feminicídio é de natureza subjetiva. Isto porque tal crime ocorre exclusivamente pela motivação do delito, que são consideradas subjetivas, pois não caberia falar em natureza objetiva por não dizer respeito ao modo ou meio de execução do crime. O objetivo desta pesquisa tem por escopo em compreender a possibilidade do reconhecimento da qualificadora de feminicídio como sendo de natureza subjetiva, cumulada com outra qualificadora também subjetiva (motivo torpe/fútil), permitindo punições mais rigorosas para crimes cometidos nessas circunstâncias.

THE IMPACT OF PANCASILA AS THE STATE IDEOLOGY OF INDONESIA TOWARD THE PROVISION ON DEATH PENALTY IN THE PENAL CODE BILL

Pancasila has been the state ideology of Indonesia since the day after the independence of Indonesia that is on the 18th of August 1945. It was formulated by our founding fathers by taking our own values and cultures inherited by our ancestors from some old kingdoms such as Kutai in Kalimantan, Sriwijaya in Sumatra, and Majapahit in Java. One year after the independence on the 17th of August 1945, Indonesian government promulgated Law No. 1 Year 1946 concerning The Penal Code on 26th of February 1946. Through this law the government at that time stated that Wetboek van Strafrecht voor Nederlandsch-Indie (W.v.S. Ned. Indie (S. 1915 No. 732) as the main written penal code and was formally called Kitab Undang-undang Hukum Pidana (KUHP) which in Article 10 provides death penalty as the heaviest main punishment. Dealing with that provision there has been a long debate among Indonesian people whether death penalty is in accordance with Pancasila or not. Netherlands as the home base of death penalty dropped it out from its penal code in 1870 because of the strong struggle of human right proponents. In Indonesia a research carried out in 1981/1982 by The Law Faculty of Undip collaborating with the The Supreme Court found out that both proponents and opponents of death penalty used Pancasila as “justification”. In the effort to give respect to both parties legal drafters of the Penal Code Bill provide death penalty as “specific punishment” and put it out of the main punishment in the Penal Code Bill.Key Words: Pancasila, State ideology, Legal drafters, Specific punishment, The Penal Code Bill.

Prospects for Accessing Justice for Sexual Violence in Liberia’s Hybrid System

This paper explores the prospects of complementary rather than competitive dispute resolution and justice systems in Liberia. It specifically considers women’s access to justice in relation to sexual and gender-based violence (SGBV), which remains prevalent in the post-conflict period, and in the context of a highly hybridised justice system. While the formal system has made great progress in reforming laws and institutions but is vastly under-resourced. Informal and traditional systems are widely considered more accessible and affordable. They are, however, also susceptible to corruption and co-option, and the state’s oversight and curtailing of specific conflict resolution and punishment practices is considered to have rendered these systems less effective. Significantly, some cultural and traditional practices are themselves considered to facilitate and promote SGBV. These factors make complementary systems an imperative while working to address the deficiencies of both systems.

Child's Privacy Jurisprudence and International Instruments

In the privacy rights of Shiite jurisprudence Iran directly noted instances of its use of the term is limited including the need to protect the privacy of the place with the explicit text of the Holy Quran. It's important to enter the house without letting others do not the civil rights of the Islamic Republic of Iran, which is Shiite jurisprudence emanating from pointed to some evidences of privacy. But in international documents under human rights law and conventions of privacy have been more effectively different categories of persons referred to in the privacy in Shiite jurisprudence and civil rights and the fundamental rights of the Islamic Republic of Iran. However, also examples of human beings considered independently about the child's privacy is something not stated. Although, due to the arrival of children, especially in social virtual communities appear to need immediate attention to children's privacy by lawyers. The drafters of civil law is necessary and international measures to develop laws in this case was conducted including raising the age to 16 years joined children to social networks can be mentioned which is also protect the privacy of physical and sexual children abuse. All psychologists’ attention and extreme caution is ding to conflicts. According to the children defenseless against this social problem that should be subject to specific and severe punishment for properties compared with adults who are physically punished are more defense capabilities and reason legislators should be.

Differences in National Sentencing Systems and the Differences They Make

Structural differences in sentencing systems and normative differences in the nature and influence of prevailing conceptions of justice make huge differences in patterns and practices in Western countries. In most, the views of elected politicians, the media, and the general public are believed to be irrelevant to sentencing decisions; prosecutors are politically insulated career civil servants and do not engage in plea negotiations concerning sentencing or that constrain judges’ choices; judicial fact finding is required in every case involving a conviction; imprisonment is believed to be harmful and to be used only as a last resort; community punishments are widely used in lieu of imprisonment; laws mandating specific punishments for specific crimes do not exist; and proportionality is believed by officials and scholars to be the fundamental requirement of punitive justice. The United States, usually the only one, is the outlier on each of the characteristics.

Commentary: Records, Relationships, and Reentries

This commentary highlights some of the key lessons from the preceding articles by Sarah Lageson on online criminal histories and Robert Apel on cohabitation and marriage. To provide additional perspectives on institutions and families, it draws briefly on interview data from the Minnesota Exits and Entries Project, comparing the reentry experiences of 18- to 25-year-olds leaving prisons, jails, the armed forces, the juvenile justice system, foster care, drug treatment, and mental health facilities. While the prison surely ranks among the most salient institutions for U.S. families today and as such merits close scrutiny, there is also great benefit in “escaping prison”: considering how the justice system might productively import or borrow ideas and programs from other institutional domains. In collectively showing how specific punishment conditions affect family life, we can provide the research base needed to help institutions better support individuals and families.

Examining the relationship between war and interest based transaction

Purpose – The purpose of this paper is to examine the relationship between war and interest-based transaction by analyzing the case of the late Ottoman Empire from a historical economic perspective. It also attempts to provide a deeper understanding of the Quranic verses where Allah has declared war against people who deal with interest. Design/methodology/approach – It provides a snapshot of major economic events that occurred in the last phase of the Ottoman rule that contributed in shaping the fate of the empire and, then, systematically explores them. Findings – A careful study of the chain of events reveals that there exists a strong relationship between war and interest-based transactions, as indicated in the parable given in the Quran where dealing with interest has been described as equivalent to waging war against Allah and His Messenger. The paper claims that Muslims are sure to be defeated in the hands of disbelievers if they themselves are at war with Allah and His Messenger by being involved in interest-based transactions, as validated by the case of the Ottoman Empire. The paper goes on to argue that this is why no specific punishment in this life is mentioned for this crime; rather extreme psychological pressure is imposed, so that the believers do not even consider getting close to dealing with interest. Originality/value – This paper addresses a missing component in the existing literature of Islamic economics where the political economic aspects of interest has seldom received due attention. A careful analysis of these issues is expected to help people better understand the dire consequences of dealing in interest on a micro level. On a macro level, it can always help to formulate prudent foreign policy by learning from the mistakes of our ancestors.

From Jones to Jones: Fifteen Years of Incoherence in the Constitutional Law of Sentencing Factfinding

With tens of thousands of persons sentenced every year in the United States, the contemporary American criminal justice system places undeniable importance upon the constitutional constraints governing the scope of the permissible and impermissible exercises of factfinding authority by sentencing judges in the course of determining the specific punishment to be imposed upon an individual convicted of a criminal offense. Yet for the past fifteen years the United States Supreme Court has failed to provide doctrinal stability and consistency to this crucial area of constitutional law. Even the most recent decisions, such as Alleyne v. United States (2013) regarding mandatory minimum sentencing provisions, have generated only more unpredictability in the doctrine and more disagreements among the justices’ viewpoints. The path to an enduring doctrinal solution is not readily evident, and the Court’s unwillingness to reach consensus leaves the constitutional law of sentencing factfinding trapped in an ongoing cycle of unpredictability and doctrinal incoherence.

Do negative emotions explain punishment in power-to-take game experiments?

An important branch of economic research on emotions has used power-to-take game experiments to study the impact of negative emotions, such as anger, irritation and contempt, on the decision to punish. We investigate experimentally the role that the specific punishment technology adopted plays in this context, and test to what extent punishing behavior can be truly attributed to negative emotions. We find that a large part (around 70%) of the punishment behavior observed in previous PTTG studies is explained by the technology of punishment adopted instead of negative emotions. Once this effect is removed, negative emotions do still play an important role, but the efficiency costs associated to them are much smaller.

Do Negative Emotions Explain Punishment in Power-to-Take Game Experiments?

An important branch of economic research on emotions has used power-to-take game experiments to study the impact of negative emotions, such as anger, irritation and contempt, on the decision to punish. We investigate experimentally the role that the specific punishment technology adopted plays in this context, and test to what extent punishing behavior can be truly attributed to negative emotions. We find that a large part (around 70%) of the punishment behavior observed in previous PTTG studies is explained by the technology of punishment adopted instead of negative emotions. Once this effect is removed, negative emotions do still play an important role, but the efficiency costs associated to them are much smaller.