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Abstract

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Dealing With Change Through Information Sculpting
Type: Book
ISBN: 978-1-80382-047-7

Book part
Publication date: 10 October 2014

Aleksandr Khechumyan

This chapter aims to demonstrate that the fundamental human rights principle that no one should be subjected to (grossly) disproportionate punishment should be interpreted to take…

Abstract

Purpose

This chapter aims to demonstrate that the fundamental human rights principle that no one should be subjected to (grossly) disproportionate punishment should be interpreted to take into account terminal illness of the offender. It should be applied both during imposition of the sentences and also during execution of already imposed sentences.

Design/methodology/approach

In order to reveal whether this principle takes into account serious medical conditions, including terminal illness of the offender in the calculus of the proportionality of punishment and whether it is applicable at the execution stage of sentences, this chapter examined the roots of the fundamental human rights principle of proportionality of punishment by briefly surveying the penal theory, jurisprudence, court cases, laws, and legislative history from the U.S. federal and state jurisdictions and from Europe.

Findings

There is a consensus among surveyed theories that terminal illness of the offender is an element of the principle of proportionality of punishment. Thus the fundamental human rights principle must be interpreted to take it into account. The principle should be observed not only at the imposition stage, but also at the execution stage of already imposed sentences.

Originality/value

This chapter re-examines the roots of the fundamental human right to not being subjected to (grossly) disproportionate punishment. It does so in order to demonstrate that the right should be interpreted to take into account terminal illness of the offender and that it should be observed not only at the imposition stage, but also at the execution stage of already imposed sentences.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

Content available
Book part
Publication date: 29 March 2022

Abstract

Details

Gender, Criminalization, Imprisonment and Human Rights in Southeast Asia
Type: Book
ISBN: 978-1-80117-287-5

Book part
Publication date: 17 October 2023

S. Janaka Biyanwila

The Rajapaksa regime over the 2005–2022 period promoted a national-popular project based on a militarised Sinhala-Buddhist nationalism promoting a market-driven rentier economy…

Abstract

The Rajapaksa regime over the 2005–2022 period promoted a national-popular project based on a militarised Sinhala-Buddhist nationalism promoting a market-driven rentier economy. It illustrated a form of patrimonial capitalism undermining public accountability and the efficacy of the state bureaucracy. This popular-national project was dependent on strengthening ties with China while distancing relations with India and the Global North (USA and the EU). The ways in which the external relations were coordinated reinforced discrimination against Tamil and Muslim communities, while disregarding their demands for justice and reparations. The increasing integration of the economy with financial markets, driven by the Central Bank, amplified the commercialisation of the state, restraining public revenues and state oversight. Meanwhile, the militarisation of the state involved the commercialisation of the military, opaque military budgets and violent repression of protests. The Rajapaksa regime, which enabled a minority-privileged (leisure) class to culturally flourish in regulated safe spaces, also instigated multiple protests from below demanding democracy as well as justice.

Details

Debt Crisis and Popular Social Protest in Sri Lanka: Citizenship, Development and Democracy Within Global North–South Dynamics
Type: Book
ISBN: 978-1-83797-022-3

Keywords

Content available
Book part
Publication date: 21 July 2022

Ian Ruthven

Abstract

Details

Dealing With Change Through Information Sculpting
Type: Book
ISBN: 978-1-80382-047-7

Book part
Publication date: 2 November 2009

Christophe Terrier

The importance of tourism for France's economy and society means that proper knowledge of tourism flows is essential. But designing a measuring system and periodic gathering of…

Abstract

The importance of tourism for France's economy and society means that proper knowledge of tourism flows is essential. But designing a measuring system and periodic gathering of statistical data raise several difficulties. First, tourism is, by definition, based on movement, and all phenomena involving movement are difficult to measure. Second, there are many different forms of tourism, including holidays and business trips, short and long stays and so forth. Third, the notion of tourism flows has different meanings for those in charge of road, rail or air traffic management, and for those in charge of tourist visits.

This paper first discusses the ambiguities of the notions used in tourism studies. It emphasises the distinction between tourist flows along transportation routes and those in specific places. It then reviews the proper calculation rules for each of the geographical objects used for measuring tourism phenomena, which are primarily lines and areas. It also addresses some of the problems raised by the failure to comply with these rules in published information.

Third, this paper presents the various systems used to measure tourist flows and inflows, and discusses their usefulness and limitations, before discussing some new developments in the field.

Finally, it examines the potential value of modern communication technologies for mobility studies. More specifically, it raises the issue of striking the right balance between statistical accuracy and individual freedom.

Details

Transport Survey Methods
Type: Book
ISBN: 978-1-84-855844-1

Abstract

Details

Sensory Penalities: Exploring the Senses in Spaces of Punishment and Social Control
Type: Book
ISBN: 978-1-83909-727-0

Book part
Publication date: 21 March 2023

Ezgi Ildirim

Recently researchers working on criminal behaviour have interested in elder offenders as the population is getting older. Crime statistics showed that the number of offenders over…

Abstract

Recently researchers working on criminal behaviour have interested in elder offenders as the population is getting older. Crime statistics showed that the number of offenders over the age 55 is increasing each year. These statistics revealed that older people engage not only in minor crimes but also engage in serious crimes. One of this kind of crimes is sexual abuse which is defined as sexual offending against the individuals who are incapable of giving consent. Although public view regarding to elder people sexuality is seen as they are incapable of this kind of acts because of their age, the statistics showed that contrary. Yet the reasons behind the offending behaviour of these elderly people is explained little by the researchers. The aim of this chapter is to review the psychological perspective including neurobiological, psychiatric, cognitive and behavioural perspective. Neurobiological and psychiatric approach mainly focused on disease that lead to criminal conduct like dementia or paedophilia. Cognitive approach emphasises the cognitive distortions regarding to sexual abuse behaviour. Behavioural approach proposed that the learning process based on classical conditioning and operant conditioning determine the sexual abuse behaviour. Yet none of the theories alone not enough to explain the sexual abuse behaviour in elderly people. There is a need for more studies on sex offending behaviour of elderly people in order to have comprehensive understanding of their behaviour and to put forward new theoretical models.

Book part
Publication date: 21 March 2023

Delali A. Dovie

This chapter seeks to present an in-depth understanding of the dynamics of the experience of criminal involvement in old age, drawing on data from a descriptive, phenomenology…

Abstract

This chapter seeks to present an in-depth understanding of the dynamics of the experience of criminal involvement in old age, drawing on data from a descriptive, phenomenology study with 20 offenders aged 50 and over at a total institution in Ghana. The findings show that the onset of offending in later life is embedded in diverse scenarios including a survival strategy pertaining to engagement in economic activities for survival with retirement planning implications. Correspondingly, the crimes committed are violent, namely, murder, causing physical harm, food poisoning, and those that are non-violent, namely, narcotics dealings, petty thievery in nature. Among others, cognitive impairment/dementia and poverty are contributory factors to the incarnation of older offenders between one month and 27 years. The older offenders were involved in second line criminal activities, namely, the sale of stolen goods obtained from first liners. Compliance with prison rules incentivised reduced prison sentence years, fostered peace of mind. Tipping colleague inmates to execute allotted prison work is another coping strategy resulting from inability to do same. Imprisonment induced Christianity-oriented reformation, served as an integrative factor between criminality and serving prison sentence(s). Also worth reiterating is the fact that imprisonment may induce stigmatisation and isolation-related loneliness, while serving as an antidote to the pangs of loneliness with consequences for recidivism among older offenders. Gerontological offending has debilitating effects on older adults and is associated with the social isolation of an age cohort that is already predisposed to witchcraft accusations. The conduction of cognitive impairment/dementia tests on older offenders may moderate the sentence they receive.

Details

Not Your Usual Suspect: Older Offenders of Violence and Abuse
Type: Book
ISBN: 978-1-80071-887-6

Keywords

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