Search results
1 – 10 of over 2000This 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
Keywords
In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is…
Abstract
In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is conceived and translated into practice by professionals supervising probation and community services. The findings suggest the reform that led to the new ‘substitutive sanctions’ also introduced a new risk-oriented-managerial culture that has permeated how punishment is currently enforced and envisaged by supervision professionals; a situation that has been deepening over the years, not only through practice, but also via on-going training that has helped to generate the emergence of ‘cultural’ capital that distinguishes supervision professionals from the larger organisation. This has been combined with a rapid expansion in the use of substitutive sanctions, especially probation and ‘partial reclusion’ that can aptly be analysed under the ‘mass supervision’ premise.
Details
Keywords
Boris Ananyev, Bruno S. Sergi and Yan Vaslavskiy
This chapter considers anti-Russia sanctions and their role in the country’s sustainable development. The authors consider sanctions against Russia in the general context of…
Abstract
This chapter considers anti-Russia sanctions and their role in the country’s sustainable development. The authors consider sanctions against Russia in the general context of restrictive measures as an instrument of international economic activity. The nature of the anti-Russia sanctions is analyzed in the chapter. A chronology of the introduction of restrictive measures against Russia is discussed. The authors consistently examine the negative consequences and positive aspects of the anti-Russia sanctions in the general political and economic context. Due to duplicitous implications of the sanctions, attention is paid to the import phaseout policy, which has been proclaimed and implemented by Russia. In addition, reciprocal restrictive measures (counter-sanctions), which are introduced by Russia in response to the actions against the country, have been considered in the chapter. Regarding the Russian economy as an inherent part of the world economy, the authors present their conclusions on how reciprocal restrictive measures cause damage to the interests of all parties involved in the process.
Details
Keywords
Maraike Wenzel and Sami Faltas
On December 24, 1989, an armed insurrection began in Liberia. Charles Taylor, a former government official, led a rebel force, the National Patriotic Front of Liberia (NPFL), into…
Abstract
On December 24, 1989, an armed insurrection began in Liberia. Charles Taylor, a former government official, led a rebel force, the National Patriotic Front of Liberia (NPFL), into the north-eastern Nimba County. A breakaway faction, the Independent National Patriotic Front (INPFL), led by Prince Yormie Johnson gained control of central Monrovia – the capital – and killed the President Samuel Doe. The Economic Community of West African States (ECOWAS) intervened in August 1990, sending monitoring troops (the ECOWAS Military Observer Group, ECOMOG), and convened a national conference which elected an Interim Government of National Unity. In October 1990, ECOMOG established a neutral zone in Monrovia where Dr. Amos Sawyer was installed as Interim President in November. Various different factions and opposition groups were formed and clashes between the rebel groups and the Liberian army continued.
The popularity of arms embargoes makes sense on the one hand but can be puzzling on the other. Since arms are a type of good often linked directly to war and peace as one of the…
Abstract
The popularity of arms embargoes makes sense on the one hand but can be puzzling on the other. Since arms are a type of good often linked directly to war and peace as one of the central objects of international politics, stemming the flow of arms to a country or group accused of acting against international peace and security is a logical response. However, while this reaction is frequent, it is not generally regarded as being effective. In fact, arms embargoes have a reputation of not functioning well. One can find many references, in academic literature and policy papers alike, which state that arms embargoes “do not work” that they are “ineffective” or that they are “not worth the paper they are printed on.” The paradox that sanctions are deemed to be of little consequence but are still popular among policy-makers (Baldwin, 1997) is particularly striking.
The purpose of this paper is to illustrate how intelligent terrorist financiers avoid detection when acquiring and subsequently transferring financial assets to finance terrorism…
Abstract
Purpose
The purpose of this paper is to illustrate how intelligent terrorist financiers avoid detection when acquiring and subsequently transferring financial assets to finance terrorism. Particular emphasis is placed on cryptocurrency.
Design/methodology/approach
A qualitative content analysis of 30 semi-standardised expert interviews with both criminals and prevention experts led to the identification of means for the circumvention of current combat the financing of terrorism (CFT) measures with a focus on cryptocurrency.
Findings
The findings illustrate, for the benefit of law enforcement agencies, investigators, regulating authorities and legislators, the specific low-risk methods that terrorist financiers use to generate and transfer assets. These findings help to develop more effective prevention methods.
Research limitations/implications
Qualitative findings from the analysis of semi-standardised interviews are limited to the 30 interviewees’ perspectives.
Practical implications
Identification of gaps in existing CFT mechanisms provides compliance officers, law enforcement agencies and legislators with valuable insights into how criminals operate.
Originality/value
The existing literature focuses on organisations that combat terrorist financing and the improvement of CFT measures. This article outlines how terrorist financiers avoid detection. Both preventative and criminal perspectives are considered.
Details
Keywords
David Shaw, Helene Seaward, Felix Pageau, Tenzin Wangmo and Bernice S. Elger
This paper aims to describe and analyse Swiss prisoners’ and experts’ views on collective punishment, the practice where a group is punished for one person’s transgression.
Abstract
Purpose
This paper aims to describe and analyse Swiss prisoners’ and experts’ views on collective punishment, the practice where a group is punished for one person’s transgression.
Design/methodology/approach
A series of qualitative interviews with prisoners and stakeholders are reported following thematic analysis.
Findings
Despite being forbidden by the Geneva Convention and other international instruments, participants from this study expressed the view that collective punishment continues to be practiced in some form in prisons in Switzerland, violating the rights of prisoners via unjust and arbitrary decision-making, unjust rules, inequalities in prison structures and continuation of incarceration based on the behaviour of others. Families can also be both victims and vectors of collective punishment, and prolonging the detention of prisoners who would otherwise have been released because of rare high-profile cases of reoffending can also be considered a form of collective punishment.
Originality/value
These significant findings suggest that collective punishment in various forms continues to be used in Swiss prisons.
Details
Keywords
The concept of sustainable leadership is increasingly gaining popularity among organizational scholars. However, empirical evidences for the effectiveness of sustainable…
Abstract
The concept of sustainable leadership is increasingly gaining popularity among organizational scholars. However, empirical evidences for the effectiveness of sustainable leadership are still lacking. This study investigated whether and how diverse elements of sustainable leadership influence the effectiveness of organization. Analyzing the large data collected from the employees of diverse U.S. federal agencies, this study found that sustainable leadership practices explained a significant variance of diverse aspects of organizational effectiveness. However, the different elements of sustainable leadership influenced the different aspects of organizational effectiveness to a different degree. The results showed that the relative strengths of the effects of each element of sustainable leadership differed across different aspects of organizational effectiveness. For example, promoting work/life balance was the most significant predictors of employee satisfaction, while its effect diminished when investigated against other aspects of organizational effectiveness.
The purpose of this study is to explore the pattern of expansion of overseas market for wage earners, inflow of remittances, its disposal pattern and the extent of non-productive…
Abstract
Purpose
The purpose of this study is to explore the pattern of expansion of overseas market for wage earners, inflow of remittances, its disposal pattern and the extent of non-productive investments.
Design/methodology/approach
It analyzed behavioral differences between semi-urban and rural households using primary data collected from 78 remittance recipients in Comilla district. Most of the results were produced using arithmetic analytical tools. Besides, one regression model was fit to quantify the effect of a few identical factors on remittance receipts for semi-urban and rural households.
Findings
Members of semi-urban families were early expatriates, who remitted larger amount than rural ones. Years of schooling and overseas experiences had larger marginal effects on remittance amount in rural area compared to semi-urban one. However, aging and overseas labor freedom influenced negatively anywhere. Rural households were more cautious in spending who had lower remittance elasticity than that of semi-urban ones except of capital items. Household assets were concentrated to lands, home appliances and gold ornaments, the rate of return of which were one-tenth of market interest rate.
Practical implications
Non-productive investments were concentrated the most to land for rural households and to ornaments for semi-urban ones. However, education and healthcare appeared as necessary elements in livelihoods, for which households might move toward human resource-related investment schemes.
Originality/value
This study measured the sensitivity with household spending to remittance receipts and why the remittance was not moving into productive schemes in the process of urbanization.
Details
Keywords
This study aims to focus on understanding the prison environment, inmates’ behavior and perceptions of the prison environment, analyzing the degree of awareness, rehabilitation…
Abstract
Purpose
This study aims to focus on understanding the prison environment, inmates’ behavior and perceptions of the prison environment, analyzing the degree of awareness, rehabilitation and the programs that apply to prisons in both countries. It is assumed that the data that emerge from this research will contribute to a better understanding of the prisoner’s world of their perception about the prison environment in Kosovo and Finland. The study focused on inmates’ perception about the prison environment and their attitudes toward their sentences.
Design/methodology/approach
Qualitative study through in-depth interviews.
Findings
The results of this study indicated that inmates in Kosovo perceived the prison environment in a very negative light. The main reasons for this were the dissatisfaction with their status of being inmates and also lack of an appropriate classification of inmates. However, even though inmates in Finland perceived prison environment in a positive light, they still think that more educative programs are needed.
Practical implications
The results of this study indicated that Kosovo Correctional Service should implement more rehabilitative programs and improve its classification system. Criminal Sanction Agency in Finland as per results should increase efforts for implementation of new programs and aftercare action plans.
Originality/value
To the best of the author’s knowledge, it is the first research on inmates in two countries Kosovo and Finland, and this added new knowledge to the existing information about the prison environment in Kosovo and Finland. The results of this research gave an idea to respective institutions to add new rehabilitative and aftercare programs.