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1 – 10 of over 2000
Book part
Publication date: 14 December 2023

Robert Werth

Drawing from interviews with individuals on parole, this chapter explores experiences of and responses to penal misrecognition. It documents that participants feel fundamentally…

Abstract

Drawing from interviews with individuals on parole, this chapter explores experiences of and responses to penal misrecognition. It documents that participants feel fundamentally misrecognised by the parole agency and penal state. They believe that the penal state views them as dangerous, defective and incapable of virtuous self-governance. Yet this is not how they perceive themselves. This leads to a delicate balancing act where participants refuse certain aspects of the penal state while accommodating others. On the one hand, individuals refuse parole’s misrecognition of them and reject the state’s authority to define who they are. On the other hand, they largely acquiesce to parole’s authority to supervise and regulate conduct. Turning to the concept of refusal highlights that individuals do not just attempt to resist penal power; rather, they flatly reject the state’s epistemic constructions. They do this by turning away from parole and by turning towards other forms of sociality beyond the penal state. This creates material and affective distance from parole and opens up space for self-recognition and for receiving positive recognition from others. In this way, individuals seek to minimise, move away from and/or bypass a penal intervention that is ostensibly designed to assist and support them.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

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Book part
Publication date: 14 November 2018

Fergus McNeill

Abstract

Details

Pervasive Punishment
Type: Book
ISBN: 978-1-78756-466-4

Abstract

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Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

Book part
Publication date: 14 December 2023

John Todd-Kvam

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an…

Abstract

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an overview of the penal field in Norway and how community sanctions and measures have evolved within it. The author uses the work of Wacquant and Bourdieu to argue that there are three important levels within the Norwegian penal field: political, policy and practice. The author also discusses how drivers from the political and policy levels are affecting community-based penal practice. Using McNeill’s dimensions of mass supervision, the author discusses the implications of these changes for three less-explored aspects of punishment in Norway: the serving of short sentences at home on electronic monitoring, supervision of people under 18 and ‘punishment debt’ enforcement.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

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Article
Publication date: 1 October 2002

Janusz Kochanowski

Considers the penal law in Poland since the change in regime from totalitarian to democratic state. Discusses the different approaches used and the change in crime over the…

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Abstract

Considers the penal law in Poland since the change in regime from totalitarian to democratic state. Discusses the different approaches used and the change in crime over the decade. Gives some statistics. States that Polish law will have to change to comply with European law as it strive to join the economic community. Concludes that the reader should “ponder anew the sense and role of penal responsibility” on an international scale.

Details

Managerial Law, vol. 44 no. 5
Type: Research Article
ISSN: 0309-0558

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Abstract

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Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

Book part
Publication date: 10 October 2014

Zelia Gallo

In this chapter I discuss judicial contributions to Italian penality. I look at the penal incentives produced by interactions between judicial and political classes, and ask…

Abstract

Purpose

In this chapter I discuss judicial contributions to Italian penality. I look at the penal incentives produced by interactions between judicial and political classes, and ask whether judges and prosecutors have been forces for punitiveness or moderation. I discuss the relevance of the Italian case for broader analyses of Western penality.

Design/methodology/approach

My chapter offers a political-sociological account of judicial contributions to punishment. I analyse the penal incentives created by different national institutional set-ups, specifically addressing judicial contributions to penality using a framework developed by Joachim Savelsberg and Nicola Lacey. The framework examines judicial structure in the institutional context looking at the penal implications of bureaucratisation of the judiciary and the capacity for co-ordination between judges and politicians. I include judicial legitimacy as an additional dimension in this framework.

Findings

I conclude that the Italian judiciary have been forces for punitiveness and moderation. Their contributions can be systematised by looking at the waxing and waning of judicial legitimacy, and the consequent expansion and contraction of judicial powers. I claim that judicial legitimacy is also relevant to other (‘non-Italian’) analyses of judicial contributions to contemporary Western penality.

Originality/value

By adding legitimacy to investigations of judicial contributions to penality I provide an organising principle with which to analyse the penal role of Italian judicial actors. I thus allow Italy to be kept in conversation with existing comparative models, without assuming that it either conforms to the models entirely, or that the models should otherwise be eschewed. I use the Italian case to demonstrate the relevance of legitimacy when analysing judicial contributions to Western penality, arguing that changing legitimacy affects the terms and effect of interaction between judicial and political classes.

Details

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

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Abstract

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Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

Open Access
Article
Publication date: 28 March 2023

Avitus Agbor Agbor

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…

Abstract

Purpose

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.

Design/methodology/approach

To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.

Findings

A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.

Originality/value

The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.

Article
Publication date: 15 May 2007

Bashar H. Malkawi and Hikmet O. Malkawi

The purpose of this paper is to examine the anti‐terrorist finance provisions in the Penal Law as well as the vulnerabilities in place that hamper more effective regime.

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Abstract

Purpose

The purpose of this paper is to examine the anti‐terrorist finance provisions in the Penal Law as well as the vulnerabilities in place that hamper more effective regime.

Design/methodology/approach

The paper identifies the pre‐September 11 legal structure in Jordan regarding terrorist finance. Since, then the amended Penal Law, promulgated on October 8, 2001, has emerged as the principal tool in addressing terrorist finance activities. The paper is divided into five sections covering pre‐existing statutory provisions on terrorist finance, Jordan's counterterrorist financing regime including money laundering law and directives, the anti‐terrorist finance provisions in the Penal with its constituent elements, Jordan's accession to the United Nations Convention for the Suppression of the Financing of Terrorism, and finally the paper provides a set of conclusions.

Findings

There are still many loopholes to close in Jordan's anti‐terrorist finance initiatives. There is a need for greater enforcement of existing provisions with an eye to expanding the scope of article 147(2) of the Penal Law to include Islamic banks, hawala, charities, and zakat. A clear definition of the term “terrorist activity” should be supplied in article 147(2) and penalties for terrorist finance offense should be tightened.

Research limitations/implications

Lack of publications or research on the subject of terrorist finance in Jordan in Arabic.

Practical implications

This paper will be very helpful for any individual interested in the legal regime of anti‐terrorist financing as it exists in Jordan.

Originality/value

This paper meets a need for an understanding of the Jordanian legal regime as applied to anti‐terrorist financing and offers insights to lawyers and academics.

Details

Journal of Money Laundering Control, vol. 10 no. 2
Type: Research Article
ISSN: 1368-5201

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