Search results
1 – 10 of 945Over 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.
Details
Keywords
Purpose – The purpose of this paper is to provide historical and current records about the state of Uqubat Hudud and/or Ta’zir against any person who performs gambling deeds that…
Abstract
Purpose – The purpose of this paper is to provide historical and current records about the state of Uqubat Hudud and/or Ta’zir against any person who performs gambling deeds that are in fact perceived to be ineffective in its implementation in Langsa City, as it still has not caused the maximum deterrent effect for the community in Kota Langsa. So there are always new actors to maisir action. Therefore, this research is to know the effectiveness of punishment for gamblers in Langsa City and to know the obstacle to punishment for gamblers in Langsa City.
Design/Methodology/Approach – The type of research used in this study is empirical research.
Findings – The findings of law enforcement research have not been effective in enforcing law enforcement against gambling. At the level of investigation and investigation conducted by the police is often that the case of gambling is not disclosed or unchecked and no further handling efforts were undertaken in order to enforce the law. While WH, which is a special sharia police handling cases of jinayat law violations in Aceh, also do not have or qualify as PPNS. Similarly, the case of gambling always continues to exist in the midst of society and does not cause deterrent effect for people in Langsa City Aceh Province, Indonesia. Obstacles in punishment for gamblers in Langsa City consists of two factors namely law enforcement factors and community factors.
Limitations of Research/Implications – This study highlights the problem of the effectiveness of the implementation of Qanun Jinayat in the punishment of gamblers in Aceh, especially Langsa City. Then the legal awareness of the community in Langsa City of Aceh Province is also seen.
Practical Implications – The solution offered enhances the professionalism of police investigators’ performance in Langsa City, provides human resources/Police Wilayatul Hisbah in Langsa City of Aceh Province as civil servant investigator, provides socialization of law on Qanun Jinayat to the people in Langsa City.
Originality/Value – Gambling case always continues to exist in the middle of society and does not cause a deterrent effect for people in Langsa City of Aceh Province Indonesia.
Details
Keywords
Kenneth Butterfield, Nathan Robert Neale, Eunjeong Shin and Mengjiao (Rebecca) He
The current management literature suggests that when employees engage in wrongdoing, managers typically respond with punishment. The emerging moral repair literature suggests an…
Abstract
Purpose
The current management literature suggests that when employees engage in wrongdoing, managers typically respond with punishment. The emerging moral repair literature suggests an alternative to punishment: a reparative response that focuses on repairing harm and restoring damaged relationships. However, little is currently known about restorative managerial responses, including why managers respond to employee wrongdoing in a reparative versus punitive manner. The purpose of this paper is to examine a variety of cognitive and emotional influences on this managerial decision.
Design/methodology/approach
This study used a scenario-based survey methodology. The authors gathered data from 894 managers in sales and financial services contexts to test a set of hypotheses regarding individual-level influences on managers’ punitive versus restorative responses.
Findings
This study found that managers’ restorative justice orientation, retributive justice orientation, social considerations (e.g. when employees are relatively interdependent versus independent), instrumental considerations (e.g. when the offender is highly valuable to the organization) and feelings of anger influenced their reparative versus punitive responses.
Research limitations/implications
Data are cross-sectional, so causality inferences should be approached with caution. Another potential limitation is common method bias due to single-source and single-wave data.
Practical implications
The findings of this study show that managers often opt for a restorative response to workplace transgressions, and this study surfaces a variety of reasons why managers choose a restorative response instead of a punitive response.
Social implications
This study focuses on social order and expectations within the workplace. This is important to victims, offenders, observers, managers and other stakeholders. This study seeks to emphasize the importance of social factors, a shared social identity, social bonds and other relationships within this manuscript. This is an important component of organizational-focused restorative justice research.
Originality/value
This is the first study, to the best of the authors’ knowledge, to explicitly test individual-level influences on managers’ reparative versus punitive responses to employee wrongdoing.
Details
Keywords
Julie Stubbs, Sophie Russell, Eileen Baldry, David Brown, Chris Cunneen and Melanie Schwartz
This chapter paints a picture of the war on drugs, and the structures of prohibition and punishment that drive it, as extensions of broader systems of state and interpersonal…
Abstract
This chapter paints a picture of the war on drugs, and the structures of prohibition and punishment that drive it, as extensions of broader systems of state and interpersonal violence. I outline the failures of prohibition through the criminalisation of drug-related activities and put forward a framework for harm reduction that has as its foundation a radical critique of punishment in all spheres of our lives. This chapter urges those who advocate for drug policy reform to build broader alliances with the many communities around the world that organise against the continuation of the prison industrial complex (PIC) as a whole, including: people in prison, gendered, racialised and LGBTQI+ communities, sex workers and prison abolitionists. I conclude by offering a vision for abolitionist drug policy, whose ultimate goal is to resist the expansion of the PIC globally and in doing so, to foster greater community resilience both across difference and beyond our increasingly siloed fields of expertise. As drug policy experts, the author can choose to situate the millions of people who use drugs worldwide within global contexts of ongoing state violence and control, so that the reforms the author advocate for match the fullness and complexity of the people and worlds the author are fighting for and tackle the root causes of the many harms our communities face.
This research focuses on the distinct group of high-status employees commonly referred to as workplace vigilantes, and conceptually investigates how unethical requests by these…
Abstract
Purpose
This research focuses on the distinct group of high-status employees commonly referred to as workplace vigilantes, and conceptually investigates how unethical requests by these individuals impact the behavior and attitude of other employees over time using the social identity theory.
Design/methodology/approach
For developing a conceptual model, literature from the domains of social identity, organizational behavior and general management was searched through Google Scholar. To search the literature, some key terms such as “unethical activities”, “Islamic work ethics” and “social identity” were searched and analyzed.
Findings
Using the social identity theory, a conceptual process model is developed which suggests that when high-status employees propose unethical requests to employees, individuals with high morality are likely to refuse those unethical requests to protect their self-categorizations. However, taking the unfair advantage of their illegitimate powers, high-status employees are likely to eventually make wrong judgments and give unnecessary punishments to moral employees. It is further argued that consistent victimization is likely to negatively impact the social identity of such employees and leads to irritability in moral employees, particularly when such individuals are unable to get the requisite social support from their leaders.
Originality/value
While a considerable body of literature has focused on the antecedents and consequences of intense unethical business practices and the crucial role of leaders in such activities, limited attention has been given to the role of other employees and how they engage in mild unethical misconduct regularly, which is the key focus of this research. The novel conceptual framework needs to be tested in diverse contexts for further development and validation.
Details
Keywords
Colin Williams and Jan Windebank
The aim of this paper is to evaluate contrasting ways of tackling self-employment in the informal sector. Conventionally, the participation of the self-employed in the informal…
Abstract
Purpose
The aim of this paper is to evaluate contrasting ways of tackling self-employment in the informal sector. Conventionally, the participation of the self-employed in the informal sector has been viewed as a rational economic decision taken when the expected benefits outweigh the costs, and thus enforcement authorities have sought to change the benefit-to-cost ratio by increasing the punishments and chances of being caught. Recently, however, neo-institutional theory has viewed such endeavor as a product of a lack of vertical trust (in government) and horizontal trust (in others) and pursued trust-building strategies to nurture voluntary compliance.
Design/methodology/approach
To evaluate these contrasting policy approaches, data are reported from special Eurobarometer survey 92.1 conducted in 2019 across 28 European countries (the 27 member states of the European Union and the United Kingdom) involving over 27,565 interviews.
Findings
Using probit regression analysis, the finding is that the likelihood of participation in informal self-employment is not associated with the level of expected punishments and chances of being caught, but is significantly associated with the level of vertical and horizontal trust, with a greater likelihood of participation in informal self-employment when there is lower vertical and horizontal trust.
Practical implications
The outcome is a call for state authorities to shift away from the use of repressive policy measures that increase the penalties and chances of being caught and toward trust-building strategies to nurture voluntary compliance. How this can be achieved is explored.
Originality/value
Evidence is provided to justify a shift toward seeking trust-building strategies by state authorities to engender voluntary compliance among the self-employed operating in the informal sector in Europe.
Details
Keywords