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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.

Open Access
Article
Publication date: 25 August 2023

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

Organization Management Journal, vol. 20 no. 4
Type: Research Article
ISSN: 2753-8567

Keywords

Content available
Book part
Publication date: 1 August 2023

Julie Stubbs, Sophie Russell, Eileen Baldry, David Brown, Chris Cunneen and Melanie Schwartz

Abstract

Details

Rethinking Community Sanctions
Type: Book
ISBN: 978-1-80117-641-5

Content available
Book part
Publication date: 14 December 2023

Abstract

Details

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

Open Access
Article
Publication date: 13 November 2023

Chiara Natalie Focacci and Pak Hung Lam

According to statistics by the US National Sexual Violence Resource Center, more than 50% of women claim they have been raped by an intimate partner or an acquaintance. In this…

Abstract

Purpose

According to statistics by the US National Sexual Violence Resource Center, more than 50% of women claim they have been raped by an intimate partner or an acquaintance. In this experiment, the authors test whether exposing individuals to different types of images portraying the victim and their perpetrator influences individuals' perception of (1) the perpetrator's deserved punishment and (2) the role played by the victim in her rape.

Design/methodology/approach

In an experimental survey, the authors randomly treat groups of individuals with manipulated facial and physical expressions of the same photographs.

Findings

The authors find that news about rape are more or less effective in uncovering the seriousness of the crime independent of the pictures accompanying them, suggesting media should avoid their misusage.

Originality/value

While the role of the narrative of rape has been extensively discussed in the literature from a theoretical perspective, this research provides original evidence based on actual behavioural response.

Details

International Journal of Sociology and Social Policy, vol. 43 no. 13/14
Type: Research Article
ISSN: 0144-333X

Keywords

Open Access
Article
Publication date: 11 October 2023

Wing-hong Chui, Henry Kao and Aaron H.L. Wong

The paper aims to recommend legal and regulatory reforms to better prevent child abuse in childcare institutions in Hong Kong.

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Abstract

Purpose

The paper aims to recommend legal and regulatory reforms to better prevent child abuse in childcare institutions in Hong Kong.

Design/methodology/approach

A summary of investigation report and news reports are referred to in describing the abuse incidents which occurred in a children’s residential home. Routine Activity Theory (RAT) is used as the framework for identifying the causes. Local and overseas legislation, regulations, case law, and policies are analysed to provide recommendations for reforms.

Findings

There are systematic failures such as workload issues, inadequate supervision, and the absence of continuing professional development (CPD) that contributed to the incidents. The regulations governing the operation of childcare centres and criminal laws against child abuse are long overdue for an update in Hong Kong. On the institutional side, this paper recommends enacting regulations that mandate CPD, lower the staff-to-child ratio, and strengthen the Social Welfare Department’s (SWD) supervisory powers over childcare centres. From the criminal law perspective, it is recommended that “reasonable chastisement” be abolished as a defence of corporal punishment, and that there be new offences for failure to report suspected child abuse incidents and causing or allowing the death/serious harm of a child.

Originality/value

The child abuse incidents, occurring in a childcare institution, have drawn wide public concern. Reform is required to protect vulnerable children and regain public confidence.

Details

Public Administration and Policy, vol. 26 no. 3
Type: Research Article
ISSN: 1727-2645

Keywords

Content available
Book part
Publication date: 14 December 2023

Abstract

Details

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

Content available
Book part
Publication date: 24 August 2023

Christopher W. Mullins

Abstract

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-78769-858-1

Open Access
Article
Publication date: 15 April 2022

Linlin Xie, Ting Xu, Tianhao Ju and Bo Xia

The alienation of megaproject environmental responsibility (MER) behavior is destructive, but its mechanism has not been clearly depicted. Based on fraud triangle theory and the…

1522

Abstract

Purpose

The alienation of megaproject environmental responsibility (MER) behavior is destructive, but its mechanism has not been clearly depicted. Based on fraud triangle theory and the fuzzy set qualitative comparative analysis (fsQCA) method, this study explored the combined effect of antecedent factors on alienation of MER behavior.

Design/methodology/approach

Based on the fraud triangle theory and literature review, eight influencing factors associated with the alienation of MER behavior were first identified. Subsequently, the fuzzy-set qualitative comparative analysis was used in this study to reveal configurations influencing alienation of MER behavior.

Findings

The study found nine configurations of MER behavioral alienation antecedent factors, integrated into three types of driving modes, i.e. “economic pressure + learning effect,” “institutional defect + moral rejection,” and “information asymmetry + economic pressure + expectation pressure.”

Originality/value

By analyzing the configuration effects of various induced conditions, this study puts forward a comprehensive analysis framework to solve the alienation of MER behavior in the megaprojects and a practical strategy to control alienation of MER behavior.

Details

Engineering, Construction and Architectural Management, vol. 30 no. 7
Type: Research Article
ISSN: 0969-9988

Keywords

Open Access
Book part
Publication date: 4 October 2023

Laura Korhonen, Linnéa Lindholm, Maria Lindersson and Ann-Charlotte Münger

Swedish society has systematically worked to improve children's health and well-being since the early twentieth century and is considered a leading figure globally in battling…

Abstract

Swedish society has systematically worked to improve children's health and well-being since the early twentieth century and is considered a leading figure globally in battling violence against children. Awareness of violence against children and its detrimental effects on development and health is generally high in Sweden. Violence is also broadly recognised as a violation of human rights. A ban on corporal punishment was enacted in 1948 in social childcare institutions, in 1958 in schools, and in 1979 at home. The more recent landmark was the United Nations Convention on the Rights of the Child, established as law on 1 January 2020. In line with convention's Article 12, stating that a child has the right to express their views in all matters affecting them, more attention to child participation has been paid since 2020. This chapter provides several recent examples of strategic measures that have been used to enhance child participation in governmental assignments and enquiries and state-funded research. We discuss the examples considering the United Nations convention and child participation methods and pinpoint opportunities and obstacles to further develop and consolidate child participation as a norm in publicly funded societal activities.

Details

Participatory Research on Child Maltreatment with Children and Adult Survivors
Type: Book
ISBN: 978-1-80455-529-3

Keywords

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