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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.

Book part
Publication date: 14 December 2023

Ryan Casey

The development of electronic monitoring policy over the last decade in Scotland has contributed towards its expansion and the intensification of what McNeill (2019) refers to as…

Abstract

The development of electronic monitoring policy over the last decade in Scotland has contributed towards its expansion and the intensification of what McNeill (2019) refers to as mass supervision. Often posited as a solution to relieve problems in the criminal justice system such as prison overcrowding and high remand populations, electronic monitoring can be punitive and problematic, exposing more people to diffused forms of social control and functioning more as a supplementary feature of prisons as opposed to a substitution for prisons. In this chapter, I explore the existing and emerging policy landscape of penal electronic monitoring Scotland, drawing upon qualitative, experiential data about being subject to and enforcing penal electronic monitoring in Scotland (see Casey, 2021) to highlight how policy is enacted in practice. Ultimately, I argue that there are fundamental issues with how electronic monitoring is currently enacted in terms of what it promises, in terms of fairness and in relation to the potential harms of integration. I call for a fundamental and holistic reframing of policy and regulation of penal electronic monitoring in Scotland that avoids siloed approaches towards policymaking, attending to both the social and digital impacts of electronic monitoring in people’s lives, thus contributing to arguments about how ‘mass supervision’ should be moderated and resisted.

Details

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

Keywords

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

Keywords

Article
Publication date: 29 March 2024

Tareq Na'el Al-Tawil

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Abstract

Purpose

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Design/methodology/approach

The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.

Findings

The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.

Originality/value

The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.

Details

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

Keywords

Book part
Publication date: 14 December 2023

Ioan Durnescu and Andrada Istrate

In the current chapter, we discuss the shape and contours of the field of probation in Romania as they appear in scientific literature and mass media, focusing on the concerns…

Abstract

In the current chapter, we discuss the shape and contours of the field of probation in Romania as they appear in scientific literature and mass media, focusing on the concerns academics and professionals have voiced about Romanian probation. We analyse the timeframe from 2014 to 2021, after the introduction of the country’s New Penal Code (NPC). We structure our argument as follows. The chapter begins with a short incursion into the historiography of probation as a field in Romania. The focus, however, is on the adoption of a NPC in 2014, as this was a significant moment that led to changes for both probation workers and probationers. While we present the first 25 years since probation was instituted in Romania in 1997 as a period of experiments, trials and errors, we aim to highlight the development and consolidation that occurred in the period after 2014 (see Durnescu 2008, 2015; Preda, 2015a, 2017; Sandu, 2016). The NPC was intended to bring forward a reconfiguration of the probation system in Romania (Preda, 2015b). Beyond the promise of the NPC, the 2014–2021 period is one where probation edges into the public sphere via extensive media coverage, including the considerable number of probationers or a string of protests by probation counsellors who felt overworked and overwhelmed. We continue the chapter by analysing the composition and the dynamics of the probation population, always looking beyond the mere numbers to other analytic markers (i.e. numbers of obligations and lengths of the probation period). We conclude the chapter by arguing that our discussion of the ‘weight’ of supervision adds to the current understanding of mass supervision by looking at the aggregated impact that different social, political, penal and cultural factors have on probation practice. In other words, large caseloads, limited human resources, precarious material conditions and negative organisational cultures are likely to generate supervision experiences that can be better interpreted by looking and thinking beyond numbers.

Details

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

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: 16 November 2023

Arta Jalili Idrissi

Abstract

Details

Women's Imprisonment in Eastern Europe: ‘Sitting out Time’
Type: Book
ISBN: 978-1-80117-283-7

Book part
Publication date: 14 December 2023

Ana María Morales

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

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

Keywords

Book part
Publication date: 14 December 2023

Katharina Maier, Michael Weinrath, Rosemary Ricciardelli and Gillian Foley

In the current chapter, we examine the nature, distribution and experiences of probation in Canada. More specifically, drawing upon in-depth interviews with probationer loved…

Abstract

In the current chapter, we examine the nature, distribution and experiences of probation in Canada. More specifically, drawing upon in-depth interviews with probationer loved ones, we examine the experiences of what we refer to as secondary supervision. The concept captures how individuals with a loved one (i.e. family member or partner) on probation understand, make sense of and feel affected by their loved one’s probation order. Complementing existing literature on the collateral consequences of incarceration or ‘secondary prisonization’, we show how secondary supervision burdens probationer loved ones mentally and emotionally as they must navigate the uncertainties of their loved one’s legally precarious status. We highlight the necessity of expanding probation research and of our thinking about ‘mass supervision’ to consider the collateral and unintended consequences of community-based supervision.

Details

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

Keywords

Book part
Publication date: 14 December 2023

David Brown

This chapter provides a brief overview of community sanctions in Australia and examines the extent to which McNeill’s analysis in Pervasive Punishment (2019) is applicable in the…

Abstract

This chapter provides a brief overview of community sanctions in Australia and examines the extent to which McNeill’s analysis in Pervasive Punishment (2019) is applicable in the Australian context. Two key issues in the Australian context are, firstly, state and territory-level variations within a federal political structure, and secondly, disproportionate Indigenous imprisonment and community sanction rates and the generally destructive impact of the criminal legal system on Indigenous communities and peoples. The chapter argues that developing a better agonistic politics around community sanctions requires descending from the broad level of historical and sociological analysis to examine state and territory-level variations in judicial and correctional structures, histories and cultures. Further, that Australian community sanctions cannot be understood without a primary focus on the differences between Indigenous and non-Indigenous rates, experiences and meaning. The key to addressing the destructive impact of criminal legal processes and practices on Indigenous peoples lies in developing Indigenous governance, empowerment, self-determination, sovereignty and nation-building. Two recent developments promoting Indigenous governance are examined: the Uluru Statement from the Heart and Justice Reinvestment projects initiated by First Nations communities, highlighting the importance of activism, contest and struggle by community organisations.

Details

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

Keywords

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