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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.

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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 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.

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

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Compliance and Financial Crime Risk in Banks
Type: Book
ISBN: 978-1-83549-042-6

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Compliance and Financial Crime Risk in Banks
Type: Book
ISBN: 978-1-83549-042-6

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.

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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: 16 November 2023

Ivana Naumovska

Corporate misconduct carries significant social and economic costs, and therefore regulators and other stakeholders seek to deter it. Despite the significant costs and deterrence…

Abstract

Corporate misconduct carries significant social and economic costs, and therefore regulators and other stakeholders seek to deter it. Despite the significant costs and deterrence efforts, corporate misconduct is widespread and our understanding of it is limited. As argued in this chapter, one key reason for this is the lack of understanding of the benefits and penalties of misconduct for the companies and individuals involved, as well as the detection of such behavior. This chapter seeks to advance our understanding of corporate misconduct and builds on the rational choice model (RCM) – where the decision to engage in misconduct hinges on a calculation of the expected costs and benefit – and links it to research in organization theory and strategy. Specifically, it sets a research agenda at the intersection of organizational and strategic perspectives, to deepen our understanding of corporate misconduct and shed light on opportunities for empirical and theoretical research which can potentially aid in developing effective deterrence strategies.

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Compliance and Financial Crime Risk in Banks
Type: Book
ISBN: 978-1-83549-042-6

Abstract

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Compliance and Financial Crime Risk in Banks
Type: Book
ISBN: 978-1-83549-042-6

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.

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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: 20 November 2023

Diana Joiţa, Carmen Elena Dobrotă and Raquel Fernández-González

From the 1990s to the present, decision-makers around the world have sought to identify the most appropriate legal framework to support the energy transition. This research aims…

Abstract

From the 1990s to the present, decision-makers around the world have sought to identify the most appropriate legal framework to support the energy transition. This research aims to analyze the institutional dynamics of renewable energy promotion, focusing on regulatory aspects at the European and national level and emphasizing the case of Romania through several comparative approaches. In the context of the conflict in Ukraine, we focused on the issue of coal, which was reconsidered given the dependence of some European countries on this resource. The main research methods used in this study are comparative analysis and analysis of chronological information in a historical context, with correlations being made. The study was structured in three stages, the first from the 1990s until the European Energy Union formation, the second during the COVID-19 pandemic, and the third from the emergence of the conflict in Ukraine, which determined the recalibration of previously adopted measures. Starting from the hypotheses formulated and considering the regulatory scenario conducive to the transfer of public funds to achieve climate neutrality, the results of the study show the fact that, at this stage of the research, the states of the European continent are determined to fight for zero carbon by 2050. One result we found interesting is that almost a year after the outbreak of the conflict in Ukraine, less than a quarter of European states have moved past their assumed deadline for phasing out coal in the national mix.

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Digitalization, Sustainable Development, and Industry 5.0
Type: Book
ISBN: 978-1-83753-191-2

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