"Kronika naše Kalvarije pod Italijo". Gradivo Komisije za ugotavljanje zločinov okupatorjev in njihovih pomagačev o obdobju 1918-1941

Author(s): Damijan Guštin / Language(s): Slovenian / Issue: 1/2000

The Committee Investigating The Crimes Committed By Occupiers And Their Accomplices was set up by the Slovenian National Liberation Movement in 1944 and continued working as a government body after the Second World War. Its task was not only to investigate the war crimes committed in Primorska, the Slovenian ethnic territory annexed to the Italian monarchy in 1918, but also to gather information on the specific, institutionalized violence exercised by the Italian state (through denationalization) and, in particular, the fascist forces between 1918 and 1941. In the paper, the author presents the scheme for ascertaining the various forms of pressure to which the population was subjected in the implementation of the denationalization policy, as well as the findings and their quantification.

#61 The Criminalisation of Migration in Europe. A State-of-the-Art of the Academic Literature and Research

Author(s): Joanna Parkin / Language(s): English / Publication Year: 2013

In the last 30 years, a clear trend has come to define modern immigration law and policy. A set of seemingly disparate developments concerning the constant reinforcement of border controls, tightening of conditions of entry, expanding capacities for detention and deportation and the proliferation of criminal sanctions for migration offences, accompanied by an anxiety on the part of the press, public and political establishment regarding migrant criminality can now be seen to form a definitive shift in the European Union towards the so-called ‘criminalisation of migration’. This paper aims to provide an overview of the ‘state-of-the-art’ in the academic literature and EU research on criminalisation of migration in Europe. It analyses three key manifestations of the so called ‘crimmigration’ trend: discursive criminalisation; the use of criminal law for migration management; and immigrant detention, focusing both on developments in domestic legislation of EU member states but also the increasing conflation of mobility, crime and security which has accompanied EU integration.

#90 The Cost of Non-Europe in the Area of Organised Crime

Author(s): Sergio Carrera,Elspeth Guild,Lina Vosyliūtė,Amandine Scherrer,Valsamis Mitsilegas,Mirja Gutheil,Quentin Liger,Gareth Harper / Language(s): English / Publication Year: 2016

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer the questions of what are the costs and benefits of European cooperation and what forms of cooperation would bring more European added value.

(Nie)wykorzystywanie mediacji w sprawach nieletnich

Author(s): Magdalena Staniaszek / Language(s): Polish / Issue: 1/2018

Obecnie można zaobserwować zjawisko nadmiernego formalizowania reakcji kontroli społecznej wobec dzieci i młodzieży z przejawami demoralizacji – zwłaszcza dopiero zagrożonych procesem wykolejenia oraz nadto arbitralną rolę sędziego w sprawach z udziałem nieletnich. Mimo możliwości prawnej, sądy rodzinne niezbyt często kierują sprawy do postępowania mediacyjnego. W latach 2004 – 2016 najwięcej skierowano spraw do mediacji w 2006 roku - 366, a najmniej w 2014 roku – 198. W 2016 roku – 285 spraw, w tym łódzkie sądy – 13.Celem artykułu jest prezentacja badań dotycząca analizy spraw nieletnich skierowanych przez łódzkie sądy do postępowania mediacyjnego w latach 2011-2016.Przedmiot badań stanowi treść akt spraw oraz treść sprawozdania z postępowania mediacyjnego dotycząca wyniku zakończenia mediacji i warunków ugody, jeżeli taka została zawarta.Na podstawie analizy badań można wnioskować, że sędziowie kierują do postępowania mediacyjnego jedynie te sprawy, gdzie poszkodowanym i sprawcą są osoby małoletnie, a czyny karalne dotyczyły m.in. wymuszenia, naruszenia nietykalności, nękania. Z liczby spraw skierowanych do mediacji wynika, że sędziowie nadal nie są przekonani co do słuszności rozstrzygania spraw z wykorzystaniem sprawiedliwości naprawczej.

A ‘back to basics’ approach to offender supervision: Does working alliance contribute towards success of probation?

Author(s): Jennifer Hart,Kimberly Collins / Language(s): English / Issue: 2/2014

Working alliance (WA) considers the bond between two people, and their ability to work collaboratively to set goals and tasks. In the present study, WA was applied to probation to assess the relationship between a probation officer and offender. Questionnaires were administered to offenders to examine the impact of offender risk and offence type upon the development of WA, and how WA predicted perceived success of probation. WA did not differ as a result of risk or offence type but was highly predictive of success of probation. Results were discussed in terms of task, bond and goals and how these are a cost-effective method of improving success of probation.

A comparison of two structured professional judgment tools for violent extremism and their relevance in the French context

Author(s): Martine Herzog-Evans / Language(s): English / Issue: 1/2018

France has repeatedly been hit by terrorist attacks making the use of a structured professional judgement tool essential. Two such tools currently are used in Europe: VERA (Canada) and ERG 22+ (England and Wales). We compare these tools to assess which one would better suit the French context. We find that they have a lot in common in terms of their general content and intrinsic value. However, VERA’s main understanding of terrorism is ideology, whereas ERG’s perceives it as being essentially about identity. ERG was the first tool to introduce a measure for psychopathology; only VERA contains a list of protective factors. The two instruments were developed in similar ways with, for ERG, more emphasis on extremist offenders’ casework. Crucially, ERG 22+ has been developed on the basis of UK cases that are closer to the French extremist populations, with a legal threshold for what constitutes a terrorist or an assimilated terrorist offence, which is similarly low. Lastly, ERG’s structure is simpler and contains less items requiring access to classified data, a crucial factor in a jurisdiction with little interagency information sharing. Although the two tools are intrinsically comparable, ERG seems overall better suited to the French context. This exploratory conclusion ought to be confirmed with field comparisons.

A Framework for a Restorative Society? Restorative Justice in Northern Ireland

Author(s): Vicky Conway,Brian Payne / Language(s): English / Issue: 2/2011

Presenting findings of an unparalleled study, mapping the extent of restorative practices in Northern Ireland, this article argues that while some examples of the use of restorative justice in Northern Ireland have been researched in detail, it is in fact being employed in a much wider range of contexts, including schools and children’s care homes. This diversity in restorative justice deployment is used to frame arguments for restorative justice to be given stronger footing by government citing the great potential for Northern Ireland to become a ‘restorative society’. Key findings from the mapping research are presented as an explanation for previous growth in restorative practices to date and as a facilitator for further growth both in Northern Ireland and in other jurisdictions. These include recognition that the definition and application of restorative justice must be determined by situation and context, and that the continued expansion of restorative practices is dependent on the cross-fertilisation of ideas both from abroad, but also between organisations within a jurisdiction.

A Half-Century of Experiences with the Polygraph

Author(s): Jan Widacki / Language(s): English / Issue: 1 (51)/2020

A home is more than a roof over your head: Post-prison reintegration challenges in Austria

Author(s): Doris Schartmueller / Language(s): English / Issue: 1/2020

Life after prison can pose challenges for the formerly incarcerated, their families, and wider communities. This research studies Austria where probation services are either mandated by the court or sought voluntarily after prison. Through semi-structured interviews with formerly incarcerated individuals, reintegration experiences from their perspectives are examined. The narratives emphasized social factors that either assuage or complicate life after prison. The main factors addressed were stable housing, the maintaining and (re)building of relationships, and employment. Overall, a lack of stable housing appeared to complicate life after prison the most and also negatively affected relationships and employment. For some, life after prison was further exacerbated by immigration status and a perceived stigma related to the nature of one’s convictions. This study shows the importance of working towards a better understanding of the social context individuals are released into after prison to better meet their individual needs and to counteract recidivism.

A human rights-based approach to community justice: Adding value to desistance focused practice

Author(s): David Cross / Language(s): English / Issue: 2/2017

The article explores what is meant by a human rights-based approach to supervision and how such an approach can converge with desistance focused practice in order to impact on its effectiveness. Placing the discussion in the wider context of human rights developments in social services and of desistance focused approaches to effective supervision in the community, I explore the extent to which a human rights approach can add legitimacy to a desistance approach, identifying common themes between the approaches that would support this case. My findings support the contention that a human rights-based approach to supervision can add value to practice that supports desistance from crime.

A Hundred Years of Polygraphy: Some Primary Changes and Related Issues

Author(s): Frank Horvath / Language(s): English / Issue: 1 (51)/2020

A Literary Aesthetics of War Crime

Author(s): Rafe McGregor / Language(s): English / Issue: 61/2021

In order to develop a literary aesthetics of war crime, I examine the phenomenon of moral immunity in military memoir. Using three paradigmatic examples of memoirs of unjust wars characterised by the routine perpetration of war crimes, I argue that moral immunity is achieved by means of three literary devices: literary irresponsibility, ethical peerage, and moral economy. I then employ the proposed literary aesthetics of war crime to provide an answer to the perennial question of the relationship between literature and morality as well as to two specific instantiations of this question, the value interaction debate in literary aesthetics and the ethics of reading in literary theory. My conclusion is that the literary aesthetics of war crime demonstrates both that there is a systematic relationship between aesthetic value and moral value and that there is no systematic relationship between literary ambiguity and moral uncertainty.

A Reflection on the Survival of Fahrudin Meminović

Author(s): Keith D. Doubt / Language(s): English / Issue: 4/2020

It is difficult to understand the executioners of the genocide in Srebrenica. What were they doing? Why were they doing it? What were they thinking? How could they have done what they did? In Srebrenica MCMXCV [2017], Emir Suljagić recounts a testimony from an executioner told to the International Criminal Tribunal for the former Yugoslavia after a massacre near Srebrenica in July 1995: From that pile, that heap of dead bodies that did not resemble human bodies any more, a human being emerged. I said human being, but it was actually a boy, five or six years old. It was unbelievable. Unbelievable. A human being came out and started walking towards a path, a path along which men were standing, doing their job, carrying automatic rifles… And then, out of nowhere they all put their guns down and all of them were just paralysed. And it was only a child in front of them. . . . And this child was covered in the tissue and intestines of other humans . . . And this child emerged from the pile of executed people, calling: «Babo»…. this is their word for father. The boy said, «Babo, where are you?»

A Study on the Comprehensive Comparison between Indigenous Cattle Rustling and Modern Cattle Rustling in West Pokot County, Kenya

Author(s): Andrew Gitau Kimani,Casper Masiga / Language(s): English / Issue: 12/2020

Evidence of change in cattle rustling practice among pastoralist communities worldwide has been noted with globalisation, education, and modernisation, among other factors. However, there is little known about transformation in men and women’s involvement in this practice in the wake of easy accessibility of small and light weapons (SALWs) and breakdown of the traditional leadership and control systems. This paper examined the transformation in cattle rustling practice among the Pokot community in West Pokot county. This study’s target population included adult residents of Pokot community, community elders, opinion leaders, political and administrative leaders, and local and international NGOs dealing with cattle rustling issues in West Pokot county. Multi-stage sampling technique was used to recruit 350 respondents. An unstructured questionnaire, a critical informant interview guide, a focus group discussion guide, and an observation guide were used to collect primary data. Qualitative data collected was analysed using patterns and critical themes of this particular objective. Quantitative data analysis was organised using the SPSS software version 2.0 and analysed using various descriptive statistics. The findings indicated that transformation in cattle rustling had seen a cultural activity for the young people to demonstrate their courage and wit and become a murderous criminal endeavour. The community no longer benefits from cattle rustling, but only a few are driven by greed to reap where they never sow. Illiteracy, poverty, unemployment, community conflicts, possession of firearms and insecurity were identified as the leading causes of cattle rustling. Access to formal education has seen many in the school-going age among the West Pokot get exposed to literacy, which has gradually recorded a positive transformation about its cattle rustling practices. Based on the findings, the paper makes the following recommendations to address the problem of cattle rustling among the people of West Pokot County: Enlightenment on contemporary ways of life; formal education among the Pokot to be advocated for; enhancing Security in West Pokot; opening a platform for peace talk and persuasions and operationalising the Eastern Africa Police Chiefs Cooperation Organisation (EAPCCO) protocol.

ABOUT RESEARCH METHODOLOGY IN SOME AREAS OF THE FIGHT AGAINST CRIME

Author(s): Sergey Kolb,Alyona Godlevskaya-Konovalova / Language(s): English / Issue: 3/2018

The article deals with the state and essence of the methodology of investigations in the field of combating crime, identified the potential of certain methods of knowledge of the content of socio-legal phenomena and processes, which, in particular, relate to issues of criminal-executive activity, as well as proposed author's variants of more effective use of scientific methods for assessing the current state of law and order in penitentiary institutions and institutions.

ABOUT SOME HISTORICAL "RELAPSES" OF FIGHT AGAINST CRIMINALITY IN THE FIELD OF IMPLEMENTATION OF PUNISHMENTS OF UKRAINE

Author(s): Volodymyr Ortynskiy,Roksolana Kolb / Language(s): English / Issue: 3/2018

The article analyzes the legal and normative principles on the basis of which the fight against crime in Ukraine was carried out on the so-called Soviet day, defined the peculiarities of this activity and established the regularities of the emergence, functioning and development of this socially dangerous phenomenon in places of deprivation of liberty.

ABOUT SOME REGULATORY LEGAL FRAMEWORK OF THE FIGHT AGAINST CRIME IN THE SPHERE OF EXECUTION OF PUNISHMENTS

Author(s): Alexei Humin,Lesia Duchiminskaya / Language(s): English / Issue: 3/2018

The article analyzes regulatory legal sources on the issues of combating crime in penal institutions of Ukraine and the effectiveness of their application in practice, as well as identifies the main problem issues to be studied at the scientific level.

ABOUT SOME TENDENCIES OF COMMITTING CRIMES IN THE FIELD OF EXECUTION OF PUNISHMENT OF UKRAINE

Author(s): Alexander Kolb,Taras Mis'kiv / Language(s): English / Issue: 4/2018

The article identifies the main tendencies of crime in the colonies of Ukraine in the current conditions, as well as analyzes its main indicators taking into account their influence on the state of law and order in the penal institutions and the level of effectiveness of preventive activities.

Adaptacja do izolacji więziennej. Przegląd koncepcji

Author(s): Kamil Miszewski / Language(s): Polish / Issue: 1/2020

Artykuł ma charakter przeglądowy. Zaprezentowane i omówione zostały koncepcje(w tym typologie) adaptacji do izolacji więziennej, które pojawiły się w literaturze na przestrzeni lat, a dokładnie: Leona Rabinowicza, Władimira Pirożkowa, Donalda Clemmera,Greshama Sykesa, Ervinga Goffmana, Johna Irwina, Stanley’a Cohena i Laurie’go Taylora,Roy’a Kinga i Kennetha Elliota oraz Bena Crewe. Autor wyjaśnia kontekst, w jakim powstały,przedstawia ich wady i zalety oraz rozważa kwestię uniwersalności każdej z nich.

Adapting to isolation in prison. Concept review

Author(s): Kamil Miszewski / Language(s): English / Issue: 1/2020

This article is of a review nature. It features a presentation and discussion ofconcepts (including typologies) of adaptation to isolation in prison, which have appearedin the literature over the years, namely concepts by: Leon Rabinowicz, Vladimir Pirozhkov,Donald Clemmer, Gresham Sykes, Erving Goffman, John Irwin, Stanley Cohen and LaurieTaylor, Roy King and Kenneth Elliot as well as Ben Crewe. The author explains the contextin which they were created, presents their advantages and disadvantages, and considers theissue of universality of each of these concepts.