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In the scientific article, the author conducts research on understanding of investigative situations in the process of investigating crimes committed in penitentiary institutions of Ukraine, and determines that the planning of investigative actions and the nature of investigative actions depends on the investigative situation at any given stage of the investigation as a way of proof in the case. The author of the article determines that there are three main groups of factors that influence the investigation of crimes committed in the PIs: positive, negative and mixed. In the provisions of the article, the author identified a group of conditions that determine the investigation of crimes committed in the Ministry of Health, which is at least three groups: to the first group, refer to the personal characteristics of persons who commit penitentiary offenses; to the second group of conditions include the relations that prevail between the members who are in the PI; to the third group of conditions, the author suggests to include the social environment of places of deprivation of liberty.
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The article analyzes the practice of establishing typical methods of committing a crime during the investigation of the creation of paranoid or armed units not provided by law. Attention is drawn to such methods of committing the crime as creation, participation, leadership of illegal armed groups, financing of its activities. The obtained information on determining the typical method of committing a crime is used to construct and promote versions, to plan an investigation, to develop tactics for conducting separate investigative (search) actions, to select and implement a forensic investigation methodology, to determine the directions of prevention of criminal offenses. Specificity of the purpose and objectives of the study led to the need for the use of dialectic, comparative law, historical-legal, formal-logical, system-structural, sociological, statistical and other methods of scientific research.
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The focus of the study is the macro-level analysis of a multitude years social debate that draws attention to the misconduct of the Hungarian prostitution’s regulation, and to the shortcomings of the practicing of the constitutional and human rights. The marginalized groups (the prostitutes) excluded by society are forced to face not only the contempt of the community but also to the abuses of the ruling state power. The discrimination based on increasingly deeper legal and social inequalities drift the prostitutes in to the power center’s periphery. The particular image of oppression and resistance is reflected in the social environment, in official procedures, and in official actions too, but those are the mostly reflected in the anomalies of the public streets using by the prostitutes. The available empirical evidences suggest that the unjust exercise of power plays a dominant role in the process of exclusion and stigma. However, a resolution can only be given if the causes and circumstances of the prevailing social inequality will be explored by us, and then with the help of a critical analysis we look for alternative solutions. A discursive research method is used by the author to know better, and to understand the prostitution participants’ realities, and perspectives. In my view the objective use of the results obtained in a critical approach would serve such a basis for concluding a consensus, which (one-sidedly) changes the power abuses to state tolerance and community acceptance, and brings (other-sidely) the opportunities of lawful conduct practicing.
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This article is a novel use of the ‘agonistic framework’ – a theory of penal change developed in the US, which emphasises the role of hidden conflict – to analyse recent organisational reforms to probation in Scotland. It begins by drawing on recent empirical data to analyse the role of conflict between centralising and localist interests in driving these reforms. This is contrasted with a Scottish policy consensus over decarceration through diversion to community penalties, which despite broad support has been unsuccessful. To explain this contradictory situation, the article builds on recent agonistic literature on the exclusion of some conflicts from penal fields, adding new insights about the circumscription of smaller penal fields. It argues that together these factors serve to ‘crowd out’ debates necessary for substantive change. This new development of the agonistic framework helps explain Scotland’s lack of progress towards decarceration, with policy relevance for other smaller jurisdictions.
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Review of: Olga Petintseva, Rita Faria and Yarin Eski, Interviewing Elites, Experts and the Powerful in Criminology. Palgrave Macmillan, 2020; 166 pp.: ISBN 978-3-030-32999-0, €51.99 (hbk).
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This article examines the extent to which the risk needs responsivity (RNR) model and desistance principles have been integrated and operationalised in the development of the Enablers of Change assessment and sentence planning tool developed by a Community Rehabilitation Company provider in England. We consider the constructs that underpin the tool, identifying points of departure and similarity between RNR principles (Andrews and Bonta, 2007), the ‘good lives’ model (Ward and Maruna, 2007) and desistance principles (McNeil and Weaver, 2010) and their integration. We examine how these constructs have been operationalised in the tool, which aims to assess needs, strengths, protective factors and contribute to risk assessment. Given the tool’s innovation, this article is of international significance and will make an original contribution to the evidence base on operationalising desistance in the management of people with convictions in England and Wales and other jurisdictions.
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Desistance scholars maintain that innovative and sustainable mechanisms are needed to support the enhancement of human development. Failure to desist is often attributed to limited personal agency and structural disadvantages such as a lack of education attainment and meaningful employment. Therefore, it is argued that criminal justice responses should break down educational and employment barriers in the desistance process, if we are to help remove hurdles to both social cohesion and social integration. To provide additional insights into this phenomenon, this article presents an autobiographical, reflective and experiential account of these challenges in the life of a desister from multiple perspectives. The narrative reveals that the change process extends beyond the attainment of education and meaningful employment, and describes the challenges faced by both work colleagues and the desister. These accounts are accompanied by a reflective academic commentary that situates these personal work experiences within the wider desistance literature, helping to add a critical appraisal of existing knowledge as viewed through the lens of one person’s desistance process over a 10-year period through education and into employment
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This article is written as part of a special issue of the European Journal of Probation, which seeks not simply to describe and to critique ‘parole’ as it has evolved over time, but to focus on the justifications and the actors involved in parole decision-making and supervision. This article explores the changing face of ‘parole’ in England and Wales. The Parole Board today has little in common with the Parole Board of 1967. The characteristics of the prisoners who appear before panels of the Board have also changed. ‘Parole’ is now a very different process, no longer ‘early conditional release’, but what might better be described as ‘delayed conditional release’. This requires a fundamental re-analysis of its purpose and the justifications for its use.
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Review of: Úna Barr, Desisting Sisters: Gender, Power and Desistance in the Criminal (In)Justice System, Palgrave Critical Criminological Perspectives: United Kingdom, 2019; 270 pp.: ISBN: 978-3-030-14275-9, €44,92 (pbk)
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The Enablers of Change assessment and sentence planning tool has been designed to assess the risks, needs, strengths and protective factors of adults with convictions. Developed by Interserve, a Community Rehabilitation Company (CRC) provider in England, the tool is an innovation. The first of its kind in the United Kingdom (UK) to operationalise the risk needs and responsivity model with the ‘good lives’ model and desistance principles for the general adult population of low to medium risk of harm individuals managed by CRCs. This article reports the development, early testing and formative evaluation of the tool and recommendations for its onward development. Given that such integration is regarded by many as the ‘holy grail’ of probation practice, this article is of international significance and will make an original contribution to the limited evidence base on operationalising desistance in the management of adults with convictions in the UK and other jurisdictions.
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Review of: Fergus McNeill, Pervasive Punishment. Making Sense of Mass Supervision, Emerald Publishing: United Kingdom, 2019; 245 pp.: ISBN: 978-1-78756-466-4, €32 (pbk)
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Probation offices are organizational units that provide the structure necessary to develop shared meaning systems that influence individual level attitudes, values, and beliefs. We analyze survey responses (n = 252) from county-level probation departments (n = 19) in a single state. The dependent variables are three-factor scales combining items to measure enforcement, reentry, and protection scales. Our central goal is to determine if the authoritarian (i.e. law enforcement) and assistance (i.e. social worker) typologies predict supervision goals. The robust regression analyses show that department (e.g. caseload size, number of officers) and county-level measures of poverty and percent black in the population are significant factors for enforcement and reentry. The article concludes with policy implications.
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Origins of the probation service in Japan, its administrative structure, the respective roles of Professional Probation Officers (PPOs), hogo kansatsu kan, and the nearly 50 times more numerous Volunteer Probation Officers (VPOs), hogo-shi, are described. Recruitment of VPOs, their backgrounds, increasing age, methods of work and training is outlined, followed by activities of local VPO Associations and Offender Rehabilitation Support Centres. Strengths of the distinctive Japanese VPO system are analysed, followed by challenges it faces. Chief amongst them being the introduction of partly suspended sentences coupled with probation for drug offenders and the need to build adequate medical, psychological, accommodation and employment support to prevent their reoffending and aid recovery. Consequences and new tasks for probation of the widely expected lowering of the age of criminal adulthood are also considered.
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