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Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

Author(s): Muharrem Midilli / Language(s): Turkish Issue: 1/2017

Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.

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Debating Evil: Using Word Embeddings to Analyse Parliamentary Debates on War Criminals in the Netherlands

Author(s): Milan M. Van Lange,Ralf D. Futselaar / Language(s): English Issue: 1/2019

We are proposing a method to investigate changes in historical discourse by using large bodies of text and word embedding models. As a case study, we investigate discussions in Dutch Parliament about the punishment of war criminals in the period 1945–1975. We will demonstrate how word embedding models, trained with Google’s Word2Vec algorithm, can be used to trace historical developments in parliamentary vocabulary through time.

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AНАЛИЗА СОЦИО-ЕКОНОМСКОГ СТАЊА ПОРОДИЦА ЗАТВОРЕНИКА НА ПОДРУЧЈУ ОПШТИНЕ ДЕРВЕНТА

Author(s): Ljubinka Lazić,Deana Đekić / Language(s): Bosnian,Serbian Issue: 5/2020

Crime as a social deviation and a phenomenon that has a general social character, also has family consequences. The conditions and socio-economic condition of the family are important for the life of all its members. They are especially important as predictors of negative phenomena in the family, but also as factors of proper development and life of family members. Crime as a socio-pathological phenomenon is in a significant connection with the family of the committer in the sense that the family can act as a protective factor, but also negatively. The aim of this paper was to analyze the socio-economic situation of the families of prisoners from the Municipality of Derventa. Thus, we found that the families of prisoners are in an unfortunate socio-economic position due to unemployment, low educational status of prisoners, as well as unresolved housing status. That the crime and imprisonment stand oposite to the socio-economic condition of the family in a cause-and-effect relationship is the starting premise of this paper and research. Factors influencing the satisfaction of the needs of the family of prisoners and the quality of life of family members are certainly economic stability, ie employment of family members and housing status of the family. Furthermore, we found that the obtained results indicate that socio-economic factors are not alone, but that the interaction of several factors and multiple circumstances adversely affects both the occurrence of unfortunate conditions in the family and its improvement.The significance of this analysis is in the contribution to a better understanding of the situation, problems and needs of the families of prisoners, especially in the transitional conditions of society. The practical significance of the research is in pointing out the need for further research, improving the multidisciplinary approach to problems such as poverty, unemployment, education, and especially towards taking prevention measures, developing alternative criminal sanctions and helping families of prisoners as part of a successful resocialization and reintegration plans.

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Transformations in Prison Subculture and Adjustment to Imprisonment in Post-Soviet Lithuanian Penitentiary Institutions

Author(s): Rūta Vaičiūnienė,Artūras Tereškinas / Language(s): English Issue: 03/2017

As in other post-Soviet countries, carceral collectivism characterizes penal institutions in Lithuania. In these institutions, prisoners’ interactions are minimally controlled and convicts are responsible for the maintenance of order; hence, the informal rules of the criminal subculture prevail in Lithuanian correctional facilities. In this article, we examine the prison subculture and adaptation to imprisonment as a significant part of inmates’ social world in post-Soviet Lithuania. By using semi-structured interviews with male prisoners, semi-structured interviews with prison staff, and data from the inmates’ criminal records, we conceptualize both men’s adaptation to imprisonment and current transformations in the Lithuanian prison subculture. As our research shows, the importance of this subculture has decreased in recent years. This process has been influenced by structural changes such as stronger administrative control of convicts, their differentiation and division into smaller groups that limit their mutual contacts, and convicts’ motivation to obtain parole and participate in various rehabilitation programs. The prison subculture has also experienced transformations because of the increasing impact of financial resources on social life, subcultural rules, and interprisoner relationships. Despite these processes, the subculture still plays an important role in inmates’ attempts to choose different daily coping styles and types of adaptation to imprisonment. In this article, we argue that in reforming post-Soviet correctional institutions, a gradual transition to the system of individual cell–type confinement with some remaining elements of collective imprisonment would be desirable.

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PROMJENA ZATVORSKE PARADIGME: TRETMAN ZATVORENICA U BOSNI I HERCEGOVINI 1878–1914.

Author(s): Amila Kasumović / Language(s): Bosnian Issue: 1/2020

The reform of the legal system that the Ottoman Empire conducted in the 1850s was systematically implemented in the period that followed, with an attempt to introduce new legal provisions concerning prisons in all parts of the Empire, including Bosnia. Displeasure of the western powers who had insisted on changes to the prison practices in the Ottoman Empire, the pace of which had been slow, was used by the Austro-Hungarian Monarchy following the occupation of Bosnia and Herzegovina. Having established that the existing conditions in BiH prisons were “miserable”, the new government promised radical changes. However, the question is if the changes really were ferocious in the decisive years in which the Ottoman administration was replaced by Austro-Hungarian? If so, to what extent was the prison paradigm changed? A more serious investigation of the prison system of a certain administration demands an analysis of a specific group within the prison population. One such group are women that needed a different treatment compared to other prisoners: a separate accommodation, female, not male, supervision, as well as special measures during pregnancy, delivery and breastfeeding. By using the documents from ZVS and ZMF funds, the paper aims to investigate if the Austro-Hungarian administration managed to achieve significant results in the treatment of female inmates in Bosnia and Herzegovina in the first years of the monarchy’s rule. Although the prison system and the treatment of prisoners are an important indicator of the civilizational advancement of a society, the local historiography has not paid significant attention to these issues. This paper is trying to fill that void.

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Effective Practices in Community Supervision model: Staff perceptions of the model and implementation

Author(s): Lily Gleicher / Language(s): English Issue: 3/2020

Staff who provide service to individuals under correctional supervision are critical to organizational change, implementation, and sustainability of policies and practices. The training on evidence-based practices demonstrates a movement toward effective interactions with community supervision officers and their clients, specifically to the Risk–Need–Responsivity model and core correctional practices. Research over the past several decades provides that fidelity to Risk–Need–Responsivity and core correctional practice can reduce recidivism among the community correctional population. However, the correctional field has a history of training staff, but limited success in implementing and sustaining these practices. The current qualitative study analyzes the feedback from 307 community supervision officers who responded to open-ended questions regarding the implementation of Effective Practices in Community Supervision model, a curriculum that incorporates the Risk–Need–Responsivity model and core correctional practices. Qualitative responses indicate key themes that help and hinder the implementation of evidence-based practices: individual attitudes and beliefs, organizational elements, and leadership.

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Reimagining probation and parole for young adults in the United States

Author(s): Kimberly Bernard,David Schwager,Miranda Sitney / Language(s): English Issue: 3/2020

The aim of this article is to propose an overhaul in how young adults (approximately aged 15–25 years) should be supervised in the community while serving probation or parole sentences. Using a pilot model implemented in the Pacific Northwest in the United States, we describe the development of a new specialized caseload focused on the developmental needs of this age group. Once established, an ambitious training program using external subject matter experts was used to educate supervising officers and integrate best practices across four emerging areas in the literature: trauma informed care, brain development science, an Equity and Empowerment Lens with a racial justice focus, and the case management approach Effective Practices in Community Supervision. Results show the potential of this approach to change the trajectory of the life course of participants, as well as promote systematic and systemic reform in the participating jurisdiction.

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Staff Training Aimed at Reducing Rearrest: Probation officer attitudes and experiences

Author(s): Jill Viglione,Lucas M. Alward,DeCarlos L. Sheppard / Language(s): English Issue: 3/2020

Community correction organisations have recognised the importance of implementing evidence-based practices to improve probation practice and reduce recidivism rates. Research finds when probation agencies implement evidence-based practices in line with the Risk, Need, Responsivity model with fidelity, reductions in recidivism are possible. However, challenges of implementation persist. To assist in the translation of evidence-based practices to real-world practice, researchers and practitioners developed community supervision officer training programmes. Using qualitative interview data of trained federal probation officers, this study examined the implementation of the Staff Training Aimed at Reducing Rearrest. This study explored (1) probation officer attitudes and perceptions of Staff Training Aimed at Reducing Rearrest, training and implementation process; (2) how users and coaches implement key components of Staff Training Aimed at Reducing Rearrest; and (3) the organisational facilitators and barriers associated with Staff Training Aimed at Reducing Rearrest implementation. Findings suggest positive attitudes towards Staff Training Aimed at Reducing Rearrest for improving supervision process and highlight key facilitators and barriers that can be addressed to support successful implementation efforts.

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Swift and certain probation: Assessing fidelity to the HOPE model

Author(s): Kelly Frailing,Jahdai Kennedy,Rae Taylor,Victoria Rapp / Language(s): English Issue: 3/2020

While outcomes for HOPE and HOPE-like probation programs have received a good deal of attention in the literature, there is arguably less focus on implementation of those programs with fidelity to the HOPE model. This study describes one such program, the Swift and Certain Probation program in Jefferson Parish, Louisiana, and the degree to which it was implemented with fidelity using the list of elements laid out in the Demonstration Field Experiment (DFE) Final Report. We observed the Swift and Certain Probation program for two years and found that it is implemented with fidelity across many, but not all, of the elements of HOPE. We conclude with lingering issues for both the implementation and evaluation of HOPE and, especially, HOPE-like programs.

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It takes two to tango: Offenders’ involvement in decisions regarding sanctions, measures and conditions in light of the ERCSM and the ERProb. A Dutch case study

Author(s): Lisa Ansems,Ingeborg Braam / Language(s): English Issue: 1/2016

This article examines the question to what extent offenders are involved in decisions regarding the sanction, measure and/or conditions that have been imposed upon them. More specifically, the article focuses on the offender’s involvement in the stage of implementation (or enforcement) of a conditional sentence or measure. It analyses Dutch legislation and practice on this point and evaluates them in light of the relevant provisions of the European Rules on Community Sanctions and Measures and the European Probation Rules. The research shows that Dutch legislation and practice are generally in conformity with these European instruments; all interviewed probation officers realise the importance of involving offenders and act upon this belief. However, on some points a higher level of offender involvement could be reached, and promoting the European rules amongst probation workers – who are mostly unaware of the existence of these rules – might contribute to this.

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Commitment and probation work in England and Wales

Author(s): Stewart Collins / Language(s): English Issue: 1/2016

Commitment is defined and distinguished from motivation and job satisfaction. Commitment is significant because it involves strong attachments and ties to working in probation. Clear benefits for workers and service users develop from commitment to probation work, associated with values, focus, effort, productivity, consistency, high retention and low turn-over rates. Professional and organizational, affective and continuance commitment are defined and considered in relation to probation work. The implications of commitment for the Transforming Rehabilitation agenda are discussed. Variables are explored such as experience, gender and location; also the role of participation and resistance. Finally, some ways to develop enhanced commitment to probation organizations are examined.

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Doing reintegration? The quest for reintegration in Belgian sentence implementation

Author(s): Veerle Scheirs / Language(s): English Issue: 2/2016

In this article, we aim to achieve a better understanding of reintegration in Belgian sentence implementation. In concreto, we ask the question if Belgian sentence implementation courts ‘are doing reintegration’. Our analyses suggest the existence of a reintegrated-oriented decision-making process emphasising the strengthening of the social capital of the offender and enabling reintegration. Notwithstanding, we identify some barriers to reintegration. Firstly, we describe how the quest for reintegration is constantly interwoven with a more risk-based approach. As a result, ‘doing reintegration’ becomes subordinated by risk, wherefore the fundamental social right of reintegration is reduced to a conditional right only applicable if the offender displays certain needs, poses an acceptable risk and/or is prepared to take responsibility for this actions. Secondly, we argue how the members of the sentence implementation courts believe in ‘psychological individualism’ and project their middle class values and expectations of how someone should live on the offender, further narrowing the scope of this concept. We finish our analysis by identifying some external and structural aspects withholding the sentence implementation courts in ‘doing reintegration’, leading to a nuanced argument arguing that Belgian sentence implementation courts are not doing reintegration, although they believe they are (trying)…

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K Buczkowski et al.: Criminality and Criminal Justice in Contemporary Poland: Sociopolitical Perspectives

Author(s): Anna Matczak / Language(s): English Issue: 2/2016

Review of: Anna Matczak - K Buczkowski et al. (2015) Criminality and Criminal Justice in Contemporary Poland: Sociopolitical Perspectives, Farnham: Ashgate Publishing, 2015; IBSN: 9781472451842, £70.00 (hbk)

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Law as an extrinsic responsivity factor: What’s just is what works!

Author(s): Martine Herzog-Evans / Language(s): English Issue: 3/2016

If criminologists and psychologists have studied practitioners’ ethics, they have not integrated the legal system into offender treatment theory. Offender treatment models have, moreover, not taken stock of the Legitimacy of Justice and the Self-Determination literatures, according to which people comply more substantively, and for longer periods of time, with decisions that are made fairly, and respect individuals’ agency. It is generally assumed that despite modern mass managerial and punitive probation, practitioners and their institutions have retained their original well-meaning ethos. In this article, it is suggested that law as a system ought to be integrated into a new subdivision of the Responsivity principle: ‘Extrinsic- Responsivity’. It is further argued that it is high time for probation staff and institutions to lose their untouchable status and be subjected to legal scrutiny and procedural constraints.

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The myriad of challenges with correctional change: From goals to culture

Author(s): Jill Viglione,Danielle S. Rudes,Faye S. Taxman / Language(s): English Issue: 2/2015

Presently, many correctional organizations seek to change both policy and practice to improve offender outcomes. The occupational roles played by both staff and management represent an imperative part of the change equation. This article provides a historical and scientific overview of the scholarship on occupational roles within correctional agencies discussing how theoretical shifts in ideology impact correctional organizations and how correctional workers think, behave and make decisions regarding the individuals they supervise. We focus on the current shift emphasizing the use of evidence-based practices (EBPs), which presents new challenges for correctional organizations. We present two case examples of EBP implementation; one aiming to shift the correctional culture and communication within a correctional facility and the second focusing on the implementation of contingency management in community corrections settings. This research highlights the challenges associated with change within correctional environments, but also provides promising findings regarding successful implementation of EBPs within correctional organizations.

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M. Herzog-Evans, Offender Release and Supervision: The Role of Courts and the Use of Discretion

Author(s): Carlo Alberto Romano / Language(s): English Issue: 3/2015

Review of: Carlo Alberto Romano - M. Herzog-Evans, Offender Release and Supervision: The Role of Courts and the Use of Discretion, Nijmegen: Wolf Legal Publishers ISBN: 9789462401976 (pb).

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S. Rap and I. Weijers: The Effective Youth Court - Juvenile Justice Procedure in Europe

Author(s): Luisa Ravagnani / Language(s): English Issue: 3/2015

Review of: Luisa Ravagnani - S. Rap and I. Weijers (2014), The Effective Youth Court - Juvenile Justice Procedure in Europe, Eleven International Publishing: Den Haag, 272 pp. ISBN: 978-9462361126 (pb).

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Consent and co-operation in community supervision – Denmark and Norway

Author(s): Berit Johnsen,Anette Storgaard / Language(s): English Issue: 3/2014

Neither Danish nor Norwegian legislation has explicit references to European Rules on Community Sanctions and Measures (ERCSM), No. 31 or European Probation Rules (EPR), No. 6, on consent and co-operation. Attention is drawn to similarities and differences between Denmark and Norway in relation to legal regulations and practices concerning consent and co-operation. The analyses focus upon community supervision by the Probation Service and include the main forms of community sanctions in both countries. It is found that in spite of legal differences between the countries, their practices have a lot in common. The scope of discretionary power that is entrusted to the Probation Service regarding judgement of the offender’s suitability for community sanctions is debated; and the relationship between the rules on consent and cooperation in the ERCSM and EPR and the European Convention on Human Rights on the presumption of innocence and the prohibition of forced labour is questioned.

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Consent to probation in England and Wales: How it was abolished, and why it matters

Author(s): Peter Raynor / Language(s): English Issue: 3/2014

Much of probation theory and probation training in Britain during the 1980s emphasised the importance of ‘contracts’ or negotiated agreements between probation officers, probationers and the sentencing Court – for example, joint decision-making was central to the influential ‘non-treatment paradigm’ and its variants. However, the legal requirement of consent to a probation order was abolished in 1997, partly because it was seen as diminishing the authority of the Court. This article discusses the arguments and attitudes that lay behind abolition, and considers how far the absence of formal consent should be seen as making a difference in practice. Recent studies of supervision skills, therapeutic alliance, compliance with probation, sentencer involvement in supervision, and the role of individual choice in desistance from offending all point to the continuing importance of co-operation and joint ownership of the supervision agenda. Although these can exist in the absence of a formal requirement for consent, they have greater support and legitimacy when such a requirement is present. Finally, the article explores how official thinking and political gestures lead to decisions that are detached from the realities of practice, and discusses some of the current dangers that arise from this.

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Mary Anne McFarlane and Rob Canton (eds): Policy Transfer in Criminal Justice. Crossing Cultures, Breaking Barriers

Author(s): Maria Razumovskaya / Language(s): English Issue: 3/2014

Review of: Maria Razumovskaya - Mary Anne McFarlane and Rob Canton (eds) Policy Transfer in Criminal Justice. Crossing Cultures, Breaking Barriers, Palgrave Macmillan, 2014; 336 pp.: ISBN 9781137300591, £70.00 (hbk)

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