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Journal articles on the topic 'Alternative punishment'
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1
Milani, Alireza, and Mehdi Rezaee Moghadam. "Functions of Alternative Punishments to Imprisonment in Reducing the Criminal Population of the State Prisons." International Letters of Social and Humanistic Sciences 44 (December 2014): 74–85. http://dx.doi.org/10.18052/www.scipress.com/ilshs.44.74.
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In accordance with the inefficiency of imprisonment punishments in reforming and rehabilitating the prisoners, also due to the criminal environment of the prisons, economic costs of the prison and damages caused by imprisoning the head of the household, contradiction with the principle of personal punishment, health and mental problems existing and the like, are some of the problems which have created serious challenges for the imprisonment punishments. Hence, attempts for employing other punishments as alternatives to the imprisonment punishment have drawn the attention of various countries and legal systems. Accordingly, today the Iranian criminal policy makers, in line with dis-imprisonment and prohibiting the indiscriminate use of imprisonment punishment have begun to enact a law in which a chapter has been assigned to alternatives of the imprisonment punishment and prediction of a half freedom system. This paper, while introducing and investigating alternative punishments of imprisonment in the Islamic Penal Code of 2013 concludes that not only is transparent and clear rules and regulations necessary in this area, but also a successful enforcement of these laws requires an appropriate culture building in the society. On the other hand, the issue of alternatives should be institutionalized among the judges.
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Milani, Alireza, and Mehdi Rezaee Moghadam. "Functions of Alternative Punishments to Imprisonment in Reducing the Criminal Population of the State Prisons." International Letters of Social and Humanistic Sciences 46 (January 2015): 39–50. http://dx.doi.org/10.18052/www.scipress.com/ilshs.46.39.
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Of imprisonment punishments in reforming and rehabilitating the prisoners, also due to the criminal environment of the prisons, economic costs of the prison and damages caused by imprisoning the head of the household, contradiction with the principle of personal punishment, health and mental problems existing and the like, are some of the problems which have created serious challenges for the imprisonment punishments. Hence, attempts for employing other punishments as alternatives to the imprisonment punishment have drawn the attention of various countries and legal systems. Accordingly, today the Iranian criminal policy makers, in line with dis-imprisonment and prohibiting the indiscriminate use of imprisonment punishment have begun to enact a law in which a chapter has been assigned to alternatives of the imprisonment punishment and prediction of a half freedom system. This paper, while introducing and investigating alternative punishments of imprisonment in the Islamic Penal Code of 2013 concludes that not only is transparent and clear rules and regulations necessary in this area, but also a successful enforcement of these laws requires an appropriate culture building in the society. On the other hand, the issue of alternatives should be institutionalized among the judges.
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Tikhonova, S. S., and A. I. Kokunov. "MODELS OF ARTICLE SANCTIONS OF THE SPECIAL PART OF CODIFIED CRIMINAL LAW FOR MINOR OFFENCE CRIMES: MODERN LAW-TECNICAL THEORY AND LEGISLATIVE PRACTICE." Proceedings of the Southwest State University 21, no. 6 (December 28, 2017): 241–47. http://dx.doi.org/10.21869/2223-1560-2017-21-6-241-247.
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Possible models of article sanctions of the special part of codified criminal law for minor offence crimes w are presented. Sanctions prescribing one main punishment are single. Sanctions prescribing several main punishments are alternative. Single sanctions can theoretically have 3 types: single sanction with imprisonment; single sanction without imprisonment with more lenient punishment; single sanction without imprisonment with more strict punishment. Alternative sanctions can be subdivided on alternative sanction with imprisonment and lowering alternative; alternative sanction with imprisonment and raising alternative. According to principle of criminal law justice crimes of various category should have various sanction models with different qualitative characteristics. On the basis of this adoption, analysis of modern legislative practice and provisions of criminal and legal doctrine recommendations about crime sanctions for minor offence are formulated. According to these recommendations minor offence crimes can be single and have more lenient punishments than imprisonment or alternative without imprisonment with the lowering alternative or with imprisonment and the lowering alternative. At the same time it is necessary to say that single sanction can include only universal type of punishment. Thus, penalty can be used for single sanctions designing of minor offence crimes.
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Alsaweel, Khaled, and Saleem Alquisi. "The Counter-Effects Of The Application Of Imprisonment Alternatives On The Families Of The Imprisoned Individuals From The Point Of View Of The Prisoners In The Al-Qaseem Region – SUDIA ARABIA”." Journal of Arts and Social Sciences [JASS] 8, no. 1 (February 1, 2017): 139. http://dx.doi.org/10.24200/jass.vol8iss1pp139-156.
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The main objectives of this study is to identify the nature of the sequences resulted from replacing the imprisonment punishment on the social, economic and security structure of the families from the point of view of the imprisoned individuals in the Qaseem region of Saudi Arabia. The study sample is composed of 239 jailed individuals representing the Qaseem prisons. In order to answer the main questions, the study used standards of descriptive statistical, and T-Tests of independent samples. The study has concluded that the degree of the reflection of imprisonment alternatives, as punishments, on the social structure of the family is of a high degree and with positive results from the point of view of the questioned individuals, as the main general average was 4.32. it has been shown that the application of imprisonment alternatives has had high positive results on the stability of the family, prevent social disintegration, protect the family of the jailed people, prevent social stigma, provide suitable atmosphere enables social integration of the families of the jailed individuals. Also, it has been elucidated that the application of alternative punishment has high-positive effects, with 4.18 overall average. Alternative punishments secure the families with fixed income, contributes to their economic welfare, and provide appropriate housing. The analyses indicated that alternative punishments have high positive effects in securing and protecting families from crimes, with overall average of 4.09. The study recommends that a public-awareness and opinion should be established and widespread in order to publicize recourse to alternative punishments to imprisonment. Furthermore, the effectiveness of alternative punishment should be emphasized in prevent the families from the social, economic and security negative consequences resulted from the imprisonment of the paterfamilias.
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POTTS, MAGGIE. "Punishment - a dignified alternative." Journal of the British Institute of Mental Handicap (APEX) 10, no. 1 (August 26, 2009): 33. http://dx.doi.org/10.1111/j.1468-3156.1982.tb00019.x.
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Nepomnyashchaya, Tatiana Viktorovna. "PROBLEMS OF IMPOSITION OF CRIMINAL PUNISHMENT ALTERNATIVE TO IMPRISONMENT." Law Enforcement Review 2, no. 2 (October 2, 2018): 80–89. http://dx.doi.org/10.24147/2542-1514.2018.2(2).80-89.
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The subject. The article is devoted to problems of appointment some criminal punishments alternative to the deprivation of liberty by courts in Russian Federation. The author gives an answer to the question, why punishments not related to imprisonment in the Russian Federation, especially deprivation of the right to occupy certain positions or engage in cer-tain activities, corrective labor, restriction of freedom, forced labor, are rarely appointed by courts, and the most common alternative punishments are only fine and mandatory work.Methodology. Author uses such researching methods as analysis and synthesis, formally legal, comparative legal.Results. The author proposes some concrete measures, aimed at expanding the practice of appointment some criminal punishments alternative to the deprivation of liberty.It is necessary to reduce the size of the fine established in the Criminal Code of the Russian Federation. It is necessary to establish a penalty in the sanction of norms on crimes of small and medium gravity, committed for mercenary motives and connected with causing mate-rial damage.In order of more effective serving of punishments in the form of compulsory and corrective works, it is necessary to interest employers, it can be expressed in granting tax credit ben-efits. The searching of specific facilities for serving corrective labor should be assigned to employment centers.It seems expedient to introduce deprivation of the right to occupy certain positions or en-gage in certain activities as the main type of punishment to all sanctions of the norms about the responsibility for crimes of small or medium gravity related to the professional activities of the person. It is necessary to eliminate gaps in the legislative regulation of punishment in the form of restricted liberty and to solve the problem of electronic monitoring of convicts using elec-tronic bracelets.Conclusions. The punishment in the form of deprivation of liberty should be appointed by courts only in cases, when the crime is highly dangerous, the identity of the criminal is also characterized by a high degree of public danger. Serious changes are also needed in the legislative regulation of sentences not related to deprivation of liberty, and a number of other organizational measures aimed at expanding the practice of applying these punish-ments.
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Antoniuk, Nataliia. "Differentiation of criminal responsibility of persons under age." Slovo of the National School of Judges of Ukraine, no. 4(33) (March 15, 2021): 76–87. http://dx.doi.org/10.37566/2707-6849-2020-4(33)-6.
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Differentiation of criminal responsibility of people underage is built based on decreasing of number of punishments which can be imposed on them, and decreasing the duration of these punishments. The feature of person underage also has an impact on peculiarities of exemption from criminal responsibility or punishment, on shortening the terms (statute limitation, criminal record etc.), on possibility of application of certain methods of influence under the Criminal code of Ukraine. Though, sanctions of the norms of the Special part of the Criminal Code are initially constructed to be applied to criminals older than 18 years. That’s why when norms concerning responsibility of a person underage are applied on sanctions of the Special part of the Code, the situations objecting to the primary idea of the legislator (to mitigate the punishment) occur. For instance, if the sanction contains several alternative punishments the court can`t impose some of them on the criminal underage due to normative restrictions. That’s why the judge sometimes is obliged to impose the most strict punishment, as the only one able for being imposed. Moreover, sometimes the court can`t impose any of the punishments, cause all of them can`t be applied to those younger than 18. The algorithm of mitigating punishment for criminals underage, proposed by the legislator, has lots of shortcomings. Sometimes the court has no choice but to impose absolutely defined punishment. Differentiation of criminal responsibility between different groups of people underage is imperfect as well. That’s why, it is necessary to widen the quantity of punishments, and decrease their borders proportionally in such a way, that differentiation of criminal responsibility among groups of people under 18 occurs. Punishments, which can be imposed by the court on persons underage must be restricted in proportional numbers, not absolute. It is reasonable to decrease by 20% for the age group of 16-17 years old and by 30% for the age group of 14-15 years old the upper limit of punishment, which is imposed on persons underage. These provisions must be applied while imposing either the main most strict punishment or alternative less strict main punishments and additional punishments. Keywords: differentiation of criminal responsibility, person underage, punishment, age category.
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Gonzalez, Miriam, Christine A. Ateah, Joan E. Durrant, and Steven Feldgaier. "The Impact of the Triple P Seminar Series on Canadian Parents’ Use of Physical Punishment, Non-Physical Punishment and Non-Punitive Responses." Behaviour Change 36, no. 02 (March 26, 2019): 102–20. http://dx.doi.org/10.1017/bec.2019.7.
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AbstractPhysical punishment of children is linked to negative developmental outcomes. The widely used Positive Parenting Program (Triple P) promotes alternative responses to physical punishment. Data on the effectiveness of the Triple P Seminar Series is limited. In this study, Canadian parents’ reports of physical punishment, non-physical punishment, and non-punitive responses were compared before and after they attended the Triple P Seminar Series. Twenty-seven parents of children aged 2 to 6 years attended the Seminar Series and completed pre- and post-intervention questionnaires measuring the number of times they used various physical punishments, non-physical punishments, and non-punitive responses in the past month. Hypotheses were tested using univariate descriptive analyses, paired samples t tests, and Wilcoxon Signed Rank Tests. Parents’ reports of physical punishment decreased on only one of the four physical punishment items (shaking/grabbing) from pre- to post-intervention. Over the course of the Seminar Series, parents became more likely to emphasise rules and to punish their children by taking things away from them. The findings suggest that the Seminar Series has limited effectiveness in reducing physical punishments or increasing non-punitive responses. Further research on this question is needed.
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Sandøy, Thomas Anton. "Alternative (To) Punishment: Assessing Punishment Experiences in Youth Diversion Programmes." British Journal of Criminology 60, no. 4 (January 10, 2020): 911–29. http://dx.doi.org/10.1093/bjc/azz088.
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Abstract This study explores the penal character of diversion programmes through the subjective experiences of young drug-law offenders. Specifically, punishment experiences are investigated through qualitative interviews with 24 offenders who were arrested between the ages of 15 and 17. The diverted adolescents described four experiences of punishment attending the programmes: (1) deprivation of time; (2) deprivation of social bonds; (3) deprivation of dignity and (4) deprivation of self. These subjective experiences of punishment, which all reflect the supervisory character of alternative penal sanctioning, differed in severity across programmes, individuals and abstraction levels. Punishment is largely an unspoken aspect of diversionary practices, emphasizing the importance of a subjectivist approach to assessments of penal character.
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Gejdoš, Miroslav. "EXPLANATION OF THE HISTORICAL DEVELOPMENT OF ALTERNATIVE PUNISHMENTS." International Journal of Legal Studies ( IJOLS ) 5, no. 1 (June 30, 2019): 429–27. http://dx.doi.org/10.5604/01.3001.0013.3248.
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In the academic paper, the author deals with the description of alternative punishments in the historical context. In particular, he focuses on the historical background of the devel-opment of punishments, the issue of imposing punishments in the territory of Slovakia from the earliest times, perceiving mainly the Middle Ages and the Modern History. He expertly explains the execution and imposition of various forms of punishment in the given period in the territory of Austria-Hungary as well as in the latter Czechoslovak Re-public until the beginning of the nineties. The aim of alternative punishments is to keep the convicted person out of prison and to impose that kind of sanction that will prevent any further crime and will protect society. The aim of this paper is to introduce various philosophical concepts that have influenced the development
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MACKAY, THOMAS A. W. N. "Punishment - viewed as a dignified alternative." Journal of the Institute of Mental Subnormality (APEX) 9, no. 1 (August 26, 2009): 4–7. http://dx.doi.org/10.1111/j.1468-3156.1981.tb00574.x.
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Hamdamiyan, Ahmad, and Ahmad Reza Behniafar. "Alternative Theoretical Foundations of Penal Sentences in Criminal Law with Regard to Iran's Islamic Penal Code 1392." Journal of Politics and Law 9, no. 3 (April 28, 2016): 40. http://dx.doi.org/10.5539/jpl.v9n3p40.
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<p>The failure of penalties depriving liberty in the social rehabilitation of offenders and to reduce the jail population and prevention of recidivism and reduce the costs of implementing the policy of freedom depriving punishment sentence depriving freedom of recent decades and the United Nations was considering legal systems.In depriving Iran from its initial rounds of legislative measures to restrict the scope of punishment was considered free.since 1370 substitution of alternative measures of punishment now widely spread than ever before converting a penalty in the form of suspension of its operation are available depriving of freedom.</p>Alternatives to punishment of imprisonment in the Penal Code in 1992 was taken into consideration in the new Penal Code in 1392 in addition to the previous alternatives of new cases of alternative punishment of prison is considered that including the daily fine, public services and care period pointed out.
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Baybarin, Andrey Andreevich, Maria Ivanovna Sinyaeva, Alina Igorevna Levchenko, Dina Nikolaevna Sadchikova, and Azamat Tynyshtykbayevich Aldabergenov. "Correctional labor as an alternative to imprisonment in modern problems of punishment assignment." SHS Web of Conferences 108 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202110802003.
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The global practice has shown many times that the primary means of struggling with criminality over the entire history of the civilized society is punishment. The modern legislator is constantly striving to improve its types by following global trends in its regulation, assignment and use. Efficiency of labor influence over the convict makes us pay a special attention to punishments suggesting mandatory labor nurturing. One of such punishments is correctional labor whose relevance of research is caused by the interest of the international society to use measures alternative to imprisonment. Despite the fact that legal systems of some foreign countries envisage and widely use punishments whose various characteristics are similar to domestic correctional labor, the Russian experience of their regulation and use can be useful, due to their specific nature, and interesting to any modern state, because the issue of implementing a rich potential of penology is especially relevant these days. At the same time there are significant issues in assignment of correctional labor, which area caused by imperfect construction of law. Research purpose is to study urgent issues of assigning correctional labor as an alternative to imprisonment in the Russian legal system. Methods: the analysis method allowed for characterization of specific features of assigning criminal punishment in the form of correctional labor and revealing primary problems in this area. The comparative method was used to collate specifics of correctional labor and probation. The prediction method helped defining perspectives to eliminate the identified disadvantages. An alternative mode of correctional labor has been criticized; measures have been offered to improve the legislative regulation of correctional labor within Article 53.1 of the Russian Federation Criminal Code.
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Hallich, Oliver. "Strafe als Vergeltung: Plädoyer für einen hermeneutischen Retributivismus." Zeitschrift für philosophische Forschung 75, no. 3 (August 15, 2021): 383–405. http://dx.doi.org/10.3196/004433021833548688.
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Retributivism is usually taken to be a theory of the justification of punishment. In this contribution, I develop an alternative understanding of retributivism. Rather than as a theory of the justification of punishment, I propose to regard it as a hermeneutic theory, i.e.a theory about how we understand (some) punishments. I start with an explanation of what "hermeneutical retributivism" is (1). In what follows, I examine the ramifications of this view (2). It leads to a different assessment of the relation between retributive theories and prevention theories (2.1) and of the relation between punishments and non-punitive mea- sures such as preventive custody (2.2). It also leads to a reconceptualisation of the problem of the justification of punishments (2.3). Some concluding remarks summarize the arguments in favor of hermeneutical retributivism (3).
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Casari, Marco, and Luigi Luini. "Cooperation under alternative punishment institutions: An experiment." Journal of Economic Behavior & Organization 71, no. 2 (August 2009): 273–82. http://dx.doi.org/10.1016/j.jebo.2009.03.022.
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Porzig-Drummond, Renata. "‘Help, not punishment’: Moving on from physical punishment of children." Children Australia 40, no. 1 (March 2015): 43–57. http://dx.doi.org/10.1017/cha.2014.47.
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Although the physical punishment of children is overall an ineffective disciplining strategy, has adverse long-term psychological effects, and carries the risk of physical punishment escalating into child abuse, parental physical punishment is lawful in all Australian states and territories within the bounds of lawful correction or reasonable chastisement. What is considered to be reasonable is open to considerable interpretation, which further increases the risk of physical harm to children. Physical punishment of children also contravenes the United NationsConvention on the Rights of the Child, which Australia has ratified. Although more effective disciplining strategies, such as cognitive-behavioural parenting strategies, are available and have been advocated by professional organisations, the vast majority of Australian parents condone parental physical punishment of children and are opposed to its prohibition. Predictors for this stance include perceived social norms, the belief that physically punishing children is an effective disciplining strategy and a parent's right, a perceived absence of alternative parenting strategies, and fear of prosecution if physical punishment were to be banned. Countries that have phased out the physical punishment of children have demonstrated that, to encourage a shift in parental attitudes and behaviours, public awareness about the detrimental effects of physical punishment and the effectiveness of alternative disciplining strategies needs to be raised. Additionally, parents require support through free and convenient access to evidence-based parenting programmes that promote alternative disciplining strategies; and the defence of lawful correction needs to be repealed, with the aim of setting a new standard, as well as education rather than prosecution.
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Kuznetsov, Alexandr, and Roman Novikov. "The Criminological and Legal Aspects of Using the Deferral of Punishment." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 834–44. http://dx.doi.org/10.17150/2500-4255.2020.14(6).834-844.
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The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.
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Einat, Tomer. "Shock-Incarceration Programs in Israeli Sanctioning Policy: Toward a New Model of Punishment." Israel Law Review 36, no. 1 (2002): 147–77. http://dx.doi.org/10.1017/s002122370001791x.
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Issues such as prison overcrowding, a growing realization that prisons cannot rehabilitate, and the belief that many inmates could be adequately managed in less intrusive and costly settings, have led Israeli scholars and practitioners, in the last four decades, to devote efforts to the development of alternative sanctions to imprisonment. Specifically, the focus has been on the development and elaboration of alternative sanctions that match the severity of punishment to the seriousness of the crime.Intermediate sanctions (also called “alternative sanctions,” “alternatives to imprisonment,” or “community-based sanctions”) have been proposed as “ways to manage the burgeoning numbers of offenders without sacrificing public safety.” These punishment options are considered to fall on a continuum between traditional probation supervision and traditional incarceration.
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Ilina, Oksana. "Contents of corrective work and problem questions of their applications." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 307–12. http://dx.doi.org/10.36695/2219-5521.1.2020.61.
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The article is devoted to the historical and legal analysis of such type of punishment as correctional labor. In States with market relations, punishments in the form of correctional labor are not applied, and it is not easy to find out the reason for this condition. We see the relevance of our research in finding out the problems of application and execution of correctional labor.
The purpose of this article is to analyze theoretical and practical recommendations aimed at improving the legislation and practice of correctional labor, based on the study of the historical development, changes in the political, economic, legal and social situation of the Ukrainian state, to identify the place of this type of punishment in the system of criminal penalties and to determine the true content of correctional labor as a type of criminal legal impact on convicts. Correctional labor is a measure of state coercion that is applied as the main type of punishment to a convicted person who does not have a main place of work, with the deduction of part of his salary to the state’s income.
In this work, the author defines the place of correctional labor in the system of punishments of Ukraine, the range of persons to whom this punishment can be applied, as well as the categories of persons to whom it is not applied. The article raises the question of the further existence of punishment in the form of correctional labor. Theoretical and practical prerequisites point to the need to exclude this type of punishment from the system of punishments.
Prospects for further scientific research in this direction should be scientific support for the removal of correctional labor from the criminal law, which will not only prove that the legislator takes into account the realities of today, but also a significant step in the modernization of the entire system of punishments. A real alternative to correctional labor in the sanctions of articles of the Special part of the Criminal code of Ukraine may well be a fine and community service.
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Sulaiman, Gohar, Muhammad Wasim Jan Khan, Israr Ali, and Zujaj Ahmed. "Nexus of Students Behaviors and Teachers Attitudes With Corporal Punishment in Peshawar Schools." Review of Education, Administration & LAW 3, no. 3 (December 31, 2020): 359–70. http://dx.doi.org/10.47067/real.v3i3.81.
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Throughout the world corporal punishment is seen as initial matter. In order to ensure discipline, institutes used corporal punishment as a tool. This study is undertaken in the background of emerging nations particularly Pakistan. It has been observed that on account of corporate punishment in Pakistan mostly students quit educational institutes. The current study discovers the occasion on teacher’s perception regarding corporal punishment across various chosen institutes of KPK. This study targets several well educational institutes of Peshawar, utilizing a survey questionnaire as the data collection instrument. The results show that corporal punishment, as a tool leaves negative indelible imprints on the minds of students and needs to be discouraged. Several methods alternative to corporal punishment for controlling student’s behavior are unknown to teacher. Further, this study exhumes alternative methods that helps teacher in controlling students’ behavior in the schools.
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Cherekhovich, M. M. "Development of the system of punishments without isolation from society in the Russian criminal law until 1917." Actual Problems of Russian Law, no. 8 (September 20, 2019): 41–46. http://dx.doi.org/10.17803/1994-1471.2019.105.8.041-046.
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The article investigates the process of development of the system of punishments applied without isolation from society in the Russian criminal law during the period from the 9th century till 1917. On the basis of the analysis of the most important written sources of law, the author concludes that deprivation of liberty had not been applied as a type of criminal punishment until the 16th century. The type of punishment under consideration had the features of an ecclesiastical and repentant penalty. The leading role in the system of punishment was assigned to various types of fines, monetary penalties, mutilation (maiming) penalties and death penalty. Sentences alternative to deprivation of liberty were commonly used during the reign of Peter the Great for the purpose of using convicts in state-building facilities. The tendency to punish minor crimes by imposing monetary penalties or public works instead of imprisonment was initiated during the reign of Catherine the Second and was finally outlined by the middle of the 19th century. Until 1917, types of punishment that did not envisaged isolation from society prevailed in the Russian system of criminal penalties.
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Berman, Douglas A. "Home Detention As an Alternative Punishment for Criminal Offenders:." Legal Reference Services Quarterly 13, no. 2 (May 10, 1994): 45–80. http://dx.doi.org/10.1300/j113v13n02_04.
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Qaiser, Zarfishan, and Khushbakht Qaiser. "Evolving Mechanisms for Rehabilitation of offenders through Probation as an alternative to Punishment in Judicial system of Pakistan." Global Legal Studies Review V, no. III (September 30, 2020): 62–69. http://dx.doi.org/10.31703/glsr.2020(v-iii).08.
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Crime and punishment have always been considered as two sides of the same coin. In the primitive legal systems, the real object of inflicting punishment was deterrent and retributive, however, with the evolution of concepts of rights and civil liberties the restorative justice movement started gaining momentum in criminal administration of justice, the need to reconsider the objects of punishment has arisen and various theories were evolved to juxtapose these two extremes in such an optimum manner that ends of administration of justice could best be achieved. This article aims to find out the ways for proper implementation of probation laws to make community service as an alternative to crude punishment which seemed to have ignored the very object of punishment i.e., reformation for the betterment of society
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Sebba, Leslie. "Punishment and its Alternatives — A Comment." Israel Law Review 25, no. 3-4 (1991): 753–58. http://dx.doi.org/10.1017/s0021223700010736.
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The papers presented in this last session of the Conference — by Marc Galanter and Richard Abel — tend towards a quasi-sociological perspective, emphasizing the limits of the applicability of the criminal law and its implementation, and drawing attention to alternative normative systems — whether extra-penal or extra-legal.The papers differ, however, in at least two important respects. The first difference is in tone and orientation. While Galanter is essentially pragmatic, Abel's perspective is radical. On this point it is interesting to observe that Abel's radical criticisms are directed primarily at the inadequacies of the law in the context of the protection of the weaker members of society. Until recently, the radical thrust was generally directed at the overuse of the law against the underprivileged. Recently conducted victim surveys have pointed to the victimization of the poor by offenders rather than as offenders, and this information clearly forms part of the backdrop to Abel's analysis.
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Ferrante, Marcelo. "Deterrence and Crime Results." New Criminal Law Review 10, no. 1 (January 1, 2007): 1–77. http://dx.doi.org/10.1525/nclr.2007.10.1.1.
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This article offers a comprehensive study of the merits of the legal practice of punishing accomplished crimes more severely than attempted crimes all other things being equal (differential punishment)vis-àà-vis the alternative of punishing them with equal sanctions (equal punishment).Unlike the overwhelming majority of the literature on the issue--which focuses on which practice better mirrors the offenders' relative moral deserts--the article evaluates both practices from a consequentialist, deterrence-based point of view. In particular, it shows first that traditional economic theories of the criminal law should yield the conclusion that differential punishment is not superior to equal punishment.The few arguments that the economic literature offers against such conclusion, the article shows, are mistaken. Secondly, drawing on social and psychological findings, the article advances three new arguments showing that, under some likely social and psychological conditions, differential punishment is in fact a superior alternative to equal punishment.
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Stankevič, Adam. "The Punishment of Murderers in the Noble Courts of the Grand Duchy of Lithuania in the Second Half of the 18th Century." Lithuanian Historical Studies 24, no. 1 (December 9, 2020): 31–60. http://dx.doi.org/10.30965/25386565-02401002.
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This article gives an analysis of the punishment the noble courts of the Grand Duchy of Lithuania applied to murderers in the second half of the 18th century, where the noble courts acted as courts of first instance in hearing murder cases. The author aims to determine the catalogue of punishments applied in such cases and the trends in the application of punishments in terms of how they conformed with the valid legal norms of the day, and search for manifestations of the humanisation of the law. After an examination of 184 verdicts, the author found that in cases of wilful murder, the noble courts usually applied the death penalty as per the set laws. Exceptions applied only to individuals from the estate of nobles, who instead of receiving a death sentence were sometimes sentenced to lower or upper tower punishment, which was by law ordinarily applied to other crimes. At the same time, the executors avoided qualified ways of applying the death sentence (capital punishment). Of the qualified forms of punishment, only quartering was applied, usually to those convicted of the aforementioned crime, ritual murder, and, in some instances, in cases of robbery. Alternative forms of punishment were episodic, and were only applied to a small number of convicted persons: imprisonment as a form of punishment recommended by philosophers of the Age of Enlightenment was applied in only 5.3 per cent of murder cases. In most instances, imprisonment was related to the introduction of the 1782 Cardinal Laws of the Permanent Council. In this way, the research reveals the conservative nature of the estate of nobles in the Grand Duchy of Lithuania, and their efforts to continue to adhere to the strict law outlined in the Third Statute of Lithuania. It is likely that this practice could have been a result of the poor state of the penitentiary system, as there was not a single public prison in the Grand Duchy of Lithuania at the time where long-term imprisonment could have been possible.
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Et.al, Daleleer Kaur Randawar. "Community Service as an Alternative Form of Punishment under the Domestic Violence Act 1994 in Malaysia." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 10, 2021): 1147–55. http://dx.doi.org/10.17762/turcomat.v12i3.859.
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This article intends to explore the punishment meted under the law relating to domestic violence in Malaysia. The investigation extended to an analysis with the need to implement and introduce community service as a form of punishment for domestic violence offences. A comparative legal research methodology is employed in comparing the positions in Malaysia and certain selected jurisdiction. It is expected that the findings of this paper will look into the need to introduce and implement community service as a form of punishment which will optimisticallyencourage repentance by the offender and preserve the sanctity of marriage. Community service as a form of punishment will be a great intervention that will more likely emphasize the responsibility of the wrongdoer in healing a family relationship. The article seeks to suggest legislative reforms which will involve a comparative study of other comparable jurisdictions.
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Sayre-McCord, Geoffrey. "Criminal Justice and Legal Reparations as an Alternative to Punishment." Philosophical Issues 11, no. 1 (October 2001): 502–29. http://dx.doi.org/10.1111/j.1758-2237.2001.tb00055.x.
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Sayre-McCord, Geoffrey. "Criminal Justice and Legal Reparations as an Alternative to Punishment." Nous 35, s1 (October 2001): 502–29. http://dx.doi.org/10.1111/0029-4624.35.s1.19.
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Selman, Kaitlyn J. "Imprisoning ‘Those’ Kids: Neoliberal Logics and the Disciplinary Alternative School." Youth Justice 17, no. 3 (June 12, 2017): 213–31. http://dx.doi.org/10.1177/1473225417712607.
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Despite a perceived retrenchment of exclusionary school punishment, the disciplinary alternative school has emerged as a space in which to enforce upon marginalized students the logics of neoliberal carcerality. This article draws on the code of conduct handbooks of 15 Texas Disciplinary Alternative Education Programs to illustrate how this space seeks to reaffirm social and economic marginality for certain youth. Specific processes in the alternative school prepare youth for a life of imprisonment, often characterized by criminal justice system involvement, but also precarious (un)employment. As such, this article situates the disciplinary alternative school as one of many ‘alternatives’ to carcerality through which the carceral state maintains its power.
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Furukawa, Emi, Brent Alsop, Shizuka Shimabukuro, Paula Sowerby, Stephanie Jensen, and Gail Tripp. "Increased Behavioral Sensitivity to Repeated Experiences of Punishment in Children With ADHD: Experimental Studies Using the Matching Law." Journal of Attention Disorders 25, no. 12 (August 27, 2021): 1665. http://dx.doi.org/10.1177/1087054720914384.
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Background: Research on altered motivational processes in ADHD has focused on reward. The sensitivity of children with ADHD to punishment has received limited attention. We evaluated the effects of punishment on the behavioral allocation of children with and without ADHD from the United States, New Zealand, and Japan, applying the generalized matching law. Methods: Participants in two studies (Furukawa et al., 2017, 2019) were 210 English-speaking (145 ADHD) and 93 Japanese-speaking (34 ADHD) children. They completed an operant task in which they chose between playing two simultaneously available games. Rewards became available every 10 seconds on average, arranged equally across the two games. Responses on one game were punished four times as often as responses on the other. The asymmetrical punishment schedules should bias responding to the less punished alternative. Results: Compared with controls, children with ADHD from both samples allocated significantly more responses to the less frequently punished game, suggesting greater behavioral sensitivity to punishment. For these children, the bias toward the less punished alternative increased with time on task. Avoiding the more punished game resulted in missed reward opportunities and reduced earnings. English-speaking controls showed some preference for the less punished game. The behavior of Japanese controls was not significantly influenced by the frequency of punishment, despite slowed response times after punished trials and immediate shifts away from the punished game, indicating awareness of punishment. Conclusion: Punishment exerted greater control over the behavior of children with ADHD, regardless of their cultural background. This may be a common characteristic of the disorder. Avoidance of punishment led to poorer task performance. Caution is required in the use of punishment, especially with children with ADHD. The group difference in punishment sensitivity was more pronounced in the Japanese sample; this may create a negative halo effect for children with ADHD in this culture.
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ABDERREZAK, Ismahane. "MEDIATION AS AN ALTERNATIVE MECANISM FOR A PUBLIC LAWSUIT." RIMAK International Journal of Humanities and Social Sciences 03, no. 07 (September 1, 2021): 01–10. http://dx.doi.org/10.47832/2717-8293.7-3.1.
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Criminal mediation is one of the modern means that represents one of the most important legal mechanisms for resolving disputes in a way distinct from what is required by classic judicial procedures. Modern criminal policy has tended towards consensual solutions or consensual conciliatory justice in many cases as a reliable strategic option in reconciling the state’s right to punishment, And the right of the criminal to reform and reintegration, in an attempt to reduce the phenomenon of the criminal justice crisis and the increase in the number of cases before it, and the failure of short-term punishment, so it became necessary to search for better alternatives to gain effort and time and maintain social relations between members of society by introducing a mediator who works on bringing the points of view between the parties to the dispute, and the establishment of an agreement that guarantees reparation for the harm suffered by the victim and guarantees the rehabilitation of the offender under judicial supervision.
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Thyer, Bruce A. "Punishment-Induced Aggression: A Possible Mechanism of Child Abuse?" Psychological Reports 60, no. 1 (February 1987): 129–30. http://dx.doi.org/10.2466/pr0.1987.60.1.129.
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Instances of physical child abuse following parental exposure to an aversive stimulus may be viewed as an instance of punishment-induced aggression. This behavior-analytic perspective is more parsimonious than alternative hypotheses about the existence of parental cognitive, trait or dispositional mediators of child abuse, and suggests alternative methods of intervention.
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Walton, Brooke, and Bernadette J. Saunders. "Towards an Understanding of Children’s Perceptions of Physical Punishment in the Family Context." International Journal of Children’s Rights 28, no. 2 (June 17, 2020): 401–23. http://dx.doi.org/10.1163/15718182-02802007.
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This qualitative synthesis explores how children perceive physical punishment in the family context. A search of four online databases identified eight qualitative studies. Findings revealed that children provided detailed accounts about their experiences of physical punishment, and they associated physical punishment with both emotional and physical pain. Children justified the use of physical punishment based on their precipitating behaviour, their status, and the intergenerational transmission of physical punishment. Children suggested alternative discipline to physical punishment, and urged caregivers to respect them. Children also recognised that physical punishment escalated in severity and negatively influenced the parent-child relationship. The results highlight the benefit of including children in research, the need to understand the factors that shape children’s perspectives and, most importantly, the ongoing influence of the United Nations Convention on the Rights of the Child (uncrc) (1989), to ensure that children’s human rights are recognised, and more widely upheld worldwide.
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Kerr, Gretchen, Anthony Battaglia, Ashley Stirling, and Ahad Bandealy. "Examining Coaches’ Perspectives on the Use of Exercise as Punishment." International Sport Coaching Journal 7, no. 3 (September 1, 2020): 306–16. http://dx.doi.org/10.1123/iscj.2018-0100.
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The negative consequences associated with punishment, highlighted by researchers in the parenting and education domains, have stimulated a shift toward more developmentally appropriate methods of behavior modification. Despite the reported negative outcomes linked with punishment use, preliminary research in sport indicates that punishment, specifically in the form of exercise, remains a common strategy in this domain. The purpose of this study therefore was to explore interuniversity coaches’ perspectives on the use of exercise as punishment. Semistructured interviews with eight interuniversity coaches (four males and four females) were conducted. Data were analyzed using inductive thematic analysis. Participant accounts revealed that exercise as punishment was implemented frequently in a variety of forms (e.g., push-ups and sprints). Perceived benefits for the use of exercise as punishment, such as performance motivation and team cohesion, as well as suggested alternative methods of behavioral modification were also reported. Findings are interpreted in accordance with punishment, shaming, and coach education research. Recommendations for future research and practice are suggested.
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Nurfatlah, Titin, Amiruddin Amiruddin, and Ufran Ufran. "The Shift Paradigm of the Death Penalty in the Draft Criminal Code." Unram Law Review 4, no. 1 (April 20, 2020): 54–63. http://dx.doi.org/10.29303/ulrev.v4i1.111.
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This study aims to determine the concept of the death penalty in the future Indonesian criminal law. The method used is a normative research method. The approaches in this research are the statute approach, conceptual approach, historical approach, and comparative approach. The conclusion based on the results of the research, the death penalty in the Draft of the Penal Code is no longer a primary punishment but has separate rules. The provisions of the death penalty in the Draft Penal Code is particular and as an alternative punishment. The purpose of this death penalty provision includes giving broader consideration for judges in giving decisions as not arbitrary towards the convicted; give more attention to the objectives of the punishment. Additionally, the provision advocates the death penalty as a last resort in protecting the community, as the judges shall look for other punishment as an alternative to the death penalty. The Draft of the Criminal Code bases on Neo-Classical school of thought, which maintains a balance between objective factors (actions/outward) and subjective factors (people/ inner/inner attitudes).
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Yoshino, Toshihiko, and Hiroshi Kimura. "Response occurrence to the non-reinforced alternative through punishment in rats." Japanese journal of psychology 62, no. 1 (1991): 9–15. http://dx.doi.org/10.4992/jjpsy.62.9.
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Thompson, Rachel H., Brian A. Iwata, Juliet Conners, and Eileen M. Roscoe. "EFFECTS OF REINFORCEMENT FOR ALTERNATIVE BEHAVIOR DURING PUNISHMENT OF SELF-INJURY." Journal of Applied Behavior Analysis 32, no. 3 (September 1999): 317–28. http://dx.doi.org/10.1901/jaba.1999.32-317.
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In Sup Han. "Conscientious Objection in South Korea: From Punishment to Alternative Civilian Services." 법과정책 21, no. 3 (December 2015): 439–74. http://dx.doi.org/10.36727/jjlpr.21.3.201512.015.
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Laptev, D. B., and A. A. Fedorov. "Classification of Other Criminal Measures on Targeting and Alternative (Conjugacy) Punishment." Rossijskoe pravosudie 6 (May 26, 2021): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2021.6.99-104.
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The article explores approaches to content of classification and principles of its construction. It is proposed to define the classification of other measures of a criminal legal nature as a slender, logically consistent set of individual categories (groups), including the distribution of other measures of a criminal legal nature, based on independent and subordinate classification grounds. The authors attempt to develop scientifically based grounds for classifying other criminal legal measures on the purpose and alternative (conjugation) of punishment. Other criminal legal measures applicable for the purpose of testing, raising or curing a subject, i. e. correcting their behavior or state of health, as well as other criminal legal measures aimed at restricting the property rights of the subject, affecting their property (including financial status) in order to restore social justice and compensation for damage caused to society and the State as a result of the commission of a crime, are identified.
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HOWELLS, GARY N., KELLY A. FLANAGAN, and VIVIAN HAGAN. "Does Viewing a Televised Execution Affect Attitudes Toward Capital Punishment?" Criminal Justice and Behavior 22, no. 4 (December 1995): 411–24. http://dx.doi.org/10.1177/0093854895022004005.
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Two hundred and ninety one registered California voters completed Peterson and Thurstone's Attitude Toward Capital Punishment scale. About half of the participants then viewed a videotape of two executions, and the other participants watched a nature film. All of the respondents then completed an alternative version of the capital punishment attitude scale. Significantly more viewers of the execution videotape reduced their support for capital punishment than did viewers of the control film, suggesting that resumption of public (i.e., televised) executions may somewhat reduce support for the death penalty.
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Bone, Jonathan, Antonio S. Silva, and Nichola J. Raihani. "Defectors, not norm violators, are punished by third-parties." Biology Letters 10, no. 7 (July 2014): 20140388. http://dx.doi.org/10.1098/rsbl.2014.0388.
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Punishment of defectors and cooperators is prevalent when their behaviour deviates from the social norm. Why atypical behaviour is more likely to be punished than typical behaviour remains unclear. One possible proximate explanation is that individuals simply dislike norm violators. However, an alternative possibility exists: individuals may be more likely to punish atypical behaviour, because the cost of punishment generally increases with the number of individuals that are punished. We used a public goods game with third-party punishment to test whether punishment of defectors was reduced when defecting was typical, as predicted if punishment is responsive to norm violation. The cost of punishment was fixed, regardless of the number of players punished, meaning that it was not more costly to punish typical, relative to atypical, behaviour. Under these conditions, atypical behaviour was not punished more often than typical behaviour. In fact, most punishment was targeted at defectors, irrespective of whether defecting was typical or atypical. We suggest that the reduced punishment of defectors when they are common might often be explained in terms of the costs to the punisher, rather than responses to norm violators.
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Ludiana, Tia. "EKSISTENSI PIDANA MATI DALAM PEMBAHARUAN HUKUM PIDANA (KAJIAN TERHADAP PIDANA MATI DALAM RUU KUHP)." Vol. 21 No 1 April 2020, no. 21 (July 14, 2020): 60–79. http://dx.doi.org/10.23969/litigasi.v21i1.2394.
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A number of criminal laws in Indonesia impose capital punishment including the KUHP. Death penalty has raised pros and cons in its imposement while countries around the world has abolished the penalty. Indonesia, however, seems to keep this provision applies as seen in the articles of the RUU KUHP that imposes capital punishment even though it is slightly different in nature from what is in KUHP. This writing aimed to learn about the existence of the capital punishment through its development from it is in the KUHP and in RUU KUHP. The findings of thisresearch showed that death penalty regulated in the KUHP is punishment for major crimes while in RUU KUHP it is specified for crimes with alternative enforcement. The capital punishment, therefore will remain imposed by Indonesian authority even though the future application will be different
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Makhfud, M. "Urgensi Hukuman Mati Bagi Koruptor Dengan Pengabaian Penderitaan Yang Akan Diderita." SALAM: Jurnal Sosial dan Budaya Syar-i 6, no. 3 (November 9, 2019): 317–30. http://dx.doi.org/10.15408/sjsbs.v6i3.13200.
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Abstract:A guilty person deserves the penalty of punishment, and must get suffering in return, without considering how much benefit to society if he is subject to punishment. Regardless of how big the consequences of moral punishment someone who has done wrong is better in law than not punished. Therefore, the authors provide an alternative sanction of the death penalty as an alternative final punishment for perpetrators of corruption. So that it can be a meaningful lesson for the next generation. This study uses qualitative methods on the available data. In addition to analyzing and observing the current reality.Keywords: Death Penalty, Corruption, Sanctions Abstrak:Seseorang bersalah patut mendapatkan ganjaran hukuman, dan harus mendapatkan penderitaan sebagai balasannya, tanpa mempertimbangkan seberapa besar manfaatnya bagi masyarakat jika dia dikenai hukuman. Terlepas seberapa besar konsekuensinya dari penghukumannya secara moral seseorang yang telah berbuat salah lebih baik di hukum dari pada tidak dihukum. Oleh karenanya, penulis memberikan alternatif sanksi hukuman mati sebagai alternatif akhir pemidanaan bagi pelaku kejahatan korupsi. Sehingga dapat menjadi pelajaran berarti bagi generasi selanjutnya. Penelitian ini menggunakan metode kualitatif pada data yang tersedia. Selain dengan melakukan analisa dan observasi pada realita yang ada saat ini.Kata Kunci: Hukuman Mati, Korupsi, Sanksi
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Hussain, Basharat, Waheed Chaudhry, and Ali Askar. "From Providing ‘Alternative Punishment’ to Offering ‘Punishment in the Community’: The History and Development of Community Penalties in Britain." ABC Journal of Advanced Research 1, no. 2 (2012): 77–84. http://dx.doi.org/10.18034/abcjar.v1i2.8.
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Clark, Michael. "Retribution and Organic Unities." Journal of Moral Philosophy 3, no. 3 (2006): 351–58. http://dx.doi.org/10.1177/1740468106071231.
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AbstractG.E. Moore argued that his principle of organic unities, according to which the value of a whole is to be distinguished from the value of the sum of its parts, is consistent with a retributivist view of punishment: both crime and punishment are intrinsic evils but the combination of the crime with the punishment of its perpetrator is less bad in itself than the crime unpunished. Moore’s principle excludes any form of retributivism that regards the punishment of a guilty person as an intrinsic good. Jonathan Dancy offers a different account of such unities on which, pace Moore, value does not necessarily stay the same from one context to another. This alternative account is defended, but still seems to create difficulties for various forms of retributivism.
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Stepashin, Vitaly Mikhailovich. "THE PROBLEM OF MANDATORY REPLACEMENT OF PUNISHMENT TO MORE SEVERE ONE." Law Enforcement Review 2, no. 2 (October 2, 2018): 90–96. http://dx.doi.org/10.24147/2542-1514.2018.2(2).90-96.
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The subject. The article deals with the problem of mandatory replacement of punishment, not related to imprisonment, with more stringent measures of state coercion due to mali-cious evasion from serving the applicable penalties.The purpose of the article is to identify the criteria for replacement of punishments to more severe one, including multi-stage replacement.Methodology. The author uses the method of analysis and synthesis, as well as formal legal method and dialectic approach.Results. The most vivid embodiment of the principle of the economy of repression is the provision of the courts the possibility of using alternative types of punishment that are al-ternative to deprivation of liberty (from fine to forced labor). Obviously, the economy of repression should be conditional.The economy of repression always involves a certain risk, which is, first of all, a threat to evade the convict who is serving the least repressive measure of influence. Consequently, the application of the most lenient repressive measure of state coercion must be compen-sated by the mechanism for ensuring its implementation.In the Criminal Code of the Russian Federation, the legislator uses different formulations that exclude a uniform solution to the question of a multi-step replacement of punishments.It requires a change in the provisions of federal laws that are not related to criminal law, as well as by-laws that transfer the replacement of punishment in the form of a fine and man-datory works with a more severe punishment from imperative to dispositive - contrary to the direct requirements of the criminal law.Conclusions. The legislative decision on the obligation of replacement should be clear and uniform. The current approach of the legislator is not justified, since the reality of replace-ment in determining the malicious evasion of the convicted person from serving the pun-ishment assigned to him should be the same regardless of the type of punishment served and should not become an automatic substitute, otherwise the court is deprived of the op-portunity to fully and comprehensively investigate the issue of the expediency of such a replacement in terms of the reasons for committing this violation of the regime and the achievement of the objectives of criminal punishment. Evasion of the convicted person from the sentenced punishment should always lead to neg-ative consequences for him, however, the institution of substitution of punishment for stricter ones does not meet this requirement.
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Budic, Marina. "Kant's retributivism and the death penalty." Theoria, Beograd 60, no. 3 (2017): 130–54. http://dx.doi.org/10.2298/theo1703130b.
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The paper deals with Kant's notion of punishment in general, as well as one specific form of punishment, namely, the death penalty. In the first part of the article we will exmine, Kant's views on punishment as well as an extent to which it is retributive. According to Kant's view, offenders should be punished exclusively for having committed an offense (retribution), and proportionally to the crime commited (ius talionis). In recent literature, there are interpretations that indicate Kant's criminal theory is not completely retributive, but rather combined, so that it contains elements of retribution and intimation. If we clearly outline the goal, justification and extent of punishment, the purpose and justification of forming the state (time and punishment), we will make sure that these interpretations are incorrect. The paper shows that Kant retribution determines the goal and justification of punishment, that the reason and justification of the state (and punishment) is the achievement of justice, that is, the preservation of individual freedoms of citizens on an equal footing, while the control of crime should be understood as the achievement of this goal. Also, one needs to bear in mind the distinction between the factual and the normative level - Kant claims that a person should be punished exclusively for having committed the offense, although her punishment simultaneously intimidates or deters the offense of another citizens, which is a factual claim. The theory of punishment prescribes the goal and justification of punishment, which falls within the normative domain, and in Kant?s opinion, it is fundamentally retributive. It is also necessary to take into account another distinction that Kant introduces, which is the distinction between the noumenal and phenomenal spheres of existence. Justice is a noumen or an idea, that the state pursues to achieve, while it is realized or made into a phenomenon when the state applies laws and penalties in a particular community. Intimidation or control of crime is part of the realization of justice in the empirical world. The second part deals with Kant's affirmation of the death penalty, objections to this affirmation, and ultimately, an alternative to this punishment is proposed. The alternative to the death penalty stems from incoherence in the application of the ius talionis principle. That could be one Kantian approach to punishment. A lifetime imprisonment argument avoids the objection of irreversibility of punishment (the argument from the irrevocability of the death penalty) and is in line with the basic principles of Kant's ethics.
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Ross, Don. "Special human vulnerability to low-cost collective punishment." Behavioral and Brain Sciences 35, no. 1 (January 31, 2012): 37–38. http://dx.doi.org/10.1017/s0140525x11000896.
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AbstractGuala notes that low-cost punishment is the main mechanism that deters free-riding in small human communities. This mechanism is complemented by unusual human vulnerability to gossip. Defenders of an evolutionary discontinuity supporting human sociality might seize on this as an alternative to enjoyment of moralistic aggression as a special adaptation. However, the more basic adaptation of language likely suffices.
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Haupt, Harry, Friedrich Lösel, and Mark Stemmler. "Quantile Regression Analysis and Other Alternatives to Ordinary Least Squares Regression." Methodology 10, no. 3 (January 1, 2014): 81–91. http://dx.doi.org/10.1027/1614-2241/a000077.
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Data analyses by classical ordinary least squares (OLS) regression techniques often employ unrealistic assumptions, fail to recognize the source and nature of heterogeneity, and are vulnerable to extreme observations. Therefore, this article compares robust and non-robust M-estimator regressions in a statistical demonstration study. Data from the Erlangen-Nuremberg Development and Prevention Project are used to model risk factors for physical punishment by fathers of 485 elementary school children. The Corporal Punishment Scale of the Alabama Parenting Questionnaire was the dependent variable. Fathers’ aggressiveness, dysfunctional parent-child relations, various other parenting characteristics, and socio-demographic variables served as predictors. Robustness diagnostics suggested the use of trimming procedures and outlier diagnostics suggested the use of robust estimators as an alternative to OLS. However, a quantile regression analysis provided more detailed insights beyond the measures of central tendency and detected sources of considerable heterogeneity in the risk structure of father’s corporal punishment. Advantages of this method are discussed with regard to methodological and content issues.