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Gallagher, Scott. "Replacing punishment: the ethics of alternatives to legal punishment." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/14079.
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The purpose of this dissertation is to analyze the morality of putative alternatives to punishment. I will explore what makes them non-punitive, define them, and analyze whether they can be justified. The structure of the dissertation is as follows. The first chapter investigates the concept of punishment. I will defend a definition of punishment: authorized, retributive, intended harm. Then I will proceed to explain the need to justify punishment, and give an overview of how it is at least plausible to believe that no justification has yet succeeded. I will end the chapter with a brief discussion of the requirements of a criminal justice system. The second chapter is about money. I will scrutinize whether the theory of 'pure restitution' may completely replace punishment. I will argue that it cannot, and furthermore I will caution against the widespread use of mandatory monetary restitution. I will also provide a positive argument for the state's duty to provide compensation to victims of violent crime. The third chapter brings in the true heavyweights for non-punitive interventions: offender rehabilitation and offender incapacitation. After defining them, explaining why they are non-punitive, and defending justifications for them, I will conclude that they provide the most substantive opportunities for the state to shift its criminal justice burden s away from punishment. In the fourth chapter I will explore rituals: restorative justice conferences, trial and therapeutic jurisprudence, re-entry ceremonies and apologies. My argument for a minimally punitive regime will come together in the last chapter. In doing so I will explain why a state must rely on punishment to a small but crucial extent, and that punishment can be minimized drastically in comparison to today's practices. I will also address concerns regarding security and deterrence.
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Sekhwama, Avhashoni Molly, A. P. Kutame, and M. C. Dube. "Alternatives to corporal punishment in maintaining discipline in rural primary schools." Thesis, University of Zululand, 2019. http://hdl.handle.net/10530/1820.
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A thesis submitted to the Faculty of Education in fulfilment of academic requirement for the Degree of Master of Education in the Department of Planning and Administration at the University of Zululand, 2019.The abolishment of corporal punishment has left many teachers with high stress on how to deal with undisciplined learners. Teachers in both public and independent rural primary schools find it difficult to maintain discipline resulting in the number of criminal activities and ill-discipline of learners. In South Africa, the department does not seem to be assisting educators in dealing with abusive and disruptive learners. The aim of this study was to investigate the application of alternatives to corporal punishment for maintaining discipline in rural primary schools. Both qualitative and quantitative research approaches were used to collect data. The results of this study indicate that alternatives to corporal punishment are effectively applied in primary schools and are effective. However, some do not encourage those alternatives, they think these result in misconduct. Some educators suggest that learners need to be punished corporally in order to maintain discipline in them, which is why the majority of teachers are still practicing corporal punishment. They think it is effective in maintaining discipline. All schools using alternative methods have reported positive response to their methods in dealing with misbehaviour of learners in classroom and outdoors. It can be concluded that teachers are still applying corporal punishment in maintaining discipline and therefore need training in dealing with disruptive learners in maintaining discipline in schools as corporal punishment is lawfully banned in schools.
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Ngidi, D. P. "Educators' Usage of Different Disciplinary Measures as Alternatives to corporal Punishment." University of Venda, 2007. http://hdl.handle.net/11462/242.
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Full ArticleABSTRACT This study investigated educators' usage of different disciplinary measures for learners' misconduct inside the classroom (level 1) as alternatives to corporal punishment To this end, the Level 1 Disciplinary Action Scale (LIDAS) was used. The findings indicated that educators differ significantly in the extent to which they use verbal warning, community service, demerits, additional work, small menial tasks, and detention as alternatives to corporal punishment The findings also indicated that educators'gender has a significant influence on their usage of community service. The findings further indicated that teaching experience has a significant influence on educators' usage of detention and that the teaching phase has a significant influence on their usage of demerits. The findings also showed that educators differ significantly in the extent to which they use corporal punishment in school.
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Chonco, S’bonakaliso David, A. P. Kutame, and I. S. Kapueja. "The effects of alternatives to corporal punishment to maintain learner discipline in secondary schools in King Cetshwayo District." Thesis, University of Zululand, 2019. http://hdl.handle.net/10530/1774.
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A Thesis submitted to the Faculty of Education of the requirements for the Degree of Doctor of Education in the Department of Educational Foundation and Management at the University of Zululand, 2019.Corporal punishment was a world phenomenon based on the belief that for learners to behave correctly, they need to be punished through pain inflicting means. However, some countries started realizing that corporal punishment had adverse effects on learners and learning and therefore abolished it. South Africa followed suit and banned corporal punishment in 2000 and in its place, the Department of Basic Education and Training introduced Alternatives to Corporal Punishment (ACP). Despite the introduction of alternatives to corporal punishment, cases of application of corporal punishment are still being reported. The purpose of this study was to investigate the effects of alternatives to corporal punishment in maintaining learner discipline in secondary schools within the King Cetshwayo District. Mixed method approach was followed. Semi structured interviews and questionnaires were used to collect data. The sample consisted of 13 principals, 30 educators and 322 grade 12 leaners were involved in responding to the questionnaires. For the qualitative side, 2 Circuit Managers and 2 principals, 2 educators and 2 RCL learners participated in the semi structured interviews in this study. SPSS version 25 was used to analyse quantitative data and thematic analyses was used to analyse qualitative data. Results showed that there are alternatives to corporal punishment that are considered effective by all the respondents. These include inviting parents to school to discuss the behaviour of their children, the involvement of the School Governing Body, convening tribunal. The study also revealed that learners and educators hold different views when it comes to the effectiveness of other alternatives, which include, rendering community services by learners, suspension of learners for 14 days, additional work that can be done by learners at school and depriving learners from participation in extra- mural activities. The study recommends further research on the learner’s perception on ill-discipline in schools and the strategies that can be used by the teachers in maintaining discipline. This study concludes that the circuit managers, teachers, principals and learners take all the alternatives to corporal punishment wherein the parents are involved as effective. This study proposed the model for guiding the implementation on the alternatives to corporal punishment
National Research Foundation of South Africa
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Short, Jeffrey. "A case study of jail diversion : the Dekalb County Jail Diversion Treatment Court." Thesis, Georgia Institute of Technology, 2003. http://hdl.handle.net/1853/28569.
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Billie, Sikelelwa khuthala. "Teachers' perceptions on the non- implementation of the alternatives to corporal punishment policy : a case study." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/${Handle}.
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This study aims to identify the perceptions that teachers have regarding the nonimplementation of the Alternatives to Corporal Punishment Policy (ATCP). Using a qualitative research approach, data was collected from teachers in a high school in Mdantsane that is still using corporal punishment. The main tools of data collection used were semi-structured interviews and document analysis. The findings from this study revealed a range of factors that influence teachers not to implement the alternatives to corporal punishment policy. These include: culture, religion, lack of parental involvement, violence in schools and lack of capacitation in teachers on the policy. Moreover the findings of this study revealed that if new policies are imposed on implementers there is bound to be resistance. This study therefore recommends that new policies need to be discussed and agreed upon by both the policy makers and policy implementers. The study also recommends that teachers need capacity building workshops so that they understand the need and the benefits of implementing the ATCP.
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Kalipa, Velelo Clifton. "Supporting the implementation of alternatives to corporal punishment in the Eastern Cape secondary schools : towards a framework for school management teams and teachers." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/5664.
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Alternative to corporal punishment in schools is a worldwide practice. Most countries have banned the use of corporal punishment in schools and have promulgated laws and adopted policies aiming to enforce the practice of alternative to corporal punishment. South Africa is one of the countries that have introduced policy on alternatives to corporal punishment. However, this policy does not provide details on how School Management Teams (SMTs) and teachers should support the implementation of alternatives to corporal punishment; as a result, schools end up having different approaches in as far as implementing alternatives to corporal punishment is concerned. There is also a serious problem of indiscipline in schools and this has since attracted growing attention of researchers in South Africa and the whole world. There are serious offences by learners in schools which range from serious criminal ones such as drug abuse, assaults, theft, murders and rapes to less serious ones such as truancy, incomplete projects, absenteeism and lateness, dodging and bunking of classes in schools. This study therefore sought to investigate how SMT and teachers support the implementation of alternatives to corporal punishment in schools. This was a multi case study of four secondary schools in the King Williams Town Education District which was conducted through qualitative research approach. Interviews and documentary analysis were used to collect data and a total of 16 participants (four principals, four SMT members and eight teachers) were selected. From the data, it emerged that some teachers were fixed in using corporal punishment to discipline learners in schools. The data also showed that the alternatives to corporal punishment (ATCP) policies were inconsistently applied as schools had different approaches in as far as how ATCP is implemented and that some schools had no ATCP policies at all. It also emerged from the data that school leadership was a problem in as far as supporting the implementation of ATCP in schools as in some schools the issues of disciplining learners was centralised in the principal’s office. It also became clear that the majority of participants did not understand the national policy on ATCP. There were no indications of parental involvement in the implementation of ATCP in schools. It can be concluded that the channels of communication among principals, SMTs, teachers with regards to the implementation of ATCP was problematic as there were no clear roles as to how each of these officials should implement ATCP. Some teachers still perceived the ATCP as unsuitable for maintaining discipline in rural schools and their discipline strategies were still characterized by punitive measures which border on corporal punishment. School discipline was not seen as a societal matter where other relevant stakeholders could play a pivotal role in learner discipline. This had a negative impact on the school discipline. Learners had no responsibility on maintenance of positive school atmosphere as they were not in any way part taking in the maintenance of discipline in schools. This study therefore recommends a comprehensive framework for the implementation of ATCP that will give details on the roles of SMTs and teachers in the implementation of ATCP in schools. It is recommended that this framework be inclusive of parents and other community stakeholders who would give different perspectives on the implementation of ATCP in schools as education is a societal matter. It is also recommended that more research be conducted that will deal with urban schools and on the involvement of parents and other stakeholders in the implementation of ATCP.
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Jungels, Amanda M. ""Just say no" a process evaluation of a johns' school /." unrestricted, 2007. http://etd.gsu.edu/theses/available/etd-11272007-182831/.
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Thesis (M.A.)--Georgia State University, 2007.Title from file title page. Denise Donnelly, committee chair; Dawn Baunach, Charles Gallagher, committee members. Electronic text (86 p.) : digital, PDF file. Description based on contents viewed Feb. 25, 2008. Includes bibliographical references (p. 74-77).
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Howard, Kepe Mzukisi. "Perceptions of learners and teachers on the alternatives to the alternatives to corporal punishment: a case study of two high schools in King William’s Town Education District in the Eastern Cape." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1019741.
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The purpose of the study was to examine the perceptions of learners and teachers on the alternatives to ‘Alternatives to Corporal Punishment’ (ATPC) in particular and discipline generally in the King William’s Town Education District in two high schools. The study ascended as a result of the decline of learner’s discipline in high schools. This study is located in the interpretive paradigm and adopted a qualitative research approach using questionnaires, interviews focus groups and field notes in the collection of data. The Data revealed that schools were using different strategies to maintain learner’s discipline such as Code of Conduct, Disciplinary hearing, Safety and Security Committee, Educators, Corporal Punishment, Alternative methods to Corporal Punishment and the role of parents. It further revealed that the Department of Education is not supportive in the maintenance of discipline in the schools under study in King William’s Town District. The conclusion that was arrived at was that all the stakeholders should agree upon and be acquainted with the Code of Conduct and rules that are guiding the schools. The study came up with the proposal that learners should know the consequences of transgressing the Code of Conduct. To address disciplinary problems, the study came up with the key recommendation that all stakeholders must have ownership and to work as a team in the implementation of those policies.
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Vieira, Velloso Joao Gustavo. "Seeking Alternatives for Criminology: The Immigration and Refugee Board Practices on the Regulation of Immigration in Canada." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31196.
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Administrative justice is traditionally considered as the main alternative to the criminal justice system when a certain illegality is decriminalized or not enforced by criminal justice institutions (e.g. the regulation of elite deviance, urban disorder, mental health, etc.). This doctoral thesis studies how the conflicts related to immigration are being managed in the largest administrative tribunal in Canada: the Immigration and Refugee Board (IRB). It asks how exactly does immigration justice, and administrative law more broadly, constitute an alternative to criminal justice in terms of social reaction, and what kinds of challenges does this alternative present for the study of social control. This research takes a qualitative approach based on documentary analysis and long-term ethnographic fieldwork conducted at the IRB between 2007 and 2009. It uses its own theoretical framework building on post-structural perspectives, including Bourdieu’s constructivist structuralism, governmentality and nodal governance studies, left realism and political economy of punishment. In the empirical part of the thesis, I present some of the characteristics of the legal translation of conflicts in immigration law, including the forms and logics of punishment involved and how immigration law is practiced at the tribunal. I argue that administrative adjudication and punishment differ substantially from criminal law regimes and I question the idea of criminalization (of immigration) as a category capable of nuancing the complexity of administrative forms of social reaction. Instead, I suggest that we should take these forms of punitive social reaction as they are, and study how they operate along, beyond and in addition to criminal law. I propose an integrated conception of the penal complex which works as a mobile (kinetic sculpture) and includes the criminal law realm, but also other normative systems that configure ‘less’ prominent locations of punishment playing an increasing role in social reaction. I conclude by proposing a new reading of selectivity of justice and penal policies, and consequently, a new agenda for criminology and criminologists. In this new agenda, the penal complex should be taken as a totality in order to promote broader and combined propositions for law reform and resistance to punitiveness.
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Malatji, Thabo Hermanus. "The impact of alternatives to corporal punishment on the culture of teaching and learning at the Lepato High School in the Limpopo Province." Thesis, University of Limpopo, 2006. http://hdl.handle.net/10386/589.
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Thesis (M.Dev.) --University of Limpopo, 2006.The purpose of this study was to determine the impact that alternatives to corporal punishment had on the culture of teaching and learning at Lepato High School in the Limpopo Province. The methods used for data collection involved the use of questionnaires, personal interviews and participation observation. The findings indicated that implementing alternatives to corporal punishment without proper support from all stakeholders in education was disastrous for this school. This study further revealed that parental involvement in education is necessary for the successful application of alternatives to corporal punishment in schools. The study findings will make a positive contribution to the improvement of the handling of disciplinary problems in various schools especially in the Limpopo Province and South Africa in general.
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Khewu, Noncedo Princess Dorcas. "A study of practices in the alternatives to corporal punishment strategy being implemented in selected primary schools in Buffalo city metro municipality: implications for school leadership." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/533.
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The problem of indiscipline in schools has attracted the growing attention of researchers in South Africa and the world at large. Learner indiscipline has been variously reflected in behaviours which range from serious ones such as drug abuse, assault, theft, rape and murder, to minor ones such as truancy; all of which negatively affect teaching and learning. While there is agreement on the need to address the problem, there is a great deal of contestation around what strategies and practices are appropriate to instil discipline in schools. Within this debate many countries, including South Africa, have decided to move away from punitive approaches such as corporal punishment and replace them with what is called Alternatives to Corporal Punishment (ATCP). The main aim of this study was to interrogate the consistency that prevails between disciplinary practices and principles of alternatives to corporal punishment and the implications of this for school leadership. A mixed method design was used. The study was conducted in two phases: the first was a survey during which trends in disciplinary practices were established; the second was a multiple case study where in-depth interviews were conducted in five primary schools across different contexts which included farm, suburban, township, rural and informal settlement locations. This study has seven main findings. First, it was found that primary schools in the Buffalo City Metropolitan Municipality experienced minor offenses which clustered around levels 1 and 2 of the ATCP classification. Second, although statistically there was a weak negative correlation (r = - 0.11) between location and behaviour which is not significant (p >. 05) or (p = .46), qualitative evidence suggests a relationship between context and disciplinary offences. Third, principals’ roles in instilling discipline were focused mainly on reactive administrative and management functions rather than on giving leadership designed to inspire alternative ways of behaving. Fourth, principals’ and teachers’ belief in the use of alternatives to corporal punishment revealed ambivalence and lack of understanding. Fifth, measures to instil discipline, even though they were said to be based on alternatives to corporal punishment, placed heavy emphasis on inflicting pain and relied on extrinsic control. Sixth, two disciplinary measures designed to inflict pain were found to be weakly associated, but significantly (p < 0.05) with violent behaviour, lending credence to view that in using certain practices to instil discipline there are socialisation consequences. Finally, the use of some measures recommended by alternatives to corporal punishment yielded some unintended socialisation consequences. The study concludes that there was lack of consistency between disciplinary practices in Buffalo City Metropolitan Municipality primary schools and the principles of Alternatives to Corporal Punishment. The findings suggest that it is difficult to achieve the consistency without a school leadership which understands that the alternatives call for a paradigm shift in measures to instil discipline. For improving discipline in schools, it is recommended that school principals and stakeholders must focus on measures that are meant to cultivate a new school culture guided by values of self-discipline in order to minimise the need for extrinsic punitive control. For further research, a follow up study based on a probability sample, which should include secondary schools, could be undertaken in order that results can be generalised.
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Vanhamme, Françoise. "La rationalité de la peine: une approche sociocognitive des tribunaux correctionnels." Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210987.
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Cette recherche s’inscrit dans le domaine du sentencing. Sa question de départ porte sur la persistance, dans les jugements correctionnels, du modèle rétributif et des peines privatives de liberté, sur le manque d’essor des peines alternatives à l’emprisonnement et sur l’allongement des peines. La littérature portant sur le sentencing souligne l’importance, dans la décision de la peine, du pouvoir discrétionnaire du juge, qui fait partie intégrante du processus d’interprétation de la loi pénale. La décision est un processus humain (Hogarth), une pratique sociale complexe dans un environnement structuré et structurant (Beyens), le produit de collaborations et de contraintes institutionnelles (Gibson).
Adoptant la perspective de la construction de la peine comme processus humain et interactionnel en contexte, la question empirique est :« Comment le juge pénal décide-t-il de la peine dans son contexte d’action ?».
Son cadre conceptuel est l’ethnométhodologie. Dans ce courant, la sociologie cognitive examine la chaîne processuelle du traitement de l’information, c’est-à-dire comment les membres d’un groupe social donnent une signification à une situation en sélectionnant et interprétant les informations, puis la catégorisent et décident, par induction, de la norme à appliquer et de la conduite à tenir.
Pour répondre à la question empirique, le dispositif méthodologique comprend des observations durant huit mois en tant que stagiaire dans deux tribunaux ;des échanges informels avec les différents acteurs judiciaires et para-judiciaires ;et des entretiens formalisés avec les juges.
Quatre procédures principales se dégagent du matériau empirique :évaluer le dossier répressif ;évaluer la personne du prévenu ;évaluer la réprobation adéquate ;évaluer une peine acceptable. Ces procédures permettent de mettre en lumière les savoirs, raisons, motivations, valeurs et mécanismes qui entrent dans le processus décisionnel de la peine.
Cette analyse permet de construire progressivement un modèle de la prise de décision en contexte et, partant, de répondre aux questionnements de départ.
Doctorat en criminologie
info:eu-repo/semantics/nonPublished
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Nory, Yoshanloey Jafar. "Essai sur les finalités punitive et réparatrice des responsabilités civile et pénale en droit français et iranien." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10024.
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La distinction contemporaine n’a pu empêcher les responsabilités civile et pénale de cheminer vers un rapprochement pratique tant en droit français qu’iranien. Nous avons démontré qu’à la fonction réparatrice de la responsabilité civile peut s’additionner une fonction punitive qui s’incarnerait dans "la peine privée", et à la fonction répressive de la responsabilité pénale une fonction réparatrice appelée "restitution pénale". Grâce au prononcé des dommages et intérêts officiellement indemnitaires, mais objectivement punitifs, les juridictions parviennent à réprimer des comportements qu’elles estiment devoir sanctionner. Ainsi, l’officialisation de la peine privée ne paraît pas seulement possible, elle serait, aussi, extrêmement utile. Parallèlement, la responsabilité pénale, développe une dimension restitutive incontestable, permettant d’assurer notamment la réparation de tous les chefs de dommages soufferts par une victime ou encore supprimer la situation illicite. La restitution est donc utilisée comme un outil de répression. Greffée aux poursuites, elle se transforme en un moyen de désencombrement des juridictions et contractualisation du procès pénal. Intégrée à la peine, elle permet d’individualiser la sanction pénale. Les deux modes de responsabilités doivent se rejoindre dans une perspective de cohérence d’une responsabilité juridique afin que la justice soit rendue avec une dimension socialeThe contemporary distinction did not prevent the civil and criminal liability to move toward a practical reconciliation in both French and Iranian law. We have show that restorative function of the civil liability can add up to a punitive function that is embodied the “private punishment” and the repressive function of criminal liability create a restorative function called “criminal restitution”. Through the pronouncement of damages officially compensated but objectively punitive, the Courts are able to repress behaviors which they consider to be punishable. Thus, the formalization of punitive damage seems not onlypossible, but also extremely useful. At the same time, criminal liability develops an undeniable restorative dimension, making it possible to ensure the repair of all the heads of damages suffered by a victim or to further discourage the illegal situation. The restitution is thus used as a tool for repression. Graft prosecution, it becomes a way of relieving the courts and contracting of the criminal trial. Incorporated into the sentence, it allows individualizing the criminal sanction. The two modes of liability must come together in a coherent perspective of legal liability so that justice is done with a social dimension
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Khanyile, C. C. W. "Exploring attitudes of black educators towards corporal punishment and alternative methods of punishment in UThungulu District." Thesis, University of Zululand, 2014. http://hdl.handle.net/10530/1365.
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The Bill of Rights (Chapter 2) in the construction of the Republic of South Africa, Act No 108 of 1996, enshrines the rights of everyone to be free from all forms of violence, not
to be treated or punished in a cruel, inhuman and degrading manner.
In 1996 corporal punishment was banned in South African schools. According to the South African Schools Act No 840 (1996), it is the responsibility of the School Governing Body to involve all the stakeholders at the school to design and adopt a code of conduct (Department of Education, 2000).
The school will then provide alternative methods of corporal punishment and promote discipline without using punishment on learners.
This study aimed to explore attitudes of black educators towards corporal punishment and alternative methods of punishment in UThungulu District KwaZulu-Natal, South Africa. This study has revealed that most educators, especially young educators, have positive attitudes towards the alternatives to corporal punishment. Some educators feel that corporal punishment still has a place in society.
The findings also revealed that corporal punishment is still used by educators despite the legal ban. Indeed the escalation of learner indiscipline cases in South African schools suggests failures by educators to institute adequate alternative disciplinary measures after corporal punishment was banned in South Africa (Maphosa & Shumba, 2010). Educators feel disempowered in their abilities to institute discipline in schools in the absence of corporal punishment. They view alternatives as ineffective and time consuming.
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Oram, Gerard Christopher. ""What alternative punishment is there?" : military executions during World War I." Thesis, [n.p.], 2000. http://ethos.bl.uk/.
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Fullin, Carmen Silvia. "Quando o negócio é punir: uma análise etnográfica dos juizados especiais criminais e suas sanções." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/8/8134/tde-29062012-134149/.
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Em diálogo com o contexto nacional e internacional de encarceramento em massa e de crise do sistema de justiça penal, os Juizados Especiais Criminais (Jecrims) surgem no Brasil com a dupla tarefa de em um contexto de redemocratização reduzir a complexidade no processamento de conflitos de pequena gravidade, sem deixar de puni-los ainda que levemente. Caracterizados por procedimentos de intervenção mais horizontalizados e flexíveis nos quais se estabelece, em tese, uma troca de interesses entre a justiça penal e as partes em conflito, em favor de uma resposta rápida para a vítima e menos dolorosa para o infrator, esse modo de fazer justiça tem sido chamado de justiça negocial. A partir da etnografia dos Juizados Especiais Criminais de São Bernardo do Campo, a pesquisa buscou compreender os sentidos de punição mobilizados nessas situações de negociação. Constatou-se que essas situações são influenciadas por processos de afirmação de identidades profissionais no campo da justiça, sobretudo a do promotor cujo protagonismo nessas cortes lhes confere uma dinâmica centrada na punição do infrator em detrimento da mediação do conflito. A abordagem etnográfica das audiências também permitiu verificar a predominância de um sistema de atribuição de sanções fortemente marcado por estratégias gestionárias, mas também por finalidades clássicas da pena. Nesse jogo de influências predominam sanções de cunho monetário e a tímida recorrência do trabalho comunitário como forma de punição. Com o intuito de melhor compreender as razões dessa timidez, a pesquisa teve um segundo momento etnográfico dedicado à Central de Penas e Medidas Alternativas de São Bernardo do Campo. Lá foi possível verificar que a reticência em relação a essa modalidade punitiva relaciona-se aos desafios de tornar o serviço comunitário obrigatório uma punição credível para promotores e juízes. Desse modo, conclui-se que o sistema de sanções mobilizado na justiça negocial, uma justiça em princípio alternativa, guarda, mesmo que de maneira leve, uma tradicional semântica do sofrimento.In dialogue with the national and international contexts of mass imprisonment and criminal justice systems crisis, the Juizados Especiais Criminais (Special Criminal Courts) emerge in Brazil with two scopes: reducing the complexity of minor crimes procedure without stop punishing minor crime even in a soft way. By using horizontal and flexible intervention procedures in which it creates, theoretically, an exchange of interests between criminal justice and conflict parts, favoring a quickly and less painful answer for both parts, this kind of doing justice has been called by bargaining justice. Through ethnography of the Special Criminal Courts of Sao Bernardo do Campo, the research aimed to understand the meanings of punishment mobilized on these bargaining situations. The research revealed that these situations are influenced by the process of affirmation of professional identities in the justice field, especially the prosecutor\'s identity which leadership in these special courts creates a particular dynamic centered on the criminal punishment and not on the conflict mediation. The ethnographic approach of the special courts hearings also made possible verifying the predominance of a system of sanctions attribution characterized substantially by management strategies and also by classical theories of punishment. In this influence play, the forms of punishment that prevail are mainly monetary sanctions and only barely community service. To understand the reasons for the lack of community service application, the research had a second ethnographic moment at the Center of Alternative Punishments and Measures of Sao Bernardo do Campo. Thus, it was possible to verify that the lack of confidence about this kind of punishment is related to the challenges of making the community service mandatory, a reliable punishment for prosecutors and judges. The dissertation concludes that the sanction system mobilized in the bargaining justice, theoretically an alternative justice, keeps a traditional semantic of suffering even in a soft way.
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Colvin, Ayris Bonet. ""Spare the Rod and Teach the Child" Exploring Alternative Approaches to Punishment in a Third Grade Jamaican Classroom." Master's thesis, Temple University Libraries, 2011. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/202682.
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Urban EducationEd.M.
Corporal punishment is a common practice that has been employed in classrooms in Jamaica for many years. This practice, as it is used to manage classroom behavior, although viewed as valuable by some, presents extremely detrimental effects. This study outlines positive approaches to classroom management to provide Jamaican classrooms with alternatives to corporal punishment. This is done by investigating the effectiveness of two Applied Behavior Analysis techniques, the Good Behavior Game and Differential Reinforcement of Low Rate Response, on disruptive behavior in a third grade classroom in a rural school in Jamaica. Results from the implementation of both procedures display positive outcomes and reveal that positive approaches to classroom management are effective in improving disruptive behavior. These procedures demonstrate the effectiveness of promoting positive behavior and refrain from utilizing corporal punishment. Such strategies also motivate students, increase instructional time, are cost efficient, and can be easily implemented by teachers.
Temple University--Theses
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Birungi, Charles. "Community service in Uganda as an alternative to imprisonment: a case study of Masaka and Mukono districts." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Community service as an alternative to imprisonment at its inception was taken up very strongly by the judiciary as part of the reform of the criminal justice system in Uganda. The successful enactment of the Community Service Act, Act no: 5/2000, was an achievement towards the implementation of the programme in the country. However, its implementation as an alternative sentence is currently proceeding at a slow pace. The Ugandan law still allows courts to exercise their discretionary powers with regard to either using prison sentences or community service. Courts still seem to prefer to use imprisonment irrespective of the nature of the offence, thus leading to unwarranted government expenditure and prison overcrowding. An additional problem is that some offenders come out of prison having been negatively affected by their interaction with even more serious offenders. This study was undertaken to establish whether community service as an alternative to imprisonment can be effective with regard to reducing recidivism and to accelerating reconciliation and reintegration of minor offenders back into their communities.
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Miranda, Márcia Mathias. "A reabilitação do criminoso no discurso norte-americano: uma proposta alternativa ao cárcere duro." Universidade Federal de Juiz de Fora (UFJF), 2009. https://repositorio.ufjf.br/jspui/handle/ufjf/5409.
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A proposta de reabilitação do criminoso, bem como a busca por alternativas efetivas que possam encontrar investimentos políticos e subsequente redução da incidência de crimes, é algo que ganha um grande espaço nas produções acadêmicas norte-americanas. O vigor da reabilitação, bem como a pertinência das propostas reabilitativas no campo das políticas criminais tem sido objeto de defesa por muitos teóricos norte-americanos. Há, no entanto, uma grande lacuna entre o que é produzido academicamente em defesa da reabilitação, e o que opera, no campo político com propostas de reabilitar. O que se encontra hoje, nas políticas criminais norte-americanas é um grande investimento nas ações punitivas, com uma grande aposta no encarceramento e na filosofia da Deterrence apresentando-se a partir de uma retórica de reabilitar, mas atingindo, em contraste a isto, a incapacitação dos indivíduos submetidos ao sistema prisional e influenciando, de forma incisiva, o quadro mundial de políticas criminais. Hoje, as perspectivas criminais (Racional Choice, Routine Activity, etc.), especialmente nos Estados Unidos, Europa e América Latina, influenciam as políticas criminais, e legitimam suas práticas. Tais perspectivas compõem o mainstream da Criminologia e concebemos a natureza de seus investimentos como tirando a possibilidade da reabilitação, sustentando a idéia de que além de custosa, a reabilitação não pode se manter dada a periculosidade que o criminoso oferece à sociedade; priorizando a incapacitação de criminosos, generalizando a categoria do perigoso e alcançando o status de verdade e de senso comum. O criminoso violento dentro deste contexto, tomado como uma categoria generalizada, é compreendido como representado por quase a totalidade dos criminosos, uma vez que o criminoso violento vitima e promove sofrimento à vítima e, não há crime sem vítima, nem tampouco vítima sem sofrimento. A resposta ao criminoso violento e suas ações, portanto, é dada pela punição rápida e severa, para que desta forma esteja garantida, a segurança pública. Nos valemos da produção teórica encontrada na literatura norte-americana sobre o tema da reabilitação para defendermos nossa tese de que esta é uma proposta vigorosa e efetiva no campo da política criminal, e que os investimentos em ações pautados em construções teóricas sobre o tema é altamente pertinente, principalmente se destinado ao que é tomado pelo senso comum, mídia e atores políticos como “criminoso violento”. Consideramos o quadro criminal norte-americano atual de ações e abordagens do crime como relevante para se pensar o quadro de políticas criminais mundial, por ele influenciados.
The criminal`s rehabilitation proposal as well as the search for effective alternatives that can get political investments and, subsequently, a decrease in crimes rates have been getting space among academics researches. The rehabilitation`s toughness and the importance of these proposals on the criminal politics have been defended by many north-american researches. There is, however, a huge gap between what is produced about rehabilitation, on the academic field, and what goes on the ground of the political reality with its proposal to rehabilitate the criminal. What is found nowadays in the north-american criminal politics is a massive investment on punitive action, with a focus on incarceration and on the Deterrence`s phisolophy, hiding itself under a rehabilitative rethoric, but reaching, by the contrast, the individual`s impairment that are submitted to the prison system and influencing, strongly, the international criminal politics. Nowadays, the criminal perspective (Racional Choice, Routine Activity etc), especially, in the United Stares, Europe and Latin America, influence the criminal politics e legitimize their practices. Such theories comprise the mainstream of Criminology and we conceive the nature of their investments as strategies that take the possibility of rehabilitation. According to those perspectives, apart from being expensive, the rehabilitation can not be kept given the peril that the criminal represents for society. Besides, this mainstream vision prioritises the criminals` impairment, generalizing the category of a dangerous individual and reaching, at the same time, the status of truth and common sense. The violent criminal, in this context, as a general category, is taken for grant as an example of every criminal given the fact that this kind of behaviour victimizes and makes the victim suffer – and there is no crime without victim neither victim without suffering. The answer to the violent criminal and his actions, thus, is given by a quick punishment in order to guarantee the public security. We take into account the theoretical production in north-american literature about the rehabilitation issue in order to defend our idea that this is a vigorous and effective proposal on the field of criminal politics. Moreover, we defend that the investment on theoretical constructions about this issue is highly significant, especially if it is focused on what is taken for the common sense, mass media and political actor as a violent criminal. We consider the criminal American framework of actions and approaches towards crime as relevant to think through the international criminal politics influenced by it.
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Lemos, Clécio José Morandi de Assis. "Política criminal no Brasil neoliberal." Universidade do Estado do Rio de Janeiro, 2011. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=3848.
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Coordenação de Aperfeiçoamento de Pessoal de Nível SuperiorEsta dissertação parte da compreensão dos sistemas punitivos em meio às estruturas sociais, demonstrando que o uso da coerção pública é um dos pilares fundamentais dos Estados modernos. Sustenta a necessidade de se desvendar os discursos ideológicos que legitimam o poder de criminalização, a fim de politizar o contexto das punições e alcançar a sua função latente. Concentra-se nas características específicas do Estado brasileiro instalado a partir da década de 1990, seguindo a trilha do Leviatã dos EUA neoliberal instaurado desde a década de 1980. Constata a correlação entre os sistemas punitivos brasileiro e norte-americano, com seus extensos campos de controle e semelhantes pensamentos criminológicos. Por fim, encontra a real funcionalidade das penas no Neoliberalismo, conformando um método de promover e manter as políticas econômicas e sociais típicas de sua conjuntura, manejando a insegurança social decorrente do desemprego estrutural, precarização do trabalho, aprofundamento da miséria e desigualdade.
This dissertation starts form the comprehension of the punitive systems amid social structures, demonstrating that the use of public coercion is one of the fundamental pillars of the modern States. Holds the necessity of unveiling the ideological speeches that legitimize the power of criminalization, toward politicize the punishment context and reach its latent function. Concentrates in the specific characteristics of the brazilian State installed from the decade of 1990, following the trail of the USA neoliberal Leviathan established since de decade of 1980. Notes the correlation between the brazilian and north-american punitive systems, with their extensive fields of control and similar criminological thoughts. In the end, find the real functionality of the criminal penalty in the Neoliberalism, conforming a method to promote and keep the economic and social policy typical of the conjuncture, managing the social insecurity due to the structural unemployment, precarious work, deepening of misery and inequality.
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Long, Polly. "Diminishing the Discipline Gap: Restorative Justice as a Promising Alternative in One Urban School." University of Dayton / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=dayton1436815423.
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Tonche, Juliana. "A construção de um modelo \'alternativo\' de gestão de conflitos: usos e representações de justiça restaurativa no estado de São Paulo." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/8/8132/tde-11122015-144029/.
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Num contexto de grande demanda aos canais de acesso à justiça, ganha terreno no país a justiça restaurativa conjuntamente a outras formas alternativas de administração de conflitos. Iniciativas relacionadas a estas novas formas de gerir os conflitos estão surgindo nas mais diversas regiões no país, encorajadas por juízes com o objetivo claro de evitar que casos considerados de baixo potencial ofensivo, cometidos em sua maioria por adolescentes de escolas públicas, sejam criminalizados e cheguem ao Judiciário. Esta tese se centra sobre a análise específica de programas alternativos de justiça restaurativa que funcionam no estado de São Paulo. Através de uma pesquisa qualitativa, com base no estudo de caso de programas de justiça restaurativa que funcionam no estado de São Paulo, além de entrevistas com profissionais e observação participante de círculos restaurativos que aconteceram em uma escola na cidade de São Caetano do Sul (SP), argumento como estas iniciativas não estão rompendo com as lógicas do sistema de justiça comum, como a princípio se poderia supor. Em realidade, além de integrarem um quadro em que nosso sistema de justiça criminal continua sendo central, estão aumentando as possibilidades de expansão da rede de controle social, inaugurando configurações inéditas de programas que mesclam o formal e o informal, saber leigo e expertise. Os resultados da pesquisa demonstram também que a justiça restaurativa, a despeito de seu potencial transformador, ainda tem se defrontado com dificuldades para ser efetivamente implantada. As resistências com as quais têm que lidar reportam-se desde às suas fundamentações teóricas, passando pelos próprios operadores do Direito e população que é atendida pelos programas, que não entendem o modelo enquanto expertise (caso dos profissionais do Direito), ou como um benefício para os envolvidos (caso dos adolescentes e familiares participantes), ainda inscritos dentro um marco punitivo em relação à gestão de conflitos.In a context of high demand for access to justice in Brazil, restorative justice programs in conjunction with other alternative forms of conflict management are spreading across the country. Initiatives related to these new ways of conflicts management are emerging in different regions, encouraged by judges with the objective of preventing cases considered of low offensive potential, committed mostly by teenagers from public schools, to be criminalized and to come the courts. This thesis focuses on the specific analysis of alternative programs of restorative justice that are operating in the state of São Paulo (Brazil). Through a qualitative research, based on a case study of restorative justice programs, as well as interviews with professionals and participant observation of restorative circles that happened at a school in the city of São Caetano do Sul (SP), I argue that these initiatives are not breaking with the logic of the ordinary justice system, as it might seem at first. Actually, besides being part of a framework in which our criminal justice system remains central, these iniciatives are increasing the possibilities of expansion of social control network, inaugurating unprecedented programs that are mixing formal and informal, lay knowledge and expertise. The reserach results also show that restorative justice, despite its transformative potential, still has been facing difficulties to be effectively put in practice. The resistances with which they have to deal report since its theoretical foundations, through the law operators themselves and population that is attended by the programs that do not understand the model as an expertise (case of legal professionals), or as a benefit for those involved in the conflict (case of adolescents and participating family members).
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Chenwi, Lilian Manka. "Towards the abolition of the death penalty in Africa a human rights perspective /." Thesis, Connect to this title online, 2005. http://upetd.up.ac.za/thesis/available/etd-10062005-151306/.
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Thesis (L.L.D.)--University of Pretoria, 2005.Title from PDF t.p. (viewed on July 22, 2006). "Submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Faculty of Law, University of Pretoria." Includes bibliographical references (p. 355-386).
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Sodré, Edyleno Ítalo Santos. "Administrativização do direito penal brasileiro com a lei de improbidade empresarial." Universidade Federal de Sergipe, 2016. https://ri.ufs.br/handle/riufs/4375.
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This construction presents, from critical analysis, the current situation of
contemporary criminal law and its expansionist trend against the fundamental rights and
“Garantista System”, adopted by the Brazilian Constitution. In addition, it addresses the
subject titled as criminal law Classic Crisis in the situation of what has been reported in the
news media, such as increased crime in Brazil, as regards, primarily, the police and
investigative operations of repression of acts corruption, money laundering and other illegal at
the expense of public and social property. Finally, it points out that one of the alternatives
chosen for the criminal law in order to make it faster for some offenses involving major
repercussions, is to approach it from sanctioning administrative law, giving it peculiar
characteristics of this branch of law, albeit with sacrifice the principles and basic rules of
criminal science. So one of the solutions found by the Legislature before the intense social
movement scene in the mid-year 2013, was the ordinary Federal Law 12,846 of 2013 (to
combat corporate corruption). This, that joining odutros legislation, can function as an
alternative in order to have the sanctioning administrative law and, given the rigidity of
Garantista System of the Federal Constitution, become the most effective state in illicit
pursuit causing huge losses to the public.Esta construção apresenta, a partir de análise crítica, a atual situação do direito penal contemporâneo e sua tendência expansionista frente aos direitos fundamentais e ao “Sistema Garantista”, adotado pela Constituição Brasileira. Além disso, aborda o tema intitulado como Crise do Direito Penal Clássico dentro da situação, do que tem sido divulgado na mídia jornalística, como aumento da criminalidade no Brasil, no que se refere, precipuamente, a operações policiais e investigativas de repressão a atos de corrupção, lavagem de dinheiro e outros ilícitos, em detrimento do patrimônio público e social. Por fim, aponta que uma das alternativas escolhidas para o direito penal, a fim de torná-lo mais célere para alguns delitos que envolvam grande repercussão, é aproximá-lo do direito administrativo sancionador, conferindo-lhe características peculiares desse ramo do direito, embora com sacrifício a princípios e regras basilares da ciência penal. Assim, uma das soluções encontradas pelo Poder Legislativo, diante do cenário de intensa movimentação social, em meados do ano de 2013, foi a lei federal ordinária 12.846 de 2013 (de combate à improbidade empresarial). Esta, que juntando-se a outros diplomas legais, pode funcionar como alternativa para que se tenha o direito administrativo sancionador e, diante da rigidez do Sistema Garantista da Constituição Federal, tornar o Estado mais eficaz na persecução de ilícitos que causam enormes prejuízos ao erário.
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Vokál, Ondřej. "Alternativy k nepodmíněnému trestu odnětí svobody." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-323790.
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The Alternatives to Unconditional Prison Sentence Goal of this diploma thesis is to give a list of alternative punishments which are meant to be alternatives to unconditional prison sentence. These alternative forms in substantial criminal law are the forms which present specific reaction on crime and are not compound with imprisonment. First chapter contains a historical development of alternative forms of punishments. It deals with origins of penalty in law and in public life. There is mentioned a ground-breaking work of Italian philosopher Cessare Beccaria, the starting of alternatives in the second half of 19th century, theirs crisis during the Second World War and also reborn associated with a movement of restorative justice from the seventies of 20th century. Next chapter which is the main part of this diploma thesis is concerned with alternative punishments. There were chosen to be described these punishments: Suspended sentence based on suspension of imprisonment under the condition of living a proper life. Next one is house arrest which places a convict in his home in the specific time which is set in the judgement. Third alternative punishment included in my thesis is called a Compulsory work and it forces a convict to work without being entitled to a payment. Pecuniary penalty means that...
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Molepo, Nono. "Beyond corporal punishment : teachers' perceptions and suggested alternatives to the abolishment of corporal punishment in South African schools." Thesis, 2010. http://hdl.handle.net/10539/7660.
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This study investigated educators’ perceptions on the abolishment of corporal
punishment. Three quarters of the educators in the study were not in favour of
the abolition of corporal punishment and gave their reasons for this view.
Corporal punishment emerged as an enduring disciplinary strategy used by
educators in spite of its ban. Legislation and litigation did not seem to be
effective deterrents. Those who supported the abolition of corporal punishment
were equally worried about what they perceived to be an absence of effective
methods in maintaining classroom discipline. The educators saw a need to train
in maintaining discipline at school. This study also examined literature on
corporal punishment, alternatives to this method and made recommendations.
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Katabua, Bene. "Aftermath of corporal punishment : perceptions about the administration of discipline from the vantage point of both learners and educators in LSEN schools." Thesis, 2014.
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With the ideology of apartheid came oppression and punitiveness in the classroom, whereby children were disciplined through the administration of corporal punishment. The advent of democracy initiated the abolishment of corporal punishment in policy, but failed to do so in practice. In spite of the legislation prohibiting the use of corporal punishment, there were still many reports about its use due to there not being efficient alternatives to corporal punishment. This study explored the aftermath of corporal punishment, specifically focused on the perceptions about the administration of discipline from the vantage point of both learners and educators in LSEN schools. A mixed methods approach was used with learners between the ages of 16 and 19 as well as educators who had been employed for over 6 months. The findings suggest that working at a LSEN school is challenging for educators, and that a consistent school structure is lacking. They therefore adapt their methods of discipline to suit the situation, consequently perpetuating the lack of structure. It was also discovered that the learner-educator relationship facilitates discipline. LSEN schools would benefit from revisiting their management style, in order to facilitate the administration of discipline.
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SLABÝ, Václav. "Domácí vězení - možná alternativa k trestu odnětí svobody." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-110459.
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This thesis deals with house arrest punishment as an alternative to classical imprisonment. It starts with analysing various perspectives on the purpose of punishment, penalty function and using human ? law documents defines limits for sentencing in the criminal justice system. Furthermore this work overviews house arrest punishment by historical moments in different legal standards of the Czech Republic since dissolution of the Austro-Hungarian Empire to the present. This work describes the current legal system of house arrest punishment, methods of control, tasks of the Probation and Mediation Service in connection with house arrest punishment and compares it with classic imprisonment. At the same time it contains a brief overview into different foreign laws and ethical analysis of some aspects of house arrest punishment. In conclusion, the author assesses if house arrest punishment fulfils the purpose of the punishment in the soft form of personal freedom limitation and looks at this institution from the perspective of legal aspect ?de lege ferenda?.
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Zulu, Gladstone Khulani. "The challenges in the implementation of the alternatives to corporal punishment in the rural primary schools in KwaZulu-Natal." Thesis, 2008. http://hdl.handle.net/10413/851.
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This study undertakes to explore challenges that rural primary schools face in the implementation of the alternatives to corporal punishment. This qualitative study gathered data through the case study approach for the following key research questions: 1. How do rural primary schools implement alternatives to corporal punishment policy? 2. What are the new experiences of principals, teachers and parents after the introduction of alternatives to old corporal punishment policy? 3. How do rural primary schools manage the implementation of the alternatives to corporal punishment policy? Interviews were conducted with educators and parents in order to collect data from three schools in the KwaNgcolosi and eMolweni areas. The qualitative approach helped the researcher to make meaning from data by seeing the bigger picture and converting the raw empirical information into what is known in qualitative research as a “thick description”. The researcher used a qualitative approach to gain a deeper and better understanding of the challenges facing rural primary schools in the implementation of alternatives to corporal punishment policy. In order to get a full picture of the challenges in schools under study the researcher obtained data through semi-structured interviews. Most educators and parents felt that misconduct was worse without corporal punishment in schools. They said that learners did not take alternatives to corporal punishment seriously, and made fun of these disciplinary measures. It was also indicated that there were dangerous conditions [such as walking alone for long distances] when detention was vi used in rural areas. There was a call to reinstate corporal punishment by most educators and parents in schools under study. In responding to the challenges in the implementation of alternatives to corporal punishment policy, educators in rural schools should be provided with guidance and training by the Department of Education on how to implement the alternative measures. Guidance educators and counsellors need to be appointed to support educators in schools. Caregivers should be allocated by the government to learners who are living alone and learners who are under the care of grandparents that are old and illiterate.Thesis (M.Ed.)-University of KwaZulu-Natal, Durban, 2008.
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Van, der Westhuizen Anna Elizabeth Maria. "A South African model of community corrections residential centres : a social work perspective." Thesis, 2003. http://hdl.handle.net/2263/26643.
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Knotková, Jana. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-352300.
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The thesis is devoted to the issues of alternative punishments, this means punishments replacing unconditional sentence of imprisonment in the Czech Republic. It is divided into two parts, the introduction and the conclusion. The first part discusses the theoretical concept of punishment; the basic theories of punishment are mentioned briefly. It deals especially with the functions of punishment, as defined by the famous Czech penologist Oto Novotny in his monograph About Punishment and Prison system. Novotny identifies 8 basic functions of punishment, which cannot be strictly separated in his interpretation and that form mutually linked complex, which leads to the only target - protecting society from crime. The second part, which can be considered centre of gravity of this thesis, describes the regulation of alternative punishments in the Czech legal order. The explanation is selectively focused on the conditional sentence of imprisonment, also on the conditional sentence of imprisonment with supervision, community service order, fine punishment, house arrest and a ban on attending sports, cultural and other social events. Equally important is the discussion of the Probation and Mediation Service, its anchorage in the Czech legal order and the rights and obligations of the Probation and Mediation...
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Ronne, Norman Clive. "The corporal punishment of children : a theological - ethical evaluation." Diss., 1996. http://hdl.handle.net/10500/17627.
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The corporal punishment of children is being widely challenged today. Christians have traditionally followed the "spare the rod and spoil the child" approach and must respond to the new situation. Corporal punishment is part of the wider disciplinary process. It can lead to corporal abuse, but this is not a reason per se to reject it.
Parents have a right to discipline their children, including the use of reasonable corporal punishment. Teachers can also use corporal punishment to enforce discipline, although its use will soon be banned in all South African schools, following world trends.
Corporal punishment in the home and at school satisfies the criteria of both the deontological and teleogical approach to theological ethics. It should be retained as part of a multi-faceted approach to discipline.Philosophy and Systematic Theology
M.Th. (Theological Ethics)
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Šeba, Jan. "Peněžitý trest - jeho výhody, úskalí a aplikace." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-405617.
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In the Western States, a pecuniary punishment represents a proven alternative to (un)conditional imprisonment. By joint effort of the Supreme Public Prosecutor's Office and the Supreme Court, the pecuniary punishment has become a trend over the last few years also in the Czech Republic. Why should criminal justice bodies strive for more frequent imposition of the pecuniary punishment? In which cases is the pecuniary punishment an appropriate criminal sanction? And how is, or rather should be, the pecuniary punishment imposed and enforced? The submitted master's thesis draws attention to the obstacles of effective legal regulation and its inconsistent application. It deals with substantive and procedural aspects of the matter, relevant case law and statistical data. Conscious of the limits of comparisons in criminal law, the author also takes into account the law of Germany, Austria and the Netherlands. The first part of the thesis deals with the pecuniary punishment in general. The diploma candidate describes its purpose, position in the system of criminal sanctions and basic characteristics. A closer look is taken at the new way to satisfy the injured person, which was introduced on 1 January 2018 by Act No. 59/2017 Sb., on the use of financial resources from proprietary criminal sanctions imposed...
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Marková, Michaela. "Trest zákazu činnosti a jeho kontrola." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-435582.
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This thesis focuses on disqualification punishment in all of it phases. Its main objective is to provide the detailed insight into imposing this punishment. It also tries to answer the question whether the disqualification can be considered one of the alternative punishments or not. At first, general issues of sentencing and purpose of penal law are researched, including Czech penal system. As a next subject of the research, punishment of disqualification is analyzed: from substance and purpose of punishment, through conditions upon which it can be imposed, phases subsequent to imposition (execution of sentence, supervison of execution) to conditional suspension of sentence. Separate chapters try to explicate disqualification from driving motor vehicles, sentencing of youth offenders and legal entities. Extra chapter is dedicated to historical development of the institute. Comparation with legislation of some of the European countries is also included.
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Mrajcová, Simona. "Alternativní tresty v ČR." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-328756.
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This diploma thesis deals with alternative sanctions in the Czech Republic. It primarily focuses on the cooperation between relevant actors during the process of decision-making about the type of sanction, its execution and supervision, and also concentrates on possible changes of its use after the amendment of criminal law in 2010. To give a complex view on given issue, the thesis also shortly focuses on alternatives to sanctions and diversions of criminal proceedings. System of alternative sanctions is framed by criminal policy and criminal law of the Czech Republic and factors that have influence on functioning of the system are determined. Those factors are multinational structures (OSN, EU, Council of Europe), level of registered criminality, forms of criminality and public opinion. Despite the fact, that Czech criminal law contains quite wide enumeration of alternative sanctions, there are still opinions that they are not used enough and that imprisonment is still preferred and it causes overcrowding of prisons and it is burden for state budget. Judges and prosecutors advocate themselves and claim that the problem is not on their side but rather the conditions of alternative sanctions which are poorly regulated and so it discourages from their use. Also the non-conceptual attitude of criminal...
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Hurtado-Parrado, Camilo. "Aversive control of Betta splendens behaviour using water disturbances: effects of signalled and unsignalled free-operant avoidance, escape, and punishment contingencies." 2015. http://hdl.handle.net/1993/30294.
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Research on aversive control of behaviour has dramatically declined over the past decades. This trend is primarily a consequence of an over-reliance on shock-based procedures, which have been increasingly criticized on ethical, practical, and ecological validity grounds. The continued study of aversive regulation thus requires the development of viable alternatives. Six preliminary experiments, triggered by serendipitous observations of Betta splendens’ reactions to unintended water disturbances, allowed for (a) developing a water flows (WFs) experimental paradigm; (b) confirming the aversive function of WFs; and (c) demonstrating the feasibility of the WFs paradigm as an alternative to the use of electric shock, as it does not involve painful stimulation and carries a higher level of inherent ecological validity.
Based on the relevance of free-operant avoidance phenomena (Sidman, 1953a) for the study of aversive control, the fact that these have only been demonstrated in one fish species (goldfish) using shocks, and that the only attempt to show another form of avoidance in Betta splendens produced inconclusive results (Otis & Cerf, 1963), the WFs paradigm was implemented in two experiments aimed at addressing these issues. These studies were aligned with a research program on spatiotemporal analysis of behaviour that has demonstrated, over the course of several decades, that a comprehensive understanding of behavioural processes requires an approach that includes, but is not limited to, the study of rates of discrete responses (e.g., key pecks of a pigeon). Accordingly, a more holistic interpretation of experimental data than is typical for behavioural studies was attained through a combined analysis of the frequency and temporal distribution of a target response (crossings in a shuttle-tank), patterns of swimming trajectories, instances and durations of the aversive stimulus, and the occurrence of behaviour related to different features of the experimental tank.
In Experiment 1, Betta splendens exposed to a free-operant avoidance procedure reliably escaped WFs but did not develop avoidance behaviour even though escape improved with practice. Moreover, adding a warning stimulus (curtains of air bubbles - CABs) to the free-operant procedure did not produce increments in avoidance behaviour, as has been demonstrated in other species. Considering these findings, Experiment 2 maintained the same free-operant avoidance contingencies, but escape responses were now scheduled to produce the WFs (punishment and extinction of escape). The result of this manipulation was not a substantial decrease of escape, but an initial large increase of this response, followed by a progressive decrease to approximately pre-punishment levels. In addition, punishment did not result in increased avoidance responding as an alternative response.
The explanations for these unexpected findings relate to the duration of the CABs; sign- and goal-tracking effects; uncontrolled stimulation produced by water pump activation/operation; unintended reinforcement (mirror reflections and delay between the pump activation and WFs reaching full strength); and the development of responses that allowed the fish to reduce their exposure to high-intensity WFs (i.e., alternative behaviour). The need for investigating the effects of adjusting the WF procedures to the ecology and biology of Betta splendens is also discussed, particularly in regard to their territoriality and predominant defensive response (immobility) in relation to the experimental apparatuses and the target response (changing compartments).
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Singh, Shanta. "Prison overcrowding : a penological perspective." Thesis, 2004. http://hdl.handle.net/10500/1291.
Full textAbstract:
The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries.
Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates.
Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner.
Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment.
If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services.Criminology
(D. Litt et Phil.(Penology))
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Singh, Shanta. "Community based sentences : an alternative to short-term imprisonment." Thesis, 2002. http://hdl.handle.net/10500/850.
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Považan, Miroslav. "Trest obecně prospěšných prací a jeho výkon." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-388935.
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Punishment of community service and its performance Abstract The aim of this thesis is to describe a current legilation on punishment of community service and thanks to it's desription together with the statistical data about this punishment from years 2013 to 2017 define problems that have a negative impact on its functioning. Other methods to reach this goal are comparison with the legislation in different european countries, focusing on activity of Probation and mediation service of the Czech Republic and overview of czech case law, which was defining for a current understanding of this punishment. First part of this thesis icludes definitions of key concepts that are necessary for understanding on how this punishment works and what it is based on. Second part of this thesis includes overview of the czech legislation related to punishment of community service and its performance and also an overview on how this legislation works in actual fact. Professional literature, opinions of judges, district attorneys and probation officers as well as my own notices were used to decribe its actual works on day to day basis. Third part of this thesis is showing statistical data about this punishment that comes from Probation a mediation service of the Czech Republic. These statistical data shows the number of files...
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Brabec, Ladislav. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-437232.
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Alternatives to unconditional sentence of imprisonment ABSTRACT This master's thesis deals with the topic of alternatives to unconditional sentence of imprisonment. The aim of the thesis is to evaluate advantages and disadvantages of alternatives to unconditional sentence of imprisonment, carry out a critical analysis of its legislation and provide own de lege ferenda proposals. Throughout the whole paper, comparative method is widely used. The Czech legislation is compared not only to the legislation of (central) European states, but to the legislation of the United Kingdom, Canada and the United States as well. The paper is divided into nine chapters in total. The first three chapters provide an excursion to the problematics of the term punishment and its purpose, alternative measures and (predominantly) critical analysis of unconditional sentence of imprisonment. Chapters four to seven analyse individual means of alternative sentences, i.e. house arrest, community service, fine and (supervised) conditional sentence of imprisonment. Each of these chapters is build up on the basis of a uniform model. Within single chapters, every type of punishment is analysed from the point of view of its essence and historical development, imposition and exercise of punishment, conversion of sentence into unconditional...
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Sýkorová, Pavlína. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-310978.
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ALTERNATIVES TO UNCONDITIONAL IMPRISONMENT Pavlína Sýkorová My diploma thesis deals with alternative punishments which may be imposed as an alternative to imprisonment. The thesis is divided into six chapters. In the introduction of my thesis first I deal with general issues, I define the term and the purpose of punishment and I outline the concept of Restorative justice which presents the base of alternative approaches in the penal law. The second chapter describes the system and various forms of alternative sentences and criminal procedure alternatives (procedural diversions), their historical development in the Czech Republic since 1989 and the activity of international organisations in this domain, especially United Nations and The Council of Europe. In this chapter I also present the institution and characterise the activity of the Probation and Mediation Service which has an important role during the imposition and execution of some alternative punishments. The main attention in the thesis is concentrated on the chapters 3 to 6 which concern particular alternative forms of punishment in the valid and effective Czech legislation, their imposition and execution. Successively, I deal with conditional prison sentence, pecuniary punishment, community service and home arrest. Final subchapters of these...
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Hlavatá, Michaela. "Aktuální otázky ukládání a výkonu peněžitého trestu." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-449027.
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This diploma thesis deals with the issue of a pecuniary punishment with a focus on the latest amendment in this area made by the Act No. 333/2020 Coll. The aim of this diploma thesis is to provide an analysis of the current legislation of pecuniary punishment, including an analysis of the causes of the low number of pecuniary punishments imposed. For the evaluation of the legislation the author used academic literature, case law and statistical data, while these sources showed that there is still room for improvement of the effective legal regulation. To understand the broader context, the reader will find in the first part general introduction to the issue of a pecuniary punishment. In this part the diploma thesis also deals with the advantages and disadvantages of a pecuniary punishment and analyses practice. The following second part focuses on regulation of pecuniary punishment in the substantial law. It describes the legal requirements for the imposition of a pecuniary punishment, deals with the drawbacks of the daily-fine system and also defines the range of crimes punishable by a pecuniary punishment. The third part deals with the procedural regulation of a pecuniary punishment. In particular, it focuses on the role of the public prosecutor in imposing a pecuniary punishment, draws attention...
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Hrstka, Josef. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-309023.
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Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
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Kasalová, Petra. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-304495.
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Resumé The study relates to the alternatives to unconditional sentence of imprisonment. The purpose of the study is to focus on the advantages and disadvantages of the alternative punishments and to discribe the application of chosen sentences in practise. The first part of my study is the introductory and defines basic terminology and institutes related to the topic. The second part looks at individual alternative punishments, coditions of their imposing and service of the sentences. The study is composed of six chapters. Chapter One explains the term punishment . It is subdivided into three parts. Part One defines the purpose of the punishment. Part Two briefly compares the absolute and the relative theory of the punishment and Part Three describes the principles of imposing the punishments. Chapter Two provides starting points of imposing the alternative punishments. This chapter consists of three parts. Part One is concerned with the restorative justice. Part Two explores the institutes of probation and mediation and Part Threee shows the advantages of the alternatives to unconditional sentence of imprisonment. Chapter Three deals with the alternative punishments. It is subdivided into four parts. Part One describes historical development of the alternative punishments. Part Two analyzes the aplication...
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Bolek, Matěj. "Trest domácího vězení, jeho výkon a kontrola." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-338655.
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Resumé House arrest punishment, its execution and control House arrest punishment became a part of the Czech criminal law in 2010. Even though it is possible to impose this punishment for several years, it is not so commonly used. Judges and public prosecutors are still not convinced about its efficiency due to insufficient control. In my thesis I am dealing with particular provisions concerning house arrest, conditions for which the punishment might be imposed and with possible mechanism of its control. The first chapter is about the punishment theory. It is worth mentioning because the definition of this concept is important for deep understanding of the issue. I define the main characters of the restorative justice in followed chapter. This concept has influenced the alternatives punishments into which house arrest comprises. In the following chapters I am dealing with particular provisions of the house arrest, focusing on the conditions of imposition. This criminal sanction can be imposed for misdemeanour in duration not exceeding two years. Consent of the convicted person is one of the essential conditions. It reflects the will to carry out the punishment duly under the terms imposed by a court. Execution of the house arrest consisting of the obligation to stay in a certain dwelling for a period...
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Vitásková, Lenka. "Trest obecně prospěšných prací a jeho výkon." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-298128.
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The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
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Pavlíčková, Martina. "Trest domácího vězení, jeho výkon a kontrola." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-372764.
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Summary: House arrest, its execution and control The aim of this thesis is to give a comprehensive summary of the institute of the house arrest, the actual legal regulation of this punishment, to summarize its advantages and disadvantages and to draw attention to the problematic issues with it related. The thesis is divided into eleven chapters, which are divided into other subchapters. The first chapter deals with the general concept of punishment, it's purpose, functions and the general system of penalties. A separate sub-chapter constitutes a imprisoment as a basic "universal" punishment. Because the house arrest is one of the alternative punishments, the second chapter deals with the general regulation of alternative punishment. Alternative punishments closely related with the restorative justice, which is described in third chapter, in particular its aims and the principles on which it is exposed. The following chapters are the core of the thesis to the actual punishment of house arrest. The fourth chapter describe the history of the house arrest and the fifth chapter describe a general information of this sentence. The sub-chapters describe the crimes for which custodial sentences may be imposed and other conditions of house arrest, in particular the obligations of convicted. The transformation of the...
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Říha, Jan. "Trest domácího vězení, jeho výkon a kontrola." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-404500.
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House arrest, its execution and control Abstract By reading this thesis, the reader will acquaint himself with the punishment of house arrest its execution and control and other connected legal concepts. The goal of this thesis is to summarize legislation pertaining to the above mentioned subject matter, to point out its faults and to propose improvements of the current legislation. The first part of this thesis refers to punishment in general. It investigates its core concepts and answers the question on how punishments differ from other legal sanctions. The first part also deals with the purpose of punishment and the system of punishment in framework of Czech criminal law. Alternative punishments, their principles and advantages are subject of the second part of this thesis. Furthermore, here I explore the concept of restorative justice, its principles and how restorative justice relates to alternative punishments. The punishment of house arrest itself is subject of part three of this thesis. Aside from history and current legislation, this part also deals with connected legal concepts which can be characterized as house arrest but are not punishments in legal sense. Moreover, third part is also where I examine various kinds of conversions associated with house arrest. The fourth part of this thesis zooms...
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Krupicová, Barbora. "Trest domácího vězení, jeho výkon a kontrola." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-338006.
Full textAbstract:
House arrest punishment, its execution and control This diploma thesis deals with the complex issues related to house arrest punishment, its execution and control as one of the most controversial questions in the field of criminal law. This diploma thesis is divided into eight chapters. The first chapter focuses on clarification of general term and purpose of punishment. It discuses absolute theory, relative theory as well as theory that combines several approaches to the actual purpose of the punishment. This chapter also describes the main criminal law doctrines which are connected to punishment. The second chapter aims on restorative justice as a system of justice which is different from retributive justice when it represents approach which tries to identify alternative solutions in criminal cases. The third chapter aims on issue of alternative punishment concerning reasons for existence of alterative punishments, kinds of alterative punishments as well as secondary sanctioning. The fourth chapter concerns the actual house arrest punishment. It discusses general questions which are connected to house arrest punishment. It describes its history, legal frame of this institute as well as conversion of house arrest punishment to custodial sentence and on the other hand conversion of other punishments...