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Journal articles on the topic 'Alternatives to punishment'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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1

Milani, Alireza, and Mehdi Rezaee Moghadam. "Functions of Alternative Punishments to Imprisonment in Reducing the Criminal Population of the State Prisons." International Letters of Social and Humanistic Sciences 44 (December 2014): 74–85. http://dx.doi.org/10.18052/www.scipress.com/ilshs.44.74.

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In accordance with the inefficiency of imprisonment punishments in reforming and rehabilitating the prisoners, also due to the criminal environment of the prisons, economic costs of the prison and damages caused by imprisoning the head of the household, contradiction with the principle of personal punishment, health and mental problems existing and the like, are some of the problems which have created serious challenges for the imprisonment punishments. Hence, attempts for employing other punishments as alternatives to the imprisonment punishment have drawn the attention of various countries and legal systems. Accordingly, today the Iranian criminal policy makers, in line with dis-imprisonment and prohibiting the indiscriminate use of imprisonment punishment have begun to enact a law in which a chapter has been assigned to alternatives of the imprisonment punishment and prediction of a half freedom system. This paper, while introducing and investigating alternative punishments of imprisonment in the Islamic Penal Code of 2013 concludes that not only is transparent and clear rules and regulations necessary in this area, but also a successful enforcement of these laws requires an appropriate culture building in the society. On the other hand, the issue of alternatives should be institutionalized among the judges.

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2

Milani, Alireza, and Mehdi Rezaee Moghadam. "Functions of Alternative Punishments to Imprisonment in Reducing the Criminal Population of the State Prisons." International Letters of Social and Humanistic Sciences 46 (January 2015): 39–50. http://dx.doi.org/10.18052/www.scipress.com/ilshs.46.39.

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Of imprisonment punishments in reforming and rehabilitating the prisoners, also due to the criminal environment of the prisons, economic costs of the prison and damages caused by imprisoning the head of the household, contradiction with the principle of personal punishment, health and mental problems existing and the like, are some of the problems which have created serious challenges for the imprisonment punishments. Hence, attempts for employing other punishments as alternatives to the imprisonment punishment have drawn the attention of various countries and legal systems. Accordingly, today the Iranian criminal policy makers, in line with dis-imprisonment and prohibiting the indiscriminate use of imprisonment punishment have begun to enact a law in which a chapter has been assigned to alternatives of the imprisonment punishment and prediction of a half freedom system. This paper, while introducing and investigating alternative punishments of imprisonment in the Islamic Penal Code of 2013 concludes that not only is transparent and clear rules and regulations necessary in this area, but also a successful enforcement of these laws requires an appropriate culture building in the society. On the other hand, the issue of alternatives should be institutionalized among the judges.

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3

Diamantes, Thomas. "Alternatives to Corporal Punishment." Clearing House: A Journal of Educational Strategies, Issues and Ideas 65, no. 4 (April 1992): 233–35. http://dx.doi.org/10.1080/00098655.1992.10114212.

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4

Alsaweel, Khaled, and Saleem Alquisi. "The Counter-Effects Of The Application Of Imprisonment Alternatives On The Families Of The Imprisoned Individuals From The Point Of View Of The Prisoners In The Al-Qaseem Region – SUDIA ARABIA”." Journal of Arts and Social Sciences [JASS] 8, no. 1 (February 1, 2017): 139. http://dx.doi.org/10.24200/jass.vol8iss1pp139-156.

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The main objectives of this study is to identify the nature of the sequences resulted from replacing the imprisonment punishment on the social, economic and security structure of the families from the point of view of the imprisoned individuals in the Qaseem region of Saudi Arabia. The study sample is composed of 239 jailed individuals representing the Qaseem prisons. In order to answer the main questions, the study used standards of descriptive statistical, and T-Tests of independent samples. The study has concluded that the degree of the reflection of imprisonment alternatives, as punishments, on the social structure of the family is of a high degree and with positive results from the point of view of the questioned individuals, as the main general average was 4.32. it has been shown that the application of imprisonment alternatives has had high positive results on the stability of the family, prevent social disintegration, protect the family of the jailed people, prevent social stigma, provide suitable atmosphere enables social integration of the families of the jailed individuals. Also, it has been elucidated that the application of alternative punishment has high-positive effects, with 4.18 overall average. Alternative punishments secure the families with fixed income, contributes to their economic welfare, and provide appropriate housing. The analyses indicated that alternative punishments have high positive effects in securing and protecting families from crimes, with overall average of 4.09. The study recommends that a public-awareness and opinion should be established and widespread in order to publicize recourse to alternative punishments to imprisonment. Furthermore, the effectiveness of alternative punishment should be emphasized in prevent the families from the social, economic and security negative consequences resulted from the imprisonment of the paterfamilias.

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5

Wurzer, David, and Thomas McKenzie. "Features: Constructive Alternatives to Punishment." Strategies 1, no. 1 (September 1987): 6–9. http://dx.doi.org/10.1080/08924562.1987.10591580.

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6

Hamdamiyan, Ahmad, and Ahmad Reza Behniafar. "Alternative Theoretical Foundations of Penal Sentences in Criminal Law with Regard to Iran's Islamic Penal Code 1392." Journal of Politics and Law 9, no. 3 (April 28, 2016): 40. http://dx.doi.org/10.5539/jpl.v9n3p40.

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<p>The failure of penalties depriving liberty in the social rehabilitation of offenders and to reduce the jail population and prevention of recidivism and reduce the costs of implementing the policy of freedom depriving punishment sentence depriving freedom of recent decades and the United Nations was considering legal systems.In depriving Iran from its initial rounds of legislative measures to restrict the scope of punishment was considered free.since 1370 substitution of alternative measures of punishment now widely spread than ever before converting a penalty in the form of suspension of its operation are available depriving of freedom.</p>Alternatives to punishment of imprisonment in the Penal Code in 1992 was taken into consideration in the new Penal Code in 1392 in addition to the previous alternatives of new cases of alternative punishment of prison is considered that including the daily fine, public services and care period pointed out.

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7

Radin, Norma. "Alternatives to Suspension and Corporal Punishment." Urban Education 22, no. 4 (January 1988): 476–95. http://dx.doi.org/10.1177/004208598802200407.

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8

Steinert, Hulsman, and Stanley Cohen. "Alternatives to Punishment — The Abolitionist Case." Israel Law Review 25, no. 3-4 (1991): 729–39. http://dx.doi.org/10.1017/s0021223700010712.

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Heinz Steinert and Louk Hulsman represent “abolitionism” — a stream of critical thinking about criminology, crime, criminal law and punishment that has been developing in Western Europe (mainly Holland, Germany, Austria and Norway) over the past two decades. Given that the participants to this Conference are mainly Anglo-American and Israeli academics or lawyers who have been quite insulated from this intellectual movement, it seemed to me that my most useful task as commentator would be to place these ideas in their wider intellectual context. After this, I will select a few general themes from these papers and compare them to the papers by Abel and Galanter in the related session on “Alternatives to Punishment”.My own position towards abolitionism is that of a sympathetic, but critical fellow traveller: I agree with much, want to believe more but am skeptical about some.

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9

Sebba, Leslie. "Punishment and its Alternatives — A Comment." Israel Law Review 25, no. 3-4 (1991): 753–58. http://dx.doi.org/10.1017/s0021223700010736.

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The papers presented in this last session of the Conference — by Marc Galanter and Richard Abel — tend towards a quasi-sociological perspective, emphasizing the limits of the applicability of the criminal law and its implementation, and drawing attention to alternative normative systems — whether extra-penal or extra-legal.The papers differ, however, in at least two important respects. The first difference is in tone and orientation. While Galanter is essentially pragmatic, Abel's perspective is radical. On this point it is interesting to observe that Abel's radical criticisms are directed primarily at the inadequacies of the law in the context of the protection of the weaker members of society. Until recently, the radical thrust was generally directed at the overuse of the law against the underprivileged. Recently conducted victim surveys have pointed to the victimization of the poor by offenders rather than as offenders, and this information clearly forms part of the backdrop to Abel's analysis.

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10

Rosenthal, Maura B., Karen Pagnano-Richardson, and Lydia Burak. "Alternatives to Using Exercise as Punishment." Journal of Physical Education, Recreation & Dance 81, no. 5 (May 2010): 44–48. http://dx.doi.org/10.1080/07303084.2010.10598479.

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11

Getek Soltis, Kathryn, and Katie Walker Grimes. "Order, Reform, and Abolition: Changes in Catholic Theological Imagination on Prisons and Punishment." Theological Studies 82, no. 1 (March 2021): 95–115. http://dx.doi.org/10.1177/0040563921996050.

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Catholic thinking on prisons and punishment is in a state of flux. For most of its history, the church promoted a theology of order and obedience. Yet, a humanitarian revolution appears underway as the church now opposes punishments it once prescribed, namely torture, slavery, and the death penalty. Crafted largely in response to the prison system in the United States, recent alternatives to the moral-order approach appeal to human dignity, restorative justice, conversion, and social justice. Even so, the trajectory of Catholic moral imagination on punishment bears a particular compatibility with prison abolition.

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12

Davis, James R., and Anthony A. Vass. "Alternatives to Prison: Punishment, Custody and the Community." Contemporary Sociology 20, no. 6 (November 1991): 924. http://dx.doi.org/10.2307/2076201.

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13

Stanley, Stephen J. "ALTERNATIVES TO PRISON: PUNISHMENT, CUSTODY AND THE COMMUNITY." Criminal Behaviour and Mental Health 3, no. 4 (November 1993): 528–29. http://dx.doi.org/10.1002/cbm.1993.3.4.528.

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14

de Valk, S., G. H. P. van der Helm, M. Beld, P. Schaftenaar, C. Kuiper, and G. J. J. M. Stams. "Does punishment in secure residential youth care work? An overview of the evidence." Journal of Children’s Services 10, no. 1 (March 16, 2015): 3–16. http://dx.doi.org/10.1108/jcs-11-2014-0048.

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Purpose – Violence is a common problem in secure residential units for young people. Group workers often think that young people have to learn to behave by means of punishment. The purpose of this paper is to investigate whether this approach is effective in these settings, and, if so, under what circumstances. Furthermore, it aims to provide alternatives to punishment when dealing with violence. Design/methodology/approach – Recent evidence on the effectiveness of punishment in secure residential units is reviewed. In addition, methods which are promising in dealing with violence are described. Findings – The review shows that punishment is often used to regain control by group workers or, alternatively, is a result of professional helplessness in the face of escalating problems. Only when the living group climate is marked by trust and cooperation can punishment be effective. Originality/value – Punishment in secure residential settings can have severe negative consequences. Nevertheless, group workers are tempted to use it as a response to violence in an attempt to gain control.

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15

Purdie, Cynthia Northington. "Alternatives to Corporal Punishment Gaining Momentum in U.S. Schools." International Journal for Infonomics 5, no. 1/2 (March 1, 2012): 542–43. http://dx.doi.org/10.20533/iji.1742.4712.2012.0061.

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16

Snell, Martha E. "In Response to Axelrod’s Review of Alternatives to Punishment." Behavior Analyst 10, no. 2 (October 1987): 295–97. http://dx.doi.org/10.1007/bf03392442.

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17

Haupt, Harry, Friedrich Lösel, and Mark Stemmler. "Quantile Regression Analysis and Other Alternatives to Ordinary Least Squares Regression." Methodology 10, no. 3 (January 1, 2014): 81–91. http://dx.doi.org/10.1027/1614-2241/a000077.

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Data analyses by classical ordinary least squares (OLS) regression techniques often employ unrealistic assumptions, fail to recognize the source and nature of heterogeneity, and are vulnerable to extreme observations. Therefore, this article compares robust and non-robust M-estimator regressions in a statistical demonstration study. Data from the Erlangen-Nuremberg Development and Prevention Project are used to model risk factors for physical punishment by fathers of 485 elementary school children. The Corporal Punishment Scale of the Alabama Parenting Questionnaire was the dependent variable. Fathers’ aggressiveness, dysfunctional parent-child relations, various other parenting characteristics, and socio-demographic variables served as predictors. Robustness diagnostics suggested the use of trimming procedures and outlier diagnostics suggested the use of robust estimators as an alternative to OLS. However, a quantile regression analysis provided more detailed insights beyond the measures of central tendency and detected sources of considerable heterogeneity in the risk structure of father’s corporal punishment. Advantages of this method are discussed with regard to methodological and content issues.

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18

McEvoy, Kieran, and Harry Mika. "Punishment, policing and praxis: Restorative justice and non‐violent alternatives to paramilitary punishments in Northern Ireland." Policing and Society 11, no. 3-4 (September 2001): 359–82. http://dx.doi.org/10.1080/10439463.2001.9964871.

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19

Einat, Tomer. "Shock-Incarceration Programs in Israeli Sanctioning Policy: Toward a New Model of Punishment." Israel Law Review 36, no. 1 (2002): 147–77. http://dx.doi.org/10.1017/s002122370001791x.

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Issues such as prison overcrowding, a growing realization that prisons cannot rehabilitate, and the belief that many inmates could be adequately managed in less intrusive and costly settings, have led Israeli scholars and practitioners, in the last four decades, to devote efforts to the development of alternative sanctions to imprisonment. Specifically, the focus has been on the development and elaboration of alternative sanctions that match the severity of punishment to the seriousness of the crime.Intermediate sanctions (also called “alternative sanctions,” “alternatives to imprisonment,” or “community-based sanctions”) have been proposed as “ways to manage the burgeoning numbers of offenders without sacrificing public safety.” These punishment options are considered to fall on a continuum between traditional probation supervision and traditional incarceration.

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20

ATEAH, C., M. SECCO, and R. WOODGATE. "The risks and alternatives to physical punishment use with children." Journal of Pediatric Health Care 17, no. 3 (May 2003): 126–32. http://dx.doi.org/10.1016/s0891-5245(02)88318-3.

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21

Schloss, Patrick J. "Punishment and Its Alternatives: A New Perspective for Behavior Modification." Applied Research in Mental Retardation 6, no. 1 (January 1985): 111–12. http://dx.doi.org/10.1016/s0270-3092(85)80028-x.

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22

Ateah, Christine A., M. Loretta Secco, and Roberta L. Woodgate. "The risks and alternatives to physical punishment use with children." Journal of Pediatric Health Care 17, no. 3 (May 2003): 126–32. http://dx.doi.org/10.1067/mph.2003.18.

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23

Kury, Helmut. "Harsh Punishment or Alternatives: Which is the Better Crime-prevention?" Juridica International 25 (November 5, 2017): 91. http://dx.doi.org/10.12697/ji.2017.25.10.

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The classical reaction to crime is punishment, then, if it does not have the effect we are looking for, still harsher sanctions. For the most part, state powers concentrate on the offender and his or her punishment, while the victim is ‘used’ as a witness in court proceedings. Empirical criminological research in recent decades has shown more and more that ‘just punish’ is not the best solution to reduce crime. Old traditional societies, such as various Native American groups in North America, had more peacekeeping-oriented approaches to crime, dealing with both the offender and the victim. The name we use for these today is ‘mediation’ or ‘restorative justice’. In the last few decades, these measures for handling crime and conflicts have been rediscovered, and they are used more and more in Western countries, with positive effects. For example, Germany’s criminal code and, especially, the country’s juvenile penal code suggest more ways in which victim–offender mediation and restitution can be used; however, legal practice shows reluctance to use the newly specified procedures. Elsewhere in Europe at state level, these techniques are used more in Western industrialised countries, less in former Eastern-bloc states. Differences can be seen also in the role of the mediator in practice: it is seen differently in some respects. Research results show clearly that mediation has a more positive effect on offenders and also victims than the ‘classical’ court procedure does, and thereby it helps more to re-establish peace in society.

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24

Nee, Claire. "Book Review: Alternatives to Prison: Punishment, Custody and the Community." International Criminal Justice Review 2, no. 1 (May 1992): 155–56. http://dx.doi.org/10.1177/105756779200200122.

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25

Mashau, T. S., H. N. Mutshaeni, and L. R. Kone. "Learner Discipline: Finding Lawful Alternatives to Corporal Punishment (Learner Discipline)." International Journal of Educational Sciences 11, no. 3 (December 2015): 285–90. http://dx.doi.org/10.1080/09751122.2015.11890400.

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26

Mulick, James A., and Thomas R. Linscheid. "Alternatives to punishment: Solving behavior problems with non-aversive strategies." Research in Developmental Disabilities 9, no. 3 (January 1988): 317–21. http://dx.doi.org/10.1016/0891-4222(88)90008-x.

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27

Wieseler, Norman A. "Alternatives to punishment: Solving behavior problems with non-aversive strategies." Research in Developmental Disabilities 9, no. 3 (January 1988): 321–23. http://dx.doi.org/10.1016/0891-4222(88)90009-1.

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28

Belshaw, Christopher. "Punishment and the Body." Journal of Controversial Ideas 1, no. 1 (April 25, 2021): 1. http://dx.doi.org/10.35995/jci01010010.

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Suppose we accept that punishment can be legitimate. What form should it take? Many of us believe that it can be acceptable to fine or imprison someone, but that capital punishment, along with corporal punishment in its various manifestations, is wholly unacceptable. I suggest that it is hard to account for or justify this distinction. But granting that resistance to these latter forms is unlikely to be dislodged, and granting too that imprisonment in particular is hardly problem-free, it is worth considering whether there might be alternatives. And I argue here that we should consider enforced coma as a procedure having many advantages over the more familiar methods of delivering a penalty. Of course, there are disadvantages also. The aim isn’t to offer a detailed and practical solution to the problem of crime, but to explore some of the presumptions and principles involved in our thinking about punishment.

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29

Saunders, Bernadette J., and Christopher R. Goddard. "Why do we condone the ‘physical punishment’ of children?" Children Australia 23, no. 3 (1998): 23–28. http://dx.doi.org/10.1017/s1035077200008713.

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Societal tolerance of violence perpetrated between family members is evident in the generally unchallenged views condoning parents’ physical assault of children in the name of ‘discipline’. The authors suggest that such views reflect society’s devaluation of children and a denial of children’s basic human rights. This paper addresses the following areas related to the sanctioned physical punishment of children: the ‘fuzzy’ distinction between physical punishment and physical abuse; the law; the power of words; the media’s role and impact; parental explanations and motives for using physical punishment; the effects of physical punishment on children; the alternatives to physical punishment; and the reason this issue is so important, both for children and for society.

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30

Shaw, Alex, and Laurie Santos. "Lab support for strong reciprocity is weak: Punishing for reputation rather than cooperation." Behavioral and Brain Sciences 35, no. 1 (January 31, 2012): 39. http://dx.doi.org/10.1017/s0140525x11000884.

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AbstractStrong reciprocity is not the only account that can explain costly punishment in the lab; it can also be explained by reputation-based accounts. We discuss these two accounts and suggest what kinds of evidence would support the two different alternatives. We conclude that the current evidence favors a reputation-based account of costly punishment.

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31

McPhail, Ian V., Mark E. Olver, and Carolyn Brooks. "Taking the Pulse: perceptions of crime trends and community safety and support for crime control methods in the Canadian Prairies." Journal of Community Safety and Well-Being 2, no. 2 (June 28, 2017): 43. http://dx.doi.org/10.35502/jcswb.40.

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The present study analyzed crime survey data extracted from the 2012 Saskatchewan Taking the Pulse survey on a sample of 1,700 adult Saskatchewan residents. The focus was on examining perceptions of crime trends, perceived effectiveness of various methods for controlling crime, and their sociodemographic correlates. The majority of survey respondents perceived crime in general to be on the rise (37%) or to have not changed at all (48%) over the last three years. Individuals who perceived crime to have decreased were significantly more likely to support alternatives to punishment as effective methods for reducing crime, while individuals who perceived crime to be on the rise were twice as likely to support the use of punitive methods. Perceptions of community safety were unrelated to preference for one crime reduction method over another. Education level was inversely related to crime trend perceptions (r = -.14) and preference for punitive methods to reduce crime (r = -.20). Finally, the results of logistic regression indicated higher levels of education, higher income, and perceptions of crime decreasing were all uniquely associated with a preference for alternatives to punishment in reducing crime. In these analyses, younger age was predictive of a preference for alternatives in reducing youth crime, while urban residential setting was associated with a preference for alternatives to punishment in reducing crime in general.

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32

Porter, Rachel, Sophia Lee, and Mary Lutz. "Balancing Punishment and Treatment: Alternatives to Incarceration in New York City." Federal Sentencing Reporter 24, no. 1 (October 1, 2011): 26–29. http://dx.doi.org/10.1525/fsr.2011.24.1.26.

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This article is excerpted from Rachel Porter, Sophia Lee, and Mary Lutz's 100-page report of the same name originally published by the Vera Institute of Justice in 2002. The report assesses the operation of the alternatives to incarceration (ATI) program for dealing with defendants accused of felonies. This research has shown that the ATI system represents a valuable sentencing option in the city. The criminal justice system in New York City includes a unique network of alternatives to incarceration: a coordinated set of programs to which judges may send criminal offenders instead of sentencing them to jail. The programs balance punishment and treatment for felony offenders without compromising public safety, and they have the potential to reduce reoffending.

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33

Einat, Tomer. "How Effective is Criminal Fine Enforcement in the Israeli Criminal Justice System?" Israel Law Review 33, no. 2 (1999): 322–38. http://dx.doi.org/10.1017/s0021223700016009.

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Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal system in Israel. In elaborating alternatives to imprisonment, an integrated model, incorporating welfare and rehabilitation considerations, has emerged. Nevertheless, Israeli judges have remarkably few sentencing alternatives at their disposal, and the penal sanctions available to them can be counted on the fingers of one hand, namely, imprisonment, suspended prison sentence, probation, community service, and the fine.

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Merlo, Alida V., and Peter J. Benekos. "Adapting Conservative Correctional Policies to the Economic Realities of the 1990s." Criminal Justice Policy Review 6, no. 1 (March 1992): 1–16. http://dx.doi.org/10.1177/088740349200600101.

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This article reviews the impact that the punitive, “get tough” policies of the 1980s have had on corrections. With record breaking increases in prison populations, legislators and policy makers have had to confront the realities of fiscal constraints while responding to the conservative agenda on crime. The consequence has been to develop and expand alternatives to incarceration which can be both tough on criminals but cheaper than traditional prison punishment. However, intermediate punishments such as intensive probation, electronic monitoring, and shock incarceration may be widening the correctional net. In reviewing these developments, the authors examine ideologies and consequences, and observe that economic considerations will influence corrections policies in the 1990s.

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35

Moyo, George, Noncedo PD Khewu, and Anass Bayaga. "Disciplinary practices in schools and principles of alternatives to corporal punishment strategies." South African Journal of Education 34, no. 1 (February 5, 2014): 1–14. http://dx.doi.org/10.15700/201412120952.

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36

Paál, Tünde, and Tamás Bereczkei. "Competition and strong reciprocity. The alternatives of altruistic punishment in competitive situations." Pszichológia 34, no. 3 (September 2014): 239–59. http://dx.doi.org/10.1556/pszicho.34.2014.3.3.

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37

Dunlap, Glen. "Book Review: Alternatives to Punishment: Solving Behavior Problems with Non-aversive Strategies." Journal of the Association for Persons with Severe Handicaps 12, no. 3 (September 1987): 240–42. http://dx.doi.org/10.1177/154079698701200311.

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38

Winston, Tom. "Alternatives to punishment beatings and shootings in a Loyalist community in Belfast." Critical Criminology 8, no. 1 (March 1997): 122–28. http://dx.doi.org/10.1007/bf02461140.

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39

Kim, Moonhawk, and Scott Wolford. "Choosing anarchy: institutional alternatives and the global order." International Theory 6, no. 1 (March 2014): 28–67. http://dx.doi.org/10.1017/s1752971913000304.

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The international system may be anarchic, but anarchy is neither fixed nor inevitable. We analyze collective choices between anarchy, a system of inefficient self-enforcement, and external enforcement, where punishment is delegated to a third party at some upfront cost. In equilibrium, external enforcement (establishing governments) prevails when interaction density is high, the costs of integration are low, and violations are difficult to predict, but anarchy (drawing borders) prevails when at least one of these conditions fail. We explore the implications of this theory for the causal role of anarchy in international relations theory, the integration and disintegration of political units, and the limits and possibilities of cooperation through international institutions.

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40

Selman, Kaitlyn J. "Imprisoning ‘Those’ Kids: Neoliberal Logics and the Disciplinary Alternative School." Youth Justice 17, no. 3 (June 12, 2017): 213–31. http://dx.doi.org/10.1177/1473225417712607.

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Despite a perceived retrenchment of exclusionary school punishment, the disciplinary alternative school has emerged as a space in which to enforce upon marginalized students the logics of neoliberal carcerality. This article draws on the code of conduct handbooks of 15 Texas Disciplinary Alternative Education Programs to illustrate how this space seeks to reaffirm social and economic marginality for certain youth. Specific processes in the alternative school prepare youth for a life of imprisonment, often characterized by criminal justice system involvement, but also precarious (un)employment. As such, this article situates the disciplinary alternative school as one of many ‘alternatives’ to carcerality through which the carceral state maintains its power.

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41

Saaty, Thomas L., Müjgan Sağır Özdemir, and Jennifer S. Shang. "The Rationality of Punishment — Measuring the Severity of Crimes: An AHP-Based Orders-of-Magnitude Approach." International Journal of Information Technology & Decision Making 14, no. 01 (January 2015): 5–16. http://dx.doi.org/10.1142/s0219622014500850.

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We propose an innovative AHP-based model to assess the severity of the harms a criminal commits to society in a comprehensive and coherent way. Different from the traditional approach of structuring alternatives into one level, we organize the alternatives into multiple levels of that hierarchy. This arrangement and evaluation of alternatives differs from one criterion to another, which adds to the sophistication of the task when assessing numerous heterogeneous criminal activities. Structuring multifaceted decisions with the proposed model enables us to better deal with its inherent complexity. Our approach can systematically tackle problems of widespread orders of magnitude of criteria and alternatives. When the sizes are actually very small or very large, the accuracy of rating alternatives one at a time is very low. With the proposed method, we are able to obtain priorities with greater precision.

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Ab Aziz, Norjihan, Zuraini Ab Hamid, and Noor Shuhadawati Mohamad Amin. "Buli dalam Kalangan Pelajar Sekolah: Persidangan Kumpulan Keluarga sebagai Alternatif kepada Hukuman." Kanun: Jurnal Undang-undang Malaysia 32, no. 2 (July 2, 2020): 275–96. http://dx.doi.org/10.37052/kanun.32(2)no5.

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Bullying among school students cannot be taken lightly. There are specific guidelines and policies in Malaysia that allow school authorities to take disciplinary action against bullying. Legal action can also be taken against the perpetrator if necessary. However, Family Group Conference have been adopted in some countries as alternatives to punishment for bullying in schools. This study is conducted in order to examine bullying among school students in Malaysian schools, as well as the laws governing school bullying. This research also analyses the resolution of school bullying through Family Group Conferences as alternatives to punishment as practised in several countries. It is recommended that Family Group Conferences be introduced in Malaysia to complement the current solutions for school bullying cases. This study utilizes a qualitative method, referring to Acts, decided cases, and academic writings such as books and journals.

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Svensson, Jonas. "God’s Rage: Muslim Representations of hiv/aids as a Divine Punishment from the Perspective of the Cognitive Science of Religion." Numen 61, no. 5-6 (September 4, 2014): 569–93. http://dx.doi.org/10.1163/15685276-12341343.

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Research from a number of disciplines indicates that the interpretation of hiv/aids as a divine punishment for illicit sexual practices dominates both a contemporary intra-Muslim public religious discourse and perceptions of the disease among Muslims. This dominance persists despite the existence of alternative theological interpretations, and despite seemingly contradictory empirical evidence. The present article develops a hypothesis on why this is the case and poses it against existing attempts at explanations. The theoretical basis for this hypothesis is elaborated with the help of findings from within the cognitive science of religion, and particularly the notion of an “epidemiology of representations.” According to the hypothesis, a combination of general psychological and cognitive factors and specific contextual factors provide the notion of hiv/aids as a divine punishment, with a selective advantage in certain social contexts over both theological alternatives and non-religious understandings of the disease. The article finally puts forward some predictions that may be tested empirically in further research.

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Baker, Brenda M. "Improving our Practice of Sentencing." Utilitas 9, no. 1 (March 1997): 99–114. http://dx.doi.org/10.1017/s095382080000515x.

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Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment.

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Rowe, Brenda I. "How Would You Like to Die? Glossip v. Gross Deals Blow to Abolitionists." Prison Journal 98, no. 1 (November 21, 2017): 83–103. http://dx.doi.org/10.1177/0032885517743716.

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After capital punishment opponents’ pressure on drug suppliers reduced the lethal injection drug supply, Oklahoma began using midazolam, resulting in botched executions. Condemned inmates sought to stop use of this lethal injection protocol. In Glossip v. Gross, the U.S. Supreme Court found inmates failed to establish that such protocols entail a substantial risk of severe pain compared with available alternatives, undermining the supply side attack strategy and leaving inmates facing the possibility of an unnecessarily painful execution. This article places the Glossip decision within the context of method of execution jurisprudence and discusses implications for the ongoing battle over capital punishment.

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ABDERREZAK, Ismahane. "MEDIATION AS AN ALTERNATIVE MECANISM FOR A PUBLIC LAWSUIT." RIMAK International Journal of Humanities and Social Sciences 03, no. 07 (September 1, 2021): 01–10. http://dx.doi.org/10.47832/2717-8293.7-3.1.

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Criminal mediation is one of the modern means that represents one of the most important legal mechanisms for resolving disputes in a way distinct from what is required by classic judicial procedures. Modern criminal policy has tended towards consensual solutions or consensual conciliatory justice in many cases as a reliable strategic option in reconciling the state’s right to punishment, And the right of the criminal to reform and reintegration, in an attempt to reduce the phenomenon of the criminal justice crisis and the increase in the number of cases before it, and the failure of short-term punishment, so it became necessary to search for better alternatives to gain effort and time and maintain social relations between members of society by introducing a mediator who works on bringing the points of view between the parties to the dispute, and the establishment of an agreement that guarantees reparation for the harm suffered by the victim and guarantees the rehabilitation of the offender under judicial supervision.

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Brown, Elizabeth, and Amy Smith. "Challenging mass incarceration in the City of Care: Punishment, community, and residential placement." Theoretical Criminology 22, no. 1 (January 9, 2017): 4–21. http://dx.doi.org/10.1177/1362480616683794.

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Challenges to mass incarceration often come from places seeking to bolster “community” sanctions and community-based alternatives to punishment. In the City of Care, local community activists challenged growing rates of juvenile incarceration and the overrepresentation of youth of color in juvenile detention by advocating for a community-based “circle of care”. These efforts resulted in the local juvenile court embracing the “least restrictive interventions”. In cases where juveniles could not be helped “in the community”, residential placement replaced the practices of sending young people to juvenile hall or the California Youth Authority. This article examines how the use of placement sought to unseat the ethos of punishment, but inadvertently incentivized young people to stay in juvenile hall. Thus, in the City of Care the extension of “community-based” services is often no different from practices of punishment, and must be interrogated as part of the state repertoire of control and exclusion.

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Rudman, Cary, Eliot Hartstone, Jeffrey Fagan, and Melinda Moore. "Violent Youth in Adult Court: Process and Punishment." Crime & Delinquency 32, no. 1 (January 1986): 75–96. http://dx.doi.org/10.1177/0011128786032001005.

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Despite the widespread transfer of violent youth from juvenile to criminal court, there is little empirical knowledge of the transfer process, rate of transfer, or of case outcomes, sentences, and placements of transferred juveniles. This study examines these issues for 177 violent youths considered for transfer in four urban areas, comparing court outcomes for youths transferred to criminal court with those for youths retained in juvenile court. Varying procedures, criteria, and court rules result in case processing time averaging 2.5 times greater for transferred youth. Most spend this time in detention. Violent youth considered for transfer are adjudicated at a high rate for the offenses as charged in both juvenile and criminal court. Plea bargaining for charges rarely occurred. Youth considered for transfer but retained by the juvenile court received maximum commitments and placements within the jurisdictional limits of the juvenile justice system. Transferred youth convicted in criminal court received even more severe sanctions both in nature and length. Alternatives to incarceration were rarely used by either the juvenile or criminal court.

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FUNKE, GAIL S. "The Economics of Prison Crowding." ANNALS of the American Academy of Political and Social Science 478, no. 1 (March 1985): 86–99. http://dx.doi.org/10.1177/0002716285478001008.

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This article examines the economic implications of the problem of overcrowding when the construction of new prisons is selected as the solution. True costs, which are substantially more than commonly understood, are derived. The costs of specific sentences are also examined. Prison is compared with other punishment alternatives. Myths about prisons are discussed and the real policy choices faced by public decision makers are presented.

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JONES, PETER R. "It's Not What You Ask, It's the Way That You Ask It: Question Form and Public Opinion on the Death Penalty." Prison Journal 74, no. 1 (March 1994): 32–50. http://dx.doi.org/10.1177/0032855594074001003.

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For all their faults, public opinion polls are of great importance to public policymaking, especially on issues that are highly visible and controversial. In the context of capital punishment, researchers have repeatedly documented the strong relationship that exists among public, judicial, and legislative opinion. During the past two decades, popular public opinion poll results in the United States have shown considerable growth in the support of capital punishment. Although criticized as grossly overly simplistic, these polls are often employed to show that legislative and judicial decision making is “grounded” in consensual public opinion. A number of studies have questioned the validity of opinion polls as measures of attitudes on this issue—with apparent support for capital punishment dropping precipitously when alternative options, such as life imprisonment with absolutely no possibility of parole, are provided. The present article suggests that we are misinterpreting poll information in a more basic way—by effectively dissuading a “no opinion“ response through the use of a standard “no filter” question format. Even without providing additional information or alternatives to respondents, the present research suggests that reliance on standard questions that simply seek a favor/oppose response can overestimate support for and opposition to the death penalty. More important, the number of people with no clear opinion on this issue can almost double, simply by employing a different question format. Put simply, one of the most important determinants of public opinion on the death penalty is the way in which we pose the question.

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