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1
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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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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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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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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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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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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Rozsypal, Martin. "Nepodmíněný trest odnětí svobody." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-329306.
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This thesis deals with the issue of imprisonment, which is the strictest penalty that our legal system uses. Although the possibility of alternative sanctions has extended widely in recent years, imprisonment still retains a very important position in the system of criminal sanctions, as it is a punishment that can be imposed for the commission of any crime. Imprisonment therefore remains and shall remain punishment designated primarily for the perpetrators of the most serious criminal activities. The aim of this work is to assess the current situation of the Czech prison system with regards to the relevant legal regulation of imprisonment, including problems associated to it. This thesis consists of seven chapters; each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. There are two main approaches mentioned in the discussion about the purpose of punishment; the absolute theory and relative theory. Attention is also given to the purpose of punishment in the Czech legal regulation of criminal law. The second chapter deals with the historical perspective on the evolution of punishment and gradual enforcement of the imprisonment sentence in the criminal sanctions. This chapter then discusses...
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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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Pleva, Jiří. "Nepodmíněný trest odnětí svobody z pohledu teorie a praxe." Doctoral thesis, 2012. http://www.nusl.cz/ntk/nusl-311575.
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Unconditional sentence of imprisonment from perspective of theory and practice Dissertation JUDr. Jiří Pleva Abstract Author tried to express his opinions to contemporary theory and practice concerning the unconditional sentence of imprisonment and provide some impulses to an appropriate change in his thesis. The basic motto of the introduced discourse was the statement that the prime sign of the imposed sentence is the loss (evil) caused to the criminal. Author wanted to prove the ineffectiveness of the imposed sentences in the cases when the subsequent execution of the punishments will not be for the criminal appreciable enough, whereas the factual appreciability of the punishment is only ad hoc to be stated regarding to the situation of the particular offender. Generally extended statement was disproved, that the unconditional sentence of imprisonment was always the strictest form of punishment, by the chosen cases from the court room and also from the prison practice. In thesis author tried to emphasize the importance of all basic purposes of the punishment, until now modified in § 23 of the Criminal code (1961) which cannot be left out at considerations either about imposing sentence or after the coming into force of the new Criminal code (2009). In spirit of the mixed theory of punishment he expressed...
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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.
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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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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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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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Singh, Shanta. "Community based sentences : an alternative to short-term imprisonment." Thesis, 2002. http://hdl.handle.net/10500/850.
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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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Gerber, Frans Antonie. "Penologiese ondersoek na korrektiewe toesig." Diss., 1995. http://hdl.handle.net/10500/16839.
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Text in AfrikaansIn hierdie verhandeling onderneem die navorser 'n teoretiese en filosofiese studie, binne 'n penologiese perspektief, ten einde 'n ondersoek na korrektiewe toesig as 'n alternatiewe strafvorm te bepaa] • Kennis en insig wat sodoende ingesame] is, kan aangewend word om die stelsel in Suid-Afrika te hevorder. Hierdie verhandeling word verdeel in 'n inleiding oor die metodologie en akademjese verantwoording van die studiegebied van penologie, die rasionaal v1r die soeke na alternatiewe vir korttermyngevangenisstraf; die historiese aanloop vir die vestiging van korrektiewe toesig in Suid-Afrika, die funksionering van die korrektiewe toesigstelsel van Suid-Af rika, die funksionering van beide die basiese en intensiewe toesigstelsel (IPS) van die Staat. Georgia
M.A. (Penology)
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Govender, Lucilla. "Quiet Time Programme (QTP) as a model for managing discipline in primary schools in Chatsworth, Durban." Diss., 2014. http://hdl.handle.net/10500/18345.
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The purpose of this study was to investigate the Quiet Time Programme as a technique to maintain learner discipline in primary schools in Chatsworth, Durban.
Data regarding the impact of the Quiet Time Programme on positive discipline was collected. Questionnaires were used to collect the data. Data was collected from principals, educators and learners. Three primary schools in Chatsworth were used. A quantitative research approach was used in this study.
The empirical investigation revealed that there are many learner discipline issues that educators are faced with on a daily basis. The investigation also demonstrated the ineffectiveness of the alternatives to Corporal Punishment that are used at schools currently. This study introduced the Quiet Time Model. Principals, educators and learners revealed their perceptions of the Quiet Time Programme.
The study concluded with the discussion of the major findings emanating from the data analysis. Recommendations have been provided to schools for drawing up their discipline policies. The role of the principals, parents, educators and learners play in creating an environment conducive to teaching and learning must be considered. Some techniques to keep all stakeholders interested and inspired in the implementation of new discipline techniques are provided.Educational Management and Leadership
M. Ed. (Education Management)