Academic literature on the topic 'Community service (Punishment)'
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Journal articles on the topic "Community service (Punishment)"
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Sudarno. "PIDANA PELAYANAN MASYARAKAT SEBAGAI ALTERNATIF BENTUK PIDANA DALAM MEWUJUDKAN PEMBARUAN HUKUM PIDANA ANAK." Paulus Law Journal 3, no. 2 (March 30, 2022): 88–101. http://dx.doi.org/10.51342/plj.v3i2.371.
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The community service punishment was important to adopt as the alternative for the punishment form in the realization of the innovation of the child punishment law in Indonesia based on the arguments of: the Conformity of the Idea of the Community Service Punishment with the Restorative Judiciary Concept, the Conformity of the Idea of the Community Service Punishment with the Theory of the Punishment individualization, the Conformity of the Idea of the Community Service Punishment with the Trend of the International World Development, and the Conformity of the Idea of the Community Service Punishment with the Aims of the Condemnation and the Development of the Child Criminals.
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Lešková, Lýdia, Lenka Haburajová Ilavská, and José García Martín. "Alternative Punishment as a Suitable Alternative to Imprisonment." Journal of Education Culture and Society 13, no. 2 (September 27, 2022): 39–54. http://dx.doi.org/10.15503/jecs2022.2.39.54.
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Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.
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Rafsanjani, Jody Imam, Rizki Bagus Prasetio, and Zaihan Harmaen Anggayudha. "Eksistensi Pidana Kerja Sosial dalam Perspektif Hukum Progresif." Jurnal Penelitian Hukum De Jure 23, no. 2 (June 30, 2023): 219. http://dx.doi.org/10.30641/dejure.2023.v23.219-230.
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The most current Indonesian Criminal Code (KUHP) contains the concept of Community Service Punishment, which is considered an effort to reform the criminal law system. Community Service Punishment, as a form of punishment in this country, requires an appropriate mechanism to achieve sentencing goals, namely the rehabilitation of convicts through participation in social activities that benefit society. This study aims to analyze the existence of Community Service Punishment to strengthen law enforcers’ understanding of it as one of the main recognized forms of punishment. By using a progressive legal perspective, this research recognizes that the law should consider the development of society and emphasizes the importance of legal reform, if necessary. This study uses a normative juridical approach and conducts qualitative analysis. Based on the results of research conducted through literature studies, it was found that the criminal justice process results in overcapacity in Correctional Facilities, which ultimately hinders the achievement of sentencing goals. Therefore, the importance of imposing Community Service Punishment is very relevant. However, to carry out Community Service Punishment effectively, an organized and systematic procedure is required. This will ensure that the implementation of Community Service Punishment aligns with the expectations and goals to be achieved. We suggest that the relevant parties take advantage of the ratification of the Criminal Code as an opportunity to renew criminal law in Indonesia by increasing the competence and coordination of the criminal justice subsystem in terms of Community Service Punishment.
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Khaydarov, Shukhratjon Jumaevich. "APPOINTMENT OF COMPULSORY COMMUNITY WORK AND DETERMINATION OF VENUE." International Journal of Advance Scientific Research 4, no. 2 (February 1, 2024): 12–19. http://dx.doi.org/10.37547/ijasr-04-02-03.
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In the article, the concept of compulsory community service defined in Article 451 of the Criminal Code of the Republic of Uzbekistan, the purpose of this punishment and the grounds for applying this punishment are mentioned. Also, in this article, in addition to the appointment of mandatory public works, the order of sitting and sitting places were scientifically analyzed, and the author gave his opinions and comments on this.
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Ash-shiddiqqi, M. Hasbi, Alhusni Alhusni, and Yudi Armansyah. "Analisis Hukum Sanksi Pidana Kerja Sosial (Community Service Order) dalam Perspektif Hukum Islam." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 19, no. 1 (July 30, 2021): 39–49. http://dx.doi.org/10.32694/qst.v19i1.846.
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Discourse on renewal of the draft law on the criminal code (RUU-KUHP) has long been discussed. One of the newest aspects studied is about criminal social work or community service orders. This idea was born because prison sentences in Indonesia have not had a positive impact on convicts. Not to mention the issue of over-capacity of prisons that caused prison chaos until the operational costs of the prison were enormous. This juridical-normative study concludes that: The social work criminal design is in accordance with the criminal law punishments. Even so far in the Criminal Code it has been known as punishment through supervision mechanisms or fines. That is, beyond the criminal sanction, there are alternatives to punishment that can be given. In contrast, in Islamic law, in fact, it is in line with the principle of criminal sanctions for social work. Where, Islam tends to avoid prison sentences. Because prisons with various patterns are more likely to have a detrimental effect on convicts than on the mashlahat side.
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Rakhimbaevich, Kuchkarov Turgun. "Basics of Imposing Punishment in the Form of Compulsory Community Service and Their Improvement." Indonesian Journal of Social Development 1, no. 4 (April 9, 2024): 11. http://dx.doi.org/10.47134/jsd.v1i4.2366.
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In this article, the author discusses the legal basis of imposing a sentence in the form of mandatory community service, the criminal law norms of this type of punishment, in particular the imposition of a lighter sentence, the imposition of a punishment when the guilty person is actually remorseful for his actions, the imposition of punishment for incomplete and complicit crimes, the commission of several crimes Aspects related to the manner in which the norms can be applied, such as the imposition of punishment for several convictions, have been thoroughly analyzed. At the same time, the author put forward his proposals for the improvement of norms related to the imposition of mandatory community service punishment and its execution.
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Et.al, Daleleer Kaur Randawar. "Community Service as an Alternative Form of Punishment under the Domestic Violence Act 1994 in Malaysia." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 10, 2021): 1147–55. http://dx.doi.org/10.17762/turcomat.v12i3.859.
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This article intends to explore the punishment meted under the law relating to domestic violence in Malaysia. The investigation extended to an analysis with the need to implement and introduce community service as a form of punishment for domestic violence offences. A comparative legal research methodology is employed in comparing the positions in Malaysia and certain selected jurisdiction. It is expected that the findings of this paper will look into the need to introduce and implement community service as a form of punishment which will optimisticallyencourage repentance by the offender and preserve the sanctity of marriage. Community service as a form of punishment will be a great intervention that will more likely emphasize the responsibility of the wrongdoer in healing a family relationship. The article seeks to suggest legislative reforms which will involve a comparative study of other comparable jurisdictions.
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Lepina, T. G. "PECULIARITIES OF PENALTIES TO MINORs RELATED TO the LABOR ACTIVITY." Proceedings of the Southwest State University 21, no. 1 (February 28, 2017): 184–90. http://dx.doi.org/10.21869/2223-1560-2017-21-1-184-190.
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The article deals with the institution of compulsory work applied to minors, because at present this type of punishment attracts attention of scientists and practitioners. The advantage is that teenagers who commit crimes, which are of no great public danger, have a real opportunity to improve in case they are isolated from the society. However, there are also problems of applying punishment in the form of compulsory community service work to minors. The analysis of the norms of the criminal and labor law in the part of regulating the procedure for appointing the specified punishment in relation to minors was carried out. Some interdisciplinary mismatches in this area have been identified, and possible solutions have been proposed. The question of expediency of using deductions in the amount of 5 to 20% of wages is analyzed. The opinions of both supporters and opponents of such measures are given. Some researchers believe that this provision of the law does not correspond to the principles of humanism, the differentiation of criminal responsibility and punishment. They suggest setting a maximum retention threshold of 10%. Scientists also discuss duration of this measure of punishment. In addition, the author draws attention to the problem of applying compulsory community service work to minors who study at school or institution of higher education. The paper highlights the problem of changing the punishment in case of malicious evasion of compulsory or corrective service work. At present, they can be replaced only by imprisonment. However, part 6 of Art. 88 of the Criminal Code establishes a ban on the appointment of liberty deprivation to a minor convicted person who committed a crime of small or medium gravity for the first time at the age of sixteen, as well as to other juvenile convicts who committed crimes of minor gravity for the first time. Therefore, it is not always possible to replace the corresponding punishments for imprisonment even if a teenager refuses to perform compulsory or corrective service.
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Sadchikova, Dina. "Modern Community Service: an Analogue of Soviet Labor Punishment or an Alternative to Imprisonment?" Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2022, no. 1 (February 21, 2022): 55–63. http://dx.doi.org/10.21603/2542-1840-2022-6-1-55-63.
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The contemporary Russian community service is a criminal punishment of a very contradictory nature. Therefore, its legal regulation requires special scientific attention in the historical context. This research featured a theoretical and legal understanding of the essence of modern community service through the prism of its Soviet prototypes. It involved comparative-legal, historical, and dialectical methods. The author performed a comparative analysis of community service, corrective labor, and probation in the USSR. The article gives a detailed description of criminal law regulation and a statistical analysis of community service at different stages of the Soviet Union. The Soviet legal reality appeared to have shaped the regulation, content, and procedure of community service in the USSR. The author proved the effect of the Soviet economic needs on this type of punishment. However, the contemporary Russian community service is rather unique and hardly inherited any features of its Soviet prototypes. The obtained conclusions can serve as foundation for further research on the theoretical concepts of community service.
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Supernor, Hannah. "Community service and white-collar offenders." Journal of Financial Crime 24, no. 1 (January 3, 2017): 148–56. http://dx.doi.org/10.1108/jfc-04-2016-0023.
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Purpose The purpose of this paper is to find out who in the white-collar offender field, specifically health-care professionals, is getting community service as a punishment and to lead the way for further research on community service as a legal sanction. Design/methodology/approach This study collected its sample using Medicaid Fraud Reports from the National Association of Medicaid Fraud Control Units for 2009-2014. In total, 200 reports were used; 100 with community service given as a legal sanction, and 100 without. All the information was then coded by a set of criteria and put into an SPSS Statistics file for analysis. Findings The findings showed that there was no significant relationship between gender and any of the main legal sanctions looked for in the Medicaid Fraud Reports, except for community service. Community service also had a significant relationship with those offenders who committed physical crimes rather than financial crimes. Last, women were given less severe sanctions on average for all of the major sanctions given. Research limitations/implications One of the implications found was that a lot more women were given community service than men. This could be because women are considered homemakers for families, and the court systems do not want to punish a woman in a way that would take her away from her family. It could also be because the court system does not see a reason to punish women as harshly as it may be felt that a woman will learn her lesson with any punishment. Originality/value There is very little research done on community service as a sanction. This research helps bring that to light.
Dissertations / Theses on the topic "Community service (Punishment)"
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Alameri, Khaled. "Implementing community service sanctions in the United Arab Emirates : the perspectives of Abu Dhabi criminal justice professionals." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=202073.
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This research has explored the attitudes of Abu Dhabi criminal justice professionals about the possibility of implementing Community Service Sanctions (CSS) in The United Arab Emirates (UAE). The study has examined three main areas including: Abu Dhabi criminal justice professionals’ perspectives about implementing CSS in the UAE; the crimes which CSS can be applied on and the affects that CSS can have on the United Arab Emirates (UAE) penal system. In order to achieve the study objectives and answer the study questions, an explorative approach was taken. The methodology was mixed of quantitative and qualitative approaches, including: questionnaires and interviews and focus group discussions. Questionnaires were distributed to six of Abu Dhabi police Departments. Interviews were conducted with 20 of Abu Dhabi police officers holding senior positions in order to have their views on the study themes. And focus group discussions were held with judges, prosecutors, police officers and social workers. Furthermore, the study also examined the FPC and concluded that it needs some changes with regards to the implementation of some of its articles. The study shows that there are some elements of CSS within the FPC which do not seem to be implemented. The study also suggests that the FPC need to be revised regularly in order to implement or amend measures available. The study also shows that Abu Dhabi criminal justice system professionals generally support the implementation of CSS in the UAE.
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Roberts, Darrin David. "Characteristics of Community Service Programs and Probationers in Texas." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3219/.
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As a criminal sanction, community service involves unpaid labor on the part of convicted criminal offenders. Community service was created as an alternative to incarceration for low-level offenders. It now appears, however, that community service is rarely used as a true alternative to prison, but rather as an added condition of probation. The body of research on community service in the United States is modest, so relatively little is known about its characteristics and administration. Data were attained from 88 Texas probation professionals via self-administered written surveys in an effort to gather information about the use of community service as a criminal sanction in Texas. Frequency distribution analyses identified characteristics of both community service programs and offender participants in Texas.
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Birungi, Charles. "Community service in Uganda as an alternative to imprisonment: a case study of Masaka and Mukono districts." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Community service as an alternative to imprisonment at its inception was taken up very strongly by the judiciary as part of the reform of the criminal justice system in Uganda. The successful enactment of the Community Service Act, Act no: 5/2000, was an achievement towards the implementation of the programme in the country. However, its implementation as an alternative sentence is currently proceeding at a slow pace. The Ugandan law still allows courts to exercise their discretionary powers with regard to either using prison sentences or community service. Courts still seem to prefer to use imprisonment irrespective of the nature of the offence, thus leading to unwarranted government expenditure and prison overcrowding. An additional problem is that some offenders come out of prison having been negatively affected by their interaction with even more serious offenders. This study was undertaken to establish whether community service as an alternative to imprisonment can be effective with regard to reducing recidivism and to accelerating reconciliation and reintegration of minor offenders back into their communities.
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Wan, Shing-ying. "Volunteering experience of juvenile delinquents : a case study /." Hong Kong : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B19470836.
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Карнаух, Ю. М. "Особливості виконання кримінального покарання у виді громадських робіт органом пробації." Thesis, Чернігів, 2021. http://ir.stu.cn.ua/123456789/25227.
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Карнаух, Ю. М. Особливості виконання кримінального покарання у виді громадських робіт органом пробації : випускна кваліфікаційна робота : 081 «Право» / Ю. М. Карнаух ; керівник роботи О. В. Селецький ; НУ "Чернігівська політехніка", кафедра кримінального права та правосуддя . – Чернігів, 2021. – 98 с.Для України на сьогодні однією із основних проблем є протидія злочинності як складному соціальному явищу. Велике значення для покращення криміногенної ситуації має позиція, яку наша держава займає у напрямку реалізації кримінальних покарань. Очевидною стала необхідність більш широкого застосування покарань без ізоляції засудженого від суспільства, оскільки та кількість громадян, які утримуються в місцях позбавлення волі, обтяжує бюджет держави, стримує вирішення низки задач соціального характеру, сприяє поширенню традицій кримінальної сфери серед пересічних громадян. Сьогодні інститут покарання розвивається в напрямі застосування санкцій, не пов’язаних з ізоляцією від суспільства. Окреме місце серед таких видів покарань посідають громадські роботи, які вдало поєднують каральний, профілактичний і виховний вплив. Тому актуальним стає дослідження проблемних питань, пов’язаних із цим видом кримінального покарання, а також необхідність конкретизації на законодавчому рівні переліку видів робіт, які визначені як суспільно корисні й виконуються засудженими до цього виду покарань особами. У Розділі 1 автором проведено аналіз теоретичних аспектів кримінального покарання у виді громадських робіт. У Розділі 2 досліджуються організаційно-правові основи виконання покарання у виді громадських робіт органом пробації. Розділ 3 присвячений вивченню кримінально-виконавчих засобів забезпечення виконання покарання у виді громадських робіт органом пробації. Наукова новизна кваліфікаційної роботи полягає в комплексному дослідженні особливостей виконання кримінального покарання у виді громадських робіт уповноваженим органом з питань пробації, виявленні недоліків і врахуванні основних положень для удосконалення сучасного законодавства. Запропоновано викласти статтю 37 Кримінально-виконавчого кодексу України в новій редакції.
For Ukraine today, one of the main problems is combating crime as a complex social phenomenon. The position of our state in the implementation of criminal penalties is of great importance for the improvement of the criminogenic situation. The need for wider application of punishments without isolation of the convict from society became obvious, as the number of citizens detained in prisons burdens the state budget, hinders the solution of a number of social problems, promotes the spread of criminal traditions among ordinary citizens. Today, the institution of punishment is evolving towards the application of sanctions not related to isolation from society. A special place among these types of punishment is occupied by public works, which successfully combine punitive, preventive and educational influence. Therefore, the study of problematic issues related to this type of criminal punishment becomes relevant, as well as the need to specify at the legislative level the list of types of work that are defined as socially useful and performed by persons sentenced to this type of punishment. In Section 1, the author analyzes the theoretical aspects of criminal punishment in the form of community service. Section 2 examines the organizational and legal basis for the execution of punishment in the form of community service by the probation body. Section 3 is devoted to the study of penitentiary means of ensuring the execution of punishment in the form of community service by the probation body. The scientific novelty of the qualification work is a comprehensive study of the peculiarities of the execution of criminal punishment in the form of community service by the authorized body for probation, identification of shortcomings and taking into account the main provisions for improving modern legislation. It is proposed to present Article 37 of the Criminal-Executive Code of Ukraine in a new wording.
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Johansson, Andreas, and Lina Santi. "Ungdomstjänst : I ungdomens eller samhällets tjänst?" Thesis, Stockholm University, Department of Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-42286.
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The purpose with this essay has been to describe and understand why youth community service became a penalty in Sweden. The political discourse in which youth community service was established has been analyzed with Laclau & Mouffe´s discourse theory. A social constructivist onset and a discourse analysis were the methodological tools of the essay. The result is two folded. Youth community service was created to strengthen the constitutional state, combined with high beliefs of the social services competence. Furthermore the images of the youth offenders had an impact on the argumentation, as well as an ambition to keep the youths outside of the correctional treatment system. The evaluation ten years later showed good results from the new penalty, and wanted to increase the legal security for the youth offenders by making youth community service prescribed by law. The content as well as the intended group the penalty was designed for, has been changed a lot since 1997 when the idea was born.
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Fullin, Carmen Silvia. "Quando o negócio é punir: uma análise etnográfica dos juizados especiais criminais e suas sanções." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/8/8134/tde-29062012-134149/.
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Em diálogo com o contexto nacional e internacional de encarceramento em massa e de crise do sistema de justiça penal, os Juizados Especiais Criminais (Jecrims) surgem no Brasil com a dupla tarefa de em um contexto de redemocratização reduzir a complexidade no processamento de conflitos de pequena gravidade, sem deixar de puni-los ainda que levemente. Caracterizados por procedimentos de intervenção mais horizontalizados e flexíveis nos quais se estabelece, em tese, uma troca de interesses entre a justiça penal e as partes em conflito, em favor de uma resposta rápida para a vítima e menos dolorosa para o infrator, esse modo de fazer justiça tem sido chamado de justiça negocial. A partir da etnografia dos Juizados Especiais Criminais de São Bernardo do Campo, a pesquisa buscou compreender os sentidos de punição mobilizados nessas situações de negociação. Constatou-se que essas situações são influenciadas por processos de afirmação de identidades profissionais no campo da justiça, sobretudo a do promotor cujo protagonismo nessas cortes lhes confere uma dinâmica centrada na punição do infrator em detrimento da mediação do conflito. A abordagem etnográfica das audiências também permitiu verificar a predominância de um sistema de atribuição de sanções fortemente marcado por estratégias gestionárias, mas também por finalidades clássicas da pena. Nesse jogo de influências predominam sanções de cunho monetário e a tímida recorrência do trabalho comunitário como forma de punição. Com o intuito de melhor compreender as razões dessa timidez, a pesquisa teve um segundo momento etnográfico dedicado à Central de Penas e Medidas Alternativas de São Bernardo do Campo. Lá foi possível verificar que a reticência em relação a essa modalidade punitiva relaciona-se aos desafios de tornar o serviço comunitário obrigatório uma punição credível para promotores e juízes. Desse modo, conclui-se que o sistema de sanções mobilizado na justiça negocial, uma justiça em princípio alternativa, guarda, mesmo que de maneira leve, uma tradicional semântica do sofrimento.In dialogue with the national and international contexts of mass imprisonment and criminal justice systems crisis, the Juizados Especiais Criminais (Special Criminal Courts) emerge in Brazil with two scopes: reducing the complexity of minor crimes procedure without stop punishing minor crime even in a soft way. By using horizontal and flexible intervention procedures in which it creates, theoretically, an exchange of interests between criminal justice and conflict parts, favoring a quickly and less painful answer for both parts, this kind of doing justice has been called by bargaining justice. Through ethnography of the Special Criminal Courts of Sao Bernardo do Campo, the research aimed to understand the meanings of punishment mobilized on these bargaining situations. The research revealed that these situations are influenced by the process of affirmation of professional identities in the justice field, especially the prosecutor\'s identity which leadership in these special courts creates a particular dynamic centered on the criminal punishment and not on the conflict mediation. The ethnographic approach of the special courts hearings also made possible verifying the predominance of a system of sanctions attribution characterized substantially by management strategies and also by classical theories of punishment. In this influence play, the forms of punishment that prevail are mainly monetary sanctions and only barely community service. To understand the reasons for the lack of community service application, the research had a second ethnographic moment at the Center of Alternative Punishments and Measures of Sao Bernardo do Campo. Thus, it was possible to verify that the lack of confidence about this kind of punishment is related to the challenges of making the community service mandatory, a reliable punishment for prosecutors and judges. The dissertation concludes that the sanction system mobilized in the bargaining justice, theoretically an alternative justice, keeps a traditional semantic of suffering even in a soft way.
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Gurtner, Skye. "An analysis of the appropriateness of community-based orders for women appearing in the Brisbane Magistrates Court 1998-1999." Thesis, Queensland University of Technology, 2002. https://eprints.qut.edu.au/36904/1/36904_Gurtner_2002.pdf.
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Whilst community-based programs can offer credible sentencing alternatives to imprisonment, it is of critical importance that these community-based corrections programs are truly diversionary. Community-based orders, whilst addressing their offending behaviour, also need to cater for the needs and unique circumstances of women. This research paper analyses the appropriateness of community-based orders for women, drawing upon principles of substantive equality. Substantive equality is based on the notion that equality will be achieved by ensurif')g the impact of laws is fair. It is not only necessary to merely create equality of access and opportunity but to ensure equality of result. Thus, women should be given the opportunity to successfully complete CommunityBased Orders when they may not have previously been given the opportunity to do so due to the unique circumstances specific to women, like pregnancy. This means that, different treatment may be required to achieve real fairness in outcome. As part of this analysis, community-correctional officers and magistrates are approached to garner their views and perceptions of women on community-based orders, including difficulties in sentencing and experiences whilst on community-based orders. This thesis concludes with some recommendations to address the difficulties women experience in completing a community-based order to ensure equality of result, not just equality of opportunity are explored.
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Považan, Miroslav. "Trest obecně prospěšných prací a jeho výkon." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-388935.
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Punishment of community service and its performance Abstract The aim of this thesis is to describe a current legilation on punishment of community service and thanks to it's desription together with the statistical data about this punishment from years 2013 to 2017 define problems that have a negative impact on its functioning. Other methods to reach this goal are comparison with the legislation in different european countries, focusing on activity of Probation and mediation service of the Czech Republic and overview of czech case law, which was defining for a current understanding of this punishment. First part of this thesis icludes definitions of key concepts that are necessary for understanding on how this punishment works and what it is based on. Second part of this thesis includes overview of the czech legislation related to punishment of community service and its performance and also an overview on how this legislation works in actual fact. Professional literature, opinions of judges, district attorneys and probation officers as well as my own notices were used to decribe its actual works on day to day basis. Third part of this thesis is showing statistical data about this punishment that comes from Probation a mediation service of the Czech Republic. These statistical data shows the number of files...
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Vitásková, Lenka. "Trest obecně prospěšných prací a jeho výkon." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-298128.
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The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
Books on the topic "Community service (Punishment)"
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New Zealand. Community Corrections Division. Community service review report. Wellington, N.Z: Community Corrections Division, Dept. of Justice, 1993.
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Kilcommins, Shane. The introduction of community service orders: An historical interpretation. Chichester: Barry Rose Law Publishers, 2002.
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Uribe, George. A review of the community service work program. [Raleigh, N.C.]: Division of Victim and Justice Services, 1992.
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García, José Angel Brandariz. El trabajo en beneficio de la comunidad como sanción penal. Valencia: Tirant lo Blanch, 2002.
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Nyed Alves Ferreira de Oliveira. Segunda chance: Prestação de serviços a comunidade, uma alternativa para o jovem infrator no município do Rio de Janeiro. Rio de Janeiro: Amais, 1993.
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Regina, Müller Vera, and Associação dos Juízes do Rio Grande do Sul., eds. Prestação de serviços à comunidade: Projeto brasileiro, a experiência no exterior. Porto Alegre: Associação dos Juízes do Rio Grande do Sul, 1985.
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Mozhova, V. A. Hromadsʹki roboty i︠a︡k vyd pokaranni︠a︡: Teorii︠a︡ i praktyka : monohrafii︠a︡. Kyiv: VD "Dakor", 2014.
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I︠A︡khshibeki︠a︡n, Ė. N. Ėffektivnostʹ ispolnenii︠a︡, otbyvanii︠a︡ nakazanii︠a︡ v vide obi︠a︡zatelʹnykh rabot: Monografii︠a︡. Moskva: MGI︠U︡U imeni O.E. Kutafina, 2013.
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Feuerhelm, Wolfgang. Stellung und Ausgestaltung der gemeinnützigen Arbeit im Strafrecht: Historische, dogmatische und systematische Aspekte einer ambulanten Sanktion. Wiesbaden: Eigenverlag Kriminologische Zentralstelle, 1997.
Find full textBook chapters on the topic "Community service (Punishment)"
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Morris, Norval, and Michael Tonry. "Community Service Orders." In Between Prison and Probation, 150–75. Oxford University PressNew York, NY, 1990. http://dx.doi.org/10.1093/oso/9780195061086.003.0006.
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Abstract The prison is a punishment exacted against freedom of movement and association; the fine is a punishment exacted against money and what money can buy; the community service order is a punishment exacted against time and energy. Some see the community service order as a fine on time. The Thirteenth Amendment to the Constitution provides, in Section 1:‘Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States’. Not until 1966 was the invitation embedded in the exception clause of this amendment given any force.
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"Demanding but not degrading? The appeal of community service." In Punishment in the Community, 96–106. Routledge, 2014. http://dx.doi.org/10.4324/9781315841731-16.
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Easton, Susan, and Christine Piper. "Punishment and rehabilitation in the community." In Sentencing and Punishment, 357—C10.P224. 5th ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192863294.003.0010.
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Abstract This chapter reviews the main options available to the sentencing court which do not entail immediate custody. It therefore deals with community orders as well as suspended prison sentences (see Chapter 7, section 7.5 for financial penalties). It discusses the tensions between imposing proportionate punishment and delivering rehabilitation programmes. It examines the policy aim of reducing reoffending through specifying in court orders requirements to control and rehabilitate the offender in the community, and discusses the theory and practice of rehabilitation that underpins these initiatives. However, because punishment and rehabilitation also take place in the community for those released from prison, this chapter examines supervision for prisoners released on licence. The chapter, therefore, covers the policy changes in relation to the work and remit of the Probation Service.
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Morris, Norval, and Michael Tonry. "Fines." In Between Prison and Probation, 111–49. Oxford University PressNew York, NY, 1990. http://dx.doi.org/10.1093/oso/9780195061086.003.0005.
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Abstract Why fines first? Why not probation and its more recent intensive and restrictive forms allied to electronic developments? Why not community service orders and their promise of more effective punishment to the advantage of victim, offender, and community alike? They would certainly be more usual choices; but in our view the choice of the fine as the lead intermediate punishment, within our definition of that phrase, takes us swiftly to the heart of the problem of such punishments in the sentencing systems of this country.
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Morris, Norval, and Michael Tonry. "Toward a Comprehensive Punishment System." In Between Prison and Probation, 9–34. Oxford University PressNew York, NY, 1990. http://dx.doi.org/10.1093/oso/9780195061086.003.0002.
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Abstract When this book is published, there will be more than 1,000,000 Americans aged 18 and over in prison and jail, and more than 2,500,000 on parole or probation. If one adds those on bail or released awaiting trial or appeal and those serving other punishments such as community service orders, the grand total under the control of the criminal justice system exceeds four million, nearly 2 percent of the nation’s adult population.
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Case, Steve, Phil Johnson, David Manlow, Roger Smith, and Kate Williams. "30. Alternatives to punishment." In The Oxford Textbook on Criminology, 895–927. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198835837.003.0030.
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This chapter evaluates the alternative means of responding to offenders and their crimes which have emerged in criminal justice and have been gaining wider recognition. Those who favour innovations of this kind tend to reject conventional assumptions and approaches, proposing new principles for the operation of the justice system. The chapter considers two distinct but similar challenges to conventional models of justice which have developed from this viewpoint: restorative justice and diversion. Restorative justice is based on the presumption that dealing with crime is a process rather than a single act or decision, that it involves collaboration between those with a stake in the offence, and that it emphasises healing as well as ‘putting things right’. Diversionary interventions, which can include community service, restitution, and education, as well as elements of restorative practice, provide an opportunity for the offender to avoid criminal charges or formal judicial processes, albeit sometimes by meeting certain conditional requirements.
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Windlesham, Lord. "Community Penalties: Enforcement and Structural Change." In Responses to Crime, 233–74. Oxford University PressOxford, 2001. http://dx.doi.org/10.1093/oso/9780198298441.003.0008.
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Abstract No better example can be found in the Parliament elected in 1997 of the interaction between the Government’s promotional and managerial imperatives than its policies towards community penalties. Ministers became convinced that the public perception of non-custodial penalties for persons convicted of less serious criminal offences was generally one of undue lenience. As the enforcement agency, the Probation Service was seen as being oriented more towards rehabilitating offenders in the community than towards ensuring punishment for their misdeeds and protecting potential victims from further offending. Enforcement, especially in the context of returning offenders to court for breaching the terms of their orders, was criticized as being deficient: characteristically too reluctant and too slow, with wide variations in different parts of the country.
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Russo, Ann. "Shifting Paradigms to End Violence." In Feminist Accountability, 85–109. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9780814777169.003.0005.
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This chapter explores feminist-of-color led efforts to shift the feminist-informed and institutionalized approach to sexual and intimate violence that is now practiced in social service and legal advocacy agencies, with an exclusive reliance on the criminal legal system as a method of accountability for the perpetuation of violence. Since the early 2000s, the critical engagement of this institutionalization gained momentum with the innovative approaches of community accountability and transformative justice that (re)politicize feminist work to end violence. In this chapter, I illustrate how community accountability and transformative justice approaches shift the focus and direction of antiviolence efforts from social services and legal advocacy to community-based movement building, from viewing violence as a problem of individual conflict to one rooted in systems of oppression, from agency expertise to community-based knowledge and leadership, and from punishment to accountability. In the chapter, I draw from the work of many scholars, community organizers, and activists as well as projects and organizations.
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Cate, Sarah D. "Privatizing Punishment." In The Myth of the Community Fix, 76–111. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197674284.003.0004.
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Abstract Chapter 3 shows how the community-based reform movement contributes to increased privatization in the juvenile justice system. The MacArthur Foundation and Annie E. Casey Foundation are central leaders in juvenile justice policy today, controlling research, grants, and policy proposals that have coalesced around technocratic, pro-privatization approaches to reform under the mantle of the community-based reform movement. This chapter demonstrates how foundations have facilitated the antidemocratic privatization of the policymaking process, with little input from those most effected. These foundations have also encouraged substantial increases in the privatization of secure detention and other programs and services of the juvenile justice system. Privatization has introduced more juvenile justice stakeholders with interests that often run contrary to downsizing the reach of the carceral state or investing in public institutions and oversight necessary to ensure more equitable and safer outcomes for youth.
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Windlesham, Lord. "Law-Making: Politics and Structure." In Responses to Crime, 1–44. Oxford University PressOxford, 1993. http://dx.doi.org/10.1093/oso/9780198254164.003.0001.
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Abstract Between 1948 and 1991 Parliament passed eight substantive Criminal Justice Acts for England and Wales, one Criminal Law Act which was close enough in content to the specifically criminal justice legislation to be similarly classified, four Scottish Criminal Justice Acts, and several acts dealing with criminal justice administration, international co-operation, and minor matters requiring legislation. Details are shown in Tables 1 and 2. The result of this legislative output has been the creation of a statutory framework for the administration of criminal justice and the sentencing and treatment of offenders. In the main the structure is permissive; with some exceptions, setting limits on what can be done rather than laying down by law what must be done. Successive acts have altered the shape of the structure; either by adding bits on (parole, community service orders, compensation orders, contract prisons), or, less often, by taking bits off (corporal punishment, detention centres, partly suspended sentences, the remand of juveniles to prison).
Conference papers on the topic "Community service (Punishment)"
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Arsikj, Davor, and Marjan Nikolovski. "FOREIGN TERRORIST FIGHTERS FROM THE MIDDLE EAST AND THEIR RELATIONSHIP WITH RADICALIZATION, VIOLENT EXTREMISM AND TERRORISM." In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.6.22.p16.
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Foreign terrorist fighters pose an asymmetric security threat and their return to the Republic of North Macedonia is a problem which the security services and the society as a whole face. In the last decade, a large number of foreign terrorist fighters have returned to their homes from the battlefields in Syria and Iraq, and the country has intervened with law amendments to the Criminal Code of 2014 to allow foreign terrorist fighters to be prosecuted and sentenced to appropriate punishments. Foreign terrorist fighters are closely related to violent extremism and radicalization, which in some cases can lead to terrorism. A radicalized foreign fighter who has returned home can spread the idea of radicalization and be an instigator for committing criminal activity - terrorism. The processes of deradicalization and resocialization are crucial for dealing with this phenomenon, considering that young people are susceptible to the influence of violent extremism and are a fertile soil for initial radicalization. The experiences of the neighboring countries have been developed in terms of how they deal with and how they prevent these negative phenomena in the community, related to foreign terrorist fighters. Foreign terrorist fighters can also carry out terrorist attacks through their involvement in violent extremism and radicalization. This is confirmed by several terrorist attacks that have taken place in the recent years in Europe, carried out by foreign terrorist fighters who are more radicalized and with significant combat experience. Keywords: foreign terrorist fighters, violent extremism, radicalization, terrorism, security threat
Reports on the topic "Community service (Punishment)"
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van den Boogaard, Vanessa, and Fabrizio Santoro. Explaining Informal Taxation and Revenue Generation: Evidence from south-central Somalia. Institute of Development Studies, March 2021. http://dx.doi.org/10.19088/ictd.2021.003.
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Most people in low-income countries contribute substantially to the financing of local public goods through informal revenue generation (IRG). However, very little is known about how IRG works in practice. We produce novel evidence on the magnitude and regressivity of IRG and its relationship with the state in a fragile context, Somalia. We rely on original data from surveys with over 2,300 households and 117 community leaders in Gedo region, as well as on extensive qualitative research. We first show that IRG is prevalent. Over 70 per cent of households report paying at least one informal tax or fee in the previous year, representing on average 9.5 per cent of annual income. We also find that, among households that contribute, poorer ones contribute larger amounts than richer ones, with higher incidence in relation to their income. Further, in line with theory and expectations, informal payments have inequitable community-level effects, with individuals in wealthier communities making more informal payments than in poorer ones and, correspondingly, having access to a greater number of public goods. We then consider four explanations for the prevalence of IRG. First, IRG clearly fills gaps left by weak state capacity. Relatedly, we show that IRG can bolster perceptions and legitimacy of the state, indicating that sub-national governments may actually benefit from informal taxation. Second, informal taxing authorities are more effective tax collectors than the state, with informal taxing authorities having greater legitimacy and taxpayers perceiving informal payments to be fairer than those levied by the state. Third, dispelling the possibility that informal payments should be classified as user fees, taxpayers overwhelmingly expect nothing in return for their contributions. Fourth, in contrast to hypotheses that informal payments may be voluntary, taxpayers associate informal payments with punishment and informal institutions of enforcement. Our research reinforces the importance of IRG to public goods provision in weak formal institutional contexts, to everyday citizens, and to policymakers attempting to extend the influence of the federal state in south-central Somalia. Foremost, informal tax institutions need to be incorporated within analyses of taxation, service delivery, social protection, and equity. At the same time, our findings of the complementary nature of IRG and district-level governance and of the relative efficiency of revenue generation by local leaders have important implications for understanding statebuilding processes from below. Indeed, our findings suggest that governments may have little incentive to extend their taxing authority in some fragile contexts.