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Dissertations / Theses on the topic 'Community service (Punishment)'

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1

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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2

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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3

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&amp.

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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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4

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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5

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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6

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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7

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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8

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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9

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...
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Soukupová, Zlata. "Alternativní tresty odnětí svobody a jejich komparace v rámci Evropské unie." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-304183.

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The main aim of my thesis is to develop an analysis of current legislation governing alternative sentences, their possibilities and limits comparing it with other European Union countries. The thesis also examines the proposals de lege ferenda that could be used as a benchmark and a guide for future amendments to the current regulation. The notion of alternative sentencing became a global trend in the last two to three decades; this is the result of, inter alia, of continuous increase in the number of inmates, prison overcrowding and congestion of the judicial apparatus. Crescent crime and new forms of crime (especially economic) hit the Czech Republic as a former socialist country in the post-revolutionary times, very assertive. The results of studies and language experts warn against lax approach in the form of increased storage imprisonment and criminal policy tightening. There is also talk about crisis imprisonment. It is clear that an unconditional sentence of imprisonment has its benefits, such as preventive effect, in my opinion, however, the left especially serious crime offenders and recidivist behavior: "Nesit summum malum dolor, malum certe est." Instead of intramural prison environment with significant social and deviant subculture find great potential in alternative prison sentences, which are...
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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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Singh, Shanta. "Community based sentences : an alternative to short-term imprisonment." Thesis, 2002. http://hdl.handle.net/10500/850.

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Chárová, Adéla. "Trest obecně prospěšných prací a jeho výkon." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-397086.

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Punishment of community service and its performance Abstract The diploma thesis deals with basic aspects of community service in terms of Czech and foreign legal regulation, it deals with its development in time, statistical data, special regulation of criminal measures of publicly beneficial works imposed on juveniles and problematic aspects of existing legal regulation. The aim of the thesis is to define the status of the punishment of community service in the system of domestic and foreign law, to provide detailed information on the substantive and procedural law contained in the Criminal Code, Criminal Procedure Code and other supporting acts, to deal with problematic aspects and to mediate opinion of public, judges and probation officers. In cooperation with the probation officer and with the providers of community service I summarized the basic problematic aspects of the community service and considered their possible solution, which I summarize in the individual chapters. In terms of used methods the thesis uses a legal-analytical, legal-comparative, legal- descriptive approach, query model and statistical models. In addition to the introduction and conclusion, the thesis is divided into eleven chapters, which are further subdivided into subchapters. In the first two chapters I deal with terminology,...
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Egerová, Radka. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-342467.

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The Master's thesis deals with alternatives to unconditional sentence of imprisonment, the main attention is given to alternative punishments in the strict sense, primarily to conditional sentence of imprisonment, conditional sentence of imprisonment with supervision, community service orders, pecuniary punishment and house-arrest. The study consists of introduction, 8 chapters and conclusion and discusses essential principles and bases of alternative punishments and also analyses substantive and procedural legislation of each alternative punishments in Czech Republic and draws attention to their positives and negatives. The first chapter explains the term "punishment" and describes the basic features of the absolute and the relative theories of punishment and also the purpose of punishment. In the last subchapter the study looks at basic principles that are applied for imposing sentences. Chapter Two and Chapter Three deal with conception of restorative justice that brought a new view to punishing of offenders and which is a starting point for issues of Probation and Mediation. Chapter Three explores the activities of Probation and Mediation Service in Czech Republic as an institution which is also entrusted the power of probation and mediation in the area of criminal law, but not only in this...
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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 Afrikaans
In 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 In this dis se rL:i ti on the rPsea t·che r n nde rt.a kes a t heo ret ica l and philosophical study within a penological perspective in order to investigate correctional supPrvision as an alternative form of punishment. Knowledge and insight obtained in this way can be applied to promote this system in Sout_h Africa. The thesis is divided into an introduction relating to the methodology and the academic responsibility of the study area of penology, the rasionale for an alternative form of short term imprisonment, the historical backgro11nSociology
M.A. (Penology)
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TURKOVÁ, Petra. "Postoje odborné a laické veřejnosti k institutu alternativních trestů." Master's thesis, 2007. http://www.nusl.cz/ntk/nusl-46456.

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Globally, the turn of the 20th and 21st centuries has been a period of major reforms in criminal law which are connected with the effort to find new methods to deal with crime and to replace or at least complement some inflexible procedures in administration of criminal cases. More and more attention is being paid to alternative proceedings before the court and alternative punishments in criminal cases. The Czech Republic has not fallen behind in the developments. My work seeks to map the options of alternative punishments, with a focus on community service. My work also deals with the legal framework for punishments in form of community service in selected countries. I will also mention the institute of Probation and Mediation Service. The work also points to the prepared amendment to the Criminal Code in connection with community service punishments. The research in my work is divided into two parts. The first part is a quantitative survey of opinions of the general public and the other part is a qualitative survey of opinions of professionals, such as judges, policemen and officers of the Probation and Mediation Service. The main objective of the work is to learn about the general public attitudes to and awareness of application and implementation of alternative punishments. I tried to find out which punishments would be preferred by the general public. Another objective of this work has been to survey opinions of professionals in respect to application and implementation of alternative punishments. In the first survey three of my hypotheses have been confirmed and two have been disconfirmed. Based on results of the secod part of the survey I have devised three hypotheses. The results of my work have shown that although the general public has a certain level of awareness of the issue, the knowledge is very superficial. The general public has demonstrated a significant degree of tolerance and benevolence to persons with alternative punishments. Professionals mostly approve the existing legal framework for the alternative punishments. They find the definition of these punishments in the Criminal Code adequate and they believe that alternative punishments have been used sufficiently. The work will serve as a general overview of the issue.
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Hrbková, Miluše. "Alternativní tresty." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-300501.

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My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
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Hrušáková, Denisa. "Alternativy nepodmíněného trestu odnětí svobody." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-325222.

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This thesis discusses the alternatives to unsuspected sentence of imprisonment, as only they can in the long run solve an acute and currently very topical problem of the prison overcrowding. The aim of this thesis was firstly the theoretical definition of alternatives to unsuspected sentence of imprisonment with regard to the Czech legislation and, secondly, an analysis of alternatives that Czech law provides. The introductory part focuses on the importance of alternative punishments in the system of sanctioning institutions. The thesis is divided into two main chapters with regard to the two objectives it focuses on. The first chapter, dealing with the definition of "alternatives to unconditional sentence of imprisonment", is divided into four subchapters. The first subchapter, on the background of the current concept of alternatives available in the Czech doctrinal environment, seeks a theoretical definition through the criteria on the basis of which it is possible to consider a specific institute as such an alternative. The second subchapter explains the preference for alternatives to unsuspended sentence of imprisonment. The third subchapter is devoted to the development of Czech criminal policy towards alternative punishments. Subsequently, in the fourth subchapter, the author explains contemporary...
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20

Apotheloz, Caroline. "La dérive des travaux communautaires/bénévoles au Québec : échec d’une alternative... ou alternative à un échec." Thèse, 2012. http://hdl.handle.net/1866/9744.

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Les travaux communautaires sont de manière générale un travail exécuté sans rémunération par un contrevenant pour le compte de la société. Dans ce mémoire, nous cherchons d’une part à appréhender la perception qu’ont les acteurs de la réalisation des travaux communautaires au Québec et d’autre part à savoir si les acteurs judiciaires (avocats, procureurs et juges) et non judiciaires (intervenants des organismes de justice alternative, délégués à la jeunesse et organismes d’accueil) ainsi que les jeunes contrevenants donnent un sens réparateur aux travaux communautaires. Nous abordons ces questions à partir de deux schèmes : le schème fonctionnel pour comprendre la/les fonction(s) des travaux communautaires et le schème herméneutique afin de saisir la valeur symbolique, le sens qui est donné aux travaux communautaires. Les résultats de cette étude montrent des variations entre les points de vue en fonction des différents groupes et cela autour des trois grands thèmes principaux : la nature des travaux, les objectifs des travaux et les effets de ces derniers. Malgré certaines divergences de points de vue et quelques difficultés dans l’application des travaux, les acteurs sont pour la plupart satisfait de cette mesure.
Community work services are usually unpaid work performed by an offender in the interest of the society. In this paper, we seek both to understand the perceptions of actors carrying out the community work services in Quebec and secondly whether legal actors (lawyers, prosecutors and judges) and non-judicial (alternative justice agencies, youth workers and host organizations) and young offenders do give a restorative aspect to community work services. We address these questions using two schemes: the functional scheme to understand the function(s) of community work services and the hermeneutic scheme to capture the symbolic value, the meaning that is given to community work. The results of this study show variations between the points of view of the different groups and that, around three main themes: the nature of community work, community work objectives and effects of the latter. Despite some differences of views and some difficulties in the implementation of the community work services, the actors are mostly satisfied with this measure.
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Motlalekgosi, Hendrik Puleng. "Systematic review of theoretical and evidence-based literature on offenders' treatment in South Africa : a penological perspective." Thesis, 2015. http://hdl.handle.net/10500/20678.

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The South African Department of Correctional Services has a legislative mandate of detaining offenders in safe custody whilst ensuring their human dignity amongst others. This stems from section 2 of the Correctional Services Act 111 of 1998 as amended. In addition to that, chapter 3 of this Act makes provision for conditions under which offenders should be treated, conditions of human dignity. This piece of legislation is effectively giving effect to the Bill of Rights as articulated in chapter two of the Constitution of the Republic of South Africa of 1996. It is expected of the department to treat offenders according to the provisions of not only this Constitution and Correctional Services Act 111 of 1998 as amended but also to comply with the international conventions and treaties. Extensive empirical and non-empirical studies on the treatment of offenders have been conducted by various scholars in the field of penology but not much has been done to bring to the fore knowledge with regard to the developmental trend of the treatment of offenders. It is against this backdrop that a qualitative study through systematic review of literature was conducted to bring together and examine available literature. In other words, a systematic literature review was conducted to determine if there is a developmental trend towards the treatment of offenders in South Africa as required by the prescripts of the law. Furthermore, this study was conducted to also demonstrate the researcher’s knowledge in the field of penology. The focus was on the central theories identified as offenders’ rights. The Department of Correctional Services identified eight offenders’ rights and sees them as its Constitutional mandate (Department of Correctional Services, 2013:8). This study has found a violation of the offenders’ right to equality to be diminishing over time. Apart from that, this study reveals a substantial violation of offenders’ rights because out of seven offenders’ rights, only one [freedom of religion] appears be successfully protected and promoted by the department. This study further present the recommendations and suggested areas of further research.
Penology
D. Litt. et Phil. (Penology)
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