Suchergebnisse

Cover Page -- Half Title Page -- Title Page -- Copyright Page -- Contents -- Foreword -- Introduction -- Chapter 1: The Purpose of Imprisonment -- 1. In Europe, There Are Four Main Justifications for Imprisonment -- 2. New Zealand Prisons Should Be for Rehabilitation, Not Retribution -- 3. In Mexico, Violence Is Eroding Catholic Attitudes Toward Punishment -- 4. British Crime Rates Would Decrease if Imprisonment Rates Increased -- 5. Prison Should Be Abolished -- Periodical Bibliography -- Chapter 2: Sentencing and Imprisonment -- 1. Life Imprisonment May Violate Human Rights -- 2. In India, Life Sentences Are Assumed to Be for Life -- 3. In Singapore, Juveniles Can Be Detained Indefinitely -- 4. Honduran Juveniles Must Not Be Sentenced to Adult Jails -- 5. Canadians Support Mandatory Sentencing with Some Judicial Discretion -- 6. In Britain and Germany, Innovative Sentences Increase Chances for Rehabilitation -- Periodical Bibliography -- Chapter 3: Prison Conditions -- 1. Humane Treatment of Prisoners Is Guaranteed by International Law -- 2. In France, Prison Conditions Are Deteriorating -- 3. Turkey's Torture of Prisoners May Be Changing -- 4. Zimbabwe's Prison Conditions Are Horrible -- 5. In South African Prisons, Rape Is Widespread -- 6. Prisons in Post-Soviet Russia Incubate a Plague -- 7. Australian Prisons Are Ill-Equipped to Deal with Women Prisoners -- 8. Juveniles in the United States Should Not Be Sent to Adult Prisons -- Periodical Bibliography -- Chapter 4: Political Prisoners -- 1. Iran Jailed a Prominent Journalist for Criticizing the Government -- 2. China May Be Harvesting the Organs of Political Prisoners -- 3. In China, Identifying Political Prisoners Can Facilitate Their Release -- 4. In Cuba, There Are Fewer Political Prisoners but More Arbitrary Arrests -- 5. Political Protestors in Papua Should Not Be Imprisoned

Censuring equalization retributivism -- The case for retributive sentencing -- Imprisonable offenses -- B-level analysis -- Minimum and extreme conditions of confinement -- Initial challenges to prisoners' rights -- Work, welfare, and responsibility -- In defense of more permeable prisons -- Retained civil rights -- Access to recreation and entertainment -- Privatization, abolition, or reform

Intro -- Acknowledgments -- Contents -- List of Contributors -- List of Figures -- List of Tables -- 1 Asian Life Imprisonment in Worldwide Perspective -- 1.1 Introduction -- 1.1.1 Questioning Life Imprisonment in Asia -- 1.1.2 The Pioneering Conference -- 1.2 Life and Death -- 1.3 The Compexity of Life Imprisonment -- 1.3.1 Definition -- 1.3.2 Historical Roots -- 1.3.3 Statistics -- 1.3.4 Imposition and release -- 1.3.5 Life in Prison -- 1.4 Normative Standards -- 1.5 Conclusion -- References -- 2 Life Imprisonment in Australia: Restoring a Hope of Release and the Phuong Ngo Case -- 2.1 Introduction -- 2.2 The Sentence of Life Imprisonment in Australian Jurisdictions -- 2.3 NSW Murder Case Study -- 2.3.1 Background -- 2.3.2 The murder of John Newman and subsequent court proceedings -- 2.3.3 Compliance with ICCPR -- 2.3.4 ECtHR Jurisprudence -- 2.3.5 The Royal prerogative of mercy and compliance with international obligations -- 2.3.6 Remedies -- 2.4 Conclusion -- References -- 3 Life Imprisonment in Bangladesh: Ensuring a Constructive Prison Experience for Life-Sentenced Prisoners -- 3.1 Introduction -- 3.2 Life Sentences in Bangladesh: The Legislative Landscape -- 3.3 Facilities for Life-Sentenced Prisoners: The Law and the Grim Reality -- 3.3.1 Governing Laws and Policies -- 3.3.1.1 Constitutional Protection of Life-Sentenced Prisoners in Bangladesh -- 3.3.1.2 Legislative Protection of Life-Sentenced Prisoners in Bangladesh -- 3.3.1.3 Obligations of Bangladesh Under International Commitments -- 3.3.2 Reality of Life-Sentenced Prisoners in Bangladesh -- 3.4 Ensuring a Constructive Prison Experience for Life-Sentenced Prisoners -- 3.5 Concluding Observations -- References -- 4 Life Imprisonment in China -- 4.1 Introduction -- 4.2 Legal Framework and Features of Life Imprisonment in China.

Every State in the modern world has a prison system, established and purportedly administered in terms of formal legal rules. Most such systems house both sentenced and unsentenced prisoners and have minimum standards and rules that are common to all prisoners. Although there is now a considerable body of international law that aims to provide a human rights framework for the recognition of the rights of all prisoners, the universality of the prison and the ubiquity of international human rights law have not meant that there is international consensus about what imprisonment should be used for and how prisons should be administered. The prison as a penal institution has remained firmly rooted in the nation State and in national legal systems. In this respect penal institutions are different from other detention facilities, most particularly those for prisoners of war, which have long been governed by the rules of international humanitarian law.

Reviews Russell P. Dobash, R. Emerson Dobash, Sue Gutteridge, The Imprisonment of Women. New York: Basil Blackwell Inc., 1986; and Nicole Hahn Rafter, Partial Justice: Women in State Prisons, 1800-1935. Boston: Northeastern University Press, 1985. (PAS)

Most prison administrators are beset with large polyglot pop. so diverse, that uniform efforts are difficult. Recent prison disturbances have revealed these efforts to be ineffective unless ways of reducing prison pop. to a manageable point are investigated. One way is the presentence investigation. This provides information that can guide the judge in a disposition that more closely fits the case. Thus the judge can place on probation likely prospects; and sentence the offender on the basis of the characteristics of the individual. Imprisonment postpones rehabilitation which must take place if the community is to be protected. This is a 2nd way in which prison pop. can be reduced and handled. Use of probation can be increased if qualified probation officers are available; such an increase will provide as much protection to the public as a high rate of imprisonment. Lack of a basis philosophy for dealing with offenders leads to the ignoring of these techniques. We still rely on the jail. Costs of incarceration and probation indicate that roughly $1,500 is spent on the inmate, while only $100-200 is per probationer per year. Use of probation as a disposition should be increased so that 75-80% of convictions can be so treated. H. M. Trice.

Europe has built a humanitarian criminal policy regarding imprisonment with three basic principles - limitation of the use of prison, normalization of prison life and reintegration as the main aim of the deprivation of freedom - and it seems relevant to assess whether single penitentiary systems in Spain achieve this European ideal. The paper analyses the reality of imprisonment in Spain by surveying a representative sample of persons who have experienced imprisonment in one of its regions. The paper reveals a more positive fulfilment of the principles of normalization and reintegration than previous literature has demonstrated. However, in both the normalization and the reintegration principles, there appear aspects of concern that require the implementation of new policies. ; Europa hat bezüglich des Freiheitsentzugs eine humanitäre Strafrechtspolitik mit drei Grundprinzipien aufgebaut: Begrenzung der Inhaftierung, Angleichung des Gefängnislebens und Wiedereingliederung als Hauptziel des Freiheitsentzugs. Daher erscheint es relevant zu betrachten, ob die Strafvollzugssysteme in Spanien dieses europäische Ideal erreichen. Der Aufsatz analysiert die Realität des Strafvollzugs in Spanien anhand einer Umfrage unter einer repräsentativen Stichprobe von Personen, die dort inhaftiert waren. Im Ergebnis zeigt sich eine positivere Erfüllung der Prinzipien der Angleichung und Reintegration als in der bisherigen Literatur. Sowohl beim Angleichungs- als auch beim Reintegrationsprinzip gibt es jedoch Aspekte, die Anlass zur Besorgnis geben und die Umsetzung einer neuen Politik erfordern.

Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards. Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond. Dirk van Zyl Smit is Emeritus Professor of Comparative and International Penal Law, University of Nottingham and Emeritus Professor of Criminology, University of Cape Town. Catherine Appleton is Senior Research Fellow at the Centre for Research and Education in Security, Prisons and Forensic Psychiatry, St Olavs Hospital and at the Department of Mental Health, Norwegian University of Science and Technology in Trondheim. Vucong Giao is Head of the Department of Constitutional and Administrative Law and Director of the Research Center for Human and Citizens Rights under School of Law, Vietnam National University, Hanoi (VNU-LS).