Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...

The diploma thesis deals with the topic of a halfway house for persons released from prison. It is a specific target group of clients of this social residential service. The diploma thesis contains a theoretical and practical part. The first part describes the meaning of a halfway house, its the target group of clients, the role of social curator, the execution of imprisonment and the role of probation and mediation service. The aim of the thesis is to find out whether young offenders after release are interested in this social service. The practical part of the diploma thesis includes a structured interview with clients halfway houses in the Pilsen, Karlovy Vary and Central Bohemia regions. The interview consisted of 25 questions; the answers are sorted and presented in tables. From the results it can be concluded that young offenders are informed about this social residential service, but after release from prison they prefer another accommodation option. Their last choice is a to becoming a client of a halfway house, one of the reasons why can be the feeling of continued control over their lives such as in prison.

Dans cette thèse de doctorat, “Mapping the Captive Body in Three Twenty- First Century Diasporic Women’s Writings,” j’analyse le fonctionnement du pouvoir de l’État en relation avec le corps, comme le montrent les mémoires de Edwidge Danticat, Azar Nafisi and Marina Nemat. En m’appuyant sur leurs écrits, j’explore les différentes manières dont la violence, la dictature, et le patriarcat, parrainés par l’État, modifient les constructions du corps, de l’esprit, de la voix et de la subjectivité. En examinant ces formes institutionnalisées de violence et de coercition, je montre comment le confinement physique engendre la captivité de l’esprit et la dé(con)struction de soi. Ainsi, je conceptualise la captivité comme étant physique, psychologique mais aussi sociale. En outre, je soutiens que la lutte pour résister à cet effacement identitaire afin de récupérer la subjectivité et la corporealité prend la forme d’une action individuelle et/ou collective. Le premier chapitre contextualise les oeuvres étudiées pendant le règne de deux Duvaliers, de Khomeini, en plus de la politique d’immigration des Etats-Unis après le 11 septembre. En outre, ce chapitre fournit le cadre théorique. Le deuxième chapitre est consacré à l’analyse l’emprisonnement et la privation des droits fondamentaux de Joseph Dantica, soulevant ainsi des questions sur le biopouvoir qui définit le Centre de Détention de Krome. Je montre comment Edwidge Danticat a récupéré l’identité de son oncle à titre posthume. Le troisième chapitre étudie la captivité des femmes engendrée par la surveillance et l’imposition d’un code vestimentaire. J’analyse aussi comment Nafisi et ses étudiantes prennent refuge dans la littérature afin de résister. Dans le dernier chapitre, je regarde comment la prison régularise le genre et l’identité de Nemat. Je soutiens que le viol conjugual, étant une violence politique liée au genre, devient un moyen par lequel la soumission et la domination de Nemat deviennent possibles. Enfin, la dernière partie étudie l’importance de l’amitié carcérale et de l’acte de l’écriture dans la résistance à et la défiance de l’effacement. / In my doctorat project, entitled “Mapping the Captive Body in Three Diasporic Women’s Writings,” I analyze the workings of state power in relation to the body, as illustrated in the works of Edwidge Danticat, Azar Nafisi and Marina Nemat. I explore the different ways state-sponsored violence, dictatorship and patriarchy alter the very constructions of body, mind, voice, and subjectivity. By considering these institutionalized forms of violence and coercion, I demonstrate how physical confinement engenders the captivity of the mind and the de(cons)truction of the self. In so doing, I conceptualize captivity as physical, psychological and social. In addition, I contend that the struggle to resist this erasure and reclaim subjectivity and corporeality takes the forms of individual, communal, and/ or collective action. The first chapter contextualizes and historicizes the studied works with the era the Duvalier, Khomeini’s dictatorship, in addition to the post 9/11 US immigration policies. It also provides the theoretical framework that frames this dissertation. The second chapter focuses on Joseph Dantica’s imprisonment and disfranchisement and raises questions about the biopwer that defines Krome Detention Center. I demonstrate the way Edwidge Danticat posthumously recover her uncle’s identity. The third chapter studies female captivity in terms of forced veiling and constant surveillance. I analyze how Nafisi and her students take refuge in and resist through the power of literature. In the fourth chapter, I look at how prison regulates Nemat’s gender and identity. I argue that marital rape, as a gendered political violence, becomes a means through which Nemat’s subjection and domination is possible. The second part of the chapter explores the importance of carceral friendship and the act of writing in defying and resisting erasure.

The objective of this thesis named Abuse of drugs and forbidden doping substances in prison enviroment is to map the problematics of drug misusage and doping substances in prison enviroment and to determine the level of presence of these substances in selected prisons in the Czech republic. The thesis is primarly intended for experts in prison services but also to the public as a material for drug usage in prison facilities. The first part is dedicated to theory of prison servicies in Czech republic, drug problematics in general and drug politics inside czech prisons. The second part describes research with goal of finding if there is a misusage of drugs or forbidden doping substances in prison enviroment and if so on what extent. The analysis of technical documents and expert questionarre investigation are used for this work. Based on collected data and their analysis the stated hypothesis are verified. For the extension of this work it is recomended to follow the research and focus on the drug problematics in prisons from the convicted person point of view. KEYWORDS Prison, Prisoner, Imprisonment, Drugs, Addictive Substances, Doping substances, Addiction, Re-socialization.

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring (EM) from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. / <p>QC 20140519</p>

The diploma thesis "The Problems of Social Integration after Serving a Prison Sentence"deals in theoretical part with theories of punishment and function and aim of prison sentence. In more detail attention is paid to serving a prison sentence especially programmes of treatment in theoretical part. The corrective function of imprisonment is not in the long term accomplished and there is necessity to improve the system of care for person released from prison. Thesis tries to show necessity of continuity and deepening penitentiary with post- penitentiary care. Opinions of prisoners on the life reality after release are noticed in research part of this work.

The diploma thesis deals with families who face sudden separation of a loved one due to imprisonment. From previous experience the work differs in focusing primarily focused on the family, not prisoners. Theoretical part is devoted to conceptual and legislative definition, the negative effects of imprisonment and the specific needs of the prisoners families as an object of help. Thesis marginally touches on recidivism in the chapter about the family as an entity assist in the reintegration of prisoners and also highlights the potential risks that may family for imprisoned in the process mean. It results from foreign experience, which is traditionally ahead. The empirical part of the qualitative research carried out within of self-help groups of prisoners families provides insight into the specific experiences of families. Its purpose is both to draw attention to this marginalized social group and its needs, as well as outline effective assistance, which would deal with this life situation the best. POTOCKÁ, Veronika. Prisoner's family as an object of social work. Prague, 2014. 121 pages. The diploma thesis. Charles University in Prague, Department of social work. Supervisor: Andrea Matoušková

Interest in human and social capital's contribution to the desistence of crime is increasingly popular amongst criminologists, economists and policy makers. However, little attention has been drawn to the influence human and social capital indicators contribute towards the relationship between the re-entry process and juvenile crime at the neighborhood level. The current study hypothesizes the existence of a mediating relationship between human and social capital indicators (2000) and the rates of receiving formerly incarcerated persons (1997-2002) and juvenile arrest (2006-08) in 92 Portland, Oregon neighborhoods. Portland, Oregon receives more formerly incarcerated persons from Oregon's state correctional facilities than any other city or county in Oregon. Using neighborhood rates of residents with house-hold income above 50K, high school graduation, and annual income type: retired or government assistance, as proxies for human capital measures and neighborhood rates of residents employed by non-profit organizations, number of churches, and self-employment as proxies for social capital measures, OLS regression and bivariate correlations tested for a mediating effect between human and social capital on rates of re-entry and juvenile arrest rates. Findings indicate neighborhoods with increased rates of returnees have higher rates of juvenile delinquency. In addition, mediating human and social capital indicators affect the direct relationship between re-entry and juvenile crime: neighborhoods with more residents receiving retirement income, higher percent of self-employed residents, non-profit employees, or higher rates of residents earning income above 50K had lower rates of returnees in their communities. Greater rates of Portland neighborhoods which house residents with high proportions of house-hold incomes above 50K per year see increases in the rate of juvenile crime. Rates of neighborhood churches showed a positive correlation with on both rates of returnees and juvenile crime; obtaining a high school diploma was also associated with increased returnee rates and juvenile crime. Neighborhoods with more residents who are self-employed or employed by non-profit organizations had reduced rates of returnees and juvenile crime. Future research and recommendations are discussed to examine the impact of these findings on neighborhoods with formerly incarcerated persons, levels of human and social capital and juvenile crime in Portland, Oregon.

Sociologists of punishment generally agree that the American prison exacerbates social inequality, but the mechanisms by which it does so remain somewhat fuzzy. This thesis pulls from the tradition of Pierre Bourdieu (1930-2002), a canonical theorist of power and inequality, and specifically his three "thinking tools" of field, capital, and habitus, to unveil these mechanisms. Empirically, I turn to ethnographic data I collected in a minimum-security men's prison that is generally reserved for convicts who will be released to one of the three most populated counties in Oregon. I explore how soon-to-be-released prisoners (i.e., prisoners who will be released within six months) understand and prepare for their exit. Data suggest most prisoners approaching release want to adopt an honest working class style of living, and that many take proactive steps they perceive as likely to increase their chances of accessing this lifestyle (sometimes called the "straight life"). However, I argue that any (re)integrative potential emerging from these conscious and interest-oriented strategies are at risk of being trumped by two processes I title "capital erosion" and "habitus adjustment." I frame these as unintended, but nevertheless strong, consequences of imprisonment. Ultimately, I suggest imprisonment worsens existing patterns of inequality by means of draining power from the nearly powerless and disintegrating the poorly integrated.

The thesis aims to describe and analyze the process of professional treatment with emphasis on reducing criminogenic risks with convicted men placed into guarded prisons in section with a high level of security. Convicted criminals show diverse degrees of riskiness and different structures of criminogenic factors. In order for the Prison Service of Czech Republic to work with them effectively, it needs to know their criminological profile. For this stated purpose, it analyzes relevant anamnestic and special pedagogical data. The content of the treatment program is then determined based on their evaluation, which takes into account the variation of pedagogical, socio-legal and psychological approaches and methods, in regards to particular identified high-risk criminogenic factors and needs. The own research of the study, which forms the core of the practical/empiric part of the thesis, consists of the analysis of the self-reported assessed risk factors and subjectively percieved reactivity (alternatively analogous therapeutic responsiveness) and appropriate penitentiary-pedagogical interconnection of available treatment program activities. The design of the research project is methodologically processed in a combination approach with a suitable link of both qualitative and quantitative methods of...