Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.

ALTERNATIVES TO UNCONDITIONAL IMPRISONMENT Pavlína Sýkorová My diploma thesis deals with alternative punishments which may be imposed as an alternative to imprisonment. The thesis is divided into six chapters. In the introduction of my thesis first I deal with general issues, I define the term and the purpose of punishment and I outline the concept of Restorative justice which presents the base of alternative approaches in the penal law. The second chapter describes the system and various forms of alternative sentences and criminal procedure alternatives (procedural diversions), their historical development in the Czech Republic since 1989 and the activity of international organisations in this domain, especially United Nations and The Council of Europe. In this chapter I also present the institution and characterise the activity of the Probation and Mediation Service which has an important role during the imposition and execution of some alternative punishments. The main attention in the thesis is concentrated on the chapters 3 to 6 which concern particular alternative forms of punishment in the valid and effective Czech legislation, their imposition and execution. Successively, I deal with conditional prison sentence, pecuniary punishment, community service and home arrest. Final subchapters of these...

This is an original non-experimental research conducted in four Geo-Political Zones in Nigeria (West Africa). It surveys opinions of victims of crime and conflicts, and criminal justice professionals with regard to exploring restorative justice as an Alternative Dispute Resolution Model in the country. The findings of this study are relatively in line with other cross-national research and evaluations of restorative justice, which consistently demonstrate that victims of crime are better off after participating in restorative justice programmes compared to the court proceedings (see Strang et al, 2006 for instance). The ‘Afrocentric’ viewpoints contained in the findings are imperative to international practitioners and scholars interested in Peace and Dispute Resolutions in Africa.

Alternatives to unconditional imprisonment Petr Horák The following thesis is concerned with alternatives to unconditional imprisonment. I have chosen this theme because I think it is very topical and frequently discussed issue not only among experts bud within the general public, too. These specific institutes of the criminal law enable quick, economical and effective solution of particular criminal cases with no need of using unconditional imprisonment. The main goal of this paper is to provide its reader with a summarizing overview about the existing alternatives in the present Czech criminal law , about their advantages and disadvantages, about the reasons which led to their implementation to our legal system and about another important related aspects. The introductory chapter of this text deals with the general issues of the purpose of sentencing and sanctions. It provides the basic information about the main principles of sentencing and the theories of sentencing which laid the foundation of contemporary system of criminal justice. The following chapter describes the beginnings of the development of alternative sentencing in Bohemia region. The restorative justice and its principals brought new ideas to criminal law during the second half of the 20th century. According to this original doctrine the...

Resumé The study relates to the alternatives to unconditional sentence of imprisonment. The purpose of the study is to focus on the advantages and disadvantages of the alternative punishments and to discribe the application of chosen sentences in practise. The first part of my study is the introductory and defines basic terminology and institutes related to the topic. The second part looks at individual alternative punishments, coditions of their imposing and service of the sentences. The study is composed of six chapters. Chapter One explains the term punishment . It is subdivided into three parts. Part One defines the purpose of the punishment. Part Two briefly compares the absolute and the relative theory of the punishment and Part Three describes the principles of imposing the punishments. Chapter Two provides starting points of imposing the alternative punishments. This chapter consists of three parts. Part One is concerned with the restorative justice. Part Two explores the institutes of probation and mediation and Part Threee shows the advantages of the alternatives to unconditional sentence of imprisonment. Chapter Three deals with the alternative punishments. It is subdivided into four parts. Part One describes historical development of the alternative punishments. Part Two analyzes the aplication...

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Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

This doctoral thesis aims to provide an answer to the question of why the criminal law should be concerned with the emotional response of the offender. Emotions have important instrumental aptness, such as the capacity to reveal a person's values to himself. Emotional obligations can exist within friendship, and even between strangers when the basic duty of respect has been breached. Emotions therefore have important roles to play in connection to wrongful acts between fellow citizens. The emotions that are the most relevant to the committing of a wrong are guilt and shame. The thought content of guilt is responsibility for a wrong, while the thought content of shame focuses on a weakness of the self. In response to a wrong, guilt feelings distance the wrongdoer from the moral falsehood that was implicit in the offence, restoring relations with society. Shame might have similar beneficial effects, but it might also tie the wrongdoer closer to a personal weakness (which is only indirectly related to the wrong) and might therefore weaken the relationship with himself and society. Preventing undesirable behavior is an aim of criminal law. Good criminal law should aim to persuade offenders to endorse the legal rule that was flouted by the offence. The law is not a suitable basis for citizen's emotional obligations, but emotions are particularly capable of allowing an offender to properly recognise certain reasons for obeying the law, such as moral reasons and reasons of respect for law. Guilt feelings in a setting of victim-offender mediation are very promising in this respect, while shame and humiliation run the risk of distancing the offender from his regard of himself as a moral person and society at large.