The diploma thesis is focused on the custodial assurance of the accused person. The institute of the custody is seen as a freedom restriction and the person's personal freedom and also it is seen as one of the kinds of ensuring measures. The core is to keep the conditions set by the law and basic principles of the criminal proceedings to not to allow over-use or abuse of the custody. The aim of the diploma thesis is the analysis of the custodial assurance legal frame, custody basic characteristics, its reasons, measures to substitute custody and to map the or of the social worker in this field. It is overall summary of legal adjustments concerning the custody. The thesis is divided into twelve chapters. The first chapter is dedicated to the person assurance itself before the custody procedure and the second chapter includes custody basic characteristics and its legal anchor. The third chapter deals with custodial conditions, reasons and its duration. The fourth one concerns the custody length and other legal terms. The fifth chapter is focused on the decision about custody in proceedings before the court and in the legal proceedings and that in the frame of the authorities by particular organs. The sixth chapter concerns the custody itself, including the place and personal section. There are defined the measures which can be used to substitute the custody in the seventh chapter. There is analysis of the link in the case of youth offenders and there are also stated the main differences from adult accused ones in the eighth chapter. The ninth and tenth chapter mention psycho-social impact of the custody, social work with people in the custody proceedings and the role of the social worker in this field. The last chapter is in short focused on the comparison of the custody and the punishment. The diploma thesis comes out primarily from the judicature, legal regulations - in particular from the Law nr. 141/1961, about the criminal proceedings of justice (legal code), literature with comments, professional articles and internet sources.

Made available in DSpace on 2016-04-29T13:31:20Z (GMT). No. of bitstreams: 1 Alyne Alvarez Silva.pdf: 2096901 bytes, checksum: eccd273c6dd244679bcbb6137d3c83d5 (MD5) Previous issue date: 2015-10-08 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / In Brazil, people diagnosed with mental disorder are now considered subjects of rights from the Psychiatric Reform Law. The same can not be said if these same people come into conflict with the law. Understood as dangerous, they are throw out of the legal system aligned with human rights due to a supposed intellectual and volitional disability in the face of criminal act. The periculosity attested by forensic experts authorizes the justice to consider them in an inimputability situation, what, besides to not allow them to be called to answer for their acts, motivates the restriction of a number of constitutional rights. Considering the reality of rape and extreme violence own this context, this research aimed to discuss the processes of institutionalization and deinstitutionalization of so-called "insane offenders" in State of Pará, using the cartography method as intervention-research. We mapped some of the lines that establish the device "security measure" and the processes of institutionalization promoted by it, considering the production of fear as governmentality strategy in the constitution of punitive subjectivities. At the same time, we follow the flows triggered by the research towards the deinstitutionalization processes of this population. From the Custodial Psychiatric Hospital Santa Isabel of Pará, we have described the practices of power-knowledgesubjectivation intended for institutionalized people and profiled those submitted to security measure, these lives which have never been counted. In addition, it have been built devices - such as art workshops to psychiatric patients, itinerant exhibition of the resulting works, conversation circles with workers in the mental health network and a documentary film - favoring the connection of actors and various elements to function as machines that make see and talk about security measure dispositive, composing new sensibilities and forging aesthetic vectors of deinstitutionalization. The co-organization of a Meeting among various actors of justice and the rule of executive managers still allowed us following the configuration of a program of deinstitutionalization and approached the legal-political dimension of the Psychiatric Reform when we have discussed the person's responsabilization model with disorder mental in conflict with the law / No Brasil, as pessoas com diagnóstico de transtorno mental passaram a ser consideradas sujeitos de direitos a partir da Lei da Reforma Psiquiátrica. O mesmo não se pode afirmar se estas mesmas pessoas entram em conflito com a lei. Entendidas como perigosas, são lançadas para fora do ordenamento jurídico alinhado aos direitos humanos devido a uma suposta incapacidade intelectiva e volitiva diante do ato delituoso. A periculosidade atestada por peritos forenses autoriza a justiça a lhes considerar inimputáveis, o que, além de não permitir que sejam chamadas a responder por seus atos, motiva a restrição de uma série de direitos constitucionais. Considerando a realidade de extrema violação e violência própria desse contexto, esta pesquisa teve como objetivo problematizar os processos de institucionalização e desinstitucionalização dos chamados loucos infratores no Estado do Pará, utilizando o método da cartografia como pesquisa-intervenção. Mapeamos algumas linhas que constituem o dispositivo medida de segurança e os processos de institucionalização por ela promovidos, considerando a produção do medo como estratégia de governamentalidade na constituição de subjetividades punitivas. Ao mesmo tempo, seguimos os fluxos acionados pela pesquisa em direção aos processos de desinstitucionalização dessa população. A partir do HCTP de Santa Isabel do Pará, descrevemos as práticas de saber-poder-subjetivação destinadas às pessoas institucionalizadas e traçamos o perfil daquelas que aí cumpriam medida de segurança, estas vidas que não se contam. Além disso, foram construídos dispositivos como oficinas de arte aos internos, exposição itinerante das obras resultantes, rodas de conversa com trabalhadores da rede de saúde mental e um filme-documentário que favorecessem a conexão de atores e elementos diversos para funcionar como máquinas de fazer ver e falar o dispositivo medida de segurança, engendrando novas sensibilidades e forjando vetores estéticos de desinstitucionalização. A co-organização de um Encontro entre diversos atores da justiça e gestores do executivo do Estado nos permitiu ainda acompanhar a configuração de um Programa de desinstitucionalização e nos aproximou da dimensão jurídica-política da Reforma Psiquiátrica quando problematizamos o modelo de responsabilização da pessoa com transtorno mental em conflito com a lei

Thesis (Ph.D. (Estate Law))--North-West University, Potchefstroom Campus, 2007.

The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA} is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the new mineral law dispensation. Through the provisions of the said section, new concepts are introduced to the field of mineral law previously governed by the South African common law system of private ownership, based on Roman-Dutch principles. The study focused on section 3 of the MPRDA and the consequences ensuing from its implementation. Consequently, a historical overview of the development of South African mineral law was followed by an exposition of the development of the constitutional property concept. It was concluded that mineral rights from the previous dispensation constitute property protected by section 25 of the Constitution. It was also found that the development encapsulated in the MPRDA in respect of the ownership of the country's unsevered minerals, is indicative of the decline of private property. It is substituted by a line of thought which recognises that certain interests 'are held in common' by the nation. This idea is also found in inter alia the National Water Act 36 of 1998 and the National Environmental Management Act 107 of 1998. This led to the next section of the research where the concept of custodial sovereignty as manifested in the Anglo-American public trust doctrine was studied. It was apparent that the public trust doctrine is a legal construct whereby ownership of certain assets vests in the state, to be administered on behalf of the nation and generations yet to come. The historical survey of the Roman concepts of res publicae and res omnium communes indicated that although this doctrine is not part of South Africa's common law heritage, principles underlying the doctrine found application in South African law in respect of the seashore. The conclusion was reached that the doctrine has indeed been incorporated in South African mineral law by the MPRDA, constituting a new mineral law regime in the country. Due to the fact that a new mineral law dispensation was introduced, mineral rights as they existed in the previous mineral law dispensation were annihilated. It was, therefore, necessary to determine whether this annihilation resulted in the expropriation of property. Consequently the content of the concept 'expropriation' was studied in order to determine whether the previously held mineral rights were expropriated. The study indicated that expropriation entails the acquisition of property by the state, but that ample room exists for the development of the concept of constructive expropriation. Based on the information gained on the concept of expropriation, the consequences ensuing from the MPRDA for the holders of common law mineral rights and old order rights and the impact of the MPRDA on ownership of landowners were analysed. It was indicated that the extent of the deprivation brought about by the MPRDA varies between expropriation and the regulation of mining activities. The significance of section 3 of the MPRDA for the people of South Africa was analysed and it was found that the newly introduced doctrine can be applied to the advantage of the nation as a whole. A separate section of the research entailed a limited comparative analysis of Canadian mining law that focused on constitutional jurisdiction over minerals in the Canadian mining regime and the taking of property interests in minerals. It is proposed that the South African expropriation concept should develop along the lines followed in Canadian jurisprudence. After considering the abovementioned aspects, the final conclusion of the study is that the concepts introduced by and the consequences emanating from the implementation of section 3 of the MPRDA are constitutionally justifiable. / Thesis (LL.D (Indigenous Law)) -- North-West University, Potchefstroom Campus, 2007.

The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA} is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the new mineral law dispensation. Through the provisions of the said section, new concepts are introduced to the field of mineral law previously governed by the South African common law system of private ownership, based on Roman-Dutch principles. The study focused on section 3 of the MPRDA and the consequences ensuing from its implementation. Consequently, a historical overview of the development of South African mineral law was followed by an exposition of the development of the constitutional property concept. It was concluded that mineral rights from the previous dispensation constitute property protected by section 25 of the Constitution. It was also found that the development encapsulated in the MPRDA in respect of the ownership of the country's unsevered minerals, is indicative of the decline of private property. It is substituted by a line of thought which recognises that certain interests 'are held in common' by the nation. This idea is also found in inter alia the National Water Act 36 of 1998 and the National Environmental Management Act 107 of 1998. This led to the next section of the research where the concept of custodial sovereignty as manifested in the Anglo-American public trust doctrine was studied. It was apparent that the public trust doctrine is a legal construct whereby ownership of certain assets vests in the state, to be administered on behalf of the nation and generations yet to come. The historical survey of the Roman concepts of res publicae and res omnium communes indicated that although this doctrine is not part of South Africa's common law heritage, principles underlying the doctrine found application in South African law in respect of the seashore. The conclusion was reached that the doctrine has indeed been incorporated in South African mineral law by the MPRDA, constituting a new mineral law regime in the country. Due to the fact that a new mineral law dispensation was introduced, mineral rights as they existed in the previous mineral law dispensation were annihilated. It was, therefore, necessary to determine whether this annihilation resulted in the expropriation of property. Consequently the content of the concept 'expropriation' was studied in order to determine whether the previously held mineral rights were expropriated. The study indicated that expropriation entails the acquisition of property by the state, but that ample room exists for the development of the concept of constructive expropriation. Based on the information gained on the concept of expropriation, the consequences ensuing from the MPRDA for the holders of common law mineral rights and old order rights and the impact of the MPRDA on ownership of landowners were analysed. It was indicated that the extent of the deprivation brought about by the MPRDA varies between expropriation and the regulation of mining activities. The significance of section 3 of the MPRDA for the people of South Africa was analysed and it was found that the newly introduced doctrine can be applied to the advantage of the nation as a whole. A separate section of the research entailed a limited comparative analysis of Canadian mining law that focused on constitutional jurisdiction over minerals in the Canadian mining regime and the taking of property interests in minerals. It is proposed that the South African expropriation concept should develop along the lines followed in Canadian jurisprudence. After considering the abovementioned aspects, the final conclusion of the study is that the concepts introduced by and the consequences emanating from the implementation of section 3 of the MPRDA are constitutionally justifiable. / Thesis (LL.D (Indigenous Law)) -- North-West University, Potchefstroom Campus, 2007.

This dissertation is a participant observer’s account of implementing a multisite, randomised controlled trial within Her Majesty’s Prison Service. It adds to a scarce literature detailing the steps involved in implementing experiments in custodial settings by providing a candid account of the route from planning to successful implementation. The randomised controlled trial was designed to evaluate the effectiveness of the Sycamore Tree Programme. This programme’s goal is to teach prisoners the wider harm of crime and includes a face-to-face meeting between a victim of crime and the participating offenders. It derives its rehabilitative potential from restorative justice and seeks to foster hope that change is possible for offenders, thus aiding them to desist from crime. Its development and theoretical basis are described for the first time. In an in-depth narrative the dissertation details how at every stage strategies were developed to manage participant procurement, random assignment, maintaining treatment integrity, and preparing for final outcome measurements. The randomised controlled trial was designed to produce an individual experiment in eight prisons. These will be combined in a meta-analysis as well as analysed as a pooled sample. Overall the implementation process took close to two years and involved a charitable body, Her Majesty’s Prison Service, the National Offender Management Service, and two police forces. This work has demonstrated how the unstable nature of English prison populations and the risk-averse climate must be addressed when conducting experiments in that environment. It has also illustrated the gap between the rhetoric of evidence-based policy and the facilitation of research designed to seek that evidence. Nevertheless, developing trusting relationships and combining rapidly learnt skills with inherent abilities ensured that the evaluation methodology was supported and protected through the various challenges it met. Finally, the dissertation suggests conditions for closer collaboration between government executive bodies and researchers that might increase the number of experiments undertaken in prisons. It also aims to encourage researchers that prison experiments, although not easy, are feasible, defendable, and, above all, worthwhile.

L’analyse de la dignité du condamné dans l’exécution de sa peine privative de liberté suppose d’étudier d’une part les conditions dans lesquelles il exécute sa peine lorsqu’il est incarcéré au sein d’un établissement pénitentiaire, puis d’autre part celles dans lesquelles il exécute sa peine dans la phase post-carcérale. Cependant, la constatation du respect ou de la négation de la dignité du condamné repose sur l’appréciation de l’adaptation et de la proportionnalité de l’atteinte portée à ses spécificités humaines primaires et à leurs supports, à un objectif légitime d’intérêt général. Ainsi, si l’humanisation des conditions de détention permet d’assurer progressivement le respect de la dignité du condamné, sa responsabilisation et la réappropriation de sa condition humaine lui offrent les moyens de promouvoir sa dignité par la stimulation de ses potentialités humaines d’amélioration. La phase d’exécution post-carcérale de la peine privative de liberté semble connaître un mouvement inverse. En effet, si la conception et la mise en œuvre des mesures d’aménagements de peine semblaient garantir le respect et la promotion de la dignité du condamné, l’introduction « d’une éthique de conviction » de surveillance étatique du condamné dans la phase post-carcérale emporte la négation de la dignité du condamné par une atteinte à son autonomie qui s’avère totalement inadaptée à l’objectif de prévention de la récidive criminologique. / The analysis of the convict's dignity while serving their custodial sentences implies to study the conditions in which they serve their penalties when incarcerated in a prison establishment on the one hand, then the conditions in which they carry out their sentences when out of prison on the other hand. However, if the convict's dignity is respected or negated, it depends in both cases on how the adaptation and proportionality of the infringement of their primary human features are assessed according to a legitimate public interest.As a result, if more human detention conditions allow to ensure that the convict's dignity is gradually respected, the fact that they are encouraged to bear more responsibility and are again considered human beings enables them to promote their dignity by stimulating their human potential powers of improvement. The post-detention stage (when the custodial sentence is served out of prison) seems to evince an opposite trend. As a matter of fact, if the creation and implementation of measures of sentence reduction seemed to guarantee the respect and the promotion of the convict's dignity, the introduction of a “code of conviction” of state surveillance over the convict in the post-detention stage entails a negation of the convict's dignity as their autonomy has been infringed in a way totally inadapted to the aim of preventing second-offence crime.

In 2020, several Nordic archives and museums sent out ”question lists”, questionnaires, to collect the public’s experiences of the Covid-19 pandemic. The collections resulted in an incomparable collection of contemporary cultural history about the Covid-19 pandemic. The aim of this thesis is to follow the creation of this collection. The thesis is defined through three research questions: one asking about the initial creation of the collection projects, one about the implementation, and one about what will happen to the resulting collection as an archival material. The study is based on previous research about Nordic contemporary Mass-Observation projects and question lists, as well as health narrative studies and research about Covid-19 experiences. Aspects of the previous research are used to create a theoretical framework, based around the concept of actors in accordance with Giddens structural theory (Johansson 2003:422). The three primary terms that are used in the analysis are dialogue, (immaterial) monument, and post-custodial archives, all retrieved from previous research in the field. The empirical data is collected through semi-participatory observation and documentation of the question lists, as well as interviews with responsible personnel at the institutions. The analysis is divided into three chapters, based on the three research questions. The first chapter thus concerns the initial creation of the collection projects, with regards to the design of the question lists, and the institutions’ thoughts and aims with the projects. The term dialogue is used to analyse the interaction between and within the institutions during this process. The second chapter studies the implementation of the actual project and includes an analysis of the question lists themselves as well as the digital interface through which they are made accessible to the public. Here, too, the term dialogue is used, to analyse how the answers are made in the interaction between the institutions and the public. The third chapter studies the institutions’ plans and hopes for the collected experiences, with regards to future research projects and exhibitions as well as archiving. Here, the term monument is used to illustrate the value and usage of the overall collection. Post-custodial archives are also used to highlight discussions about how digital archival collections should be archived and made accessible. The thesis closes with a final discussion chapter, which expands on the questions about what the purposes of these kinds of collections are, as well as about what role and place archiving should have in the creation and implementation of these kinds of Mass-Observation projects. This is a two years master's thesis in Archival science.

Text in Afrikaans / Gevangenis oorbevolking is ʼn probleem waarmee die Suid-Afrikaanse korrektiewe stelsel reeds vir baie jare worstel. Suid-Afrika is een van die lande met die hoogste gevangenis bevolking in die wêreld. Een van die grootste probleme wat tot die situasie bydra, is die aantal oortreders wat nie in staat is om borg te betaal nie. ʼn Ander probleem is die aantal verhoorafwagtendes wat in aanhouding is. Die Suid-Afrikaanse Witskrif van die Departement van Korrektiewe Dienste, is vasberade om die rehabilitering van die oortreder te bevorder. Die fokus van die studie wentel om die rehabilitasie van die oortreder en die vraag of hierdie doelwit binne die korrektiewe stelsel haalbaar is. Heelwat klem word op die noodsaaklikheid van alternatiewe vonnisse geplaas asook rehabilitasie as strafoogmerk tydens vonnisoplegging. Dit is die navorser se mening dat die korrektiewe stelsel nie die geskikste plek is vir die rehabilitering van die oortreder nie. / Criminology / D. Litt. et Phil. (Penology)

No description available.