No description available.

In the Canadian criminal justice system, there is a procedure which provides additional protections to Indigenous offenders during sentencing and its related events. This procedure is commonly referred to as the Gladue process. This thesis defends the plausibility of extending Gladue-like procedures to non-Indigenous offenders on the grounds that failing to do so would be a failure of consistency of the law. The law must be consistent in the sense that it must treat like cases alike. It will be argued in this thesis that there are other individuals and groups who may be similarly deserving of additional protections during sentencing because of their significant circumstances of vulnerability. This includes black individuals, LGBTQIA+, and mentally ill persons, but this is by no means an exhaustive list. This thesis does not aim to diminish the unique experience of Indigenous persons, but rather, it suggests that extending Gladue-like processes to particular non-Indigenous persons and groups may be required based on consistency of the law and attention to intersectionality. It is my hope that this thesis brings about greater awareness to the sentencing procedures pertaining to both Indigenous and non-Indigenous offenders alike, and that it may spark discussion on the subject of extending additional legal protections to vulnerable persons. This thesis relies heavily on the hybrid theory of punishment, as presented by H.L.A. Hart, which combines both utilitarian and retributivist elements in justifying the act of punishment. Hart’s theory aligns with the Canadian legislation on sentencing and provides a convincing justification for punishment while allowing the inclusion of restorative punishment practices for vulnerable persons. It will be argued that extending restorative practices to non-Indigenous offenders is, in some cases, plausible, and at times, necessary. / Thesis / Master of Arts (MA) / Within Canadian legislation Indigenous offenders are provided an additional procedure during sentencing and its related events. This system is commonly known as the Gladue process. Gladue provides a good model for how the sentencing of vulnerable individuals and groups should be handled. However, this process or something similar to it is not provided to other offenders who may also experience vulnerability or should be comparably deserving of additional protections or mitigating factors during sentencing. This thesis argues for the plausibility of extending Gladue-like procedures to other, similarly situated, non-Indigenous offenders based on arguments for consistency of the law and respect for intersectionality. The law must treat like cases alike, and in doing so, must pay particular attention to the intersections between layers of vulnerability. The main contribution of this thesis is to make suggestions for change in Canada’s sentencing procedures of vulnerable individuals and groups.

Honors Project--Smith College, Northampton, Mass., 2010. / Includes bibliographical references (p. 123-127).

Thesis (Ph. D.)--Faculty of Life and Social Sciences, Swinburne University of Technology, 2009. / Submitted in partial fulfillment of the requirements for the degree of Professional Doctorate of Psychology (Counselling), [Faculty of Life and Social Sciences], Swinburne University of Technology - 2009. Typescript. Includes bibliographical references (p. 258-283).

This thesis explores the crowds that attended London's executions, pillories and public whippings during the eighteenth and nineteenth centuries. It aims to reappraise a literature describing the carnivalesque and voyeuristic nature of popular behaviour, and to trace a continuum in the public's active engagement with the criminal justice system between 1783 and 1868. By employing a range of little used sources to examine the biographical, geographical and social texture of punishment audiences, it details the lives and motivations of the men, women and children who assembled to watch these often brutal events. In the process, this thesis significantly revises our received understanding of the troublesome punishment 'mob', the unruliness and low character of which has been frequently assumed on the basis of uncritical reading of contemporary sources inveighing against plebeian behaviour. It reveals a more stable picture of public participation, and argues that this experience was characterized by the remarkable social diversity and relative good order of the crowd. This study in consequence problematizes teleological narratives of social 'improvement' and a putative 'civilizing process', which have traditionally described the fall of public punishments as a product of changing urban sensitivities. In analysing the crowd's structure and responses to public punishments over time, the thesis demonstrates how popular expectations surrounding older forms of public justice remained essentially unchanged, and continued to speak forcefully to the metropolitan conscience. To explain the undoubted changes in punishment policy in the period, in the absence of a clear teleological narrative of attitudes towards public punishment, the thesis in turn argues that the decline of the pillory, whippings and public executions in London was driven by elite fears regarding mass behaviour, particularly in the wake of the Gordon Riots of 1780, and suggests that public punishments disappeared not because of their dwindling moral relevance or failing penal utility, but as a result of the middle class's increasingly nervous perceptions of urban mass phenomena. The thesis argues that the decline of public punishment did not result from 'squeamishness' about judicial murder and corporal punishment, but from anxiety about the authority and power of the crowd.

When the United States Supreme Court approved the reinstatement of the death penalty in the United States in 1976, it did so based on the promise of new safeguards against comparative excessiveness and relative disproportionality resulting from jury sentencing in capital cases. As Justice Stevens noted in 2008, one of these safeguards – meaningful appellate review of death sentences – is, in practice, non-existent. This thesis examines the use of this purported safeguard by the Ohio Supreme Court, in the form of comparative proportionality review, to determine the degree to which Ohio capital cases are ‘relatively proportionate’ in the time period after the state adopted life without parole as a sentencing option in 1996. Specifically, this thesis employs two approaches to identifying ‘similar’ cases – the overall aggravation approach (through logistic regression analysis) and the fact specific approach – and then compares each death sentence to its group of ‘similar’ cases to determine whether it is relatively proportionate, given the death sentencing ratio of its comparable group. After establishing that at least forty per cent of Ohio cases were relatively disproportionate, the thesis argues that Ohio’s current approach violates the requirements of the Eighth Amendment. In particular, the Court’s failure to examine cases sentenced to life as part of its proportionality review and its use of the precedent-seeking approach has the outcome of ignoring death sentences that are comparatively excessive. Finally, the thesis concludes by offering a normative model by which Ohio can improve its administration of comparative proportionality review. The thesis advocates the use of a ‘purposive’ approach, defining ‘similarity’ on the basis of the intended purpose of punishment, and suggesting that just deserts retribution provides the best approach for determining ‘similarity’.

The crime of torture and other inhuman and cruel treatment Abstract This master thesis concerns itself with a concept of torture and other cruel, inhuman or degrading treatment or punishment and how is this concept perceived through the international, regional and last but not least national system of law. Not to mention particular efforts aiming at the eradication of torture and other forms of ill treatment in the context of all the systems of law mentioned above. At the very beginning I am trying to deal with very specific historical approaches towards the torture and other forms of ill treatment themselves. Through this I am trying to provide for more comprehensive view on the given problematics as well as better understanding of why are torture and other forms of ill treatment still subject to controversy. Following chapter is dedicated to legal anchoring of the prohibiton on torture and other forms of ill treatment, especially within the international and regional system of law including particular attempts to define torture and other cruel, inhuman or degrading treatment throughout these systems mentioned above. Next chapter concerns itself with the conception of prohibiton on torture and other forms of ill treatment as a part of the system of fundamental human rights and freedoms followed by thorough...

(in English): This thesis focuses on a review of the criminal terminology in the Czech translations of five novels by F. M. Dostoevsky. The paper covers the following novels: 1) Crime and Punishment; 2) Demons; 3) Notes from the House of the Dead; 4) The Brothers Karamazov and 5) The Idiot. The main objective of the manuscript is to analyze the legal terms in these novels and to ensure accurate translations into the Czech language from a legal and linguistic perspective. These findings may be of significant assistance in future translations of these Dostoyevsky's novels into Czech. Analýza trestněprávní terminologie v českých překladech vybraných románů F. M. Dostojevského Analysis of the Criminal Law Terminology in the Czech Translations of Selected Dostoyevsky's Novels ALLA TYMOFEYEVA Vedoucí práce: PhDr. Stanislav Rubáš, Ph.D. Praha 2017