28. Punishment

This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.

PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY

It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data. Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data. To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.

Penal Sanctions Applicable to a Slave Engaged in Banking Activities

<p>Gaius Suetonius in <em>Vitae Galbae</em>, as part of his <em>Vita divi Augusti</em>, described the case of a banker (<em>nummularius</em>) and the penal sanction applied to him by the later emperor Galba. The governor of the province of Hispania Tarraconensis ordered to cut off the hands of a banker who was unfairly changing money. In order to show even greater severity of the punishment, he ordered the cut off hands to be nailed to the table where the banker was performing the dishonest acts. Undoubtedly, <em>nummularius</em> punished by Galba conducted operations within <em>mensa nummularia</em>. The owners of the cantors used qualified people recruited from among the lower social strata, mainly slaves, to perform mint operations. The professional examination of the quality of a coin required a great deal of specialist work. The convict participated in the banking activity as a support technical personnel. The minting and testing operations ended with sealing the purse with <em>tesserae nummulariae</em>. Such specialized operations were not performed by Roman citizens. The content of <em>tesserae nummulariae</em> may be an indication that the testing operations were performed by slaves. <em>Servi</em> had actual knowledge of the contents of the controlled purses and the control process could be an opportunity for abuse or even punishable acts. The slave would therefore suffer a well-deserved and adequate punishment in the form of chopping off his hands and nailing them to the table at which he dishonestly carried out minting and testing activities.</p>

NORMA PERSATUAN SEBAGAI BATASAN PERBUATAN PIDANA PENYEBARAN UJARAN KEBENCIAN MELALUI INTERNET

The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction. The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society.

INTERNATIONAL WASTE SHIPMENT BETWEEN THE EU COUNTRIES IN THE CONTEXT OF CRIMINAL LA

This article shows the basic European Union and national regulations with regard to international shipments of waste, such as the Resolution No. 1013/2006 and the Act of 2007 on international shipments of waste in Poland. Procedures which may decrease the negative infl uence of waste on the environment, especially during shipments of hazardous waste, play an important role in this area. For the observance of these procedures, the penal sanction system is useful because it prevents illegal activities in this area. However, an analysis of the statistics of the Supreme Chamber of Control and Police shows that the effectiveness of criminal instruments is not very high. This is evidenced by the low percentage of proceedings under Article 183 of the Penal Code as well as by the poor detection of offenders, and despite the increase in the number of convictions imposed by courts of general jurisdiction, criminal penalties are too lenient.

KEPATUHAN HUKUM IBU TERHADAP KETENTUAN PIDANA TERKAIT PERBUATAN YANG MENGAKIBATKAN PENDERITAAN PSIKIS ANAK

Art 80 and Art 76C of Law No. 35/2014 purports to protect children from domestic violence (including most importantly those committed by the mother of the child). This article using empirical juridical purports to analyze what factors are influential in determining compliance. Primary data is collected using purposive sampling technique and subsequently is analyzed qualitatively. The main result of the research is that avoidance of penal sanction is not a significant role in determining legal compliance. More significant or influential are factors such as the extent or level of understanding the rule’s purpose or values behind the existing rule (prohibiting domestic violence), the need to maintain good relationship with the child; identification of the mother with certain groups in society and personal values.

Drs Bramhall and Bawa-Garba and the rightful domain of the criminal law

In the wake of two recent high-profile, controversial cases involving the prosecution and conviction of Drs Bramhall and Bawa-Garba, this article considers when it is socially desirable to criminalise doctors’ behaviour, exploring how the matters of harm, public wrongs and the public interest can play out to justify—or not, as the case may be—the criminal law’s intervention. Dr Bramhall branded his initials on patients’ livers during transplant surgery, behaviour acknowledged not to have caused his patients any harm by way of injury to their organs. Dr Bawa-Garba misdiagnosed and failed to properly assess a 6-year-old boy with pneumonia and sepsis under her care, who subsequently died. Taking account of contextual and public interest concerns, can and should there be exceptions to imposing criminal liability where a doctor’s behaviour is deemed grossly negligent and a significant contribution to a patient’s death? And is it really appropriate to subject a doctor to penal sanction where he may have committed a private wrong against a patient, but does not set back their interests?

Restoraktiv Justice Policy in the Investigation of Children as Trafficking Actor

A forced effort by the investigator of the child of investigation because the investigator can not rule out a perpetrator. Nevertheless, the maximum effort of handling child offenders in non-litigation cases is preferred by looking at the nature of the child and Non penal sanction is more appropriate for the child of the offender. Furthermore, the action that can be carried out by the investigator on the child of the Trafficking Trafficking in Law Number 11 Year 2012, to substitute for restitution restitution, and the return to the parent / guardian is a matter that is deemed appropriate, since the investigator has no authority to override the case, even in conduct investigations with more emphasis on prioritizing restorative justice rather than formal legalistic considerations.

Targnięcie się pokrzywdzonego na własne życie jako typ kwalifikowany przestępstwa stalkingu

Attempt against one’s life by the aggrievedas an aggravated type of stalkingThis article is devoted to the issue of criminal liability for the crime of attempt against one’s life by the aggrieved as an aggravated type of stalking. It is related to validity of penalisation of this type of behaviour. It was pointed to interpretative doubts concerning appearances of a crime, as well as joining a discussion about bittiness within the scope of regularising the penal sanction.