A Casa dos Días: a vida no cárcere feminino

O presente trabalho aborda, no âmbito das ciências sociais, as percepções que as mulheres sentenciadas a regime fechado no Centro de Reeducação Feminino (CRF), presídio feminino localizado no estado do Pará, constroem sobre o sistema penal no qual estão inseridas, partindo do que as mesmas se referem/representam como sendo crime, justiça e liberdade ― categorias básicas para a pesquisa que, afinal, serviram, principalmente, para revelar um mundo maior de correlações dentro do espaço pesquisado. A discussão apresentada é proveniente do trabalho de campo realizado no ano de 2010 e no primeiro semestre de 2011, com um grupo de doze interlocutoras, duas agentes prisionais e dois policiais que foram entrevistados no intuito de evidenciar as diferentes relações instituídas a partir da vida no cárcere. Nesta perspectiva, os dados relativos à pesquisa aludem para o fato de que o presídio feminino não é simples espaço onde as interlocutoras estão pela obrigatoriedade do cumprimento da pena; ele é reelaborado e ressignificado cotidianamente, marcando as mudanças de valores, concepções e condutas das mulheres sentenciadas, transformando as certezas da vida anterior ao cárcere em dúvidas recorrentes e que também criam oportunidades de novos arranjos sociais.

O papel da escola no processo de formação de sujeitos sociais em situação prisional

Since the beginning of the first prisions, they were proposed to solely for custody of offenders while waiting for capital punishment. With the evolution of the society, also evolves to the form of the punishment of convicts, going to be adopted custodial sentences instead of tortured bodies, then came up a greater concern with the most suitable sites for this new purpose. This study aim to reflect and analyze the relationship between education and rehabilitation in the Brazilian criminal justice system, aiming to give the efficiency of these programs in the country and the emergence of the first forms of punishment and deprivation of liberty, presupposing the role that education presents in the social reintegration process, in a situation of deprivation of liberty and the existing public policies. Characterize and show the attempts made by the state of São Paulo in accomplishing new models of prisons, which since 2000 are called resocialization centers representing this new structure and proposed social work in relation to so-called traditional prisons

La tutela penale ambientale e la nozione di rifiuto fra istanze soprannazionali ed approdi nostrani

Fighting corruption with pyramids: A Law and Economics approach to combating corruption in post-socialist countries

Corruption is, in the last two decades, considered as one of the biggest problems within the international community, which harms not only a particular state or society but the whole world. The discussion on corruption in law and economics approach is mainly run under the veil of Public choice theory and principal-agent model. Based on this approach the strong international initiatives taken by the UN, the OECD and the Council of Europe, provided various measures and tools in order to support and guide countries in their combat against corruption. These anti-corruption policies created a repression -prevention-transparency model for corruption combat. Applying this model, countries around the world adopted anti-corruption strategies as part of their legal rules. Nevertheless, the recent researches on the effects of this move show non impressive results. Critics argue that “one size does not fit all” because the institutional setting of countries around the world varies. Among the countries which experience problems of corruption, even though they follow the dominant anti-corruption trends, are transitional, post-socialist countries. To this group belong the countries which are emerging from centrally planned to an open market economy. The socialist past left traces on institutional setting, mentality of the individuals and their interrelation, particularly in the domain of public administration. If the idiosyncrasy of these countries is taken into account the suggestion in this thesis is that in public administration in post-socialist countries, instead of dominant anti-corruption scheme repression-prevention-transparency, corruption combat should be improved through the implementation of a new one, structure-conduct-performance. The implementation of this model is based on three regulatory pyramids: anti-corruption, disciplinary anti-corruption and criminal anti-corruption pyramid. This approach asks public administration itself to engage in corruption combat, leaving criminal justice system as the ultimate weapon, used only for the very harmful misdeeds.

Pratiche istituzionali di reclutamento di interpreti in ambito giuridico-giudiziario: Il caso del regno unito.

Il percorso del riconoscimento legislativo del diritto all’equo processo affonda le sue radici nel 1215, anno di promulgazione della Magna Charta Libertatum, e culmina, in ambito europeo, nel 1950, con la firma della Convenzione europea per la salvaguardia dei Diritti dell’Uomo e delle Libertà fondamentali (CEDU). In questo documento viene sancito che un prerequisito essenziale per garantire a tutti gli individui il diritto al fair trial è il servizio di assistenza linguistica gratuita, le cui specificità vengono descritte nella direttiva 2010/64/EU.Nel Regno Unito, già nei primi anni ’90 furono introdotte le prime misure per garantire la qualità e la competenza degli interpreti e dei traduttori in ambito giuridico-giudiziario: nel 1994 fu istituito il National Register for Public Service Interpreters (NRPSI), il registro nazionale a cui erano iscritti tutti gli interpreti per i servizi pubblici che erano in possesso di determinate qualifiche. Per assicurare che solo gli interpreti del NRPSI fossero impiegati in ambito penale, nel 1997 fu introdotto il National Agreement, un accordo non vincolante che regolava l’uso dei servizi linguisti nel Criminal Justice System. La prima versione fu modificata nel 2002 e nel 2007. In seguito ad alcune revisioni per conto del Ministero della Giustizia, nel 2010 fu avviato il processo di esternalizzazione dei servizi linguistici, che si concluse nel 2011 con la stipula del National Framework Agreement tra il Ministero della Giustizia e l’azienda Applied Language Solutions (ALS), che poco prima dell’avvio fu acquisita da un’azienda più grande, CAPITA TI. La scarsa esperienza del Ministero in questo settore, unita alle promesse poco realistiche e alla mancanza di trasparenza di ALS furono le cause principali dei numerosi problemi all’avvio del nuovo contratto che si ripercossero notevolmente sul funzionamento del sistema di giustizia. Dopo l’avvio di un piano di emergenza e un monitoraggio del Ministero, la situazione ha iniziato a ristabilirsi, senza raggiungere però i livelli pre-riforma. A Novembre 2015 è stata indetta la nuova gara di appalto: le minacce di nuovi tagli ai tariffari degli interpreti da una parte, e la partecipazione del NRPSI alla gara d’appalto come candidato al ruolo di ente supervisore della qualità dei servizi linguistici dall’altra, ci pongono di fronte a due scenari futuri molto diversi. L’elaborato è strutturato in quattro capitoli: il primo tratterà del percorso storico che ha portato al riconoscimento del diritto al processo equo, e degli strumenti comunitari a garanzia dell’assistenza linguistica gratuita. Nel secondo capitolo parleremo della situazione inglese, quindi la nascita del NRPSI e del National Agreement e le varie revisioni. Nel terzo prenderemo in esame la riforma del 2011 del Ministero della Giustizia britannico, analizzando diversi documenti: il rapporto della Commissione giustizia della Camera dei comuni 2013, quello del National Audit Office 2012, il sondaggio Involvis 2013, il rapporto indipendente OPTIMITY-MATRIX 2014.

Past is Prologue: Montana’s Historic Women’s Movement Re-emerges in the Progressive 1970s -- Dorothy Bradley, Marilyn Wessel & Jane Jelinski “In the Crucible of Change”

One-hundred years ago, in 1914, male voters in Montana (MT) extended suffrage (voting rights) to women six years before the 19th Amendment to the US Constitution was ratified and provided that right to women in all states. The long struggle for women’s suffrage was energized in the progressive era and Jeanette Rankin of Missoula emerged as a leader of the campaign; in 1912 both major MT political party platforms supported women suffrage. In the 1914 election, 41,000 male voters supported woman suffrage while nearly 38,000 opposed it. MT was not only ahead of the curve on women suffrage, but just two years later in 1916 elected Jeanette Rankin as the first woman ever elected to the United States Congress. Rankin became a national leader for women's equality. In her commitment to equality, she opposed US entry into World War I, partially because she said she could not support men being made to go to war if women were not allowed to serve alongside them. During MT’s initial progressive era, women in MT not only pursued equality for themselves (the MT Legislature passed an equal pay act in 1919), but pursued other social improvements, such as temperance/prohibition. Well-known national women leaders such as Carrie Nation and others found a welcome in MT during the period. Women's role in the trade union movement was evidenced in MT by the creation of the Women's Protective Union in Butte, the first union in America dedicated solely to women workers. But Rankin’s defeat following her vote against World War I was used as a way for opponents to advocate a conservative, traditionalist perspective on women's rights in MT. Just as we then entered a period in MT where the “copper collar” was tightened around MT economically and politically by the Anaconda Company and its allies, we also found a different kind of conservative, traditionalist collar tightened around the necks of MT women. The recognition of women's role during World War II, represented by “Rosie the Riveter,” made it more difficult for that conservative, traditionalist approach to be forever maintained. In addition, women's role in MT agriculture – family farms and ranches -- spoke strongly to the concept of equality, as farm wives were clearly active partners in the agricultural enterprises. But rural MT was, by and large, the bastion of conservative values relative to the position of women in society. As the period of “In the Crucible of Change” began, the 1965 MT Legislature included only three women. In 1967 and 1969 only one woman legislator served. In 1971 the number went up to two, including one of our guests, Dorothy Bradley. It was only after the Constitutional Convention, which featured 19 women delegates, that the barrier was broken. The 1973 Legislature saw 9 women elected. The 1975 and 1977 sessions had 14 women legislators; 15 were elected for the 1979 session. At that time progressive women and men in the Legislature helped implement the equality provisions of the new MT Constitution, ratified the federal Equal Rights Amendment in 1974, and held back national and local conservatives forces which sought in later Legislatures to repeal that ratification. As with the national movement at the time, MT women sought and often succeeded in adopting legal mechanisms that protected women’s equality, while full equality in the external world remained (and remains) a treasured objective. The story of the re-emergence of Montana’s women’s movement in the 1970s is discussed in this chapter by three very successful and prominent women who were directly involved in the effort: Dorothy Bradley, Marilyn Wessel, and Jane Jelinski. Their recollections of the political, sociological and cultural path Montana women pursued in the 1970s and the challenges and opposition they faced provide an insider’s perspective of the battle for equality for women under the Big Sky “In the Crucible of Change.” Dorothy Bradley grew up in Bozeman, Montana; received her Bachelor of Arts Phi Beta Kappa from Colorado College, Colorado Springs, in 1969 with a Distinction in Anthropology; and her Juris Doctor from American University in Washington, D.C., in 1983. In 1970, at the age of 22, following the first Earth Day and running on an environmental platform, Ms. Bradley won a seat in the 1971 Montana House of Representatives where she served as the youngest member and only woman. Bradley established a record of achievement on environmental & progressive legislation for four terms, before giving up the seat to run a strong second to Pat Williams for the Democratic nomination for an open seat in Montana’s Western Congressional District. After becoming an attorney and an expert on water law, she returned to the Legislature for 4 more terms in the mid-to-late 1980s. Serving a total of eight terms, Dorothy was known for her leadership on natural resources, tax reform, economic development, and other difficult issues during which time she gained recognition for her consensus-building approach. Campaigning by riding her horse across the state, Dorothy was the Democratic nominee for Governor in 1992, losing the race by less than a percentage point. In 1993 she briefly taught at a small rural school next to the Northern Cheyenne Indian Reservation. She was then hired as the Director of the Montana University System Water Center, an education and research arm of Montana State University. From 2000 - 2008 she served as the first Gallatin County Court Administrator with the task of collaboratively redesigning the criminal justice system. She currently serves on One Montana’s Board, is a National Advisor for the American Prairie Foundation, and is on NorthWestern Energy’s Board of Directors. Dorothy was recognized with an Honorary Doctorate from her alma mater, Colorado College, was named Business Woman of the Year by the Bozeman Chamber of Commerce and MSU Alumni Association, and was Montana Business and Professional Women’s Montana Woman of Achievement. Marilyn Wessel was born in Iowa, lived and worked in Los Angeles, California, and Washington, D.C. before moving to Bozeman in 1972. She has an undergraduate degree in journalism from Iowa State University, graduate degree in public administration from Montana State University, certification from the Harvard University Institute for Education Management, and served a senior internship with the U.S. Congress, Montana delegation. In Montana Marilyn has served in a number of professional positions, including part-time editor for the Montana Cooperative Extension Service, News Director for KBMN Radio, Special Assistant to the President and Director of Communications at Montana State University, Director of University Relations at Montana State University and Dean and Director of the Museum of the Rockies at MSU. Marilyn retired from MSU as Dean Emeritus in 2003. Her past Board Service includes Montana State Merit System Council, Montana Ambassadors, Vigilante Theater Company, Montana State Commission on Practice, Museum of the Rockies, Helena Branch of the Ninth District Federal Reserve Bank, Burton K. Wheeler Center for Public Policy, Bozeman Chamber of Commerce, and Friends of KUSM Public Television. Marilyn’s past publications and productions include several articles on communications and public administration issues as well as research, script preparation and presentation of several radio documentaries and several public television programs. She is co-author of one book, 4-H An American Idea: A History of 4-H. Marilyn’s other past volunteer activities and organizations include Business and Professional Women, Women's Political Caucus, League of Women Voters, and numerous political campaigns. She is currently engaged professionally in museum-related consulting and part-time teaching at Montana State University as well as serving on the Editorial Board of the Bozeman Daily Chronicle and a member of Pilgrim Congregational Church and Family Promise. Marilyn and her husband Tom, a retired MSU professor, live in Bozeman. She enjoys time with her children and grandchildren, hiking, golf, Italian studies, cooking, gardening and travel. Jane Jelinski is a Wisconsin native, with a BA from Fontbonne College in St. Louis, MO who taught fifth and seventh grades prior to moving to Bozeman in 1973. A stay-at-home mom with a five year old daughter and an infant son, she was promptly recruited by the Gallatin Women’s Political Caucus to conduct a study of Sex-Role Stereotyping in K Through 6 Reading Text Books in the Bozeman School District. Sociologist Dr. Louise Hale designed the study and did the statistical analysis and Jane read all the texts, entered the data and wrote the report. It was widely disseminated across Montana and received attention of the press. Her next venture into community activism was to lead the successful effort to downzone her neighborhood which was under threat of encroaching business development. Today the neighborhood enjoys the protections of a Historic Preservation District. During this time she earned her MPA from Montana State University. Subsequently Jane founded the Gallatin Advocacy Program for Developmentally Disabled Adults in 1978 and served as its Executive Director until her appointment to the Gallatin County Commission in 1984, a controversial appointment which she chronicled in the Fall issue of the Gallatin History Museum Quarterly. Copies of the issue can be ordered through: http://gallatinhistorymuseum.org/the-museum-bookstore/shop/. Jane was re-elected three times as County Commissioner, serving fourteen years. She was active in the Montana Association of Counties (MACO) and was elected its President in 1994. She was also active in the National Association of Counties, serving on numerous policy committees. In 1998 Jane resigned from the County Commission 6 months before the end of her final term to accept the position of Assistant Director of MACO, from where she lobbied for counties, provided training and research for county officials, and published a monthly newsletter. In 2001 she became Director of the MSU Local Government Center where she continued to provide training and research for county and municipal officials across MT. There she initiated the Montana Mayors Academy in partnership with MMIA. She taught State and Local Government, Montana Politics and Public Administration in the MSU Political Science Department before retiring in 2008. Jane has been married to Jack for 46 years, has two grown children and three grandchildren.

Patterns of care and outcomes for pregnant inmates and their infants in Texas state prisons: Epidemiologic and ethnographic analyses

Female inmates make up the fastest growing segment in our criminal justice system today. The rapidly increasing trend for female prisoners calls for enhanced efforts to strategically plan the correctional facilities that address the needs of this growing population, and to work with communities to prevent crime in women. The incarcerated women in the U.S. have an estimated 145,000 minor children who are predisposed to unique psychosocial problems as a result of parental incarceration.^ This study examined the patterns of care and outcomes for pregnant inmates and their infants in Texas state prisons between 1994 and 1996. The study population consists of 202 pregnant inmates who delivered in a 2-year period, and a randomly sampled comparison cohort of 804 women from general Texas population, matched on race and educational levels. Both quantitative and qualitative data were used to elucidate the inmates' risk-factor profile, delivery/birth outcomes, and the patterns of care during pregnancy. The continuity-of-care issues for this population were also explored.^ Epidemiologic data were derived from multiple record systems to establish the comparison between two cohorts. A significantly great proportion of the inmates have prior lifestyle risk-factors (smoking, alcohol, and illicit drug abuse), poorer health status, and worse medical history. However, most of these existing risk-factors seem to show little manifestation in their current pregnancy. On the basis of maternal labor/delivery outcome and a number of neonatal indicators, this study found some evidence of a better pregnancy outcome for the inmate cohort when compared to the comparison group. Some possible explanations of this paradox were discussed. Seventeen percent of inmates gave birth to infants with suspected congenital syphilis. The placement patterns for the infants' care immediately after birth were elucidated.^ In addition to the quantitative data, an ethnographic approach was used to collect qualitative data from a subset of the inmate cohort (n = 20) and 12 care providers. The qualitative data were analyzed for their contents and themes, giving rise to a detailed description of the inmates' pregnancy experience. Eleven themes emerged from the study's thematic analysis, which provides the context for interpreting the epidemiologic data.^ Meaningful findings in this study were presented in a three-dimensional matrix to shed light on the apparent relationship between outcome indicators and their potential determinants. The suspected "linkages" between the outcome and their determinants can be used to generate hypotheses for future studies. ^

Posttraumatic anger in crime victims: Directed at the perpetrator and at the self

This study investigated the targets of anger that are most strongly involved in posttraumatic anger. Using a sample of 218 crime victims, the authors assessed the levels of anger at potential targets (perpetrator, criminal justice system, third persons, and the self ) and their association with severity of posttraumatic stress disorder (PTSD) symptoms. The results revealed that anger was most strongly directed at the perpetrator and at the self, and that anger at other targets was low. Moreover, anger at the perpetrator and at the self showed strong associations with PTSD symptoms, whereas the associations of anger at other targets with PTSD symptoms were low.

Illinois' multiyear strategy to control drug and violent crime, FFY 2004.

In June 2000, the Authority convened a Criminal Justice Planning Assembly in which policy makers, service providers, researchers, practitioners, and elected officials participated. The goals and objectives for the criminal justice system, which came out of the Assembly, were refined in the following months and recommended action steps to address identified priorities were developed. This work resulted in a Criminal Justice Plan for the State of Illinois. A primary purpose of the Plan was the development of a framework for a comprehensive statewide approach to coordinating the allocation and expenditure of all federal and state funds appropriated to the Authority and made available for juvenile and criminal justice purposes. The Plan as well as past funding initiatives, the latest data on drug and violent crime in Illinois, and new criminal justice issues that have arisen in the last several years were taken into account in the development of the strategy. The strategy describes the role that Illinois' Anti-Drug Abuse Act Edward Byrne Memorial Fund award plays in the larger plan for Illinois, coordinating research, policy, and the legislative activities with funding initiatives.

Gender differences in the relationship between offending, self-harm and depression in adolescence and young adulthood

Criminal offending and poor mental health are both recognised as important social problems warranting prevention and intervention efforts. Although there is some evidence for comorbidity between these problems, little research has examined the causal relationship between offending and mental health, particularly for young people. The present investigation addresses these issues by using data from the Sibling Study, a longitudinal investigation of delinquency as self-reported by 731 adolescents and young adults in south-east Queensland, Australia. The results suggest that for young women, but not men, offending behaviours (including the use of illicit drugs) lead to increases in self-harm and depression. Conversely, poor mental health, as indicated by having low self-esteem, a poor future outlook, and a belief that life is very confusing, does not influence subsequent levels of offending for either sex. The implications for prevention and intervention are discussed, with emphasis on the need for the criminal justice system to provide mental health services to young female offenders.

Escalation and deceleration of offending behaviours from adolescence to early adulthood

Relatively little longitudinal research is available in Australia to describe I the age/crime relationship in much detail, particularly patterns of offending occurring during the transition from adolescence to early adulthood. This paper addresses this issue using self-reported criminal involvement from a school-based sample, a group of socially disadvantaged individuals, and a group of officially identified offenders. The findings support the widespread research that rates of offending peak during adolescence, at which time offending is widespread, and that the criminal career is of relatively short duration. However, the results also demonstrate that the age/crime curve is not a unitary phenomenon. The type of offending behaviour being considered, the gender of the population, and the perpetrator's exposure to the criminal justice system contribute to the variability in the curve. In this study, the prevalence and mean level of overall offending for the total sample was higher during early adulthood than adolescence for vehicle offences and drug-use, rates of theft were similar in both periods, and vandalism and serious offending were lower. In addition, socially disadvantaged young people reported involvement in crime that peaked and desisted earlier in the life course compared to the school-based sample, and gender differences within these groups were also found. For the school-based sample, offending for females began and desisted earlier than for males, but within the at-risk group, the opposite was true. Implications for crime-prevention programming are discussed.

The dynamics of power and resistance in police interview discourse

This is a study of police interviewing using an integrated approach, drawing on CA, CDA and pragmatics. The study focuses on the balance of power and control, finding that in particular the institutional status of the participants, the discursive roles assigned to them by the context, and their relative knowledge, are significant factors affecting the dynamics of the discourse. Four discursive features are identified as particularly significant, and a detailed analysis of the complex interplay of these features shows that power and control are constantly under negotiation, and are always open to challenge and resistance. Further it is shown that discursive dominance is not necessarily advantageous to participants, due to the specific goals and purposes of the police interview context. A wider consideration of the context illustrates the contribution that linguistics can make to the use of police interview data as evidence in the UK criminal justice system.

Reactive stalking:a new perspective on victimisation

Although much has been learnt about the psychological and physical harm caused to victims of stalking and cyberstalking, relatively little is known about the impact of stalking on social behaviour and relationships. This paper argues that victims of stalking sometimes go on to employ stalking behaviours against others. Although often arising from an instinctive need for self-protection, such reactive stalking can be defensive or offensive in nature. Those who engage in such behaviour may do so from a need to assert control over their lives, or from fear of further victimisation. In pursuing this argument, a case study is used to illustrate the behaviours described. The case study focuses on the experiences of three stalking victims and describes attempts to victimise the author during his research. The article also discusses some of the implications of reactive stalking for the criminal justice system and the way in which victims receive support.

An analysis of police interview discourse and its role(s) in the judicial process

This study analyses the current role of police-suspect interview discourse in the England & Wales criminal justice system, with a focus on its use as evidence. A central premise is that the interview should be viewed not as an isolated and self-contained discursive event, but as one link in a chain of events which together constitute the criminal justice process. It examines: (1) the format changes undergone by interview data after the interview has taken place, and (2) how the other links in the chain – both before and after the interview – affect the interview-room interaction itself. It thus examines the police interview as a multi-format, multi-purpose and multi-audience mode of discourse. An interdisciplinary and multi-method discourse-analytic approach is taken, combining elements of conversation analysis, pragmatics, sociolinguistics and critical discourse analysis. Data from a new corpus of recent police-suspect interviews, collected for this study, are used to illustrate previously unaddressed problems with the current process, mainly in the form of two detailed case studies. Additional data are taken from the case of Dr. Harold Shipman. The analysis reveals several causes for concern, both in aspects of the interaction in the interview room, and in the subsequent treatment of interview material as evidence, especially in the light of s.34 of the Criminal Justice and Public Order Act 1994. The implications of the findings for criminal justice are considered, along with some practical recommendations for improvements. Overall, this study demonstrates the need for increased awareness within the criminal justice system of the many linguistic factors affecting interview evidence.

Psychic Punishment Costs and Deterrence

In this paper we analyze criminal deterrence in the presence of specific psychic costs of punishments. We consider a dynamic model with three players, analyzing the choices of a representative lawmaker, potential criminal and judge. In our setting the lawmaker decides whether to introduce a fixed punishment enhancement above a chosen threshold of crime level, depending on its popularity among the voters. In reaction, the judge, who is influenced by her own preferences as well as the opinion of her peer group, might change the probability of punishment, through affecting the standard of reasonable doubt. Our results suggest that large discontinuous and mandatory increases in punishment can have unintended effects that are contrary to the stated goal of such punishment enhancements. In equilibrium, when either the judge or her peer group is "anti-punishment" enough, the level of criminal activity might increase in response to the punishment enhancement. This perverse effect is less likely to occur if there is a higher number of peer groups within the "elite", so that a greater extent of self-selection by judges can occur. Our results have relevance for a number of areas outside the traditional criminal justice system as well, such as special courts (such as ecclesiastical or military courts), or the strictness and enforcement of regulations.