Efeito de armadilha das passagens em grelha sobre os anfíbios

As passagens em grelha são infra-estruturas largamente utilizadas para impedir a deslocação do gado, mas que permitem a circulação de viaturas. Porém, também resultam numa armadilha de fosso onde pequenos animais terrestres podem cair inadvertidamente. O principal objectivo deste estudo foi verificar o efeito que as passagens em grelha têm sobre as populações de anfíbios, aquando das suas deslocações sazonais. Estudaram-se 18 passagens em grelha localizadas em duas zonas de amostragem - Elvas e Alandroal - no Alto Alentejo (Portugal). Esta investigação revelou que a principal espécie encarcerada nestas infra-estruturas é o sapo-de-unha-negra (Pelobates cultripes). Em termos gerais, os anfíbios mais terrestres são significativamente (teste do x2) mais afectados do que os anfíbios marcadamente aquáticos. O teste de Mantel mostrou que não existe correlação entre o tipo de passagem em grelha e os anfíbios encontrados nessas infra-estruturas. Para mitigar o aprisionamento de anfíbios nas passagens em grelha, são propostas cinco medidas. ABSTRACT; Cattle grids are infrastructures widely used to avoid the movement of cattle along a road, though allowing the circulation of vehicles. However, they also result in a pit trap where small terrestrial animals may inadvertently fall. The main objective of this study was to check the effect that cattle grids have on amphibian populations, during their seasonal migrations. 18 cattle grids, located in two sampling zones - Elvas and Alandroal- in Alto Alentejo (Portugal), were studied. This investigation showed that the main species imprisoned in these devices is the iberian spadefoot toad (Pelobates cultripes). Generally, the more terrestrial amphibians are significantly (x2 test) more affected than markedly aquatic amphibians. Mantel test showed that there is no correlation between different kinds of cattle grids and the amphibians found in these infrastructures. To mitigate the imprisonment of amphibians in cattle grids, five measures are proposed.

Pytanie o pamięć. Relacje autobiograficzne więźniów obozów koncentracyjnych

This book consists of two main parts. The first part offers a basic methodological introduction, presenting a concise but multifaceted overview of current problems of collective memory. The second part contains a set of interviews with former prisoners of concentration camps carried out by the authors. The research was conducted by Paweł Greń and Łukasz Posłuszny and focuses on issues of collective and cultural memory illustrated by individual life experiences of concentration camps prisoners. The field of oral history serves as the framework of analysis and narrative inquiry as its research tool. Interviews and additional research materials were collected by the authors and are not available in previous publications, making this work a precious supplement to the current scholarly body of knowledge and achievements in the discipline of memory studies. According to the authors, current historical and literary publications provide an incomplete picture of the WWII and its aftermaths for survivors, because descriptions of the war and imprisonment in the camp play still a dominate role in narratives. The importance of these issues in autobiographies is unquestionable and highly needed to create a common identity among generation of prisoners, though authors often wanted to perceive the fate of individuals in a broader perspective – including the periods before and after the war. Hence, interviews stressed personal experiences and their understanding over time by former prisoners. The interviews covered many topics on life before, during and after the camp – among them daily and neutral routines, but also difficult matters. The latter were connected on the one hand with traumatic events or harsh memories and emotions, and on the other hand with less extensively highlighted threads of prisoners’ lives - such as issues of the body and sexuality – and their dependence on particular representation or narrative. The authors are convinced that the book serves not only as a record of past remembered by eyewitnesses, but it also depicts their accounts in wider contexts and discourses, which expose specific dimensions of told and written stories. In the book Questions for Memory one examine the approach proposed by young scholars. Interviews were conducted from 2009-2011, seventy years after the end of the second world war, and this initiative was the result of questions and doubts of the authors from the existing literature. They also wanted to use the unique opportunity to meet with eyewitnesses and record their stories, because when they pass away we will irretrievably lose the possibility to listen to them and to pose sensitive questions. The majority of the interviewees were prisoners of KL Auschwitz-Birkenau, and their experiences differed greatly from each other based on social background and specific experience in the camps as well as their post-camp and postwar life. Aside from persons whose stories are already well known and open, readers will hear the stories of those who spoke only reluctantly and very rarely, or who had remained silent until the present author’s research. Qualitative differences between interviews occurred on the level of established relationship and atmosphere of trust, which varied according to circumstances and individual character and personality. For P. Greń and Ł. Posłuszny, each interviewed person is equally and highly valued due to the collected material and the personal experience of the meetings. Among the ten interviews placed in the book, seven of them are the stories told by women. Their testimonies exemplify realities of everyday prisoners’ existence and gravitate towards mirroring specifically feminine perspectives of imprisonment. For women, crucial problems stemmed from experiences of body that intertwine with suffering, feeling of shame and humiliation. Early discussions on holocaust literature and issues of representation that shaped the Polish narrative and collective memory imposed imperatives of silence on certain topics. A solution for reconciling heroic and inhuman deeds in stories with completely human physiology was impossible and improper for many years. There were also questions about life after, ways of dealing with a trauma or reflections on the present time. During conversations the authors attempted to come closer to something distant and incomprehensible for their generation and for people who did not experience the camps. Despite the fact that there have been seventy years of dealing with these events in literature, art, drama, film, memoirs and scientific works, the past still breeds more questions than answers. The book Questions for Memory serves as an example of this phenomenon.

La pena de prisión y sus alternativas

[ES] el objetivo del presente trabajo es mostrar las características generales de la actual realidad penitenciaria en cuanto a la pena de prisión y las penas alternativas. Se analiza la pena de prisión desde una perspectiva crítica dando a conocer las limitaciones que presenta la prisión en cuanto a los derechos de las personas presas y haciendo una descripción sobre los principales efectos negativos que genera sobre estas personas. Desde la consolidación del Código Penal de 1995 hasta la última reforma penal de 2015 se ha dado un incremento constante de la dureza de las penas, aumentando la duración de la pena de prisión y su cumplimiento dentro de la prisión. Consecuentemente, se reduce la aplicación de las penas alternativas a la prisión, contrariando así el principio constitucional descrito en el artículo 25.2 orientado a la resocialización del penado y el principio de intervención mínima o ultima ratio del Derecho Penal.

Addressing the curious black spot that is the separation between the principle of legality and sentencing

The principle of legality has evolved into a clear and entrenchedjurisprudential mechanism for protecting common law rights and freedoms. It operates as a shield to preserve the scope of application of fundamental rights and fre edoms. In recent years it has been increasingly applied by the courts to limit the scope of legislative provisions which potentially impinge on human rights and fundamental freedoms. Yet there is one domain where the principle of legality is conspicuously absent: sentencing. Ostensibly, this is paradoxical. Sentencing is the realm where the legalsystem operates in its most coercive manner against individuals. In thisarticle, we argue that logically the principle of legality has an importantrole in the sentencing system given the incursions by criminal sanctionsinto a number of basic rights, including the right to liberty, the freedom ofassociation and the deprivation of property. By way of illustration, we setout how the principle of legality should apply to the interpretation of keystatutory provisions. To this end, we argue that the objectives of generaldeterrence and specifi c deterrence should have less impact in sentencing. It is also suggested that judges should be more reluctant to send offenders with dependants to terms of imprisonment. Injecting the principle of legality into sentencing law and practice would result in the reduction in severity of a large number of sanctions, thereby reducing the frequency and extent to which the fundamental rights of offenders are violated. The methodology set out in this article can be applied to alter the operation of a number of legislative sentencing objectives and rules.

Excessive criminal punishment amounts to punishing the innocent : an argument for taking the parsimony principle seriously

Punishing the innocent is incontestably repugnant. Punishing offenders more harshly than is justified is a form of punishing the innocent, yet this practice is commonplace in the United States. This Article sets out a normative argument in favor of less severe penalties for many forms of offenses. There is already an established principle, which limits punishment to the minimum amount of hardship that is required to achieve the objectives of sentencing. The principle is termed “parsimony” and is widely endorsed. Yet, in reality, it is illusory. It has no firm content and in its current form is logically and jurisprudentially incapable of grounding a persuasive argument for more lenient sentences. This Article gives content to the principle of parsimony. It is argued that application of the principle will result in a considerable reduction in the number of offenders who are sentenced to imprisonment and shorter sentences for many offenders who are jailed. The recommendations in this Article will enhance the fairness and transparency of the sentencing system. The argument is especially important at this point in history. The United States is experiencing an incarceration crisis. The principle of parsimony, properly applied, is an important key to ameliorating the incarceration problem. The Article also examines the operation of the parsimony principle in Australia. Unlike sentencing courts in the United States, Australian judges enjoy considerable discretion in sentencing offenders. Despite the vastly different approach to sentencing in Australia, it too is experiencing a considerable increase in the incarceration rate. It emerges that the courts in a tightly regimented sentencing regime (the United States) and a mainly discretionary system (Australia) effectively ignored the parsimony principle. It is not the strictures in the United States that curtail the imposition of parsimonious sentences; rather, it is the absence of a forceful rationale underpinning the principle and a lack of clarity regarding the attainable objectives of sentencing. This Article addresses these shortcomings. In doing so, it paves the way for fundamentally fairer sentencing outcomes in the United States and Australia.

'A gender for change'

Women’s imprisonment campaigns gathered momentum in Victoria, Australia from the late 1970s onwards. Advocates and activists, operating from feminist and often prison abolition principles, used direct action, public education, lobbying and legal tools to create pressure for change in the women’s prison system. Campaigns focused on challenging various harmful and dangerous practices and conditions affecting women in prison, including forced sterilization and the use of prescription drugs for control; lack of access to children and family; excessive strip-searching; the punitive transfer of women to men’s high-security prisons and more (Carnaby, 1998; Cerveri et al., 2005; Cotter, 2008; George, 1993, 1995; Hampton, 1993; Hancock, 1982; Hannon, 2006). Whilst some of these practices have ceased over the past few decades, many of the issues persist, albeit in different forms, and new problems have emerged for anti-prison activists. This paper offers a reflection on some of the complexities present in anti-prison activism focused on ameliorating some of the immediate harms imprisoned women face and the necessary negotiations with the penal state.

Mol, science, religion and narrative identity

Significantly influencing the sociological study of religion, Hans Mol developed ideas of identity which remain thought-provoking for analyses of how religion operates within contemporary societies. Sacred Selves, Sacred Settings brings current social-religious topics into sharp focus: international scholars analyse, challenge, and apply Mol’s theoretical assertions. This book introduces the unique story of Hans Mol, who survived Nazi imprisonment and proceeded to brush shoulders with formidable intellectuals of the twentieth century, such as Robert Merton, Talcott Parsons, and Reinhold Niebuhr. Offering a fresh perspective on popular subjects such as secularization, pluralism, and the place of religion in the public sphere, this book sets case studies within an intellectual biography which describes Mol’s key influences and reveals the continuing import of Hans Mol’s work applied to recent data and within a contemporary context.

A rational (unapologetically pragmatic) approach to dealing with the irrational - the setencing of offenders with mental disorders

People with mental impairment are so heavily over-represented in prisons and jails that jails have been labeled “warehouses for the mentally ill.” In many parts of the United States, there are more mentally impaired offenders in prisons than in hospitals for the mentally unwell. Offenders laboring with impaired mental functioning are often regarded as being less morally culpable for their crimes and hence less deserving of punishment. However, the reduced mental functioning of offenders does not diminish the harm caused to victims. People are no less dead if mentally unwell offenders kill them rather than offenders who are mentally sound. This tension has proven an intractable problem for sentencing law and practice. There are no clear, fair, and effective principles or processes for accommodating impaired mental functioning in the sentencing inquiry. It is an under-researched area of the law. In this Article, I explore this tension. Key to ascertaining the proper manner in which to incorporate mental illness into the sentencing system is clarity regarding the importance of consequences to the offender, as opposed to moral culpability. I analyze current approaches to sentencing offenders with mental health problems in both the United States and Australia. Despite the vastly different sentencing regimes in these countries, both systems are deficient in dealing with mentally ill offenders, but for different reasons. I propose a solution to administering sentences to offenders with a mental disorder that is equally applicable to both sentencing systems. Mental impairment should mitigate penalty. However, in determining the extent and circumstances in which it should do so, it is cardinal not to lose sight of the fact that those who are sentenced for a crime are not insane, and they were aware that their acts were wrong--otherwise they would not have been found guilty in the first instance. I argue that a standard ten percent sentencing discount should be accorded to offenders who were mentally disordered at the time of sentencing. There should be an even more substantial discount when it is likely that offenders will find the sanction--in particular imprisonment--more burdensome due to their mental state. This difference would ensure some recognition of the reduced blameworthiness of mentally impaired offenders and the extra hardship that some forms of punishment inflict on mentally *2 ill offenders, while not compromising the important objectives of proportionality and community protection. The only situations when mental disorder should not mitigate penalty are when the offender is a recidivist, serious sexual or violent offender. In these circumstances, the interests of the community are the paramount consideration. The analysis in this paper applies most directly when a term of imprisonment is imposed. However, the reasoning also extends to the threshold decision of whether or not a term of imprisonment should be imposed in the first place.

Les grandes surfaces suivi de La logique du seuil ou la problématique de l’altérité dans Autoportraits de Marie Uguay et Nombreux seront nos ennemis de Geneviève Desrosiers

Les recueils de poésie Autoportraits de Marie Uguay et Nombreux seront nos ennemis de Geneviève Desrosiers appartiennent tous deux au genre de l’intimisme. Celui-ci est principalement caractérisé par une observation rapprochée du quotidien. Mon projet est constitué de deux volets : une recherche sur l’intimisme chez Uguay et Desrosiers, ainsi qu’un projet de création inspiré de leur poésie. Dans le volet recherche de mon mémoire, je me penche sur la logique du seuil et les rapports problématiques à l’altérité dans ces deux recueils. Dans Autoportraits et Nombreux seront nos ennemis, la position en retrait ou sur le seuil du « Je » permet d’observer ce qui l’entoure en conservant une perspective intime confortable où il ne se retrouve pas confronté à l’altérité. Les poèmes de la partie création de mon mémoire témoignent de l’inventivité dont le « Je » fait preuve afin d’échapper à son quotidien et sont empreints d’une perméabilité entre rêve et réalité. Le quotidien statique se présente comme un piège, un enfermement. La tension entre l’ici et l’ailleurs est exprimée dans les textes par une logique de l’attente; celle d’un nouveau départ et de la réalisation du rêve. Par cette pratique, je souhaite jouer avec les dangers de l’intimisme : ceux d’un narcissisme ou d’un sentimentalisme exacerbés.

Les grandes surfaces suivi de La logique du seuil ou la problématique de l’altérité dans Autoportraits de Marie Uguay et Nombreux seront nos ennemis de Geneviève Desrosiers

Les recueils de poésie Autoportraits de Marie Uguay et Nombreux seront nos ennemis de Geneviève Desrosiers appartiennent tous deux au genre de l’intimisme. Celui-ci est principalement caractérisé par une observation rapprochée du quotidien. Mon projet est constitué de deux volets : une recherche sur l’intimisme chez Uguay et Desrosiers, ainsi qu’un projet de création inspiré de leur poésie. Dans le volet recherche de mon mémoire, je me penche sur la logique du seuil et les rapports problématiques à l’altérité dans ces deux recueils. Dans Autoportraits et Nombreux seront nos ennemis, la position en retrait ou sur le seuil du « Je » permet d’observer ce qui l’entoure en conservant une perspective intime confortable où il ne se retrouve pas confronté à l’altérité. Les poèmes de la partie création de mon mémoire témoignent de l’inventivité dont le « Je » fait preuve afin d’échapper à son quotidien et sont empreints d’une perméabilité entre rêve et réalité. Le quotidien statique se présente comme un piège, un enfermement. La tension entre l’ici et l’ailleurs est exprimée dans les textes par une logique de l’attente; celle d’un nouveau départ et de la réalisation du rêve. Par cette pratique, je souhaite jouer avec les dangers de l’intimisme : ceux d’un narcissisme ou d’un sentimentalisme exacerbés.

Escritura entre rejas: literatura carcelaria cubana del siglo XX

The present dissertation examines literary perspectives, as well as textual and extra textual mechanisms of the Cuban Prison Literature of the twentieth century. By the term “Prison Literature” I refer to the literary works that have been developed inside the prison space –physically inside of it– and to those that take as a focal point jail itself. In other words, literary works about imprisonment created in order to reminisce about a prison experience or to recreate it, and imagine it from the outside. Likewise, I discuss the political, social and cultural context of each of the different periods where the works presented are framed, as well as the metaphorical projection of the concept of “prison” in various significant levels (the island, the city, the body and the language). Our corpus consists of a myriad Cuban intellectual works from the XXth century that we consider to be representative of the Cuban prison literary tradition, which dates back to the nineteenth century –mainly through the figure of José Martí and his poetic testimony El presidio politico en Cuba (1871)– the same continues during the twenty-first century with writers as María Elena Cruz Varela, Roberto Jesús Quiñones, Raúl Rivero, Ángel Santiesteban and Agnieska Hernández...

Dealing with crisis: Early childhood teachers perceived role in supporting children

The study explored how two experienced early childhood teachers support children dealing with crisis in their home environment, namely divorce, domestic violence and imprisonment of parents. The focus was on the relationship between the educational environment (organisation of space, time and relationships in an ecological perspective) and children's emotional well-being. This study builds on studies in Portugal about emotional well-being (Portugal & Laevers, 2010) and about the impact on children from imprisoned parents (Afonso, 2005, Kominsky, Pinto & Miyashiro, 2005, Tavares, 2011), domestic violence (Batista, 2014, Lisboa et al., 2002, Ribeiro, 2010) and divorce (Martons, 2010, Rego, 2008). The theoretical framework was weaved with Laevers (2004) concepts of emotional well-being and involvement and Siraj-Blatchford (2002) and Figueiredo (2013) perspective of pedagogy as including different dimensions of which the educational environment is essential. In-depth interviews with both teachers and some observations of their classroom dynamics were analysed for emerging cross themes in this qualitative study. Anonymity was preserved throughout the study by the use of codes. The study was presented to the teachers and questions were presented in advance. Both teachers expressed preference for adapting existing pedagogical tools (e.g. the classroom diary) and the daily dynamic to support children instead of using special interventions. Domestic violence was seen as the most problematic situation for its repercussions. Attention to emotional well-being, a strong relationship with the child and the families was highlighted. Pedagogy was described as answering different challenges, with a strong emphasis on children's participation. Thematising teachers' pedagogical knowledge is important.

CLASHES IN CONFINEMENT: MEN’S GENDERED EXPERIENCES WITH CONFLICT IN CANADIAN PRISONS

This dissertation presents the results of in-depth qualitative interviews with twenty-three formerly imprisoned men regarding their lived experience with prison conflict and the pain of incarceration. The results suggest that prison is a gendered ‘total institution’ (Goffman 1961). The pains that men experience in prison are uniquely gendered in that the deprivations imposed by incarceration– deprivation of autonomy, liberty, goods and services, heterosexual sex, and security (Sykes 1958) – in the reverse, define idealized masculinity as it is currently socially constructed: self-reliance, independence, toughness or invulnerability, material and economic success, and heterosexual prowess. From these shared deprivations emerges a gendered code of conduct that perpetuates a hierarchy among incarcerated men by constructing violent masculinity as a subcultural norm. The results suggest that the gender code in prison represents a set of rules that create opportunities for men to police each other’s gender performance and make claims to masculine statuses. Because status is inextricably tied to survival in this context, many men feel pressured to perform violent masculinities in prison despite privately subscribing to a non-violent sense of self-concept. The results suggest that violence is an expressive and instrumental resource for men in prison. A gender theory of prison violence, methodological findings, theoretical implications, ethical considerations and the short and long term aftermath of violent prison conflict are discussed.

Mediação Penal e Justiça Restaurativa

Projeto de Graduação apresentado à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de licenciada em Criminologia

27th International Police Executive Symposium, Washington DC, USA, Urban Security: Challenges for 21st Century Global Cities

Goncalo de Melo Bandeira Counter-Terrorism, State of Emergency and Human Rights. In the global cities, the fight against terrorism is a way forward. Prevention of terrorism is another possible way. There are legal systems where the prevailing idea is combating terrorism. Fight, because is possible: life imprisonment or informal death penalty or even torture. While other jurisdictions only follow the prevention of terrorist crime: the retribution and positive general prevention and the resocialization. There may be extreme cases also in restorative justice. The recent terrorist attacks in Paris on 11.13.2015 have shown to the different types of police several problems. Some of those are: the declaration of State of emergency and the consequent restriction of human rights as the privacy of human communication or the liberty of travel by local city citizens or foreign citizens or the public entertainment shows, the problem of money laundering and the restriction of the business as usual, the vicious circle of more isolation from some urban communities, v.g. muslims, and other citizens also; and, brevitatis causa, the criminological problem of the causes and consequences of terrorism.