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Antara Menghukum Atau Mempermalukan: Suatu Upaya Memodifikasi Perilaku (Pengalaman 6 Smu Di Depok, Jawa Barat), Adrianus Meliala Dec 2004

Antara Menghukum Atau Mempermalukan: Suatu Upaya Memodifikasi Perilaku (Pengalaman 6 Smu Di Depok, Jawa Barat), Adrianus Meliala

Makara Human Behavior Studies in Asia

Such dilemma between guilt and shameful has been an interesting topic in the field of social psychology since few times ago. That dilemma persists when discussing social control, self-control, individual moral values, moral standard, cross-cultural influence as well as education-related setting. It is predicted, the one which is more influential, whether guilt aspect or shameful aspect, will one way or another influence the way somebody’s behavior can be modified. This study investigates such tendency which prevails in public schools especially performed by pupils when treating their student’s misconduct. Research question forwarded is whether they exploit punishment or to create shaming …


Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham Oct 2004

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham

Law and Contemporary Problems

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.


Left Out, Louis Michael Seidman Jul 2004

Left Out, Louis Michael Seidman

Law and Contemporary Problems

Seidman presents information on the collapse of the progressive left's position on criminal justice. The faltering of the left in this area is due to inherent contradictions in their position which have weakened their stance overall.


"Predictive Justice"?: Simmons V. Roper And The Possible End Of The Juvenile Death Penalty, S. Starling Marshall Jan 2004

"Predictive Justice"?: Simmons V. Roper And The Possible End Of The Juvenile Death Penalty, S. Starling Marshall

Fordham Law Review

No abstract provided.


How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer Jan 2004

How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer

Journal of Law and Health

This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …


Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson Jan 2004

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson

St. Mary's Law Journal

This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …