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The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Richter, Martin (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
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The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Drápal, Jakub (advisor) ; Bohuslav, Lukáš (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
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Alternative punishments
Smolová, Veronika ; Krupička, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Alternative punishments Abstract This careful study is devoted to the issue of imposing alternative punishments in the Czech criminal justice system, in particular the imposition of house arrest. The aim of this work is to analyze the imposition of proposed alternative punishments in the Czech Republic and also to describe the current state punishment system. When examining the sentence of house arrest, I focus mainly on the performance of its control (electronic monitoring). The work is divided into six separate chapters. The first chapter is a theoretical introduction to the given issue and in it I discuss the definition of punishment, its purpose, systematics and principles of its imposition. The second chapter analyzes the starting points of alternative punishment and the principle functions of restorative justice, probation and mediation. In the third chapter, I focus on the development of regulation in legal punishment in the Czech Republic, especially with regard to alternative punishments. I mainly analyze the legislation since the adoption of the Criminal Code of 2009, including subsequent amendments. In the fourth chapter, I pay attention to the statistical development of imposed sentences in the Czech Republic. I present the statistics of all persons sentenced to house arrest and other...
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The imposition of penalties on the recidivism
Vltavský, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is focused to issue of imposition of penalties on crimes with sign of recidivism. This problematic is actual, important, and especially wide topic, that relates to sections from international law documents, through principals of constitution law and criminal legal regulation to sources of law that operate the legal presumptions. At the same time recidivism and following imposition of penalty affected by the passage of time and gradual historical development with social changes, that lead to evolution of application and formation of rules tied to the topic. In the introduction of thesis there are explanations and analysis of basic concepts and situations, which are related to pluralistic criminal activity. This is completed by illustrative diagrams and concrete examples for making better idea about differences between types of pluralistic criminal activity and similar cases. Thereafter the content of thesis is heading to main pillars, which connect recidivism and imposition of penalties as general aggravating circumstances, special aggravating circumstances, extraordinary increase of penalty of imprisonment or influence of recidivism to offender's classification to type of jail. There is not just strict description of regulations in force, but there is explained historical...
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Unconditional imprisonment
Bednářová, Marina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Unconditional imprisonment Abstract This diploma thesis deals with the legal institute of unconditional imprisonment. This type of punishment will always be a current issue due to its specific position, because it is, within criminal law, the only primary type of criminal sanction for violation of legally protected interests and, at the same time, it can be imposed for any criminal offense. The addressees of the law also perceive it as the harshest punishment that can be imposed on perpetrators of crimes. The legal regulation of this institute is very detailed but also somewhat fragmented, so the goal of this thesis is to provide a complex and comprehensive picture of this institute, with many partial parts presented by statistical data to better demonstrate the issue. The first chapter of the diploma thesis is devoted to the theoretical concept and definition of unconditional imprisonment, which includes its historical development on the territory of this country and also presents alternatives to unconditional imprisonment, as well as conditional imprisonment. The next part of the thesis focuses on the sentencing to unconditional imprisonment, which can be divided into two parts, the theoretical part includes the principles of sentencing, mitigating and aggravating circumstances and sentencing of specific...
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Imposition of punishments on adults
Pechan, Richard ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposition of punishments on adults Abstract This work is focused on the topic of imposition punishments on adults. The first part defines the concept and purpose of punishment. The characteristics of these concepts are a prerequisite for understanding the following chapters. Retributive, utilitarian and mixed theories of punishment are defined here. The individual functions of punishment are also described here. Another chapter is devoted to the principles of sentencing. The core of the work deals with the gradual analysis of individual criteria that the court takes into account when imposing punishments, together with issues of mitigating and aggravating circumstances. In the final part, attention is paid to the concurrence of crimes, recidivism and their punishment. This part begins with a definition of simultaneity and further elaborates on the three main principles governing the imposition of punishment. Finally, it also provides a detailed overview of the legal concepts of concurrent and aggregate sentences. The thesis is supplemented by selected judgments of the Constitutional Court and the Supreme Court. The main goal of this work is to collect and provide as much information as possible on the issue of imposition of punishments on adults, as well as to analyze the theoretical foundations of this...
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Sentencing in the Czech Republic: An Empirical Investigation
Drápal, Jakub ; Dušek, Libor (advisor) ; van Wingerden, Sigrid (referee) ; Johnson, Brian (referee)
Sentencing in the Czech Republic: An Empirical Investigation Abstract Sentencing is in many respects still terra incognita. This holds true especially for other countries than common law ones and those in the Western and Northern Europe. This dissertation thus empirically studies sentencing practices in the Czech Republic using quantitative methods. It is composed of four articles focusing on various sentencing issues: Firstly, on the influence of judicial experience on sentencing using longitudinal data analyzing judges' trajectories from 2008 onward. It shows that increasing experience reduces inter-judge disparity. Secondly, on analyzing previously underappreciated measure to achieve policy change: Informal authority of the supreme institutions. In 2016 the Prosecutor General's Office and the Supreme Court organized several meetings and seminars for prosecutors and judges in order to persuade them to impose more fines. This paper illustrates that these informal tools might have been underappreciated as they are highly effective. The third paper is dedicated to studying a particular extra-legal characteristics influencing sentencing in Prague: The weather. It builds both on psychological literature showing that weather influences mood and mood often impacts behavior and decision-making and on previous US...
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Imposing punishments on adults
Nechanická, Kristýna ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposing punishments on adults Abstract My diploma thesis deals with the issue of imposing punishments on adult persons. This thesis attempts to cover a very broad range of issues related to the topic and to provide readers with a clear and comprehensive overview. For this purpose, this thesis is presented in four main consecutive parts, each divided into several subchapters. The first chapter briefly introduces the history of punishment and the individual historical criminal codes used in the area of the present-day Czech Republic from 1787 to now. The second chapter begins with a definition of punishment. This term is closely associated with the purpose of punishment, which is harder to define due to the lack of a clear definition in currently applicable legislation. This is why this chapter also deals with the theory of punishment and its purpose. The cornerstone of this thesis comprises the explanation of the main principles governing the imposition of punishment that is provided in the third chapter. This part is rather extensive in scope as it explains general principles, determining the type and the scope of punishment, as well as mitigating and aggravating circumstances and the closely related exclusion of double punishment. Given the current circumstances, I also touched upon punishments imposed...
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Criminal legislation of drug abuse
Tukinská, Markéta ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Herczeg, Jiří (referee)
Title: Criminal legislation of drug abuse Author: Mgr. Markéta Tukinská Supervisor: Prof. JUDr. Jiří Jelínek, CSc. Abstract: Drug abuse is a worldwide problem. The production and illegal trade of drugs is the domain of international organized crime. Illegal weapon trade and human trafficking often follow these activities. The drug abuse means serious threat for the society. It doesn't mean danger only for the drug addict, who is suffering from health problems, which are following the addiction, family and friends alienation, financial problems and losing its place in the society, drug addicts often need medical care, they commit crimes to earn money, because they are unable to do it legally, and they are often carrying and spreading lots of infectious diseases. It's not only the people living on the fringe of society who become drug users. Due to the very rapid lifestyle, consumerism, desire for experiences, which are more intense, even managers who want to be more efficient at their work or young people desiring the amusement are becoming drug users. We should not forget the most famous and abused drug - alcohol. The real danger of this drug is in the social tolerance of drinking alcohol and also its abuse, because not to drink is abnormal for our society. It is not so rare to see on the news that the...
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Unconditional sentence of imprisonment from perpective of theory and practice
Pleva, Jiří ; Jelínek, Jiří (advisor) ; Kalvodová, Věra (referee) ; Herczeg, Jiří (referee)
Unconditional sentence of imprisonment from perspective of theory and practice Dissertation JUDr. Jiří Pleva Abstract Author tried to express his opinions to contemporary theory and practice concerning the unconditional sentence of imprisonment and provide some impulses to an appropriate change in his thesis. The basic motto of the introduced discourse was the statement that the prime sign of the imposed sentence is the loss (evil) caused to the criminal. Author wanted to prove the ineffectiveness of the imposed sentences in the cases when the subsequent execution of the punishments will not be for the criminal appreciable enough, whereas the factual appreciability of the punishment is only ad hoc to be stated regarding to the situation of the particular offender. Generally extended statement was disproved, that the unconditional sentence of imprisonment was always the strictest form of punishment, by the chosen cases from the court room and also from the prison practice. In thesis author tried to emphasize the importance of all basic purposes of the punishment, until now modified in § 23 of the Criminal code (1961) which cannot be left out at considerations either about imposing sentence or after the coming into force of the new Criminal code (2009). In spirit of the mixed theory of punishment he expressed...
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