Education «should not be considered a frill that can be dispensed with in times of economic stress or pressures of work... training should not be directed solely to providing information... but primarily to enhancing the perceptual skills, human sensitivity, and critical abilities of judges and magistrates in handing information and assessing the results of research concerning the effectiveness of different types of
penal measures.»
According to Philip Smith,
penal measures are shaped not only by their instrumental uses but also by public sensibilities.
A lasting stigma that attaches to those people who have been imprisoned does not seem to attach to those who have had other
penal measures imposed on them.
Not exact matches
He suggested and «hoped» that other
penal and penitential
measures might achieve justice, «favour the good of souls and avoid scandal» in an expedited way, especially relevant given Fr Murphy's precarious health.
The
measures include a new statute in the
penal law that is based on the existing hate crime statute.
If there is a law which outlaws the behavior and potentially an addition to the state's
penal code defining the punitive
measures to be taken when one violates the law, then it could subject one to criminal charges.
46 The exception does, however, appear to be applicable only where a prejudicial sanction is imposed, not for
penal purposes, but as a prophylactic
measure to protect society against future wrongdoing by that person.
They dissented from a majority holding that characterized solitary as a benign administrative
measure, observing: «The complete isolation of an inmate from others is quite different from confinement to a
penal institution where some form of contact with people both inside and outside is the norm.
Each of the 1949 Geneva Conventions, taken together, require High Contracting Parties to enact legislation to provide effective
penal sanctions for those persons committing or ordering to be committed a grave breach; to search for those who commit a grave breach; and to take
measures necessary to suppress all acts contrary to the Conventions other than grave breaches.