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Modem Applications of Traditional SanctionsCriminal Justice Department, University of Nebraska-Kearney, Kearney, Nebraska 68849, U.S.A. Five case examples of traditional sanctions are presented, as practiced in primitive times and in recent incidents depicting customary law-ways in Cheyenne Indian culture, with Alaskan Natives, and as applied to Micronesian Islanders. Contemporary comparisons of traditional law-ways are made with restitution, reflective justice, forms of banishment, and Beccaria's "Properties of Punishment." Comparisons of modern-day usage of restitution, intensive supervision, house arrest, half-way-in house placement, and weekend jail imprisonment are discussed. A similarity is found between primitive sanctions and current recommendations for "intermediate" penalties to alleviate over crowdedness in prisons and jails and for more appropriate types of punishment.
International Journal of Offender Therapy and Comparative Criminology, Vol. 40, No. 4,
347-353 (1996) |
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