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The article explores the relationship between democratic backsliding and governance of crime. By focusing on Serbia, which began to democratize in 2000 but started to backslide already in 2012, the article argues that governance of crime has been largely insulated from the damaging impact of the overall process of democratic decline and has been characterized by mostly moderate and inert penal tendencies. While the autocratic inclinations of the political regime have grown substantively in the last decade, crime has lost salience as a tool for political manipulation: the article proposes that this was mostly owing to an overarching political elite’s narrative that depicts Serbia as a successful and well-governed country, in which (most) crime has ‘withered away’. The article concludes by calling for research that better grasps the specificities of various forms of backsliding to understand the role of penality within them and by assessing the coherence of this finding with some of the key ideas developed within the punishment and society literature.
The article explores the relationship between democratic backsliding and governance of crime. By focusing on Serbia, which began to democratize in 2000 but started to backslide already in 2012, the article argues that governance of crime has been largely insulated from the damaging impact of the overall process of democratic decline and has been characterized by mostly moderate and inert penal tendencies. While the autocratic inclinations of the political regime have grown substantively in the last decade, crime has lost salience as a tool for political manipulation: the article proposes that this was mostly owing to an overarching political elite’s narrative that depicts Serbia as a successful and well-governed country, in which (most) crime has ‘withered away’. The article concludes by calling for research that better grasps the specificities of various forms of backsliding to understand the role of penality within them and by assessing the coherence of this finding with some of the key ideas developed within the punishment and society literature.
Building legitimacy in a coercive prison environment presents a significant challenge for prison workers. Drawing on data from a survey of 465 Slovenian prison workers collected in 2016 and 2022, this study aims to test the stability of prison workers’ sense of self-legitimacy, as prior research strongly suggests that the nature of such legitimacy is fundamentally unstable. Multivariate analyses showed that relationships with prisoners and the internalisation of subcultural norms influenced the self-legitimacy of prison workers in both periods studied. Relationships with colleagues, satisfaction with pay, and with workplace conditions also influenced prison workers’ self-legitimacy in 2016, and education and years of service proved salient in 2022. Results indicate that traditional ‘core variables’ (relationships with colleagues, supervisors’ procedural justice, and audience legitimacy) used to explore legitimacy in criminal justice have limited influence on prison workers’ self-legitimacy. Significant differences were also found in prison workers’ perceptions of self-legitimacy, audience legitimacy, and prison staff subculture in different time periods. Overall, the findings reported here suggest that the self-legitimacy of prison workers is relatively unstable over time. The implications of these findings for both theory and practice are explored.
The article identifies a distinctive model of suspended sentences that exists in contemporary Serbia and Slovenia. By employing Antony Duff 's notion of 'communicative punishment', the article suggests that suspended sentences are a robust and comprehensive penal instrument which promotes an inclusive, dialogic, and non-stigmatizing approach to criminal offenders. To demonstrate this, the article contrasts Duff's theory with three key domains of suspended sentences in the two countries: (a) philosophical and theoretical commitments, (b) substantive and procedural law and (c) execution of sanctions. The article concludes by emphasizing the pronounced capacity of these sentences to communicate confidence and trust of the state that the convicted person will not reoffend - despite a non-custodial sanction. Finally, the article proposes modest legal modifications which pertain to the court's ability to determine relevant facts and communicate better with the offender.
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