This chapter applies the theory of symbolic interactionism to present the qualitative analysis of 51 sentencing decisions in domestic violence homicide cases processed in Polish courts. It is argued in this chapter that sentencing, like any other human action, is subject to interpretations at the hands of judges, who engage in the construction and meaning-making process of gender at the sentencing stage. The findings demonstrate the diversely-constructed presence of gendered narratives, which vary in terms of their inclusion of the domestic violence terminology and/or the discussion on the fulfilment of socially-prescribed gender roles. The analysis has exposed a powerful interplay between the judges’ perception of the (abusive) relationship, gender roles, and the defendant’s/victim’s acquiescence to them, which in consequence makes women more likely the subject of double standards of conformity. The chapter offers a qualitative outlook on the topic and invites a new theoretical perspective to shift the attention from the impact of gender – to the meaning of gender – in sentencing decisions.
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This article draws on Robinson, McNeill and Maruna’s argument (2012) about the adaptability of community sanctions and measures, observed through four distinctive penal narratives, in order to shed light on the regional development of community service in Wroclaw, Poland. While the managerial adaptation of community sanctions is underpinned by an inter-agency cooperation to fulfil the goals of the system, the contemporary rehabilitation iteration has become a toolkit of measures predominantly phrased around risk management, the reparative discourse seeks various means to repair harm, and the punitive orientation represent the turn to desert-based and populist sentencing frameworks. In this article, the first three are reflected upon along with the emerging, restorative adaptation of community sanctions. The last one is added to expand on the findings of previous research, which suggests the viability of the restorative orientation for community service in Poland (Matczak, 2018). A brief discussion of how punishment, probation and restorative justice can be reconciled is followed by the introduction of Polish Probation and the role of probation officers in delivering community service in Poland. Although the penal narratives are visible in the Wrocław model to different degrees and in various combinations, more research is required to evaluate the viability of a progressive orientation to punishment during a gradual optimisation of community orders. Originally published: Anna Matczak, The penal narratives of community sentence and the role of probation: The case of the Wrocław model of community service, European journal of probation (Vol. 13 nr. 1) pp. 72-88. Copyright © 2021year (The Author). DOI: 10.1177/2066220320976105
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There remains some debate about whether beta power effects observed during sentence comprehension reflect ongoing syntactic unification operations (beta-syntax hypothesis), or instead reflect maintenance or updating of the sentence-level representation (beta-maintenance hypothesis). In this study, we used magnetoencephalography to investigate beta power neural dynamics while participants read relative clause sentences that were initially ambiguous between a subject- or an object-relative reading. An additional condition included a grammatical violation at the disambiguation point in the relative clause sentences. The beta-maintenance hypothesis predicts a decrease in beta power at the disambiguation point for unexpected (and less preferred) object-relative clause sentences and grammatical violations, as both signal a need to update the sentence-level representation. While the beta-syntax hypothesis also predicts a beta power decrease for grammatical violations due to a disruption of syntactic unification operations, it instead predicts an increase in beta power for the object-relative clause condition because syntactic unification at the point of disambiguation becomes more demanding. We observed decreased beta power for both the agreement violation and object-relative clause conditions in typical left hemisphere language regions, which provides compelling support for the beta-maintenance hypothesis. Mid-frontal theta power effects were also present for grammatical violations and object-relative clause sentences, suggesting that violations and unexpected sentence interpretations are registered as conflicts by the brain's domain-general error detection system.
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