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    Tytuł:
    Nieletni sprawcy przestępstw popełnionych pod wpływem alkoholu
    Juvenile Perpetrators of Offences Committed Under the Influence of Alcohol
    Autorzy:
    Krawczyk, Jacek
    Powiązania:
    https://bibliotekanauki.pl/articles/698524.pdf
    Data publikacji:
    1992
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    nieletni sprawcy
    przestępstwa
    alkohol
    alkoholizm
    badania kryminologiczne
    juvenile perpetrators
    offences
    alcohol
    alcoholism
    criminological research
    Opis:
    For many years now, excessive drinking has been among the main symptoms of social pathology in Poland. Also the fact is beyond any doubt that  drinking is strongly related to crime: it is ussually found in over a half of offences known to the police committed by adults. The problem of drinking also plays an important part in the process of juvenile demoralization and delinquency. This fact was noticed by the legislator who, in the Act of October 26, 1982 on proceedings in cases of juveniles, situated drinking among the symptoms of demoralization. Among the juveniles found quality of offences, the proportion of those who drink alcohol is quite large, the offenders’ actual age considered. In recent  years, that proportion has been over 11,0% of all juvenile delinquents. There are also among the juveniles found quality of offences those who committed acts  prohibited by law while under the influence of alcohol. In recent years, the proportion of, such juveniles has been over 5,0% and, shows an upward trend. There is among the excessively drinking juvenile delinquents a decided majority of boys, whose proportion has always been over 91,0% in the last 20 years. The paper reports on a national empirical study of two groups of boys born in 1959. The first group consisted of 100 respondents who committed as juveniles at least one offence while under the influence of alcohol. The other group which also consisted of 100 persons (the control group) were boys selected from among the juveniles delinquents who committed offences but did not drink any alcohol before that act. The source of data on the two groups of respondents were: court files; records of implementation of the educational or corrective measures applied by the court, files of criminal cases for offences committed by those persons as adults; questionnaires sent out to sobering-up stations; as well as standarized interviews with the respondents themselves. The study has shown a number of differences between juveniles who commit offences under the influence of alcohol and the remaining juvenile delinquents. The main such differences are as follows: Different types of delinquency in the broad sense: ‒ offences committed under the influence of alcohol were frequently not the first offences of the examined juveniles (44,0% of cases, as compared to 7,0% in the control group); ‒ such offences were usually committed at the age of 15‒16 (93,0%), that is rather late in the juvenile’s career, at the threshold of statutory age: ‒ the offences committed by the first group were decidedly more aggressive and dangerous for the life and health of their victims than those committed by the control group; ‒ nearly 50,0% of the offences committed under the influence of alcohol were commitied in the streets (control group ‒ 39,3%); ‒ the juveniles who committed offences under the influence of alcohol were acting alone nearly 30 times more often than the remaining juvenile deliquents. In the case of boys who committed offences under the influence of alcohol, their state of health, family situation, and ‒ consequently ‒ also scholastic achievements were inferior to those in the control group: ‒ as few as 67,0% of boys in the first group were brought up in complete families (control group ‒ 82,0%); what is more, in 52,3% of those families disturbed functioning was found which was due to: alcoholism, excessive drinking, serious chronic diseases, disablement, mental disorders, delinquency or prostitution of one or both parents; thus as few as about one-third of the families of juveniles who committed offences under the influence of alcohol were fully efficient educational milieu; ‒ 69,0% of the boys who committed offences under the influence of alcohol were educationally neglected by their parents (control group ‒ 53,0%); ‒ 44,0% of the boys who commiited offences under the influence of alcohol (as compared to 25,0% in the control group) had as children suffered from serious diseases that affected their psycho-physical development, organic lesions or diseases of the central nervous system, or slight or minor degrees of mental deficiency; ‒ 7,0% of the boys who committed offences under the influence of alcohol did not go to school despite the fact that education is compulsory at their age (control group – 2%), and 58,0% (70,7% of those who did go to school) were educationally retarded by one to four years (control group – 51,0% that is 52,6% of the school-goers); The degree of social maladjustment was much higher in the boys who committed offences under the influence of alcohol: ‒ nearly a half of juveniles in that group were recidivists (44,0%, as compared to as few as 7,0% in the control group); ‒ 65,0% of the boys who drank (that is, by about one-third more than  among all juvenile delinqents) were cigarette smokers, and had started smoking long before their first contacts with alcohol; ‒ although the number of juveniles who ran away from home was similar in both groups, those who committed offences under the influence of alcohol did that more often and frequently drank alcohol while vagrant; ‒ 85,0% of boys in the first group (by about 20,0% more than among all juvenile delinquents) used to run the streets unsupervised, 79,0% with demoralized friends: ‒ as few as 5,0% of juveniles who committed offences under the infleunce of alcohol showed no symptoms of social maladjustment, other than those offences (23,0% among all juvenile delinquents), and at least three such symptoms were found in 69,0% (45,0% among all juvenile delinquents). In sum, the group of boys who had committed offences under the influence of alcohol in childhood was in many respects „worse'', and frequently much „worse'' than the control group selected from among all juvenile delinquents. Such boys would prove worse still were they compared with a representative sample of all Poles born in 1959. The facts discussed above prove the truth of the statement that juveniles who commit offences under the influences of alcohol are a high risk group compared to properly socialized young persons. They should therefore be submitted to special care by the competent agencies, including in particular family courts; however, no evidence of such care could be found in the study.
    Źródło:
    Archiwum Kryminologii; 1992, XVIII; 183-211
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Stosunek społeczeństwa kościoła do sierpniowego apelu o trzeźwość
    Social response to the church appeal for sobriety of August 1984
    Autorzy:
    Bielewicz, Antoni
    Powiązania:
    https://bibliotekanauki.pl/articles/699273.pdf
    Data publikacji:
    1989
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    mężczyźni
    abstynencja
    church
    appeal
    sobriety
    society
    representative
    alcoholism
    alcohol
    August
    women
    men
    abstinence
    test
    Opis:
    On the last Sunday of July, 1984, a bishops pastoral was read out for the first time in all Polish churches: it contained an appeal to the nation to abstain from vodka and to be moderate in consumption of other alcoholic beverages throughout August, a special month in the history of Poland. The appeal has a special position in the Church's postwar activities aimed at ,,sobering the nation up". Its chief novelty is the way in which the need for such renouncement is grounded. The authors cite first and foremost the national values: ,Forty years ago, Warsaw ran with blood. It is the highest time now for (...) Poles to bring themselves to a definite act of sobriety as a tribute to those who fell in the streets of Warsaw fighting for freedom and in the name of the noblest ideals. (...) May this great nationwide abstention from vodka become the Nation's moral rising against subjugation which finds one of its most tragic expressions in drunkenness (...). May this be a rising against this aspect of incapacitation of the Polish nation". A similar appeal was also issued a year later and in 1986; in the latter case, it was for total abstinence.               In 1986, a study was carried out at the Lublin Catholic University. It was to define: 1) the range of social backing for the Church appeal of August 1984; 2) the social circles in which the backing was greater vs. smaller; and 3) the state authorities attitude towards that initiative. Examined was a nationwide representative sample of 2,105 persons aged at least 18.               A decided rnajority of Polish society were well-disposed towards the Church's August initiative, 80 per cent of the examined persons expressing a favourable opinion about the appeal. Every fifth respondent voiced his fullest approval. Also most of the examined persons stressed the Church's high prestige and social authority in their statements: in their opinion, these factors should contribute to a higher social approval of the appeal. Others who also backed the appeal pointed to the dangers that result from drunkenness and alcoholism. In many cases) the respondents added to their statements various relevant postulates which they believed the society and government ought to meet. ,,There was a great need for such an appeal'', said one of the respondents, ,,all Polish people should back it." Another one said, In my opinion, this (initiative) is super. The government should give all its backing to it."              About 7 per cent of the respondents were ill-disposed towards the August appeal. Some of them thought it to be senseless; but others were highly aggressive towards it. ,,A clerical whim", was one of such opinions. Women were much better-disposed towards the Church's initiative than men. The Episcopate's pastoral received the warmest reception in medium-sized and big towns, and the coolest-in small towns. Those with secondary and incomplete elementary education were most favourable towards the appeal than intellectuals, and than factorymen in particular.                The respondents were rather skeptical about the results of such appeals. Of the 829 persons who expressed their opinion about this problem, only 16.5 per cent believed such initiatives to be generally effective. They thought most of the nation would comply with the appeal which might thus ,,stop the extention of  drunkenness’’ or ,, hold the nation on the edge of a precipice’’. Their optimistic attitudes resulted from their recent observations. A considerable group of respondents saw ,, a smaller number of drunks in the streets of Polish towns in August’’. About 15 per cent of those who expressed their opinion about this problem estimated the August appeal not to be very effective and thought only the ,,deepest believers’’ would comply with it. 16 per cent of the respondents were ambivalent, and the largest proportion, about 34 per cent of the examined persons, found the Church’s August initiative to be ineffective. Most of the latter thought this situation to result from the fact that ,, those who drink never go to church’’.                 As follows from the study, 10.5 per cent of adult Poles gave their active backing to the August appeal. This means that about 2.8 million of Poles abstained from alcohol in August 1986, thus expressing their solidarity with the Church appeal. Interesting are motives that actuated the decision to comply with the appeal for sobriety. Among them, the motives of a social nature prevail, with over two-thirds of the discussed group of respondents stating that they found the appeal to be just and useful and hence supported it, or that they wanted this way to contribute to the reduction of drinking and alcoholism in Poland, or believed alcohol to bring about much unhappiness and suffering. About 30 per cent of this group mentioned religious motives, including about 27 per cent who were actuated by general, and 3 per cent by personal religious reasons. Women’s response to the appeal was much more favourable than that of men: 12.7 per cent of adult Polish women complied with the appeal for sobriety, as compared with 8 per cent only of adult men. Persons aged over 60 gave the strongest backing to the appeal; also those in their forties and fifties were well-disposed to that initiative. It won but a weak support of the youth, and the least favourable were those aged 26-40. The higher educated circles were less willing to comply with the appeal than those with a lower level of education. The appeal proved most convincing for the population of medium-sized towns and communes; instead, the inhabitants of small towns and big cities were most reserved towards it. Among the professionally active, peasants and intellectuals were much better-disposed towards the bishops pastoral than entrepreneurs, workmen, and especially peasants who have extra jobs as workmen. Of those who are not employed pensioners and housewives were equally inclined to support the appeal, this tendency being weaker among students and schoolchildren. A strong correlation was found between the attitude towards the appeal and religious observance. The church-going persons were better-disposed towards the appeal than those who practice occasionally or not at all. A relation was also found between a Party or trade-union membership and the attitude towards the appeal. Members of the Polish United Workers Party were more critical towards it than persons with no party affiliation; a similar interdependence found also in the case of trade-unions membership.                As shown by statistical analysis, the following traits are most strongly correlated with the attitude towards the appeal: regularity of religious practices on holidays: sex; socio-professional group ; age; type  and size of locality; education; membership of the Polish United Worker’s Party and trade-unions.
                    On the last Sunday of July, 1984, a bishops pastoral was read out for the first time in all Polish churches: it contained an appeal to the nation to abstain from vodka and to be moderate in consumption of other alcoholic beverages throughout August, a special month in the history of Poland. The appeal has a special position in the Church's postwar activities aimed at ,,sobering the nation up". Its chief novelty is the way in which the need for such renouncement is grounded. The authors cite first and foremost the national values: ,Forty years ago, Warsaw ran with blood. It is the highest time now for (...) Poles to bring themselves to a definite act of sobriety as a tribute to those who fell in the streets of Warsaw fighting for freedom and in the name of the noblest ideals. (...) May this great nationwide abstention from vodka become the Nation's moral rising against subjugation which finds one of its most tragic expressions in drunkenness (...). May this be a rising against this aspect of incapacitation of the Polish nation". A similar appeal was also issued a year later and in 1986; in the latter case, it was for total abstinence.               In 1986, a study was carried out at the Lublin Catholic University. It was to define: 1) the range of social backing for the Church appeal of August 1984; 2) the social circles in which the backing was greater vs. smaller; and 3) the state authorities attitude towards that initiative. Examined was a nationwide representative sample of 2,105 persons aged at least 18.               A decided rnajority of Polish society were well-disposed towards the Church's August initiative, 80 per cent of the examined persons expressing a favourable opinion about the appeal. Every fifth respondent voiced his fullest approval. Also most of the examined persons stressed the Church's high prestige and social authority in their statements: in their opinion, these factors should contribute to a higher social approval of the appeal. Others who also backed the appeal pointed to the dangers that result from drunkenness and alcoholism. In many cases) the respondents added to their statements various relevant postulates which they believed the society and government ought to meet. ,,There was a great need for such an appeal'', said one of the respondents, ,,all Polish people should back it." Another one said, In my opinion, this (initiative) is super. The government should give all its backing to it."              About 7 per cent of the respondents were ill-disposed towards the August appeal. Some of them thought it to be senseless; but others were highly aggressive towards it. ,,A clerical whim", was one of such opinions. Women were much better-disposed towards the Church's initiative than men. The Episcopate's pastoral received the warmest reception in medium-sized and big towns, and the coolest-in small towns. Those with secondary and incomplete elementary education were most favourable towards the appeal than intellectuals, and than factorymen in particular.                The respondents were rather skeptical about the results of such appeals. Of the 829 persons who expressed their opinion about this problem, only 16.5 per cent believed such initiatives to be generally effective. They thought most of the nation would comply with the appeal which might thus ,,stop the extention of  drunkenness’’ or ,, hold the nation on the edge of a precipice’’. Their optimistic attitudes resulted from their recent observations. A considerable group of respondents saw ,, a smaller number of drunks in the streets of Polish towns in August’’. About 15 per cent of those who expressed their opinion about this problem estimated the August appeal not to be very effective and thought only the ,,deepest believers’’ would comply with it. 16 per cent of the respondents were ambivalent, and the largest proportion, about 34 per cent of the examined persons, found the Church’s August initiative to be ineffective. Most of the latter thought this situation to result from the fact that ,, those who drink never go to church’’.                 As follows from the study, 10.5 per cent of adult Poles gave their active backing to the August appeal. This means that about 2.8 million of Poles abstained from alcohol in August 1986, thus expressing their solidarity with the Church appeal. Interesting are motives that actuated the decision to comply with the appeal for sobriety. Among them, the motives of a social nature prevail, with over two-thirds of the discussed group of respondents stating that they found the appeal to be just and useful and hence supported it, or that they wanted this way to contribute to the reduction of drinking and alcoholism in Poland, or believed alcohol to bring about much unhappiness and suffering. About 30 per cent of this group mentioned religious motives, including about 27 per cent who were actuated by general, and 3 per cent by personal religious reasons. Women’s response to the appeal was much more favourable than that of men: 12.7 per cent of adult Polish women complied with the appeal for sobriety, as compared with 8 per cent only of adult men. Persons aged over 60 gave the strongest backing to the appeal; also those in their forties and fifties were well-disposed to that initiative. It won but a weak support of the youth, and the least favourable were those aged 26-40. The higher educated circles were less willing to comply with the appeal than those with a lower level of education. The appeal proved most convincing for the population of medium-sized towns and communes; instead, the inhabitants of small towns and big cities were most reserved towards it. Among the professionally active, peasants and intellectuals were much better-disposed towards the bishops pastoral than entrepreneurs, workmen, and especially peasants who have extra jobs as workmen. Of those who are not employed pensioners and housewives were equally inclined to support the appeal, this tendency being weaker among students and schoolchildren. A strong correlation was found between the attitude towards the appeal and religious observance. The church-going persons were better-disposed towards the appeal than those who practice occasionally or not at all. A relation was also found between a Party or trade-union membership and the attitude towards the appeal. Members of the Polish United Workers Party were more critical towards it than persons with no party affiliation; a similar interdependence found also in the case of trade-unions membership.                As shown by statistical analysis, the following traits are most strongly correlated with the attitude towards the appeal: regularity of religious practices on holidays: sex; socio-professional group ; age; type  and size of locality; education; membership of the Polish United Worker’s Party and trade-unions.
    Źródło:
    Archiwum Kryminologii; 1989, XVI; 101-139
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Kryminogenność alkoholizmu
    The Role of Alcoholism in Generating Crime
    Autorzy:
    Mazur, Andrzej
    Powiązania:
    https://bibliotekanauki.pl/articles/698508.pdf
    Data publikacji:
    1991
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    kryminogenność
    alkoholizm
    badania katamnestyczne
    mężczyźni
    leczenie uzależnień
    generating crime
    alcoholism
    catamnestic research
    men
    addiction treatment
    Opis:
    The sample consisted of 718 men diagnosed as alcoholics and subjected to disaccustoming treatment at a mental hospital in Łódź in the years 1971-1975. They constituted over 98 per cent of hospital patients in that period, and over 87 per cent of them were sent to hospital treatment by the court. During the treatment on the disaccustoming ward, which lasted about three months on the average, extensive biographical material about each of the patients was gathered. In 1985, a follow-up examination was carried out with the aim to estimate the effects of treatment. All of the men were found to have relapsed into alcoholism at different times, mostly during several weeks after discharge. The examined sample included 429 men (59.7 per cent) with criminal records; in the case of 396 of them (92.3 per cent), their first conviction was preceded by the average of eight years of excessive drinking (from one to twenty-six years). Thus the men in the sample infringed the law at a much older age as compared with the total male population in Poland in the discussed period. The material presented in this paper concerns the role of alcoholism as an individual person’s illness rather than the role of alcohol as a crimegenerating factor. As shown by an analysis of a number of comparative data, biographies of the sample from before the emergence of the alcohol problem reflected the phenomena and processes taking place in the country. This concerns in particular migration to towns, advancement of the succeeding generations, the level of professional qualifications at the peak of economic activity, and the level of education. Also as regards behaviour, the men in the sample probably had not differed, before being subjected to disaccustoming treatment, from typical male representatives of excessively drinking circles, and particularly from alcoholics. The study included a comparison of the sample’s criminal records with the records of men in Poland in the years 1954-1985: the proportion of persons with criminal records among alcoholics proved nearly twice higher. Still more drastic differences were revealed by means of comparison of the incidence of the separate penalties and the numbers of convictions: penalties not involving deprivation of liberty were imposed over twice less frequently upon alcoholics, who instead were conicvted to over two years of imprisonment 4.5 time more often. Finally, the proportion of alcoholics convicted only once was twice lower, and of those convicted at least six times – 3.3 times higher than in the total population of convicted persons. This accumulation of multiplicities made it possible to estimate the threat of alcoholics’criminal acts at five to six times the index for the total male population. Further comparisons, this time concerning the types of offences committed, led to distinguishment of two such types which are typical of alcoholics: namely, offences against family, guardianship, and young persons, and those against private property. The number of convictions of alcoholics for offences against family was three times larger, and for those against private property – 1.3 larger; instead, convictions for offences against life and health, honour and bodily inviolobility, and public property were as frequent among alcoholics as in the total male population, and the number of alcoholics convicted for all of the remaining types of offences was 2.5 times smaller. An attempt was also made to identify the dominant crimegenerating factors in life histories of the men in the sample which provided a rich documentary evidence. Seven such factors were distinguished. Next, a matrix was constructed of their coincidence in pairs, and five factors were determined which are most strongly related to crime. The were: 1) excessive drinking under 19; 2) lack of permanent employment for at least 40 per cent of the time since leaving school; 3) an interval of at least one year from ending or leaving school till the first job; 4) lack of professional qualifications both of the examined man and of his father. Obviously, the latter factor results from chance and escapes any preventive activities. The remaining three, instead, concern the sphere of behaviour which may be subjected to appropriate preventive treatment, chiefly in the case of young persons threatened with alkoholism who  still have no criminal record and maintained by their famikies despite  having finished or left school, Since a long time, category of young persons living in a specific subculture has been pointed to as a crimegenerating group. Those, instead, who regularly evade permanent work and confine themselves to odd jobs, unlicensed trade, or simply sponge on  their families, require an entirely different preventive treatment.  
    Źródło:
    Archiwum Kryminologii; 1991, XVII; 287-338
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Analiza przestępczości wielokrotnych recydywistów
    Delinquency of persistent recidivists
    Autorzy:
    Szelhaus, Stanisław
    Powiązania:
    https://bibliotekanauki.pl/articles/698890.pdf
    Data publikacji:
    1969
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    przestępczość
    recydywa
    kara pozbawienia wolności
    młodociani
    więzienie
    włamanie
    kradzież
    alkoholizm
    crime
    recidivism
    imprisonment
    juvenile
    prison
    burglary
    theft
    alcoholism
    Opis:
    1. The first part of the paper deals with the data from criminal records, pertaining to the delinquency of all thb 440 prisoners recidivists who within a two-year period entered the Warsaw Central Prison and who corresponded to the previously mentioned criteria. 42% out of the total of these recidivists were aged between 26 and 30, 58% - between 31 and 35, their average age being about 31. Two-thirds lived in the Greater Warsaw area, 15% in small towns and settlements on the outskirts of Warsaw and 7%  in nearby villages. The average number of convictions after 17, amounted to 6,7 in regard to 440 recidivists. 40% were convicted 4-5 times, 35 - 6-7 times, 25% - 8 times and more. As far as their stay in prison is concerned it can be stated, that 26%, of the recidivists stayed in prison only four times,44% - 5-6 times and 21% - 7 times and more. Investigating the age of recidivists at which they were first brought to courts after 17, it was established that 20% were first tried at the age of 17, 18% at 18 and 29% between 19 and 20. Only 33%, of recidivists were first convicted when they were 21 or older. The beginning of delinquency with respect to persistent recidivists was however much earlier; results of detailed investigations relating to 220 out of those 440 recidivists revealed a considerable percentage of subjects commiting thefts when they were not older than 17 (these data are quoted below together with the results of investigations on the 220 recidivists). Taking into account all the offences for which 440 recidivists were convicted and for the perpetration of which they were suspected (if they were remanded in custody awaiting trial), it can be asserted that 59%, out of 3,862 were offences against property of which thefts amount to as many as 75,6%. Offences against person constitute 15% ot the total of offences. Most of them did not involve any serious consequences for the victim, - minor assaults constituting 43%, light bodily injury 24%, maltreating his wife and children by an alcoholic recidivist - 17%. Assaults on public officers (nearly always committed in state of inebriety) constitute 12% of all the offences. Out of 3,862 offences only 201 (5%) may be classified as serious acts of aggression, 148 of which were robberies. Although 150 (34%) recidivists committed these 201 serious acts of aggression, the overwhelming majority were convicted only once for the perpetration of that type of offence. Only 41 recidivists (9%) committed two or more offences connected with aggression; out of those 41 offenders 23 were convicted for the perpetration of robberies. The 440 recidivists were divided into categories taking into account the kind of offences they committed; it appeared, that two-thirds of the recidivists were convicted for the perpetration of different offences. Only 24% were convicted for the perpetration of offences against property exclusively and only with 28% such offences distinctly outweighed any other offences. A category of recidivists (9%) convicted several times for offences against person exclusively and for insulting or attacking public officers (mostly policemen) is also worthy to be mentioned as well as such recidivists (16%) with whom these offences connected with aggression distinctly outweighed any other offences. By comparing the length of time during which, since they were 17, the persistent recidivists stayed in prison with that during which they were at liberty it has been established that about 30% of them stayed longer in prison than at liberty; nevertheless, about 32% stayed at liberty for at least three-fourths of the entire period after they were 17. The rate of recidivism is reflected in the data relating to the average stay at liberty of 440 recidivists. Almost half of them (46%) stayed at liberty for a relatively short time - less than a year - (with 13% it did not exceed 6 months). In 40% of cases the average stay at liberty lasted from one year at least to less than two years and only with 14% it lasted at least two years. Worthy of mentioning are also the following data on the longest stays at liberty, indicating that the rate of recidivism was formed in different ways. Only 12,5% of recidivists did not stay longer at liberty, between arrests, than 1 year while 23% stayed at liberty for 3-5 years at least once in their lifetime, counting from their release from prison until the new arrest. 10% stayed at least once at liberty for as long as 5 years. 2. The above data on delinquency of 440 recidivists, based exclusively on the information contained in registers, will be now completed by essential, additional data from judicial records, obtained during detailed investigations on 220 out of the 440 recidivists. In the beginning however, it is necessary to give the results of investigations concerning the origins of delinquency of recidivists when they were under 17. These results are based on data revealed in Juvenile Courts and on information received from the recidivists themselves and from their mothers. If only such cases are taken into account on which objective information could have been obtained from Juvenile Courts (136), it appears, that 63% of recidivists were found guilty by the courts already under 17 or else confessed to repeated perpetration of thefts for which they had not been tried. On the other hand, basing on the incomplete data on all the 220 recidivists it was ascertained that at least 57% committed offences (thefts) as juveniles, 37% were found guilty by the courts and 20% committed unrevealed thefts. The delinquency of 25% of recidivists began already under 13 (this percentage is in fact undoubtedly higher). Thus, the results obtained from investigations on persistent recidivists aged between 26 and 35 correspond to the results of previous investigations carried out on recidivists under 26, most of whom began committing offences also at the time of their juvenility On the basis of judicial records one may characterize the type of offences and the manner of committing them by the investigated 220 recidivists, after their 17th year. As far as thefts are concerned the percentage of burglaries amounts to 40% while burglaries into shops and stores do not exceed 25% and into houses 23%. Among thefts perpetrated without burglaries a fair number constitute thefts committed in private houses, petty thefts in places of work and stealing from drunkards. Pocket thefts are only 5%. The value of stolen property did not exceed 500 zł in 3% of the thefts and 2,000 zł in 61% of cases. Losses exceeding 10,000 zł were stated only in 10% of the total of thefts according to the material under investigation. It should be emphasized that the analysis of judicial records and investigations of recidivists have shown that a large majority of them commit various types of thefts and cannot be classified as thieves with a definite specialization. Even among recidivists who committed several burglaries only 5 could be classified as offenders committing a definite type of theft. The number of recidivists convicted for three or more burglaries is after all very small as it amounts to 29 (scarcely 16% out of the total of the investigated recidivists). Investigating robberies committed by the recidivists it was first of all ascertained that only 23% were committed by sober offenders (besides, the victim was sober only in 45% of cases). 65% of robberies were committed in the streets (or in parks). Only 21% of robberies were planned and carefully prepared (robberies in houses of well-off persons). 32% constitute robberies in the streets, parks etc. on persons unknown to the offender. Victims of the remaining robberies were persons with whom offenders were drinking alcohol before (the victims were often previously convicted). It should be mentioned that 80% of victims did not sustain any bodily harm whatever. Examining offences against person, committed by the investigated recidivists (90% of which constitute offences of no serious consequences to the victims) it can be asserted that almost all offenders acted under the influence of alcohol and that nearly half of the offences (46%) were committed by two persons at least. Regarding motives of those offences, there were no motives at all in 35% of cases; hitting a passer-by in the street or beating him up was done by an inebriate offender for no reason. There were some insignificant reasons in the remaining cases but the reaction of the inebriate offender was distinctly inadequate to the circumstances of the incident. Similarly, insulting or attacking the policemen was perpetrated by inebriate recidivists only. For the most part (47%) these offences were connected with arrests of the recidivists for some misdemeanours (i.e. drunkenness, disorderly behaviour), rarely for committing an offence (30%). In 23% of cases assaults on policemen were connected with establishing the identity of an inebriate recidivist in the street. Already the analysis of the material contained in judicial records testifies to the fact that frequent alćoholization plays an important part in the etiology of the recidivism and that individłals abusing systematically of alcohol appear in large numbers among the recidivists. 3. An attempt to isolate definite categories of offenders from among 220 of investigated recidivists gave the following results: A. 70% out of the total number of recidivists constitute those recidivists, whose offences against property (thefts as a rule) outweigh considerably any other offences they ever committed. B. 29% of them constitute such recidivists who either did not commit any offences against property at all or committed them only exceptionally. The first category of recidivists (A) comprising 152 prisoners could be divided into two separate groups of recidivists: A1 - a group of recidivists (93) who could be defined as professional offenders, since their chief or only source of maintenance were gains from offences, and A2 - a group of recidivists (59) who perpetrating almost exclusively offences against property, nevertheless have also other sources of stable income. Group A1 - could be divided into two sub-groups (of a similar number of men) consisting of recidivists who commit serious thefts (and robberies) and recidivists who commit only petty thefts as a rule. Recidivist from both sub-groups classified as professional offenders, began committing offences as a rule already in their juvenility (over 80%). As many as 59% abused of alcohol in large quantities already under 21. The percentage of alcohol addicts amounts to 42% in the first sub-group. and up to 69%, in the second. The highest percentage of recidivists (75%) who spent the larger part of their life in prison, appeals among recidivists classified as professional offenders perpetrating serious offences. They are characterized by a more rapid recidivism as compared with other groups of recidivists since their average stay at liberty between subsequent arrests did not exceed six months in 41% of cases and in 85% of cases lasted less than a year. Already these data testify to the fact that although these recidivists were classified as professional offenders since as a rule they had no other sources of maintenance than gains from offences they committed, they nevertheless differ substantially from genuine professional offenders, who usually stay at liberty for long periods of time. Besides, they differ substantially from genuine professional offenders also in that that there are no such recidivists among them (with a few exceptions) who would possess a definite specialization in stealing and would perpetrate a definite sort of theft (pocket thefts, burglaries etc.). Although this sub-group of recidivists were isolated because of the serious thefts they had perpetrated, nevertheless a majority of the thefts did not cause any considerable losses. The second sub-group of recidivists, also defined by the term of professional offenders, in even smaller degree resembles the type of a genuine, professional offender. There is not even one recidivist among them who would commit thefts of a definite type; they commit petty thefts as a rule and some of them live on gambling, illegal trade or fencing. In contrast to the recidivists of the first subgroup (professional offenders committing serious thefts), the recidivists committing petty offences against property stayed at liberty for a much longer time - only 36% stayed in prison for more than half the period of time which elapsed since they were 17. The rate of their recidivism is much slower as only in one-fourth of cases the average stay at liberty between subsequent arrests did not exceed 6 months (in the former group as many as 41%). Finally it should be mentioned that recidivists classified as professional offenders (from both sub-groups) committed, besides the offences against property, also offences against person and police when under the influence of alcohol. Offences against property amount to 75/" of the total of perpetrated offences in the first sub-group, while in the second they amount only to 59% The A2 recidivists committing offences against property, which does not constitute their main source of maintenance, do not form a uniform population of offenders. There are recidivists among thęm who work more or lęss systematically and who committed thefts not connected with the abuse of alcohol, as well as recidivists (and they constitute a majority among the A2 recidivists) who commit petty thefts connected with their alcoholism (the percentage of alcohol addicts in this group is the highest and amounts to 80%). With regard to these recidivists the beginning of their abuse of alcohol preceded the beginning of perpetration of offences and a considerable percentage of thefts is committed in state of inebriety. 56% ot these recidivists began abusing of alcohol already under 17. An altogether separate category of recidivists constitute offenders isolated as recidivists B (29% of the total of investigated recidivists) who committed offences mostly with the use of aggression (against total strangers as a rule), qualified as hooligan offences. Thefts, which they commit very rarely, constitute rather a secondary or even episodical phenomenon in their life, and are usually perpetrated occasionally, without any definite plans. The category of recidivists B now under consideration, contains a small (23) group of recidivists who committed several thefts (3,3 per person); almost all (83%) began committing offences and abusing of alcohol as juveniles (81% of them abused of alcohol already under 19). In general, their way of life could be defined as parasitic. The percentage of alcohol addicts amounts tp to 73%. Other recidivists belonging to the same category of offenders persistently committing aggressive offences (qualified as hooligan offences), against person or police, perpetrated almost exclusively offences of that sort (the average number of thefts per person amounting only to 1,5). They began committing offences much later (hardly 19% committed them as juveniles), and as many as 50% were first tried at 21 or later. The percentage of alcohol addicts amounts in this category to 50%. Almost all of them began abusing of alcohol early, only 32% started at 19 or later. This group contains recidivists with the smallest number of convictions - half of them were convicted only 4 - 5 times. Some 60% worked rather systematically. In this way, persistent recidivists constitute a vęry varied population of offenders. Recidivists committing exclusively offences against property do not exceed 27%. It is also significant that as many as 25 recidivists, committing thefts exclusively, can be found in 4 different groups of recidivists. A typical occurrence is the perpetration, under the influence of alcohol, of offences against person, not involving any serious consequences for the injured. Similarly, very significant is the fact that among the investigated persistent recidivists there are virtually no representatives of the type of a genuine, professional offender; most offences against property involved only trifle losses. Considering the intensity and rapidity of thę recidivism one is confronted with following questions: why penalties inflicted on the persistent offenders have proved ineffective; did recidivism occur as rapidly after short penalties as after the long ones; was long imprisonment inflicted on thęm also at the beginning of their delinquency, etc. This work could not dwęll at length on the above problems. We may merely content ourselves with quoting the following essential results of investigations concerning penalties inflicted on 400 recidivists. An analysis of their stays at liberty after they had served all the sentences which amounted up to 6 months, from 7 to 11 months, from 1 year to less than 2 years, from 2 years to less than 3 years and from 3 years upwards - revealed, that a long prison term of at least 3 years has not proved more effective than a short one up to 6 months. Moreover, it appeared that long prison terms are followed by shorter, on the average, stays at liberty than the short ones. Even in case whęn high penaities involving 2-3 year imprisonment were inflicted at the first, the second or the third trial, results were not any better than in case of short-term penalties. The analysis of penalties inflicted on 44 recidivists, classified as professional offenders committing serious offences against property, revealed, that although nearly half of them were sentenced, at least once, to 5 years or more, the rate of their recidivism did not prove less rapid than after much shorter prison terms. It should be recalled, that only 25% of these recidivists stayed longer at liberty than in prison after they were aged 17. Thus, the results of investigations confirm the experience of many other countries indicating, that with regard to those recidivists who were seriously maladjusted and anti-social since their juvenility, mere imprisonment which is usually resorted to, irrespective of its length, has proved as a rule disappointing.
    Źródło:
    Archiwum Kryminologii; 1969, IV; 11-58
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Koncepcje przeciwdziałania alkoholizmowi i narkomanii w Polsce okresu międzywojennego
    Ideas on counteracting alcohol and drug addiction in Poland between the two world wars
    Autorzy:
    Nelken, Jan
    Powiązania:
    https://bibliotekanauki.pl/articles/699251.pdf
    Data publikacji:
    1987
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    alkoholizm
    narkomania
    kokainizm
    trzeźwość
    alkohologia
    przeciwdziałanie
    alcohol
    ustawodastwo
    leczenie
    alcoholism
    drug addiction
    cocainism
    sobriety
    alcohology
    counteraction
    legislation
    treatment
    Opis:
    The birth of the independent Poland in 1918 activated a social movement against alcoholism and drug addiction. In 1919, the Polish Society for Fighting Alcoholism ,,Trzeźwość'' ("Sobriety'') was established which operated nationwide and which in the period between the two wars became the main factor of fighting alcoholism. In the light of the Statute of "Trzeźwość" and resolutions of the Polish anti-alcoholic congresses, as well as the postulates of psychiatrists, the ideas of how to fight alcoholism included three spheres: a. anti-alcoholic legislation and its practical enforcement; b. anti-alcoholic propaganda and education; c. treatment of alcoholics.             In 1919, a draft was submitted to the Diet that proposed a total prohibition of production and sale of alcoholic beverages. It was referred to a Diet commission which subsequently changed its contents. Then. The Diet passed an Act of 23 April 1920 on restrictions in sale of alcoholic beverages. The Act, based on a concept of partial prohibition. Introduced considerable restrictions in sale of beverages containing over 2.5 per cent of pure alcohol, and a total prohibition of sale of beverages with over 45 per cent alcohol. Moreover, the sale of alcohol was prohibited to workers on paydays and holidays, as well as at markets, fairs, church fairs, pilgrimages, on trains and at railway stations. According to the Act, each rural or urban commune could introduce on its territory a total prohibition of sale of alcoholic beverages by voting. The Act limited the number of places where alcohol could be sold or served to one per 2,500 of the population all over the country. A licence issued by administrative authorities was required to sell or serve alcohol. The statutory instrument to this Act created commissions for fighting alcoholism of the 1st and 2nd instances which were to supervise the compliance to the Act of 1920 and to impose penalties provided for the infringement of its provisions. The commissions consisted of representatives of the State administration and social organizations engaged in fighting alcoholism. Moreover, the Act of 2l January 1922 introduced a penalty of fine or arrest for being drunk in public. A person who brought another person to the state of intoxication was also liable to these penalties.             The complete execution of the anti-alcoholic Act met with obstacles: for instance, alcohol was secretly served on the days of prohibition (e.g. during fairs). The Act of 31 July 1924 established the Polish Spirit Monopoly (P.M.S.). The production of spirit and pure vodka thus became a State monopoly' Production and sale of the P.M.S. beverages increased gradually as it constituted an important source of the State revenue. For this reason. a new anti-alcoholic Act of 21 March 1931 was passed which greatly reduced the restrictions in the sale of alcohol as compared with former regulations. A further reduction in these restrictions resulted from Acts of 1932 and 1934. The P.M.S. Board of Directors argued that a growth in production was necessary to suppress illegal distilling of alcohol the products of which were imperfectly rectified and threatened the health of the population. Instead according to the conception of "Trzeźwość’’ and other social organizations engaged in fighting alcoholism. illegal distilling of alcohol should be detected and suppresed by the police while it was in the interest of the health and morals of the population to curtail greatly the sale of alcohol and for this reason it was necessary to reintroduce the anti-alcoholic Act of 1920 However, in consideration of the State's fiscal interests. the Act was not reintroduced and the other Acts that extended the production and sale of the P.M.S. products were only replaced after World War II.             According to the ideas of ,,Trzeźwość'' and other organizations fighting alcoholism, anti-alcoholic propaganda and education should be made by professionals and have a wide range, since it is impossible to fight alcoholism without informing the population of the harmful effects of alcohol. Guidelines for this activity were worked out at the Polish anti-alcoholic congresses of which there were seven in the period between the wars.             Besides, in 1937 the 21st International Anti-Alcoholic Congress took place in Warsaw during which the Polish draft of an international anti-alcoholic convention was Supported. The draft provided a considerable limitation of alcohol sale, a regulation of penal liability for offences and transgressions committed in the state of intoxication, and lectures on alcohology in schools. The states signatories to the convention would be called upon to pass acts consistent with the content of the convention. The work on this draft was stopped by the outbreak of the war.             The resolutions of the Polish anti-alcoholic congresses demanded lectures on alcohology in all types of schools, at teachers courses and at specialist courses for employees of various departments, the Ministry in of Communication particular. The range of alcohology taught at schools should be conformed to the type of school and the general knowledge or students. The postulate of teaching alcohology in schools was partly realized and courses were organized for railway employees by the Abstainer Railwaymen League. At the State School of  Hygiene in Warsaw a several days course in alcohology was organized every year in which 200--300 persons participated, mainly teachers, physicians and clergymen of various denominations. Besides, ,,Trzeźwość'' organized travelling exhibitions that made tours of towns to show the harmful effects of alcoholism. The Abstainer Railwaymen League organized, an exhibition in a railway carriage which was visited by many thousands of persons at railway stations in different parts of the country. A lecturer on alcohology was employed to have talks during the exhibition. In early February every year a nationwide Sobriety Propagation Week was organized. Various publications were also brought out which demonstrated the harmful effects of alcohol and the ways of fighting alcoholism, both scientific and those for general use. Treatment  of alcoholics was postulated; it was carried out in closed hospital wards or in out-patient clinics. The former was more effective; however it was less frequently applied as compared with the out-patient treatment since there were no provisions which would  legalize compulsory treatment of alcoholics and drug addicts and it was easier to obtain the patient's consent to treatment in a clinic than in a hospital. Compulsory treatment was only possible if the court applied medical security measures in cases of offences connected with abuse of alcohol or drugs. (Art. 82 of the Penal code of 1932). The mental hygiene, movement, initiated in Poland in the early thirties, resulted in a growth in the number of clinics engaged in prevention and treatment, that is in a development of treatment of alcoholics in specialized anti-alcoholic clinics. The necessity of taking the children of alcoholics under educational and medical indicated. An important part is this field fell to social nurses attached to the clinics whose task was among other things to bring the alcoholics children to the clinic and see to their medical treatment if necessary. The organization of special schools for mentally deficient and morally neglected children, whose parents were frequently alcoholics, was also initiated.             Psychiatrists demanded an elaboration and introduction of an act on compulsory treatment of alcoholics and drug addicts, organization of special wards for notorious alcoholics in mental hospitals, prolongation of treatment from 6 to 12 months (which was considered particularly necessary in the case of chronic alcoholism), a joint alcoholism and psychiatric treatment if required, in the case of alcohol psychosis in particular, and check-up of the cured alcoholics and drug addicts.             In Poland drug addiction has never reached the proportions of alcoholism. Its most frequent forms were morphinism and cocainism. Its fighting was facilitated by the passing of an Act of June 23, 1923 which prohibited production, processing, export. import. storage of and any trade in all drugs. For infringement of the Act, penalties of fine and up to 5 years deprivation of liberty were provided. However, there was no act to legalize compulsory treatment of drug addicts. They could only be treated in closed hospital wards since in the case of drug addiction, out-patient treatment was considered to be ineffective. In 1931, the Polish Committee for Drugs and Prevention of Drug Addiction was set up as, an advisory body attached to the Minister of Health and Social Welfare, which consisted mainly of physicians and chemists. In order to fight drug addiction effectively, increased detection of export and sale of drugs was postulated as well as supervision of prescriptions and of obtaining drugs on prescription at chemist's. Chemists were compelled to keep a special book of in- and out-goings of drugs which could only be sold on prescription for therapeutical purposes. Attenton was drawn to the necessity of an instruction, to be passed by the Minister of Internal Affairs, according to which the production of doctors seals and forms would only be possible on presentation of the identity card, since drug addicts used to order seals and forms bearing names of famous practitioners. Medical check-up of released prisoners who had been cured of drug addiction when serving their sentences was also postulated.             In consequence of the spread of ether drinking in the Upper Silesia in 1936, a wide-range operation was carried out which consisted in a vigorous fight against smuggling and sale of ether (which was mainly smuggled from Germany) and in informing the population as to the harmful effects of ether drinking.
    Źródło:
    Archiwum Kryminologii; 1987, XIV; 201-225
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Sprawcy zagarnięć mienia społecznego znacznej wartości (w świetle danych z akt sądowych oraz wyników badań psychologicznych)
    The Cases of Misappropriation of Social Property of a Considerable Value (in the Light of the Data From Court Files and Psychological Examination)
    Autorzy:
    Szymanowska, Aleksanda
    Powiązania:
    https://bibliotekanauki.pl/articles/699056.pdf
    Data publikacji:
    1982
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    sprawca
    mienie społeczne
    przestępczość
    zagarnięcie mienia
    przestępstwo
    kara
    alkoholizm
    perpetrator
    social property
    criminality
    seizure of property
    offense
    penalty
    alcoholism
    Opis:
    The problem of offences against economy, where the value of misappropriated property exceeds 100,000 zlotys, is a particular criminological problem. The peculiar character of this type of crime results from the fact, firstly, that a new type of property - that is social property - comes into question, and secondly, that the category of perpetrators of such offences has not yet been closely studied nor described.  Though the property discussed here is called “social” - in the social consciousness the opinion has fixed itself that, managed , by the State officials, it is a property of the State, alienated, “belonging to nobody” and not to all of the citizens. On account of this, the moral norm “thou shalt not steal” assented to by a large majority of the Polish society, does not apply to this kind of property to the same degree as to private property owned by a definite person. The persons guilty of misappropriation of social’ property of a considerable and great value (that is, over 100,000 zlotys) frequently enjoy a reputation of good specialists, efficient organizers and friendly colleagues. Taking advantage of the others’ trust in them, they appropriate the property under their control in the course of their duties for the protection of which they are responsible. In the present study, one fundamental problem is formulated: what are the characteristics of persons convicted of misappropriation of social property of a considerable value, what are the most frequent motives of their offences and the circumstances of committing them. To find the answers to the above questions, the criminological-psychological examination whose sentenced had become valid in 1969 and 1970 for misappropriation of social property of a value exceeding 100,000 zlotys, to the detriment of the institutions they worked in, where they were responsible for protection of this property. The study represents the social and demographic characterization of 100 perpetrators of misappropriation of property, based on the analysis of court files and records concerning their financial standing. The second part of the study includes a psychological characteristics elaborated on the grounds of detailed individual psychological examination. 54 persons of the 100 whose files had been analysed were included in the psychological examination, as it was for many reasons impossible to reach all of the offenders. The following statements based on the social and demographic data are worthy of attention: - In the group of persons guilty of misappropriation of property of a considerable and great value, the percentage of women is much higher than in the entire population of the convicted offenders. In 1970, women constituted 11% of all persons aged 21- 65, whose sentences had become valid, while the percentage of women in the group under scrutiny was 34%. - The age of the offenders varied greatly (21-65), while the majority were aged 41-50. - The level of education of the offenders, with those with over elementary education prevailing (59%), was somewhat higher than that of all employees in national economy. - The type of job of the offenders was closely connected with their sex. Women are mainly employed in book-keeping departments, while men worked in purchasing centres and warehouses. 41% of Women and 56% of men occupied executive posts, which where, however, of lower grade, for example head of department. - As regards such demographic variables as social background, place of birth and residence, duration of work etc., the offenders did not differ significantly from the  population of non-offenders. - The analysis of a family situation reveals no differences between the offenders at the time of apprehension and the entire population. The majority of them were married and had usually one or two children. A detailed analysis of the records concerning the financial standing of the offenders in the period of commission of the offence revealed their financial situation, as measured by their monthly wages and the budget per 1 person to be as follows: - Te mean wage of the whale of the offenders were 105% of the mean country wage. - Income per 1 person in the household (properly calculated in relation to 1970) was 400-2065 zlotys. In the group of offenders with 4-person household, the mean income per 1 person was 1056 zlotys, that is, approximately the social minimum. In the group of offenders whose household are more numerous, the income in question was 446-804 zlotys and was thus below the social minimum. The delinquency of the persons examined was as follows: - Among the group of 100 persons, there were 16% previously convicted for various offences, including only 1 person convicted for an offence against property. There were no former juvenile delinquents among the persons under scrutiny. - The misappropriation of social property was committed single-handed  (54%) or in co-operation with other persons (46%). There existed a correlation between the form of commission of the offence and the type of job. Also the way in which the offence had been committed was related to the type of job. - The duration of criminal activities varied from 1 month to 15 years, the mean duration being 3 years 7 months. - The value of the property misappropriated by the offenders in 65% met the criteria of considerable value (over 100,000 to 200,000 zlotys) and in 35% - that of great value (over 200,000 zlotys). - The offenders had been sentenced for the misappropriation of property to 5 - 15 years of imprisonment (mean 8 - 10 years) and to fines of 50- 300 thousand zlotys. Individual investigation which was a basis for psychological characteristics of the persons was carried on in prisons. The mean period of the hitherto isolation was 2 years. Information obtained in the present study as to the family background of the offenders, their life stories, education and professional work, excessive drinking etc., clearly differentiate this population amongst other groups of offenders as described in other studies. There were no persons with criminal records among the parents and siblings of the offenders, as well as those excessively drinking or shirking work. Likewise, no distinct disturbances in the family situation of the offenders, in the period preceding apprehension in prison, were found. A majority of them were married and performed their family duties properly. The percentage of men who could be recognized as excessively drinking, was comparatively low among the examined persons. -  The results of the intelligence test by means of the Wechsler-Bellevue Scale indicate no cases of lowered intelligence among the examined offenders. Mean IQ of the entire group was 116, that is over the average. The Eysenck's Personality Inventory revealed only small differences between the offenders and the control group derived from the population of Poland as regards the intensity of neurotism and extroversion. There was indeed lower intensity of extroversion among the men. Thus the obtained results did not confirm Eysenck's hypothesis that offenders were recruited from extrovertive neurotics. - As indicated by the accounts of the offenders as to the motives of committing the offence, nearly half of them were induced or even forced to commit it by their co-workers. Those who had initiated an offence were determined by a desire to get money they needed for amenities or to improve the living standards of their families, while the persons induced or forced to commit the offence were led first of all by the fear of losing their jobs. - Before they started their delinquent activity, the majority of the offenders had reflected on the possible consequences of their demeanour. They estimated the chances of avoiding penalty rather high, on the basis of their own professional experience, the acquaintance with their associates and the methods of supervision accepted in their places of employment. The circumstances that determined the fact that people similar to average non-criminal citizens in many respects, committed an offence, were as follows: on the one hand, a low in degree of internalization of the norm which prohibits stealing social property, accompanied by a strong “temptation” , and on the other hand, an estimation of high probability of avoiding awkward consequences, which resulted from: defective system of supervision, poor organization of work, uneconomical management, the climate of solidarity and tolerance towards the perpetrators of petty misappropriation of social property, and disorder in many institutions.
    Źródło:
    Archiwum Kryminologii; 1982, VIII-IX; 447-473
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Wielokrotni recydywiści o wczesnym i późnym początku karalności
    Persistent recidivits with early and late criminal records
    Autorzy:
    Ostrihanska, Zofia
    Powiązania:
    https://bibliotekanauki.pl/articles/698886.pdf
    Data publikacji:
    1969
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    przestępczość
    recydywa
    kara pozbawienia wolności
    młodociani
    więzienie
    alkoholizm
    nieprzystosowanie społeczne
    agresja
    crime
    recidivism
    imprisonment
    juvenile
    prison
    alcoholism
    social maladjustment
    aggression
    Opis:
    This part of the work presents an analysis of the process of social degradation regarding prisoners, persistent recidivists (convicted not less than four times and imprisoned for at least the fourth time), aged between 26 and 35. The investigations embraced 220 prisoners whose delinquency was closely examined. This work however takes particular note of those, who relatively late (only after 21) had their first trial in the Court of Justice. First of all, it was important to determine whether they were less socially maladjusted in their childhood than the recidivists whose trials began earlier (between 17 and 20), what were the origins of their delinquency and what factors influenced the etiology of their recidivism. Those recidivists whose first trials began at 21 or later constitute a relatively small group of 29,6%, among the 220 recidivists investigated. The remaining recidivists of 26-35 years of age had their first trials earlier. 1. On the basis of the interviews and after a check in Juvenile Courts it has been established that among the late recidivists (convicted for the first time at the age of 21 at least) only about one third (30,7%) were those who committed offences (thefts as a rule) as juveniles (under 17). Among the early recidivists (convicted for the first time at the age of 17-20) such subjects constituted 60,0%. In general, among the late recidivists, those who stole or committed other offences as juveniles constituted 33,8% while among the early recidivists such subjects constituted as many as 65,1%. These figures show that more of the early recidivists than of the latę recidivists committed offences (thefts as a rule) as juveniles. There is a statistically significant correlation between the perpetration of offences by the subjects when they were juveniles and the early beginning of their trials after they were 17 (dependence at the level of significance 0,001). Thefts committed by the late recidivists in their juvenility were in general less frequent and less serious than those committed at that period by the early recidivists. Only 43,8% of the late recidivists of whom it was possible to obtain some data relating to the places of thefts they had committed as juveniles, were stealing outside their homes and schools. Among the early recidivists such persons constitute as many as 80%. 24,5% of the early recidivists were tried at least twice in Juvenile Courts while among the late recidivists such persons constituted merely 6,1%. The division of the subjects into two groups according to the age at which they were first tried after they were 17 is then justified by the ascertainments of the actual beginnings of their delinquency when they were juveniles. Among the late recidivists, the subjects who started committing offences as juveniles and continued to do so until their first trial when they were at least 21, constitute only 13,8%. The remaining late recidivists, who committed offences as juveniles (20%), did so only sporadically or altogether stopped to commit them but recommenced in connection with their later abuse of alcohol. 2. The fact that despite a late, in general, beginning of their actual delinquency the late recidivists were repeatedly convicted and repeatedly imprisoned, may be connected with the circumstance that the subjects who were socially maladjusted already as juveniles constituted two thirds of the total. However, the late recidivists manifested social maladjustment in their juvenility less often than early recidivists, among whom as many as 90,8% were socially maladjusted at that time. (Social maladjustment was established in 83% of cases of the total of the investigated persistent recidivists). These late recidivists who did not display any symptoms of social maladjustment in their juvenility began, in general, to commit offences in connection with their abuse of alcohol, and their entire delinquency as adults is connected with alcoholism: they commit chiefly aggressive offences in the state of inebriety, also thefts, the proceeds of which are immediately spent on alcohol. 3. The childhood of the subjects was characterized by considerable disturbances of their study at school. Only 43,6% of the investigated (47,7% of the late recidivists and 42,5% of the early recidivists) finished the 7-grade elementary school. The education of the investigated recidivists is lower than that of the total of prisoners. 16,5% of the subjects finished three grades, at most. Those who did not reach the sixth grade of the elementary school constitute 41,4% of the total of recidivists (40,0% among the late recidivists and 42,5% among the early recidivists). Similar gaps in elementary education have also been established through investigations on juvenile recidivists, previously conducted by the Department of Criminology. It has been established that the subjects did not finish the elementary school on account of their having been brought up in a negative family environment, lower of their intelligence, social maladjustment in their juvenile years and war-time difficulties of some part of the subjects. About two thirds of the subjects repeated some grades. Truancy was systematically practised by 54,6%, of the investigated (40,4% of the late recidivists and 60,4% of the early recidivists). In 60% of cases the subjects stated that teachers had often complained of their bad behaviour at school. About half of the subjects declared that they had considerable difficulties at school. 50,6% of the subjects drank liquor as juveniles at least once a month or wine at least once a week. (36,5% of the late recidivists and 57,0% of the early recidivists). 41,1% of the subjects ran away from home (21,5% of the late recidivists and 49% of the early recidivists). The subjects (60,0%) often kept company, as adolescents, with friends who committed thefts (38,6% of the late recidivists and as many as 68% of the early recidivists). In this way, the late recidivists less often than the early recidivists displayed as adolescents particular symptoms of social maladjustment. 4. The subjects' family environments revealed in majority of cases a syndrome of factors which were negative from thę educational point of view. Family environments, evaluated negatively because of alcoholism in the family, lack of systematic work of the father or delinquency, constituted no less than 60,3% (50% among late recidivists and 64,4% among early recidivists). Systematic abuse of alcohol by fathers was often (52,4%) established in the families of the investigated (46% of the fathers of the late recidivists and 61,4% of the fathers of the early recidivists). The percentage of fathers who systematically abused of alcohol even before birth of the investigated is also considerable and amounts to 43%. (35% of the late recidivists and 48,3%, of the early recidivists). Alcoholism was established in a fairly considerable percentage of families of parents of the investigated, namely their fathers or brothers (55,6%). The late recidivists were for the most part brought up in only one educational environment, i.e. they had only one home and were under constant care of at least' one and the same person (73,8% of the late recidivists). During the childhood of the early recidivists, changes of their educational environments were established more often (45,5% of cases). Nearly one third of the early recidivists were brought up in at least three educational environments while such frequent changes of educational environments regarding the late recidivists were established in only 13% of cases. Family homes of the late recidivists were educationally more advantageous than those of the early recidivists. Educationally negative factors such as alcoholism or delinquency of fathers were established less often. Similarly, changes of educational environments during their childhood were less frequent. 5. The percentage of those subjects who came from large families was considerable: 36,4% of the investigated had three or more brothers or sisters. Brothers and sisters of the investigated either displayed similar lacks in elementary education but some of them were on a much higher educational level. In 36,4% of cases the investigated had brothers or sisters who did not finish elementary school. As many as 28,5% of the investigated had somęone in the family who graduated from a vocational school. Higher education appeared in families of the investigated in 7,2% of cases. In many families there were brothers without any professional qualifications whatever (53,7 % of cases). It is significar that many persistent recidivists had brothers who displayed symptoms of social maladjustment' committed offencęs or were judicially convicted. Social maladjustment of at least one brother was established in two-thirds of cases, 44,7% of the investigated had someone in their families who committed unrevealed thefts or was tried by Juvenile Courts or Courts of Law for thefts and other offences. Percentages of the late recidivists with socially maladjusted siblings did not differ from similar percentages of the early recidivists. 6. At the time of the investigations 41,8% of the investigated were bachelors, which constitutes a percentage twice higher than the established percentage of the total of men in Poland aged between 25 and 34. Bachelors appeared more often among the early recidivists (45,8%) than among the late recidivists (32,3%). However, most marriages contracted by the late recidivists were subsequently broken (54,5%). In the period preceding their arrest only 28,6% of the investigated stayed with their wives. 19,5% lived outside their family circle at that time. Wives of the investigated often came from the ranks of socially maladjusted women. 28,8% of them were abusing of alcohol. 18% were convicted by Courts of Law. 8% of the wives of the late recidivists and 17,5% of the wives of the early recidivists were suspected to practice prostitution. In two thirds of cases within the family backgrounds of the wives there could be found brothers or fathers who were abusing of alcohol. A relatively good family life of the actually married recidivists was established only in 36,3%, of cases. In the remaining families there occurred constant quarrels and rows, mostly provoked by the investigated in the state of inebriety. It has been established, that as many as 57% of late recidivists and 52,9% of early recidivists were aggressive to their families in the state of inebriety. 46% of late recidivists and 31,6% of early recidivists took things and money from their homes and spent them on alcohol. 21,5% of the late recidivists and 10,3% of early recidivists were tried at least once for maltreating their families in state of inebriety. The situation of children brought up in such families is certainly very unfavourable. 63% of late recidivists and 50% of early recidivists had children and relatively often they presented serious educational difficulties, had difficulties at school or displayed neurotic symptoms. Appearance of any of these symptoms was established in 58,6% of the families of the late recidivists in children over 7 and in 70% of the families of the early recidivists in children of the same age. 7. One of the most important questions which revealed itself at the examination of the social adjustment of the investigated during the period when they were over 17 was the course of their professional work and particularly the appearancę among them of individuals who either did not work at all or worked only by snatches. Most of the investigated did not have any profession at all (56,1%), not even such, which could be acquired at a short course or at work. Only few of the investigated had professional qualifications acquired at vocational schools (8,2%-13,8% among the late recidivists and 6% among the early recidivists). The late recidivists more often had a profession (55,4%) than the early recidivists (40,4%). Many late recidivists however, who had some professional qualifications had with time stopped working in that profession (58,4% already did not work in their profession at the time preceding their last arrest). Usually, it was due to a degradation caused by the abuse of alcohol. Since the investigated recidivists were of different age and spent different periods of time in prison, it was ascertained, that it would be best to compare the duration of their respective work by means of percentages (the duration of work done in their life beginning at 17 - in relation to the whole period during which the investigated were at liberty and were able to work). Already at the time when the investigated were 17 -20 a distinct difference in the duration of work of the early and the late recidivists has become manifest. Among the late recidivists, more frequent are cases of such subjects who at the age of 17 - 20 worked longer than half the time in which they were able to work while among the early recidivists, more frequent were cases of working less than half that time (statistical dependence significant on significance level 0,001). Differences in the duration of work of the early and the late recidivists become evident also at the examination of the entire period of their life, beginning at 17. The investigated who worked more than half of the time in which they were able to work, constituted 30% of the total of the investigated recidivists (27% among early recidivists and nearly half of late recidivists). Only few recidivists worked longer than three-quarters of the time in which they were able to work (merely 11,5%). In this way, a considerable majority of the investigated recidivists worked only unsystematically or did not work at all. As many as 35% of the investigated worked only less than one-fourth of the time in which they were able to work. The irregular character of their work was due to their early social maladjustment. Those investigated who worked very little in their life were more often maladjusted as juveniles than those who worked for longer periods (dependence statistically significant on the significance level 0,001). Besides, in the origins of the subjects' attitude to work, the absence of vocational training, connected with the unfinished elementary school and the lowered intellectual level, constituted the essential element. This lack of professional qualifications was an obstacle in getting a job of a certain social status. To simple, physical work, demanding considerable physical effort, the majority of the investigated had a decidedly negative attitude. Systematic abuse of alcohol was another factor which contributed to the irregular character of their work. For instance, according to the evidence given by their employers, the subjects often drank alcohol during working hours. Only for 16,4% of the investigated their wages constituted their sole source of maintenance. However, the investigated whose sources of maintenance were exclusively legal (wages or help of the family) constituted 34,1%. Living on various sorts of offences exclusively (i.e. besides thefts also other offences against property, cheating at hazardous gams, illegal trade, etc.) was established only with 17,7%, of the investigated; recidivists living exclusively on committing offences appeared more often among early recidivists 20,6%) than among late recidivists (10,7%). The percentage of persistent recidivists living only on thefts was merely 8,6% of the total. The fact, that a relatively large percentage (36,8%) was supported, even partly, by parents or wives deserves consideration. 8. Among the investigated persistent recidivists an immense majority constitute men, who systematically abuse of alcohol (89,5%) whilst more than a half of the investigated (53,2%) are alcohol addicts. 50,6% of the investigated, already as juveniles, began drinking wine at least once a week or vodka at least once a month. 51,3% of the investigated drank at least a quarter-liter of vodka three times a week or more, before they were 21. Similarly, the investigated persistent recidivists early displayed first symptoms of alcoholism (61% of recidivists, who were alcohol addicts displayed distinct symptoms of alcoholism already under 28). A distinct abstinence syndrome was established in regard to 76% of alcoholic recidivists; it became evident already at the age of 27. The investigated who already suffered from alcoholic psychosis, delirium tremens for the most part, constitute among alcoholic recidivists a percentage as high as 21,4%. The average age of the subjects showing first symptoms of alcoholism is very young, much younger than that established in various investigations of alcohol addicts. 40% of the investigated alcohol addicts were treated at least once, usually under pressure of their families, in out-patients clinics, but very soon they interrupted the treatment and did not return to the clinic any more. The long process of systematic drinking of alcoholic beverages beginning almost at the time of their juvenility doubtlessly strengthened the symptoms of social maladjustment and personality deviations displayed by persistent recidivists. Data relating to the beginnings of the abuse of alcohol show that late recidivists began drinking alcoholic beverages later than early recidivists and they did it less often as juveniles (36,4% of late recidivists and 57,5% of early recidivists abused of alcohol as juveniles). However there is no difference in percentage of alcohol addicts among late recidivists and early recidivists. Regarding late recidivists the systematic abuse of alcohol plays, despite its later beginnings, a much more important role in the etiology of their delinquency than with the early recidivists. In general, in case of early recidivists, perpetration of offences preceded their systematic drinking of alcoholic beverages. On the other hand, in case of late recidivists, systematic drinking of alcohol and subsequent alcoholism constitute factors of the greatest importance regarding the origins of their persistent recidivism. It is fitting to mention, that considerable percentages of offenders systematically drinking alcoholic beverages in large quantities were already established by investigations previously conducted by the Department of Criminology, on juvenile and young recidivists (57% and 75%). In this connection, the creation of special institutions for treatment of alcoholic offenders should be acknowledged as an urgent social demand. 9. Over 17, the delinquency of late recidivists is less serious than that of early recidivists. There are more perpetrators of small thefts among late recidivists who seldom steal objects of greater value. Also there are less perpetrators of robberies among late recidivists (20%) than among early recidivists (34,8%). Late recidivists represent an altogether different type of offender than early recidivists. There are less “professional” (24,6%) offenders among them while such offenders constitute as high a percentage as 44,6% among early recidivists. Offenders, committing thefts in connection with their alcoholism, appear more often among late recidivists as well as offenders committing almost exclusively offences of the so-called hooligan character: against persons or public officers (mostly the insulting or attacking of the policemen). The subjects belonging to those two groups constitute 53,8% of the late and only 24,4% of the early recidivists. The difference in the gravity of offences committed by late and early recidivists is made evident also by penalties which were imposed upon them. There are more investigated among late recidivists sentenced exclusively to less than two years of prison (50,7%), whilst among early recidivists they constitute merely 20%. 10. When discussing the problem of juvenile delinquency we cannot bypass the subjects' personality disorders dating in many of them as early as their childhood. These disorders are made evident by biographies of the investigated and by dimensions of their social maladjustment as well as by a characteristic structure of offences, among which prevail offences against property, relatively unimportant, while offences connected with aggression constitute a considerable percentage. They are also shown by the fact, that a relatively considerable percentage of the investigated recidivists stayed in prison longer than at liberty. This work does not examine in detail problems of personality disorders (it will be the subject of a separate work). Nevertheless, certain matters should be touched upon. It has been ascertained on the basis of interviews that in 18,3% of cases there existed a justified suspicion that the investigated had a brain injury at birth. Besides, it was often ascertained that the investigated displayed neurotic symptoms in their childhood (in 66,2% of cases), particularly enuresis (24% of the investigated) and stuttering (15%). On the basis of the information supplied by the mothers and by the investigated themselves who confirmed that they had frequent fights at school and were pestering their siblings at home, it has been established that 44,9% were aggressive during their childhood. This aggressiveness had been found to be more frequent in cases of the early recidivists than in cases of the late recidivists. (The correlation between the early age at the first trial and the aggressiveness in childhood was statistically significant at the significance level 0.01). The percentage of those subjects who had ever suffered from illnesses in the central nervous system or who had suffered concussion of the brain was relatively considerable and amounted to 28,6%. The psychiatric expert evidence found in the records of 76 investigated, contained diagnosis of encephalopathy in regard to 20% of recidivists. In connection with the fact that many investigated were tried for committing aggressive offences, the problem of aggressiveness of persistent recidivists was given particular attention. In the first place those investigated were considered aggressive, whose behaviour was often aggressive (physical aggression) as well as those, who showed evident hostility to their environment. The investigated considered aggressive, constituted a considerable percentage (60%); moreover, 14,8% were aggressive only in the state of inebriety. Late recidivists were less often aggressive (45,1%) than early recidivists (66,4%). 50,3% of aggressive recidivists committed acts of self-aggression. The correIation between committing self-aggression and aggressiveness was statistically significant (on significance level 0,001). It is remarkable that various acts of self-aggression were established with 43,2% of the investigated (49,7% of early recidivists and, 27,7% of late recidivists). As many as 34,1% of the total of the investigated recidivists committed self-aggression when they were at liberty. Low professional qualifications of the investigated and non-graduation of the majority of them from elementary schools were partly connected with a relatively large percentage, in the investigated group, of men with a lowered level of intelligence. 44,1% of them, tested by Wechsler-Bellevue scale attained intelligence quotients below 91, while 17,1% were below 80. Examining these results it is necessary to take into consideration the fact, that the investigated group displayed a marked mental deterioration (the deterioration of over 20% was established in cases of 42,8% of the investigated). This may be connected with alcoholism of the investigated.
    Źródło:
    Archiwum Kryminologii; 1969, IV; 59-104
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Nieprzystosowanie społeczne i środowiska rodzinne młodzieży systematycznie nadużywającej alkoholu
    The Social Maladjustment and Family Background of Young Heavy Drinkers
    Autorzy:
    Mościskier, Andrzej
    Powiązania:
    https://bibliotekanauki.pl/articles/699068.pdf
    Data publikacji:
    1982
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    nieprzystosowanie społeczne
    nadużywanie alkoholu
    młodzież
    środowisko rodzinne
    przestępczość
    alkoholizm
    nieletni
    social maladjustment
    alcohol abuse
    youth
    family environment
    criminality
    alcoholism
    juvenile
    Opis:
    The present paper is a report on the studies conducted in the years 1975-77, dealing with a group of young regularly excessively drinking men aged 18-25. The population from which the sample was randomly drawn consisted of men aged 18-25 inhabiting 4 of the 7 districts of Warsaw and reported by the district constables of the police as persons regularly excessively drinking (that is, getting drunk more frequently than once a week). The district constables reported the total of 1,273 men meeting the above criteria, which makes about 3% of the number of all men of this age living in these districts. In reality, the percentage of men of this age regularly excessively drinking is probably much higher, as a considerable number of constables stated that they worked in their districts for too short a period to know all the persons living there who would qualify for the study. From the mentioned population, 331 persons were randomly drawn for the study. The materials employed consist of interviews with the mothers of the examined persons and of information from official sources court records, prison files, documents of juvenile courts and detoxication centres. The similar data were gathered as regards all brothers of the examined persons who were also aged 18-25. When beginning the study, it was acknowledged that considering the criteria for the selection of the population, first of all persons with negative family background would be selected and that this very environmental  characteristic would be the main determinant of differentiating the main group from the control group, where the family background - as it was easy to foresee - would be of a more favourable character. It was thus decided to eliminate the influence of family background variable in the selection of the control group, so as to render possible the protrusion - of other characteristics which differentiate the persons regularly excessively drinking from those of the control group. Considering this, the control group was made of all brothers of the examined persons who were also aged 18-25 but were not reported by the district constables as regularly excessively drinking. There were 111 brothers meeting these criteria, and they make the control group in the present study. The first part of the study was to verify if the family background of the examined persons and those included in the control group was indeed as negative as presumed. In this case, the hypnothesis was fully confirmed. Among the 311 families of those examined as many as 166 (53,3%) were one-parent or broken families which dated back to the time when the persons under examination had been minors. The families were in general numerous, average being 3 children per family, while there were 88 (28.3%) families with 4 or more children. For the further characterization of the families the data regarding fathers were employed. It turned out that 158 (50.8%) fathers were regularly excessively drinking; in fact in the majority of cases they were alcoholics. At least 98 (31.5%) fathers were convicted by courts and 91 (29.3%) by the Penal Administrative Commissions. Taking all these three characteristics together, it was stated that as many as 194 (62,4%) fathers were regularly excessively drinking or had criminal records. These data point to the large intensity of pathological phenomena in the families of persons under examination and their brothers from the control group. And yet on the other hand, taking into account the social and professional status (education and profession) of the fathers, their situation in this respect was found better than supposed, though they belonged to the lower social classes. The second part of the study deals with the extent of social maladjustment of persons under examination and their brothers from the control group. Apart from the fact that - according to the principles of sample selection - all the persons should have been regular heavy drinkers, the gathered data were verified in respect of their confirmation of this fact. As regularly excessively drinking the persons were recognized who - according to their mother’s statements - got drunk more often than once a week or had been taken into the detoxication entre. There were 253 (76.4%) such persons in the main group and 44 (40%) in the control group. Also, a category of persons who drank most frequently was distinguished, those who were probably alcoholics. In this category there were included persons who - according to their mothers’ statements - got drunk at least twice a week or had been taken into the Detoxication Centre at least three times. There were 122 (37%) such persons in the main group, and 17 (16%) in the control group. As to the symptoms of social maladjustment, they were decidedly greater in the main group than in the control group, which dated back as far as their childhood. And so, for instance, severe school problems (uncompleted elementary education or repeating classes) were found in 60.7% of the examined persons and in 42.3% of their brothers from the control group. 57.1% of the examined persons and 30.6% of their brothers from control group  committed thefts outside their home and respectively 23.9% and 10.8% were placed in reformatories in consequence of their stealing. The differences in the extent of social maladjustment among both groups increased with age, and grew particularly large in the age of adulthood. And so, as many as 57.1% of the examined persons stayed out of work or worked irregularly as compared with 21.6% of their brothers from the control group. Suicidal attempts and self-injuries were performed by 29.3% of persons under scrutiny and by 9% of their brothers from the control group. There are also obvious differences as to the extent of delinquency in both groups. 42% of the persons examined and only 17.1% of their brothers had action brought against them in Penal Administrative Commissions and 60.1% of the persons examined and 28.8% of their brothers were convicted by court. Taking into account those convicted by court only, the percentage of recidivists was 50.8% in the test group and 46.9% in the control group, whereas the character of delinquency was similar in both groups, the majority being violent offences. Considering the fact that the control group consisted of brothers of the examined persons who were also aged 18-25, the great difference in the occurrence of the symptoms of social maladjustment between the two groups should be emphasized. Considering the decidedly negative character of the family background of both the persons examined and their brothers from the control group, the extent of social maladjustment in both groups could have been expected to be similar. On the other hand, it could be assumed that from the very criterion of selection to the main group - that is, from the information that the person in question regularly drank excessively, while there was no such information as to the brothers from the control group - it appears that alcohol is the factor that causes the larger extent of social maladjustment among the persons examined as compared with their brothers from the control group. However, this argument seems doubtful in the light of the data as to the social maladjustment during childhood, when drinking did not as yet come into question. As early as in the childhood, the persons examined manifested symptoms of social maladjustment to a decidedly higher degree than their brothers from the control group. In thus seems more probable that the larger intensity both of drunkness, and of other symptoms of social maladjustment is based on the personality characteristics, which are revealed in the early childhood. It is, however, beyond the limits of the present study to supply documentary evidence for this argument or to point out - on the basis of the empirical data - some individualistic characteristics influencing the subsequent social maladjustment; it will be accomplished in another study. This problem was, however, worthy of attention, being important for the theory as well as for practice, all the more so as the trend now prevails to take into account first of all the environmental factors in preventive and corrective treatment. The material presented above seems to suggest that the extent of social maladjustment among different persons with equally negative family backgrounds is influenced at least to the same and perhaps even greater degree by individual psychological than by environmental factors.
    Źródło:
    Archiwum Kryminologii; 1982, VIII-IX; 339-362
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Przestępczość nieletnich w Polsce w latach 1961-1967 (rozmiary, struktura przestępczości, orzeczone środki)
    Juvenile delinquency in Poland 1961-1967 (extent, structure, adjudicated means)
    Autorzy:
    Jerzy, Jasiński
    Powiązania:
    https://bibliotekanauki.pl/articles/698896.pdf
    Data publikacji:
    1969
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    przestępczość
    recydywa
    kara pozbawienia wolności
    młodociani
    alkoholizm
    nieprzystosowanie społeczne
    agresja
    zakład poprawczy
    crime
    recidivism
    imprisonment
    juvenile
    alcoholism
    social maladjustment
    aggression
    juvenile detention center
    Opis:
    1. Problems related to juvenile delinquency have always been a subject of vivid interest of both scientific circles and the community at large. Consequently, juvenile delinquency has probably become a criminological problem given a most profound consideration and any studies which concern that type of delinquency get a vivid response also outside a nanow expert community. Among such studies, modest though and certainly not foreground place is occupied by analyses of statistical materials. Since the results of the analyses mentioned “grow old” much quicker than do the results of individual, more advanced studies, it seems purposeful, therefore, to make efforts in the direction of bringing them more up-to-date. At least one problem seems to demand such up-dating most specificaliy, i.e., the problem of the assessment of the general data obtained from the police and judicary statistics since such data can be one of juvenile the bases for determining the extent of delinquency. Having considered that within the meaning of the criminal law juveniles and adults are, in an arbitrary manner, demarcated merely by age limit (before or after 17 years of age at the moment an offence was committed) whose artificiality is somehow shocking from the criminological point of view, it seemed also advisable to-include in this study other questions related to the extent of delinquency of young adults as well as to consider its situation against the background of the adult population. Another group of questions discussed is connected with the structure of delinquency; also special attention has been paid to questions of place the suspects or those found guilty (and young adults, too) herd among the total numbers of suspected or convicted adults. Finally, there is the third group of questions given special consideration in this study, namely the educative and correctional means adjudicated upon juveniles. Although there is a good deal of information on that particular topic as well as more or less detailed papers concerning the analysis of these kind of data nevertheless the material in question has not so far been analysed in terms of an adequately long period of time which would permit to seize certain clearly-cut tendencies in adjudication of particular kinds of means, especially against the background of various fluctuations of numbers of juveniles appearing in the court. In that chapter of this essay, the studies have been considerably extended to include 1951-1967 instead of 1961-1967 as in the remaining ones. 2. 1. In analysing various kinds of contexts in which, particular authors mention the range of juvenile delinquency - especially when they are alarmed by its increase or whenever they are pleased to note its stabilization or decrease - one may easily see that the authors usually have different things in mind. Sometimes their opinions are based on more and sometimes on less founded assumptions or estimations concerning the number of juvenile offenders themselves, sometimes on the number of their offences, the importance of such deeds or their frequency rate, the degree of social depravity in juveniles appearing in courts, and finally, together - on a series of the abovementioned instances (and also on ones not mentioned there). Anyway, always where one or another adequately justified opinion on the extent of juvenile delinquency is found, the reader is able either to know at once or to trace back what in ęach particular case was the measure of the extent in question. The purpose of the present study is to show different ways for the determination of the detected extent of juvenile delinquency and to present certain groups of data which might serve as the most appropriate criteria for the evaluation of the dimensions of delinquency; furthermore, the intention of the present author is to show that at least some of the criteria are by no means of competitive nature but that they rather permit us to grasp different aspects of the problem of juvenile delinquency. It would be difficult therefore to forejudge about the superiority of one criterion over another as they concern different aspects of the samę problem and as such may have a different impact for our analyses, depedent on the line of our research. 2. A relatively large number of juveniles found among the total number of suspected or convicted individuals may sometimes incline us towards making certain far-reaching statements concerning the extent of juvenile delinquency. Some people hold the opinion that whenever juveniles (or sometimes juveniles and young adults) constituted a considerable portion of the total number of offenders, the range of their delinquency should be recognized as significant, if only on account of their share in delinquency. The author is doubtful about the rightfulness of such an opinion if it were only for a specific character of the juvenile delinquency structure, the importance of offences or also for other than in the case of adults, aims of prosecution (in the broadest meaning of that word). It does not mean, however, that it would not be worth while what is the place the known now in Poland juvenile offenders hold among the total number of individuals convicted. In 1961-1967, juveniles under 13 years of age constituted merely 2-3 per cent of the total number of individuals convicted (similar percentage was noted in the last decade 1951-1960). Together with 13-16 year-old offenders, the juveniles constituted only a group of several per cent - and in recent years - a dozen-or-so per cent group. The number of very young and young that had been found guilty (i.e., juveniles and young adults) was bigger but stin did not exceed 1/5-¼ of the total number of the individuals convicted out of which half were almost 30 or older at the time they committed the offences. It is fitting to note at this point that in a number of countries, persons under 21 years of age constitute 1/2 and sometimes 2/3 of the total number of the individuals convicted or suspected. It may then be said that from the point of view of a relative quantity of juveniles found in the total number of the individuals convicted, that juvenile delinquency in poland may still be estimated as a highly moderate one. 3. Out of all the available methods that can be employed for the evaluation of the extent of juvenile delinquency the simplest one is that which bases on the statistical data concerning the number of juveniles found guilty, or more broadly juvenile adjudgments, or even still more broadly - the number of cases in which a juvenile was suspected of an offence. The limitations involved in the use of such a criterion are quite evident since in applying such a criterion we fail to consider any consequences of the fact that the number of adjudgements or findings of guilt is hardly synonymous with the number of juveniles adjudicated or found guilty (which could after all be justified), but - and this is less acceptable - such a number does not bear any relation to the wider population - events or individuals - against whose background it occurs. However, from one point of view this criterion is important, namely it provides relatively accurate information about one of the quantitative aspects of risks faced by the police and the court of law, involved with the conduct of proceedings and with the adjudication upon the offences committed by juveniles. This criterion becomes particularly important whenever we tackle with organizational problems of courts for juveniles, or the needs for staff or institutions. For the last seven years, the total number of adjudgements increased from about 47 thousand to 71 thousand (i.e. by 52 pet cent). As compared with 1951 (abo 26 thousand), the total number of the adjudgements in 1967 was almost threefold. Close to the latter was the number of juveniles suspected by the police of offending the law (for the last four years past, it was 53 to 70 thousand a year). Out of the total number of the adjudgements, the findings of guilt held similar place (54 to 56 per cent) slightly lower than in 1951-1960 when the proportion was about 56 to 61 per cent. In the seven-year period discussed, the proportion of discontinuations of legal proceedings evidently increased: at the present moment, 33 to 34 per cent of juvenile cases are dismissed, in 1951-1960 on the other hand, the proportion having been 20 to 30 per cent. Various categories of juveniles are involved therein. Acquittals are a particular category of adjudgements; the absolute number of acquittals was on an approximate level (2,300-2,800) but owing to the simultaneous increase in the total number of adjudgements, the percentage of acquittals decreased to 4 per cent. Perhaps it is worth while remembering that acquittals were as many as 11 per cent of adjudgements in 1951, but already in 1952 and onwards, the proportion had been stabilized on the 6 to 7 per cent level. The fact that it is so low now should perhaps be recognized as a positive phenomenon; it seems to give evidence that magistrates, who but certainly conduct also preparatory proceedings, do not send cases too hastily for hearing where the juvenile's guilt seems insufficiently made probable to them. It may be asked upon how many juvenile suspects educative-or correctional means are adjudicated following a finding of guilt. A summary of the data obtained from the police or court statistics may supply an answer. As was said before, cases of almost 60 per cent of suspected juveniles end up with a finding of guilt, that proportion being slightly lower in boys than in girls and in lower age groups rather than in older. Very few suspects of 7 to 9 years of age are found guilty (7 per cent). Those proportions increase rapidly already in 10 year-old suspects (47 per cent) and grow up to 13 yearsage-group (62 per cent) showing then a stabilization on a similar level. According to the information mentioned, in 1961-1967 annual numbers of findings of guilt were 27 to 38 thousand. Those numbers included, of course, a majority of findings of guilt by juvenile courts and also sentences of ordinary courts. The latter were concerned with cases when a juvenile was 17 years of age prior to the beginning of the hearing or when he or she acted together with an adult  and when according to the prosecution's decision “for the benefit of the administration of justice” their case should not be transferred to the juvenile court. The proportion of findings of guilt by ordinary courts of law was about 9 to 11 per cent in 1961-1967, having been slightly lower than in 1951-1960 when sometimes it reached even 13 per cent. This is probably connected with some lowering of the mean age of juveniles found guilty for the last few years as compared with that observed in 1951-1960. 4. The number of juveniles upon whom judicial.educative or correctional means had been executed provide information about another side of the quantitative aspect of work facing the juvenile courts. The number of juveniles under court control due to a committed offence increased from 34,520 in 1951 to 58,005 in 1967 and that is by 68 per cent. This seems to be an effect of not only an increase in the number of juveniles found guilty but also of a prolonged average duration of execution of means. That considerable number of juveniles upon whom means were executed should perhaps be further increased. So, for instance, in 1965 45.055 children and youth were placed under juvenile court control, established according to civil proceedings, and under ordinary court control there were another 23,699. As for some portion of the number of such juveniles, court control was certainly connected with manifestations of their social maladjustment, with behavioural disturbances not varying in nature from those for which other juveniles were found guilty. Also in some of those cases, the way of carrying out the control did not differ significantly from the means usually applied, such as supervision order, probation or approved school. 5. Since in the hitherto discussed ways of understanding the range of the detected juvenile delinquency the main stress was laid on absolute numbers, in the present analysis of the standards some attention may be paid to relative numbers resulting from a reference of the number of findings of guilt to some population of individuals concerned or of the number of juveniles found guilty to some broader population of which they were a portion. The objective of such an analysis is to illustrate the degree to which the phenomena of delinquency have been spread throughout the juvenile population. This will lead to quite a different manner of appreciating the juvenile delinquency range. It will not be considered weighty e.g., when the number of findings of guilt will reach some definite level but when the number of juvenile offenders in the juvenile population will be sufficiently high. The most common standard of that kind is represented by delinquency which, if applied for analysing data of court statistics with regard to juvenile delinquency, is represented by the number of findings of guilt as one pro mille of the entire juvenile population. As compared with absolute numbers, the above listed rates give the following picture: between 1961 and 1965, a slight (a few-per-cent) increase in the number of findings of guilt was observed, however, considering that this was accompanied by a much higher increase in the number of i0-16 year-old juveniles, the rates showed a decrease. During the following two years; there was a significant change of that situation, the increase in the number of findings of guilt was then so high that it brought about also an increase in rate values which in 1967 became 15 per cent higher than those in 1961.  The increase in rates was by no means equal in all age groups of juveniles concerned, some were not involved at all. The rates in all age groups of girls were found on similar level as in 1956-1960. Thus, the increase in the number of findings of guilt in girls was proportional to the increase in the total population of 10-16 year-old girls. The annual average was one finding of guilt per 1,000 girls in that particular age group. With boys, the situation was different; here we had to deal with a general increase in rates as compared with that observed in the preceding five-year period. The increase in rates was very high in 14-16 year-old boys (by 19-23 per cent), approximate level was maintained in12-73 year-old boys and a decrease was observed in 10-11 year-old ones (by 5-10 per cent). An average rate of 196l-1967 for the total population of boys was 12,2 and showed that an annual average in the discussed seven-year period was one finding of guilt per 82 boys between 10 and 16 years of age. In our earlier discussion of the rank that the findings of guilt in juveniles held among the total number of such findings in 1961-1967, also young adults were mentioned. There were more findings of guilt in young adults although the latter belong only to four age groups (17, 18, 19 and 20) while the juveniles - to seven age groups at least. The above listed findings show first of all a systematic decrease in numbers of convictions in young adults (1961 -1964) followed, as compared with the 1961 level, by an increase (1965-1967) by 9 per cent in made and by 2 per cent in female offenders. This movement of absolute numbers of convictions in young adults was accompanied by simultaneous but considerable decrease in rates which although failing to increase after 1964, have maintained thę level of that year. Consequently, the relevant rates, as compared with 1961, were in 1967 - 30 per cent lower in men and 33 per cent in women. These changes were caused by a few independent agents whose effects were partially accumulated. Therefore it must be said that the rates in young men and women in 1961-1963 were on an approximate level. Its rapid decrease took place in 1964, which was undoubtedly connected with the Act of Amnesty of 20th July 1964 whose bearing on the number of convictions was certainly felt in 1965, too. At the same time, the effect of another diminishing agent was felt: according to the Decree of 28th March 1963, a certain number of young adults ceased to be subject to ordinary court proceedings since the conscription age limit was lowered to be 19 instead of 20 Years of age. In 1967, a successive agent appeared on the scene to have a bearing on the number of convictions in that category of individuals concerned (as well as of the adult population, too). Namely, in accordance with the provisions of the Decree of 17th June 1967, a series of minor offences were classified as non-indictable offences having at the same time become subject of administrative and not judicial proceedings; minor speculations or theft had been involved. As far as the rates were concerned, an additional element started functioning; it was a process of leaving the young adult age group by individuals born during the war (law quantity year groups) on one hand and of entering into that particular age of very numerous year groups of those born after the war, on the other. Prospectives for an extent of young adult convictions for the next few years to come should perhaps be worth while mentioning now. As a result of a thorough analysis of the young adult conviction rate in 1961-1965, of legislative changes and of foreseen changes in numbers of the total young adult population (which will still be increasing for another few years) - the author had drawn the following conclusion. In 1970, the number of convictions of male young adults will probably be about 38 thousand while the rate will reach about 28.0; the relevant figures for females will be 5.5 thousand and 4.0 respectively. In closing our remarks on an evaluation of juvenile and young adult known delinquency extent, made in terms of rates, it might be said that analogically to earlier rates based on the numbers of convictions, also other ,,rates" might be established, where data on numbers of juveniles on whom educative or correctional means had been executed by juvenile courts, could be utilized. A reference of the number of such juveniles to the total number of 10-16 year old ones would lead to the following findings: in 1961, they were 8.7 pro mille of all juveniles of 10-16 years of age but after 7 years - they were 11.8. Thus, as per 31st December 1967, out of each 86 juveniles of 10-16 years of age group, one was under a juvenile court control a subject of executed educative or correctional means. 6. So far, analyses of a degree, to which known juvenile delinquency had spread among youth, were based on information about findings of guilt, however, there is also a possibility to define it by reference to the number of juveniles found guilty. To do so, one has to know how many juveniles, out of those born during one calendar year were found guilty for offences committed by them at thęir juvenile age, exclusively between 11th and 17th years of age. By making use of the data on findings of guilt in 1950- 1960, one could see that for each year group of juveniles born in 1941, 1942, 1943 or 1944, the number of individuals found guilty were 14.1 to 14.9 thousand; their percentage, related to the total number of those born in the said year groups' was 3.5 to 3.8 per cent (for boys only - 6.3 to 6.8 per cent). Thanks to the fact that complete data on findings of guilt have now been available for 1961-1967, an extention of the analysis with respect to few further year groups could be possible. As it may be seen, the numbers of juveniles found guilty, born in the successive years just after the war, increased rapidly (from about 15 to 28 thousand). That increase, however, took place with a simultaneous considerable increase in general quantities of those particular year groups. In the entire population of those of 17 years old, the percentage of juveniles found guilty was approximately on similar level (on a slightly.higher levęl than in the case of those born during the war). Although such a percentage was low in girls, in boys it grew up as high as 6,7 to 7,5 per cent. This means that approximately every thirteenth - fourteenth young adult of 17 years of age born between 1945 and 1951 had already been found guilty for an offence committed at his juvenile age. Analogical attempts to define the number of found guilty within some longer period of time, where findings of guilt could be referred to not only to one but to a sequency of years - in young adults - are more difficult than in juveniles. It is because of relevant shortage of statistics in Poland. By way of analysing data on convictions in 1951 -1963, I had defined some approximate number of young adults, born in 1939, 1940, 1941 and 1942, covicted, at whatever moment of the entire four-year period when they were young adults (between I7 and 20 years of age). In the population of 21 year-old men (born in the above mentioned years) there were about 15 per cent of those who had once been found guilty at their young adult age. This means that approximately every seventh man at that particular age had been convicted at his young adult age. Should the entire eleven-year period between 10th and 21st year of age be taken into account, one would have to accept that every sixth had been found guilty. The above mentioned figures seem very high, indeed. This calls for a thought to be given as to whether or not the penalization extent in this country is not too much expanded or whether or not penal means are too hastily applied when - without prejudice or even to some purpose - they could be given up. 7. So far, data of twofold nature were used for defining standards of known juvenile delinquency extent: numbers of individuals (found guilty) or numbers of events, such as findings of guilt, adjudgements or cases in which a juvenile was a suspect. Let us mention another type of dates which in its character is approximate to the latter category: numbers of offences where juveniles were suspects. Relevant information is provided for by police statistics. According to data of that kind, numbers of offences where juveniles were suspects were 99,588 in 1956 and 110,892 in 1967. 8. Also various ways of interpretation of known juvenile delinquency extents as well as various standards of such extents were discussed. In dealing with legal order endangered by juveniles, attention will first of all be paid to the numbers of offences where juveniles were suspects, especially, so if that standard would adequately be enriched by data concerning the kind or importance of such offences. If interest is taken in quantitative aspects of tasks facing ouf courts of law, the juvenile delinquency extent will be looked at through a prism of the number of adjudgements (especially - of findings of guilt) as well as of the number of subjects under the juvenile court control due to execution of educative or correctional means adjudicated. In that particular area, the extent of juvenile delinquency for the recent seven-year period considerably increased, what might to a certain degree be related to a general increase of the youth population in this country in that period. If one wants to know the degree to which manifestations of known to the police major juvenile depravity has bęen spread, delinquency rates should be used or - what even allows for a broader look at that problem - the percentage of those found guilty for offences committed at their juvenile age in relation to the young adult population born in particular year groups. The abovementioned rates as well as - though to a minor extent - the percentages seem to show that the known juvenile delinquency in this country increased, especially for the last few years. 3. A definition of the delinquency structure is usually understood to include the elements delinquency is composed of and the numerical ratio of delinquency groups differentiated either from delinquency as a whole or from its particular categories. If so understood, in analysing the delinquency structure it is only natural to use a body of information in which offence is a unity. This may be data on the total number of offences committed in a selected area at a certain definite time, irrespective of the method of its evaluation; this may also be a body of data on known offences, on offences where a suspect had been determined in the course of preparatory proceedings or, finally, a body of information about offences where offenders had lawfully been convicted or found guilty. In most cases no such data are available (except perhaps for the second of the mentioned bodies of information which is a fundamental section of police statistics). However, where interest is taken in the delinquency structure, related to a definite category of offenders - to juveniles, the analyser is as a rule compulsed to search for material of different kind. Such material would usually include data on findings of guilt, enriched as they are with information about the nature of offences concerned. An analysis of such data leads to the following conclusions: A considerable increase in the number of findings of guilt in 1961-1967 failed to produce any substantial changes of the juvenile delinquency structure. It is still offences against property (86 to 89 per cent) which are dominant in juvenile delinquency - mostly including theft of things of minor value. Besides, a somewhat numerous group embraced offences against the person (5 to 7 per cent), in which slight bodily harm (about 1/3 of cases), assault (1/5 of cases) and battery or grievous bodily harm dominated. Annually, there were 5 to 11 juveniles found guilty for murder and 21 to 35 for manslaughter. In 7967,614 juveniles were found guilty for sexual offences (1.7 per cent of the total number of findings of guilt in that very year); rape was found in more than a half of cases, the remaining ones having been fornication with juveniles below 15 years of age. About one per cent of cases included offences against public order officers. Offenders of other categories were few. A higher than average increase in the number of findings of guilt for housebreaking or burglary, for damage done to property, a series of offences against the person and for rape has been noted since 1961. This was accompanied by an increase of the mean age of juveniles found guilty annually - from 13,8 years in 1961 to 14,3 years in 1967. It is no wonder then that first of all an increase in the proportion of offences committed by juveniles of older year groups has been observed. A peculiarity of the.juvenile delinquency structure becomes clearly-cut, indeed, when compared with the young adult and adult delinquency structures. Differentiation of only 4 delinquency groups (against property, against the person, sexual offences and those against public order officers) is sufficient to embrace a) almost the entire juvenile delinquency (93 to 96 per cent), b) a considerable proportion of young adult ddlinquency and c) but only below 60 per cent of adult delinquency. The fact that a great majority of juvenile delinquency are related to offences against property (chiefly theft) of minor importance must by no means stipulate that such a delinquency should be neglected. On the contrary, the effects of commitments of various, often slight, offences turn out too often to be serious. This may not be clear when only single cases are considered but when the developing process of juvenile social depravation is taken into account whose that sort of offerences are but a fragment only. According to findings of individual studies, the extent of juvenile offenders demoralization shows either a slight or no connection with the objectively evaluated specific gravity of offences ascribed to juveniles. 4. The activities of juvenile courts or of ordinary courts of law with regard to the adjudication of educative or correctional means upon juveniles in 1951-1967 was the last question discussed in the study. A salient feature of the adjudication by our courts upon juveniles is their very considerable caution in applying means connected with separation of a juvenile from his or her familial community and sending them to an institution. The percentage of juveniles upon whom approved school or borstal had been adjucated was between 10 and 14 per cent, in recent years having been stabilized as l0 to 11 per cent. From that fact a conclusion can hardly be drawn that it was only every 9th or 10th juvenile upon whom an institutional order was considered necessary. Because it should always be remembered that the adjudication in that particular subject is influenced not only by an evaluation of the degree of juvenile social depravity, of educational valours represented by the juveniles' environment, of needs of the juvenile's himself, but also by the realistic possibility of execution of such an adjudication since there is chronic lack of placements in approved schools and very often felt lack of placements in borstals. With respect to further 15 to 24 per cent of juveniles found guilty, eventual need for applying institutional treatment must have been felt by the courts since executions of relevant adjustications had been suspended and 3/4 of cases were placed on probation. Probation was the most frequently applied means with respect to juveniles. That particular means was applied almost in 1/3 of all juveniles found guilty, the proportion of such adjudications having considerably increased in 1951-1967, i.e from 23.2 per cent to 32.2 per cent, so that the yearly number of juveniles placed on probation augmented threefold. Supervision order is another kind of means which used to be more frequently adjudicated early in the fifties and now it is adjudicated upon every 4th-5th juvenile. Most probably, the observed changes regarding preference of adjudication of probation is caused by development of such services enabling probation of increased numbers of juveniles found guilty. Admonition was a mean whose application seemed to be decreasing (it was adjudicated upon 23 per cent of juveniles in 1951 and only upon 14 per cent in 1967). A rapid decrease in the number of juveniles upon whom the courts were satisfied by applying that particular single act a few years after 1951, was probably due to a simultaneous rapid growth of the mean juvenile defendant age progressing according to a rise of the age limit of juvenile responsibility from 7 to 10 years of age (1954). On the other hand, the recently observed considerable decrease in proportion of such adjudications is undoubtedly closely connected with advising the courts in terms of limitation of means to be adjudicated upon juveniles of younger year groups. The choice of adequate educative or correctional means was no doubt influenced not only by the court having been convinced as to which was the best mean for the juvenile's re-education but also what were the realistic possibilities to get the mean executed. An open question is to what extent the changes of the structure of adjudicated means are a result of changes in categories of juveniles appearing at the courts.
    Źródło:
    Archiwum Kryminologii; 1969, IV; 149-202
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Dzieci z 200 rodzin alkoholików i alkoholiczek
    Children from 200 Families of Alcoholic Mothers and Fathers
    Autorzy:
    Strzembosz, Adam
    Powiązania:
    https://bibliotekanauki.pl/articles/699280.pdf
    Data publikacji:
    1976
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    nieprzystosowanie społeczne
    patologia społeczna
    dziecko
    klasy społeczne
    alkoholizm
    przymusowe leczenie alkoholików
    social maladjustment
    social pathology
    child
    social classes
    alcoholism
    compulsory treatment of alcoholics
    Opis:
    1.  Subject of discussion will be such families of alcoholics (involving mothers and fathers) from the area of Warsaw, where the necessity arose to curtail, or suspend parental authority or deprive parents of such rights completely. The families investigated can be divided into the following categories: families where only the father was an alcoholic - 95 families (49.5%), families in which the father as well as the mother were alcoholics 64 families (33.3%) and families where only the mother was an alcoholic 33 familes (17.2%).* Note in the material studied here that as many as 54.5% of the mothers were considered to be alcoholics, and in this case 46% of these mothers-, alcoholics were registered as prostitutes. The mothers who were alcoholics had in 39% of the cases been convicted by courts (those who were not alcoholics in about 20% of the cases). Data regarding fathers who were alcoholics, whose average age in 1973 was 44 years, testify to the fact that the majority of them had no prior convictions or were only once convicted (57%): those with multiple convictions (four times and more) accounted for 20%. In the delinquency structure of the fathers was a predominance of violent offences committed when intoxicated. The majority of the fathers (57%) did not work or worked only on and off . The material conditions in these families of alcoholics were very unfavourable. 68% of these families lived in misery and want. Complete neglect of the children was found as regards the overwhelming majority of the fathers (62%) and a large number of mothers (41%). Especially adverse was the situation in families where the mothers were alcoholics and where misery and want was found in as many as 80%, complete neglect of the children by mothers in two-thirds of the families. As results from the above-mentioned data the situation of children in the families examined (especially in families where the mothers were alcoholics) was very bad; the criminality on the part of the fathers was, however, not a special problem here. 2. In 200 of the families of alcoholics, surveyed here, 487 children below the age- of 18 were brought up - 258 boys and 229 girls. Among these children, 20% were of pre-school age, 39.8% between 7 and 12, 38.2% between 13 and 17 years. The follow-up period was studied, regarding 487 children and juveniles from these families until the oldest among them (being at the beginning of the study above 10 years old) had reached the average age of 20 years. It should, however, be borne in mind that during the follow-up period only those data were at the disposal which could be obtained from official records, which contained information about cases brought before a court and arrests of these individuals by the police. Thus, an essential shortcoming, connected with the impossibility to conduct environmental interviews, is the lack of information about other facts, besides those in the records, such as symptoms of social maladjustment or whether the investigated individuals possessed professional qualifications and whether they had worked, in which milieu they had lived, whether they had systematically drunk alcohol to excess, etc. But data found in the records of the guardianship court, regarding the school period of the juveniles exactly characterize the extent of their social maladjustment. Significant is above all the fact that the sons of alcoholics (fathers and mothers) were often delayed in their studies at school. Among the boys below ten years one-third were already delayed in their studies: at the age between 10 and 12 half of them, however above 12 three- fourths. Among the latter there were 63% delayed by two or more years. Among girls below 10 years 14% were delayed, at the age between 10 and 12-44%, and above 12 - as many as 69%. Among girls aged above 12-43% were delayed by two and more years. Among older boys as well as older girls approximately half were children, systematically playing truant. Note data, pointing to the fact that as many, as 35% of the girls between 14 and 17 showed symptoms of sexual demoralization. In 1975 when 270 boys and girls were already above 18 years old, and their average age amounted to 20 years, it turned out that 22% of the boys had already been tried by juvenile courts, 18% had been brought before juvenile courts as well as the ordinary court and 16% only before an ordinary court. Thus generally speaking, those who faced trials during their juvenility or were convicted after having reached the age of 17, accounted for as' much as 55%. Those convicted when over 17 accounted for 34%, in addition to this 12% were indicted, which gives a total of 45% of young adults who committed offences that were reported when they were over 17 years of age. The percentage given above (55%) of those who were tried when still juveniles or convicted after the age of 17, should be considered as a high one. But the degree of delinquency disclosed is small (62% of the convicted individuals were convicted only once); it should, however, be borne in mind that only three years divided them from the age of amenability to law. To the above mentioned data should be added information regardin arrests by polic because of intoxication - as many as 61% of those convicted (or tried) had already been arrested before because of insobriety, and among those without court records - 12%. However, information regarding the delinquency of daughters of the investigated families testifies to the fact that only 15% of them had court appearances (taking into account also the period when they were juveniles). None of the girls was registered as a prostitute. Worth emphasis is the fact that children brought up in families where the mothers are alcoholics were not more frequently convicted or. arrested because of intoxication, than those where only the father was an alcoholic. The entire aspect of data related to the follow-up period of children from families of alcoholics up to the time when they were on an average 20 years old indicates that approximately half of the boys (45%) were neither convicted nor arrested by the police because of intoxication and that 79% of the girls were neither convicted nor arrested by the police. These data, due to the lack of detailed environmental interviews, as already mentioned before, do not permit identification of this category of juveniles with young adults showing no symptoms of social maladjustment. Examining the entire aspect of the studies under discussion it would be worth while to mention the results of research, conducted under the guidance of Professor Swięcicki in the years 1967-1968 on children of families of alcoholics, who underwent treatment in several outpatient clinics to cure their drinking habit, results which showed, that in these families there were twice as many pupils repeating the same grade in school and young persons between 18 and 27, maladjusted to life in society, than in families of control groups from the same social milieu. Simultaneously a significant fact was noted, namely that in families belonging to the category with the worst expectations a considerable part of children did not reveal symptoms of social maladjustment. One may assume that to a considerable extent this depends on the biogenetic and psychogenetic features of the children partly being modified by sociogenetic factors, be noticed themselves, which are only in our studies, too, could a considerable group of young adults, not convicted arrested in an inebriate state by the police, youngsters who perhaps did not reveal symptoms of social maladjustment, something which could, however, be established only on the basis of detailed studies of the milieu.
    Źródło:
    Archiwum Kryminologii; 1976, VII; 265-286
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Rodziny wieloproblemowe – charakterystyka 222 rodzin z dzielnicy Praga-Północ
    Multi-problem Families - the Characteristics of 222 Families From the Warsaw District Praga-North
    Autorzy:
    Kossowska, Anna
    Powiązania:
    https://bibliotekanauki.pl/articles/699070.pdf
    Data publikacji:
    1982
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    rodzina wieloproblemowa
    Praga-Północ
    rodzina
    nieprzystosowanie społeczne
    alkoholizm
    przestępczość
    typologia rodzin
    karalność
    multi-problem family
    Prague-North
    family
    social maladjustment
    alcoholism
    criminality
    family typology
    penality
    Opis:
    The object of the study initiated in 1975 in the Department of Criminology of the Polish Academy of Sciences was to get acquainted with the extent of social maladjustment in the families known to be characterised by the cumulation of socially negative factors. They were, called multi-problem families. In on study primary criteria for the selection of families were alcoholism and excessive drinking, which was based on the assumption, proved by many criminological studies, that alcoholism causes the most severe disturbances in the functioning of the family. Other symptoms of social maladjustment, such as crime, prostitution, child neglect, were recognized as the derivatives of alcoholism. 222 families living in the Warsaw district Praga-North were examined, in which at least 2 adult membres were known to the police as regular excessive drinkers. Data about the families examined were gathered by means of interviews with the district constables of the police. On the grounds of the interview a questionnaire was filled in, including such data on all members of the family who were living together, as: regular excessive drinking and behavior related to it, delinquency, trouble-making and threat to the safety of their family and neighbours, attitude towards work, performance of parental duties, prostitution and other symptoms of social maladjustment. They were supplemented by the data from other official sources, among other: court records, registers of the detoxication centres, data from the juvenile section of the police regarding the state of care of the children and their social maladjustment. The majority of the multi-problem families examined inhabit poorly planned areas. The houses are mainly old, neglected, assigned for demolition (and thus not repaired). There are no bathrooms nor WCs. Many of the tenements lack running water. The housing conditions of these families as regards the density of their tenements is considerably poorer than the average of the remaining part of the district and of the entire city. The financial standing of the families, according to the police constables, is “poor” or” very poor” in over a half of the examined cases. The social and professional status of the members is low. 70% of men and 90% of women lack any vocational training. At the time of research, the examined population of 222 families consisted of 437 men and 360 women aged over 17 and 233 children aged 0-16 (over a half of them were small children aged up to 10). The extent of social maladjustment of the entire adult population is as follows: As few as 9% of the men and 37% of the women do not drink excessively. The remaining regularly drink excessively or are alcoholics. It is interesting that a substantial intensity of excessive drinking was found even among the youngest group of the examined adult males, that is those aged 17 - 20. Only 15% of the men in this age group do not drink excessively. The excessive drinking of the persons examined is connected with other symptoms of “problem drinking”. Over 57% of the men and 17% of the women were detained at the detoxication centre more than 3 times. The persons under examination also frequently have cases brought against them in the Penal Administrative Commissions because of breaking of peace when intoxicated. Over 40% of the men had such cases brought against them at least 3 times. More than a half of the men in the multi-problem families are the so-called “persons dangerous to other members of the family when drunk”. This stands for behavior such as making rows at home, beating their wives or other members of the family, turning them into the street, demolishing their flats. The population of the men is also characterized by an improper attitude towards work. Approximately 45% of them do not work though they could. On the basis of the obtained information it can be stated that they either are provided for by the others, or they live on illegal business or various odd jobs, or they profit by illegal means. In the light of the data mentioned above as to the drinking habits of the members of the families examined the question arises if any relationship can be found between their excessive drinking and their staying out of work. Approximately 92% of the men who are known to stay out of work without any reasonable cause can be recognized as alcoholics. The extent of crime in the multi-problem families is significant, with 57% of the men having been convicted at least once, and 32% - 4 times or more.  There were also 20% of the women with criminal records. Contrary to expectation, in the structure of crime of the examined population violent offences balance those against property. Among the population of the women from the problem families, 1/5 are suspected of prostitution. When discussing the social maladjustment of the women, the problem of performing maternal duties cannot possibly be ignored. 70% of the mothers of small children do not secure the care for them, and in some cases the child neglect becomes more flagrant. Only about 1/5 of the entire population of the adult members of the families examined reveal none of the symptoms mentioned above, the percentage in the case of men being as low as less than 9%. In the second part of the study an attempt is made to characterize the families from the point of view of the intensity of social maladjustment in the entire family. Among the 222 families there were 39, the members of which had no criminal record, that is, in over 80% of the families there occurs the co-existence of alcoholism and crime. In more than half of the families not even one adult member could be recognized as positive - that is, not drinking excessively, with a clear court record and regularly working. There is one such person in 54 families, 2 such persons in 36 families, and in only 15 families 3 persons were recognized as favourably meeting the above criteria. On the basis of the proceedings employed to define the degree of social maladjustment of each of the families, nearly 1/3 of them were found to reveal a very high intensity of cumulated symptoms of social maladjustment. Such families create a serious social problem to the still greater extent than the others. Analysing the educational situation in the families on the basis of their classification as regards their structure, the situation in question is found particularly unfavorable in the families where the mother regularly drinks excessively or is a prostitute. This applies particularly to the situation of small children. In nearly all the families with small children the sometimes flagrant negligence of the children was found. The mothers did not care for their children, left them without any care, did not secure for them any sufficient food nor clothing, the children having in many cases no other source of assistance. As the children grow up, their neglect and the influence of negative social patterns in the family repeatedly lead to the symptoms of social maladjustment, which increase gradually sometimes reaching very grave forms. Multi-problem families require special care and assistance of the qualified social services. This applies particularly to children who are brought up in exceptionally unfavourable conditions. An early intervention in the situation of those children is vital. It should lead to neutralizing the negative influence of family milieu, which in a great part of the cases requires the isolation of the children by placing them in a children's home. The assistance applied towards the family should also consist in financial and medical aid (including the treatment of early stages of alcoholism).
    Źródło:
    Archiwum Kryminologii; 1982, VIII-IX; 291-337
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Zagadnienia psychopatii i resocjalizacji przestępców-psychopatów w dziejach polskiej myśli kryminologicznej
    The problems of psychopathy and resocialization of psychopathic offenders in the history of polish criminological thought
    Autorzy:
    Nelken, Jan
    Powiązania:
    https://bibliotekanauki.pl/articles/699322.pdf
    Data publikacji:
    1989
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    psychopatia
    resocjalizacja
    charakteropatia
    przestępcy
    historia
    psychiatra
    patologiczny
    psychopata
    alkoholizm
    leczenie
    kryminologia
    osobowość
    zmiany
    psychopathy
    resocialization
    characteropathy
    offenders
    history
    psychiatrist
    pathological
    psychopath
    alcoholism
    treatment
    criminology
    personality
    changes
    prognosis
    Opis:
                  The notion of psychopathy as deficiency of emotions, will, and drives was shaped in the late  19th and early 20th century (Koch, Birnbaum, Kraepelin, Schneider). In Poland between the two world wars, studies of psychopathy were carried out by outstanding psychiatrists (Radziwiłłowicz, Wachholz, Nelken, Łuniewski) whose works initiated the development of criminal psychopathology in our country. Their opinions were as follows: the basic trait of a psychopathic character is a pathological moral defect the intensity of which rnay differ in different individuals. Against that background, many other disorders exist, most frequent being a pathological increase of affectivity. The pathological moral defect results from the psychopaths deficient emotions. The pathological mental changes are quantitative and not qualitative which is why psychopathy cannot be considered a mental illness. The opinion prevailed that psychopathy has constitutional grounds as opposed to pathological changes of character caused by other factors (e. g. brain lesions). It was also believed, that external factors, the social environment, alcohol and drugs above all, contribute to the shaping of a psychopathic character.                Psychopathy was considered a highly crime-generating factor and the ground of many cases of alcoholism and drug addiction. As a constitutional and permanent condition psychopathy is not susceptible to psychiatric treatment; the researchers believed that imprisonment creates the proper conditions of resocialization of psychopathic offenders. The type of prison for psychopaths who commit offences was discussed, the question being whether they should be kept in normal prisons with other prisoners, or in special penal institutions. In the 1930's, a criminal-biological examination of prisoners starred, initiated by the Ministry of Justice, with psychiatric and psychological examination playing the leading part. The aim was mainly to work out a system of segregation of  prisoners who were to be put in appropriate prisons with different rules. The outbreak of World War II stopped the project.                The postwar Polish publications usually point to the crime-generating faculties of psychopathy which result from its being a deficiency of emotions, will, and drives and an individual's permanent condition although it may be lessened or aggravated in various stages of life according to physiological processes and external conditions. As manifested by studies carried out in Poland, mainly the psychiatric ones, there is a considerable number of psychopaths among the perpetrators of various types of offences. Among those guilty of murder, 29.4 per cent of psychopaths were found (Fleszar-Szumigajowa it al.), among thieves of public property-26.19 and of private properly - 28.12 per cent (Malik). There were 48 per cent of psychopaths among recidivists ( Ostrihanska). The above proportions do not include offenders with psychopathological traits similar to psychopathy but resulting from a disease or lesion of brain (the so-called characteropaths).                Among the different types of psychopaths, particular attention should be drawn to unqualified psychopaths (emotionless according to Schneider’s classification) and to schizoidal psychopaths. Representatives of both these types can be found among serious criminals, murderes in particular, and among recidivists. As follows from psychiatric examination of murderers, sex murderers ale usually unqualified or schizoidal psychopaths (Szymusik). Despite their common characteristic, i. e. the deficient emotions, there two typ.. of psychopaths differ from each other to some extent which is important from the point of view of criminal psychopathology. An unqualified psychopath is usually characterized by a more marked deficiency of emotions and behaviour his environment frequently perceives as contradictory to the rules of social life. Instead, the emotional deficiency of a schizoidal psychopath is accompanied by his tendency to conceal his real emotions and intentions from the environment and to ambivalence, making this type of psychopath more difficult to diagnose as dangerous to others. The above findings have been obtained from specially selected groups  i. e. persons suspected of offences or convicted, who were subjected to psychiatric examination because of their unusual behaviour as a rule.                As regards the problem of criminal responsibility of psychopaths, an opinion prevails that such persons are accountable in principle. This follows from the fact that psychopathy is not a mental disease, a psychopath retaining his ability to understand the nature of his act as he is not mentally deficient and usually has a normal I.Q.A psychopaths is also able to control his conduct: as shown in practice by a number of cases, psychopaths. usually desist from the intended act if they find the conditions to be unpropitious; they also retain critical judgement of the separate elements of a given situation, thus to secure for themselves the necessary conditions and to be safe after the act. Thus in such psychopaths, intellect is able to control the deficient emotions and will to the extent that they discern the chances of a temporary gain. A psychopath may be found to have diminished accountability in particular cases only, and to be non-accountable -exceptionally. This takes  place if his ability to control his own conduct was largely limited or entirely supressed due to the type of psychopathy (e. g. in depressive or vehement psychopaths), the particular, circumstances of the act which increased the psychopathic reaction,  or the additional mental complications (e. g. mental deficiency found jointly with psychopathy).               Resocialization of psychopathic offenders proved a difficult problem in practice due to their abnormal personality and reaction to imprisonment. Psychopaths serve their terms in special prisons for persons in need of particular medical and educational measures. Among   their inmates who deviate from the mental norm, psychopaths constitute 40 per cent. They are resocialized through initiation into discipline, order and work, and through additional general or professional schooling if necessary.  They also undergo psychocorrective treatment individually or in groups with specialized prison staff; the treatment is aimed at arousing in them a critical attitude towards their own conduct. Having served their term, psychopathic recidivists are subjected to protective supervision of a court-appointed curator, the aim of which is their further resocialization and prevention or their relapse into crime. If a recidivist evades supervision on release, he is placed in a social adjustment centre by a court's decision. In the centre, psychopaths should receive a treatment conducive to their resacialization. Psychopaths receive postpenitentiary assistence, if necessary, which consists mainly in finding a job and lodgings (e. g. in a worker’s hostel) for them. Yet many psychopaths relapse into crime despite that assistance. To end with, the fact is stressed in the paper that small differences in the definitions of psychopathy given by the  separate authors and the sometimes found diagnostic differences- are not sufficient grounds for the term ,,psychopathv’’ to be replaced with other terms leading to considerable ambiguity. ,,Psychopathy’’ is a diagnostically established term and its replacement with ,, personality disorders’’ or ,,abnormal personality’’ only makes the problem obscure, blurring the difference between psychopathy and characteropathy, and between psychopathy and conditions such as neuropathic disposition and pathological character changes resulting from alcoholism or drug addiction. An explicit definition of the differences between these psychopathological conditions is most important for  judicial decisions and forensic psychiatry, for defining the chances and methods of treatment, and for criminological prognosis.
    Źródło:
    Archiwum Kryminologii; 1989, XVI; 245-276
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Orzecznictwo sądowo-psychiatryczne w świetle 4200 ekspertyz szpitalnych
    Results of forensic-psychiatric examinations of 4200 offenders
    Autorzy:
    Uszkiewiczowa, Lidia
    Powiązania:
    https://bibliotekanauki.pl/articles/699188.pdf
    Data publikacji:
    1960
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    orzecznictwo sądowo-psychiatryczne
    ekspertyzy szpitalne
    sprawy karne
    obserwacja kliniczna
    szpital psychiatryczny
    psychopatia
    alkoholizm
    niedorozwój umysłowy
    schizofrenia
    forensic-psychiatric examinations
    mental hospitals reports
    criminal cases
    delinquency
    offences
    psychiatric hospital
    psychopathy
    mental deficiency
    alcoholism
    schizophrenia
    Opis:
    The present contribution discusses the results of 4200 forensic-psychiatric  reports given, in the years 1953 to 1957, by twenty-one mental hospitals and the Department of Forensic Psychiatry of the Psychoneurological Institute, where copies of such reports, given by all the major mental hospitals in Poland, are collected. The present contribution does not take into consideration 300 reports in which no symptoms of a disease have been found with the subjects investigated, nor yet any mentally abnormal states, as well as 460 reports concerning reactive psychoses and 80 cases of simulation which arose only after the arrest of the investigated. (Cases of reactive psychoses and simulation will be dealt with separately, because of the altogether peculiar problems involved). Even though the leaving out of the account of the psychiatric examinations carried out in the Public Prosecutors’ Offices and the Courts of Law does not allow us to draw conclusions with regard to all those offenders suffering from mental disorders who have been submitted to examination, nevertheless, the large number of hospital reports available would seem to constitute valuable psychopathological and criminological material. 1. In investigating the cases sent by the Public Prosecutors’ Offices and the Courts to mental hospitals for psychiatric observation, we find, on the basis of available material, that the percentage of psychoses – setting aside reactive psychoses – is small, as it does not exceed 22 per cent. Three items: psychopathy, mental deficiency (most frequently a light feeble-mindedness or moronity) and alcoholism jointly account for a total of 50.8 per cent of the cases, and if, over and above that, we take into consideration post-traumatic mental disorders, epilepsy, post-encephalitic disorders and such like cases, it will appear that as many as over three-fourths of the reports given concern non-psychotic  states. Psychopathy accounts for 27.4 per cent of the cases, alcoholism and mental deficiency for 15.8 per cent each, post-traumatic disorders for 5.9 per cent, epilepsy for 4.7 per cent, and post-encephalitic disorders for 1.5 per cent. In the material under investigation cases of psychopathy amount, in reality, to more than 27.4 per cent, since cases of reactive psychoses and simulation, in which psychopaths figure extremely often, have been left out of the account. Similarly, there are probably more post-encephalitic states, which, having failed to be properly diagnosed, figure in cases which come under other heads, because of the lack of reliable interviews and the negative result of the neurological examination (in particular, in the mental deficiency and psychopathy groups). Cases of alcoholism, too, are less numerously represented in the material under investigation than would seem to result from the diagnoses contained in the reports. There can subsist no doubt that, apart from cases where the diagnosis reads ,,chronic (or else habitual) alcoholism", we also meet with alcoholism with a great many of such of the investigated with whom other pathological states have been diagnosed, and where alcoholism merely constitutes an additional factor, as a complication of other mental disorders. Altogether, the percentage of alcohol addicts amounts to at least 28. Among psychoses, schizophrenia is the one most numerously represented (510 cases). Only 29 delinquents suffered from manic-depressive psychosis, 62 from general paralysis, 30 – from involutional psychosis, 28 - from senile dementia. There were 19 cases of delusional psychosis, and 14 cases of paranoia. The number of cases with cerebral arteriosclerosis was 49, and that of cases of cerebral syphilis - only 20. In 44 cases it was a matter of twilight states with non-epileptics; here belong 30 cases of pathological drunkenness, 7 cases of pathological affect, 3 cases of ,,short-circuiting" (the so-called „Kurzschlusshandlungen” in German), and 4 cases of twilight states with an obscure etiology. 87.1 per cent of the reports concern men, 12.9 per cent - women. For every 100 men investigated there were only 14.9 women, while in the 1955 judicial statistics there were as many as 30 convicted women to every 100 convicted men. Cases of psychopathy, mental deficiency and schizophrenia constitute 61.3 per cent of the total of reports concerning women, while with men the above three items only amounted to 63.8 per cent after cases of alcoholism were added to them. Women are relatively most numerously represented in involutional disorders and manic-depressive psychosis. 2. When we examine the data concerning delinquency, it is obvious that it is the perpetrators of manslaughter, sexual offences and arson that are particularly numerously represented in the judicial psychiatric material. The most common offences against property, which constitute 33 per cent of the total number of offences in the material under investigation, reach the highest percentages in those cases which are not psychoses. On the other hand, among the offences perpetrated by persons suffering from psychoses there are relatively more offences against life and health, and, in particular, of manslaughter. Manslaughter amounts to 14 per cent of the offences committed by the persons investigated suffering from involutional psychosis, to 12.2 per cent of those committed by sufferers from schizophrenia, to 11.1 per cent of those committed by sufferers from paranoia, to 10 per cent, with sufferers from senile dementia, while with psychopaths the figure is only 5.7 and with oligophrenics - 4.7. Altogether, there were 288 cases of manslaughter or murder in the material investigated, and of these 77.4 per cent were divided between cases of psychopathy (67 cases), schizophrenia (67 cases), alcoholism (51 cases), and mental deficiency (28 cases). Among the 179 cases of sexual offences the bulk were cases of misconduct with persons under 15 years of age (93 cases), there were 43 cases of rape, 21 cases of incest, 12 cases of exhibitionist acts. Nearly 70 per cent of the sexual offences have been committed by psychopaths (55), oligophrenics (41) and alcohol addicts (28). On the other hand, the relatively highest percentage of such offences is to be met with those suffering from senile dementia, cerebral arteriosclerosis, and with mental deficiency. As far as arson is concerned, which in the material under investigation amounted to 3.3 per cent of the total number of offences, percentages higher than average ones are to be met with in cases of involutional psychosis, senile dementia, schizophrenia and mental deficiency. Out of a total number of 146  cases of arson, 53.4 per cent were accounted for by schizophrenia (40) and mental deficiency (38). With psychopaths and alcoholics comprised by the material under investigation cases of arson are extremely rare. Examining the delinquency of 158 epileptics, we establish that both the percentage of manslaughter and the number of cases of arson are small. What is worth while noting beside that is the fact that only in 24 cases the offence was perpetrated in a twilight state. The data concerning the delinquency of 510 schizophrenics bear witness to the fact that it was only a mere 8 per cent of the investigated that committed the offence during the first year of their illness, while the majority of cases the latter has been going on for above three years. When we analyze the 67 cases of manslaughter we find that it was only in two cases that the manslaughter was committed in the initial stage of the disease and constituted, as it were, the first visible sign of the schizophrenic process. In delusional psychoses cases of manslaughter were frequent, differently from cases of paranoia. In the few (29) cases of manic-depressive psychosis only one offence was committed in the depressive phase, white all the others were committed in the maniac phase or else in the hypomanic state. Deserving our attention is the lack of any more serious offences against life and health in this group. In the 30 cases of involutional psychosis more than one half of the offences consisted of those against life and health. Among the offences committed by the 49 persons with symptoms of cerebral arteriosclerosis, one-third consisted of offences of a serious character, while with the 25 patients suffering from senile dementia as many as one-half of the offences belonged to the category of serious offences. The delinquency of the 62 sufferers from general paralysis is almost exclusively reduced to offences of small importance of similar character as were the offences committed by the 20 sufferers from cerebral syphilis. In the 44 cases of twilight states (pathological drunkenness, pathological affect, and others) still 50 per cent of the offences consist of offences against life and health; 18 people fell victim to manslaughter. 3. The Polish Criminal Code, in force since 1932, contains provisions concerning, both in cases with mentally abnormal states, a state of irresponsibility and of diminished responsibility. A state of irresponsibility occurs when, at the time of committing the offence, the accused did not understand the significance of the deed he was perpetrating, or else was unable to direct his conduct because of psychosis, mental deficiency or other psychical disorders. A diminished responsibility occurs when, because of one of the reasons mentioned above, the ability of the accused to grasp the significance of the offence committed by him, and to direct his conduct was considerably limited. With regard to such and offender the Court may apply an extraordinarily mitigated penalty, while with regard to an offender who has been declared irresponsible, of course, no penalty at all may be applied. The offenders declared irresponsible are, by virtue of the Court's decision, transferred to a general mental hospital, if their staying at large could be dangerous for the legal order. They cannot be released from the hospital by the Court earlier than after the lapse of one year. An offender with regard to whom a diminished responsibility has been decreed and who is dangerous to the legal order may also be placed in a mental hospital (he, too, can be released from there by the Court not earlier than after the lapse of one year at the least). If the Court has sentenced such an offender to serve a term of imprisonment, the question of whether or not the penalty decreed is to be served is decided by the Court after the offender's release from the mental hospital. In cases of psychosis, forensic psychiatrists always decree irresponsibility. In cases of mental deficiency their decree depends on the degree of such deficiency, while in the cases, most frequent in judicial practice, of mild subnormality (morons, debils) –  also on the, category of the offence which has been committed. Psychopaths are, in principle, considered to be fully responsible. Altogether, out of a total of 3900 delinquents examined 24.7 per cent of the cases have been pronounced by experts to be irresponsible, 23.1 per cent of the cases – to have a diminished responsibility, while 50.7 per cent of the offenders have been declared to be fully responsible. 4. As far as experts' opinions are concerned with regard to the application of internment in mental hospitals of offenders pronounced to be dangerous for the legal order, as well as irresponsible, out of a total number of 946 offenders declared irresponsible, a mere 34 per cent have been pronounced to be dangerous. Moreover, in 31 per cent of the cases, experts have pronounced for the necessity of hospital treatment under ordinary circumstances. Finally, 35 per cent of the offenders pronounced to be irresponsible have been described as not standing in need of any hospital treatment. A diminished responsibility has been decreed by the experts in a total of 855 cases, but only 6.4 per cent of the latter number have been pronounced to be dangerous to the legal order and to stand in need of internment in a mental hospital. Apart from the above, only in 10 per cent of the cases, experts have pronounced in favor of the need for hospital treatment. In the remaining 83.5 per cent of the cases the experts have confined themselves to stating that the responsibility of the offenders in question was diminished which, in result, comes merely to a possibility of an extraordinary mitigation of the penalty being decreed by the law-court. It is evident from the analysis of the judicial sentences which we have just carried out that experts a[ too unfrequently declare in favor of the need of applying security measures. The result is an irrational punitive policy with regard to such offenders who ought to be approached first and foremost, from a psychiatric point of view. The Criminal Code provisions concerning security measures are obsolete and demand essential alterations, which can only be done by means of codification. Quite independently of the need for extending the network of ordinary mental hospitals, there also exists a necessity of creating a special type of establishments, of a psychiatric-cum-penitentiary character, for a certain category of offenders who exhibit abnormal mental peculiarities and tendencies to recidivism. Equally needed is the establishing of treatment homes for offenders who are alcohol addicts. As it ensues clearly from experiments made in various countries, the application of ordinary penalties to delinquents who require a special treatment from a psychiatric point of view is altogether inefficacious.
    Źródło:
    Archiwum Kryminologii; 1960, I; 297-359
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
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