Temat: Kara - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Kara śmierci w trybie doraźnym (sprawa IVK dor. 24/83 w Sądzie Wojewódzkim w Warszawie)
Capital Punishment in Summary Proceeding
Autorzy:: Rzepliński, Andrzej
Powiązania:: https://bibliotekanauki.pl/articles/698596.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara śmierci
kara pozbawienia wolności
zabójstwo
procesy sądowe
capital punishment
imprisonment
homicide
lawsuits
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 905-943
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 2.

Tytuł:: Pełnoletniość więzienna – strategie adaptacji do długoterminowej izolacji na podstawie analizy przypadków trzech kobiet najdłużej odbywających karę dożywotniego pozbawienia wolności w Polsce
The ‘Penitentiary Age of Majority’: Strategies of Adapting to Long-Term Imprisonment – The Case of Three Female Inmates Serving Life Sentences Longest in Poland
Autorzy:: Ejchart-Dubois, Maria
Markowska, Monika
Powiązania:: https://bibliotekanauki.pl/articles/698682.pdf
Data publikacji:: 2017
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: długoterminowa izolacja
kara dożywotniego pozbawienia wolności
kryminologia
Opis:: According to Polish Penitentiary Service statistics, there were 2131 women serving sentences in Polish prisons as of January 2016, 400 of whom had been convicted for homicide. 13 were serving life sentences. The article describes our research on three women who were the first to be sentenced to life imprisonment in Poland and have already served 19 years of their sentences. During this time, each was transferred to another penitentiary facility at least a couple of times, and changed cells and cellmates several times. Each encountered several dozen educators, psychologists, wardens, and prison directors. This long period also saw significant changes in their family status. The places where they were confined and the people they had met impacted the way each functioned in prison. Our research consisted in an analysis of court records: the sentences, expert, psychiatric and psychological opinions, as well as other documents produced during the course of criminal proceedings, including media reports and prison records (personal file B). Open interviews with the women were a vital component of the study – we met with each inmate at least once and conducted a three-hour interview at her place of detention. The study was carried out between May 2015 and February 2016.By analysing the material collected, we created a criminal profile of each of the women, who had spent the last 19 years in prison. We described the evolution of their attitudes towards the crime and the trial, as well as their outlook as it had evolved throughout their time in prison; their life goals, and the influence of external circumstances (such as their place of confinement and the type of contacts each had with the outside world) on their lives and life plans. It proved extremely difficult to say who these women are. They have not confessed to the crimes for which they were sentenced and have spent a great part of their lives in prison, living without the prospect of being released at any specific time. Their functioning in prison does not match any of the adaptation strategies described in the literature on the subject. The aim of our research was also to determine the purpose of life imprisonment. The question becomes particularly important as the date approaches when these women, the first to be sentenced to this extreme form of punishment, will acquire the right to apply for parole. Our analysis of the way these women have been serving their life sentences shows that Prison Service officers consider the main purpose of life imprisonment to be isolation. This view is not surprising, yet one must ask whether after 20 years in prison one would not do well to reconsider the hierarchy of goals that are to be served by imprisonment. It is beyond doubt that the way the women have been serving their sentences has been influenced by their attitude to the crime and by the fact that none of them had ever admitted her guilt. At the same time none of them denies her responsibility as a participant of the event. Because none of the women studied had ‘killed someone with her own hands’, they are in a convenient psychological position. They do not have to come to terms with having deprived another human being of life, although they do not deny their complicity. Their attitude to the committed crimes might prove decisive when applying for parole. Our research does not provide unequivocal answers to the questions we set out to answer, yet it proves that serving very long sentences should involve planning. The way the women function shows that they themselves largely organise their time in prison, seek work as well as educational, cultural and sports opportunities. The restraint shown by the prison authorities in offering such activities comes from the fact that a life sentence means that working with this category of inmates can always be put off till later. This was evidenced by the vague and general formulation of the goals each of the female inmates had in her individual programme. The place of detention is another important factor when it comes to quality of life in prison. Penitentiary facilities differ in terms of their architectural arrangements, the conditions of imprisonment, but also in terms of the types of activities offered, the possibility of taking up work and study, and the relations between prison staff and inmates. By observing their attitude today, we can conclude that each woman has put her time in prison to a different use. We don’t know what the prison administration and penitentiary court will make of this when the convicts apply for parole. To assess whether the inmates have changed it will not be enough to examine their behaviour and the number of times applications were put in to reward or punish them. We need intensive work with the inmates, in-depth observation and an examination of their personalities, which should be carried out by a qualified psychologist. Yet such opinions are lacking in the penitentiary records of the studied inmates. It is difficult to plan an adequate course of action without assessing the inmates’ current deficits and needs. The studied women each chose a different path for herself. M.R. is succumbing to unconscious degeneration and resignation. She is calculating; she knows how to survive in prison, yet she deeply resents this place. M.O. is the most uncertain and emotionally unstable, one doesn’t know what to expect of her, but as long she does not absorb the attention of the prison staff, they show little interest in her. M.Sz. is the ‘safest’ from the standpoint of the Prison Service; her attitude often evokes surprise that one can be doing so well in prison with a life sentence. One might get the impression that she is acting, but is it possible to pretend for almost 20 years?Because life imprisonment has no fixed term, it seems rational to treat it as a chance to improve one’s life, even if one never leaves the prison walls. This task requires making the inmates feel responsible for every possible area of their lives. Each of the examined women put the opportunities available to her to a different use. The quarter century after which they will be able to apply for a court review of their punishment is a long time, which they, for most part, have not taken full advantage of.
Źródło:: Archiwum Kryminologii; 2017, XXXIX; 249-272
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 3.

Tytuł:: Hube – Makarewicz – Wolter. Trzy koncepcje karania na przestrzeni stu lat
Hube – Makarewicz – Wolter: Three Conceptions of Punishment in the Course of a Century
Autorzy:: Janicka, Danuta
Powiązania:: https://bibliotekanauki.pl/articles/698720.pdf
Data publikacji:: 2017
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara
Hube
Makarewicz
Wolter
koncepcje karania
kryminologia
Opis:: The article presents the views of three prominent thinkers regarding criminal punishment: Romuald Hube (1803–1890), the father of Polish criminal law, Juliusz Makarewicz (1872–1955), the most distinguished interwar Polish lawyer, and Władysław Wolter (1897–1986), the founder of the Krakow school of criminal law. A presentation of the ideas on punishment developed by these masters of Polish jurisprudence provides an overview of the evolution of criminal law and political-criminal thought in Polish lands over the course of a century. Citing selected fragments from the works of the three professors, the Author examines how they interpreted punishment, what they believed its role to be, and what theories of punishment they put forward; moreover, which specific sanctions they supported. The article also assesses the language and discursive style of these leading lights of Polish legal science. Romuald Hube represented the classic school of criminal law. He published his Ogólne zasady nauki prawa karnego (General principles of the study of criminal law), a rudimentary, systematic interpretation of criminal law, at the age of 27. He was one of the first scholars in Europe to promote a mixed theory of punishment, inspired by Hegelianism and combining the idea of retribution with the preventive aims of punishment. Juliusz Makarewicz was a representative of modernism, the leader of the sociological school of criminal law, and the father of the first penal code in independent Poland. He made his reputation in 1906 with the publication of a work on the philosophy of criminal law. He published a broad range of dogmatic and historical studies, textbooks and a commentary on the 1932 Polish penal code. Makarewicz proposed an absolute justification of punishment, yet he saw retribution as ultimately preventive, nolens volens developing a mixed theory of punishment oriented towards specific prevention. Władysław Wolter was a student of the last eminent exponent of the classic school in Poland, Edmund Krzymuski (1851–1928), and at the same time a representative of normativism. He dealt mainly with general issues in criminal law, particularly criminal science. After the introduction of Makarewicz’s penal code, he immediately published his first textbook. He continued his academic career after the war all the way into the 1970s. Wolter adopted a modernist position within penal science and indicated the need for purposive punishment within the bounds of justice; he was therefore also a supporter of a mixed theory of punishment. Although all of the named professors promoted or embraced a mixed theory of punishment, their approach to the penal system differed to some extent. Hube gave priority to imprisonment, which he strongly believed to be important and effective. Makarewicz questioned the effectiveness of imprisonment and proposed a broad array of protective and probation measures, in addition to non-prison punishments. Like Wolter, he espoused the idea of two-track penal repression, i.e. a system of penalties and protective measures in response to criminal offenses. None of the named scholars rejected capital punishment outright, although all of them distanced themselves from it and hoped that it would be abolished in the future. Hube saw death as an exceptional, rarely used sanction. Makarewicz still foresaw no possibility of removing it from the catalogue of punishments due to the needs of criminal policy – he saw capital punishment as a deterrent, thus a general preventive measure. Wolter denied that it had any such impact, arguing that capital punishment did not deter offenders and was only a protective measure. As for monetary fines, Hube believed them to be appropriate only in the case of petty crimes, although he rejected confiscation of property as a sanction that affected the convict’s family. Makarewicz accepted fines, although he pointed to their limited impact and inequality. Wolter wrote in a similar vein, expressing an ambivalent attitude toward this legal sanction, revealing the inequality of its burden given convicts’ differing material status and recommending different legal solutions when it came to this type of punishment. The excerpts from the works of the great masters of Polish criminal science cited by the Author also allow us to see how the language and style of criminal science has changed. Hube was the father of Polish legal language. His analyses were mainly conducted in a philosophical and historical vein. Makarewicz employed a rhetorical style, often emotional, making legal comparisons. Wolter perfected his arguments, often highly abstract, relying mainly on logic and dogmatics. All three scholars were quite familiar with European legal theory and drew on its achievements
Źródło:: Archiwum Kryminologii; 2017, XXXIX; 5-26
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 4.

Tytuł:: Penal Policy in the Russian Federation. Trends and Perspectives
Polityka karna w Federacji Rosyjskiej. Trendy i perspektywy
Autorzy:: Dikaeva, Milana Salmanovna
Powiązania:: https://bibliotekanauki.pl/articles/1375544.pdf
Data publikacji:: 2020-09-28
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: penal policy
Russian Federation
punishment
imprisonment
alternative punishment
polityka karna
Federacja Rosyjska
kara
kara pozbawienia wolności
kary alternatywne (wolnościowe)
Opis:: For many years the Russian Federation has had one of the highest numbers of people incarcerated in penal institutions (per 100,000 population). As of 1 January 2020, there were 523,928 people in prison. An analysis of the legislation and the practice of its application reveals that the main trend of modern Russian penal policy is for stricter penalties, longer prison terms, and inefficient use of alternative punishments. The ongoing trend of humanising and liberalising criminal justice remains virtually invisible and suppressed by a repressive bias, which ultimately prevents it from significantly influencing the overall direction of state policy in this area.
For many years the Russian Federation has had one of the highest numbers of people incarcerated in penal institutions (per 100,000 population). As of 1 January 2020, there were 523,928 people in prison. An analysis of the legislation and the practice of its application reveals that the main trend of modern Russian penal policy is for stricter penalties, longer prison terms, and inefficient use of alternative punishments. The ongoing trend of humanising and liberalising criminal justice remains virtually invisible and suppressed by a repressive bias, which ultimately prevents it from significantly influencing the overall direction of state policy in this area. Przez wiele lat Federacja Rosyjska była liderem pod względem liczby osób osadzonych w zakładach karnych w przeliczeniu na 100 tysięcy mieszkańców. W styczniu 2020 r. w jednostkach penitencjarnych przebywało 523 928 osób. Analiza ustawodawstwa oraz praktyki stosowania kary pozbawienia wolności pozwala zauważyć, że współczesną politykę karną Rosji cechuje tendencja do zaostrzania kar i zwiększanie długości kar izolacyjnych przy jednoczesnym braku efektywności w stosowaniu kar wolnościowych. Represyjne nastawienie władz powoduje, że humanizacja i liberalizacja wymiaru sprawiedliwości karnej w Rosji jest praktycznie niewidoczna i nie ma znaczącego wpływu na ogólny kierunek polityki karnej państwa.
Źródło:: Archiwum Kryminologii; 2020, XLII/1; 23-44
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 5.

Tytuł:: Subiektywna wizja świata u osób skazanych na karę pozbawienia wolności a proces planowania swojej przyszłości
Convicts’ Subjective Worldview vs Planning One’s Future
Autorzy:: Siemionow, Justyna
Powiązania:: https://bibliotekanauki.pl/articles/698694.pdf
Data publikacji:: 2017
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: skazany
kara pozbawienia wolności
regulacyjna teoria osobowości
kryminologia
Opis:: The prison, as a place of detention, has a number of tasks to achieve, one of the crucial ones being to rehabilitate the inmates, i.e. habituate them to life in basic social groups and institutions. The pursuit of this mission makes it necessary to maintain, construct or reconstruct non-existent, broken or dysfunctional social ties, including family ones. The primary goal of the penitentiary rehabilitation process is for the activities that inmates are involved in while serving their sentences to be conducive to taking up appropriate social roles while satisfying their needs in accordance with accepted values, models and social norms. A permanent change of behaviour can only be brought about if preceded by a cognitive change in the inmate’s system of beliefs and mentality. According to the cognitive theory of human behaviour, man’s actions are conditioned by information, while the structure of the information people have internalised determines what aims they pursue and what they avoid. Information comes from two primary sources – from the individual’s environment and from experience. It makes up every person’s subjective worldview and to large extent determines his or her actions. The article presents the findings of research conducted on a group of nine inmates regarding how they planned their future in light of their subjective worldview. The research was conducted in the form of individual, unlimited (time) interviews with the prisoners. The overarching aim was to find out what factors shaped the inmates’ subjective worldview and how the latter translated into what they were planning to with their future after leaving prison. Family and family relationships are one of the key elements that determine how inmates perceive the world. It is with family in mind – as the findings indicate – that inmates formulate their future goals. It is worth noting that the inmates’ approach to planning had changed in the course of serving their sentences – they currently see planning as a value and a condition of a successful return into the open. They shift their attention from the past to the future, they no longer concentrate only on their ‘old’ experiences, traumas and hurts, but begin increasingly to focus on the future and the present. They are critical of their former (pre-imprisonment) lifestyle and the decisions made then. They also distance themselves from their former crime partners, who have abandoned them. Hence, basic therapeutic and psycho-educational work with inmates should be based on the principles of cognitive-behavioural psychology. Using their declared willingness to change, we can raise the effectiveness of rehabilitation. Strong unwillingness to take part in therapeutic programs is a widespread problem in rehabilitation work. Hence, diagnosing or analysing individual perceptions of reality, and particularly the factors that underlie their specificity, is a key factor in bringing about change. Making plans requires looking at one’s past and present life from a different perspective. Imprisonment provides such a new perspective which, in spite of the hardships of detention, can also inspire reflection. For this to happen, the staff needs to be engaged in new programmes and methods of working with inmates. Raising one’s professional competence and increasing the number of one-on-one meetings with a psychologist and/or therapist are only some of the possible solutions prison staff can undertake. Another important element in the process of planning is time: the time already spent in prison and the time remaining until the end of the sentence. The least planning, as research indicates, is done by people who have just begun serving their sentence or who still have a lot of time ahead until release. Of course this does not mean that they do not think about their future life upon leaving the penitentiary facility. It is too great an emotional strain for these prisoners, however, they therefore focus on adapting to the new conditions in the best way possible from the viewpoint of potential gains. In the studied group, planning also coincided with a marked tendency to change, which cannot be achieved without the active support of inmates’ families. Hence it is also important to get the family circle involved the rehabilitation process. It is no easy task, yet doable, as shown by numerous programmes implemented in penitentiary facilities (such as ‘Daddy behind the wall’) which particularly today need to be innovative and adapted to the present.
Źródło:: Archiwum Kryminologii; 2017, XXXIX; 177-196
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 6.

Tytuł:: Orzeczone kary pozbawienia wolności a długość faktycznego pobytu w więzieniu (na przykładzie skazanych za przestępstwa z użyciem przemocy)
Adjudicated imprisonment punishment and the length of actual detention in prison
Autorzy:: Gruszczyńska, Beata
Kulma, Roman
Marczewski, Marek
Siemaszko, Andrzej
Powiązania:: https://bibliotekanauki.pl/articles/698929.pdf
Data publikacji:: 2000
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: statystyka
przemoc
kara pozbawienia wolności
statistics
violence
imprisonment
Źródło:: Archiwum Kryminologii; 2000, XXV; 193-223
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 7.

Tytuł:: Extreme criminal penalties - death penalty and life imprisonment in the Polish penal and penitentiary system
Skrajne kary kryminalne – kara śmierci i dożywotniego więzienia w polskim systemie karnym i penitencjarnym
Autorzy:: Klimczak, Joanna
Niełaczna, Maria
Powiązania:: https://bibliotekanauki.pl/articles/1375564.pdf
Data publikacji:: 2020-04-24
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: life imprisonment
death penalty
prison
penitentiary system
transformation
human rights
kara dożywotniego pozbawienia wolności
kara śmierci
więzienie
system penitencjarny
transformacja
prawa człowieka
Opis:: In the article we analysed how the introduction and application of life imprisonment in the period of transformation has impacted the development of the penitentiary system to date. We answered how and why the legislature eliminated the death penalty from the catalogue of penalties in the Polish Penal Code of 1997, and replaced it with life imprisonment. We took into account the statistics on life sentences passed in Poland. We present the evolution of the prison system, which for a quarter of a century had to cope with this difcult category of prisoners by fnding new legal solutions and applying international standards. We also discussed some conclusions of the scholarly study ‘Te best of the worst and the still evil: Prisoners serving life sentences’, which has been conducted since 2014 by our research team. Te study focuses on the management and application of this extreme punishment in Poland, the adaptation of prisoners with life sentences to the isolation and social dimension of imprisonment.
In the article we analysed how the introduction and application of life imprisonment in the period of transformation has impacted the development of the penitentiary system to date. We answered how and why the legislature eliminated the death penalty from the catalogue of penalties in the Polish Penal Code of 1997, and replaced it with life imprisonment. We took into account the statistics on life sentences passed in Poland. We present the evolution of the prison system, which for a quarter of a century had to cope with this difcult category of prisoners by fnding new legal solutions and applying international standards. We also discussed some conclusions of the scholarly study ‘Te best of the worst and the still evil: Prisoners serving life sentences’, which has been conducted since 2014 by our research team. Te study focuses on the management and application of this extreme punishment in Poland, the adaptation of prisoners with life sentences to the isolation and social dimension of imprisonment. W artykule przeanalizowałyśmy wpływ wprowadzenia i wykonywania kary dożywotniego pozbawienia wolności w okresie transformacji na dotychczasowy rozwój systemu penitencjarnego. Przedstawiłyśmy to, jak i dlaczego ustawodawca usunął karę śmierci z katalogu kar w polskim kodeksie karnym z 1997 r. i zastąpił ją dożywotnim więzieniem. Przedstawiłyśmy analizę statystyki orzekania kary dożywotniego pozbawienia wolności w Polsce od daty jej wprowadzenia. Zaprezentowałyśmy ewolucję systemu więziennictwa, który przez ćwierć wieku musiał poradzić sobie z tą trudną kategorią skazanych poprzez sięganie po nowe rozwiązania prawne i standardy międzynarodowe. Omówiłyśmy także niektóre wnioski z badań naukowych „Najlepsi z najgorszych i źli stale. Więźniowie dożywotni” – prowadzonych od 2014 r. przez nasz zespół badawczy. Badania koncentrują się na zarządzaniu i wykonywaniu tej ekstremalnej kary w Polsce, przystosowaniu więźniów do izolacji i społecznym wymiarze więzienia.
Źródło:: Archiwum Kryminologii; 2020, XLII/1; 225-252
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 8.

Tytuł:: Odstraszające oddziaływanie kary na sprawcę przestępstwa w świetle badań empirycznych
Deterrent Effect of Punishment on the Offender (a Review of Empirical Research)
Autorzy:: Szamota-Saeki, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/699090.pdf
Data publikacji:: 1995
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara
sprawca przestępstwa
badania empiryczne
punishment
criminal offender
empirical research
Opis:: The number of studies on specific deterrence is not large. Some data on this subject can be found in other studies aimed e.g. at evalution of effectiveness of diffrent penal measures, or analysis of criminal careers. One of the reasons of this lack of interest in specific deterrence is a belief, rather common today and particularly marked in the 1960s, that punishment not only fails to deter the convicted person from futher offenses but – quite the contrary - increases the probability of his futher criminal carrer. Another reason is probably the great difficulty in distinguishing for research purposes of the impact of specific deterrence from the other effects of punishment. Unfortunately, a statement made by J. Gibbs over twenty years ago still remains valid: there is no theory of specific deterrence, and the hypotheses concerning specific deterrence are vague and difficult to verify empirically. During the last twenty years, there was a progress in the methodology of research into specific deterrence. New success criteria were introduced into the assessment of deterrent effect of punishment, and the method of random field experiment was used. Researchers started to compare the effect of punishment with the effects of escaning punishment, instead of limiting themselves to comparisons of relative effectiveness of some penalties as opposed to some other ones. The progress was less marked in the formation of the theory of specific deterrence. It consists in attempts, on the one hand, at a new conceptualization of the problem of deterrence, and on the other hand, at integrating the deterrence hypothesis with other theoretical approaches. The paper consists of seven parts. The Introduction (I) contains analysis of the notion of specific deterrence, the criteria to distinguish between specific and general deterrence, tvpes of deterrence. Also discussed have the recent attempts at a new conceptualization of tne problem of deterrence through inclusion into that notion of not only the “direct costs of legal sanctions” but also “indirect costs”, or through the use of another criterion to distinguish between specific and general deterrence. Chapter II contains a brief discussion of early studies on specific deterrence; the findings have been discussed and numerous methodological flaws pointed out. The conclusion from those studies (that severe penalties involve a higher recidivism rate than lenient penalties) was generally seen as a prove that punishment has no specific deterrent effect on the futher behaviour of convicted persons. This conclusion was unjustified, though. And that for several reasons. The discussed studies often failed to distinguish between the mechanism of deterrence and the other effects of punishment. They also failed to solve the problem of selection bias in sentencing where specific types of penalties are imposed on specific categories of offenders; the difference between such groups of convicted persons is that even before the imposition of penalty, the probability of their relapse into crime was different. The studies examined but a marginal effectiveness of some penalties as compared to some other ones. What they overlooked, instead, was that the growth in recidivism rate cannot be estimated which would have taken place were no criminal penalties at all imposed on offenders. Chapter III discusses the findings of studies which tested two opposing hypotheses; i.e. that punishment either deters offenders (deterrence hypothesis) or amplifies offendling (amplification hypothesis). Both the conception of deterrence and that of labeling involve too one-sided and simplified an approach to the impact of punishment on the further conduct of offenders as they ignore the possibility of effects other than the anticipated ones. This was reflected in these studies in which the researches posed instead of posing questions in the categories of “whether” (does punishment deter? does pinishment amplify affending?), instead of trying to define the conditions of emergence of each of those two effects. Analyzed in few studies only were mediating psycho-social processes between punisment and the punished pefsons’ further conduct. The findings of different studies are often inconsistent. Some seem to confirm the amplification hypothesis although researchers sometimes stress that this effect is not stable Other findings point to the effect of deterrence. Still other studies showed that: punishment seems do not influence a pefson’s further criminal career. Finally, some of the latest findings also indicate the possibility of amplifijing offending under some conditions and of deterring effect on offending - under some other circumstances. Chapter IV discusses the implications of the criminal careers approach for methodology of studies on specific deterrence. What is particularly worthy of attention here is: 1) departure from the use of a sole success criterion in the evaluation of deterrent effect of punishment, and an attempt at grasping the impact of punishment on different dimensions of criminality such as the length of criminal career or fraquency of offenses; 2) investigation of the impact of punishment at different stages of a person’s criminal career. The success criterion where success means a person’s abstention from further offenses is replaced with the before and after comparison criterion where the intensity of a person’s criminal career before and after punishment is compared; this replacement is of a great importance in studies of effectiveness of penal measures imposed on chronic offnders. As suggested by the findings, certain penalties may in cessation of delinquency at the initial stage of the criminal career (on the occasion of the first and possibly also the second contact with the police). At further stages of that career, a decrease in the intensity of delinquency of the persons convicted is possible. Chapter V discusses attempts at including the hypothesis of specific deterrence into the economic model of delinquent behawior, and studies carried out by economists. According to some economists, specific deterrence can be included into the theory of rational choice provided it is treated as a special case of general deterrence. In tlis approach, the experience of a sanction becomes a factor influencing the anticipated sanctions. Chapter VI is devoted to discussion of the results of a series of rondom field experiments conducted in selected cities of the United States. The purpose was to evaluate the effectiveness of arrest as compared to other reactions to violence against a spouse (nearly all victims in the study were women). The obtained results were not uniform: in some experiments, deterrent effect of arrest was found out, while the rest showed an amplifying effect of arrest on the arrested person’s further violence against his spouse. The authors explain this divergence of results with a different impact of arrest on different types of persons. Thus the results suggest that arrest has a deterrent effect on permanently employed suspects; instead, suspects without a regular job tended to use violence more often after the arrest incident. The last Chapter (VII) recapitulates the findings. They show that it was a premature decision to reject the hyphothesis of specific deterrence. Punishment has a different impact on different persons: in some situations it results in amplication of offending; in some other ones, it deters a person from further offenses; and in still other situations it seems not to have any effect at all on furter offending. The findings point to a great importance in this respect of the first contacts with the law enforcement agencies. Moreover, the differentiated effect of punishment seems to depend on the offender’s age, sex, and attitude towards risk, and also on his permanent employment. It should be stressed that many studies use a broader definition of punishment, not limited to the penalties imposed by court. Some researchers treat even a person’s contact with the police as punishment; others believe that this function is performed by arrest. These different working definitions of punishment make it difficult to interpret the findings that relate to absolute deterrence, that is assessment of the effects of imposing punishment as compared to those of escaping punishment. Nearly all studies dealt with recidivism and, first and foremost, the effectiveness of punishment in reducing a person’s further delinquency. To a slight extent only did they try to define the meaning of punishment for those punished, their subjective estimations of probability and severity of punishment. For this reason, interpretation of the findings in the categories of stating whether punishment has a deterrent effect is not always justified.
Źródło:: Archiwum Kryminologii; 1995, XXI; 7-39
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 9.

Tytuł:: Kara ograniczenia wolności w świetle polityki kryminalnej w latach 1970-1998
Non-Custodial Sentences in Light of Penal Policy 1970-1998
Autorzy:: Melezini, Mirosława
Szczygieł, Grażyna B.
Powiązania:: https://bibliotekanauki.pl/articles/699178.pdf
Data publikacji:: 2002
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara ograniczenia wolności
polityka kryminalna
restriction of freedom
criminal policy
Opis:: The subject of the article is an analysis of the non-custodial sentencje known in Poland as curtailment of liberty (and thus excluding fines) as an important instrument of penal policy in the 1970-1998, the main focus being on two strands or this policy–legislative policy and penal policy–to the exclusion of the latter’s administrative aspects. In the light of the guiding principles of the 1969 Criminal Code non-custodial sentences were intended to become an important penal policy measure for treatment of perpetrators of minor offenses and at the same time to provide a substitute for short terms of imprisonment, which had been found relatively ineffective as a means of achieving rehabilitation of convicted offenders. However, the normative extent of the code’s provision for non-custodial penalties proved to be relatively narrow. Within the range of alternatives to custodial punishment curtailment of liberty was an option available only under 17.5% of the defined offenses. Under Article 54 §1 sentencing to curtailment of liberty was admissible for 24% of all offenses and under Article 57 §1.3 for 27.9% of the total. The potential possibilities of non-custodial treatment of offenders were circumscribed by the provisions of Articles 54 §2, 52, 59 and 60. A significant influence on the frequency of sentencing to curtailment of liberty was the actual incidence of criminal acts punishable by alternative form of treatment. Based on an analysis of Ministry of Justice and judicial statistics it appears that such acts were not among the most frequently committed offenses, amounting to about 10% of all convictions. The systematic growth of the proportion of sentences to curtailment of liberty, from 6.2% in 1970 to l8% in 1980, should, therefore, be regarded as achievement of the maximum level of possible sentences of this kind. If we consider the share of curtailment of liberty in the structure of sentences for offenses punishable by alternative forms of treatment we will find that there was a judicial bias towards curtailment of liberty. The frequency of such treatment of offenders fluctuated between 32.83% and 56.54%, while the range for fines came to 21.26%‒5I,99 % and for imprisonment to 3,4%‒21.26%. It can, therefore, be said that in the first decade following the 1969 Criminal Code’s entry into force curtailment of liberty fulfilled the purpose envisaged by the lawmakers, that is as an alternative to short terms of imprisonment. Undoubtedly, a factor contributing to the increase in the proportion of non-custodial sentences in the structure of final and conclusive judgments was the jurisprudence of the Supreme Court, in particular its guidelines for the administration of justice and judicial practice issued on 30 May 1979 (VII KZP 31/1977) concerning sentencing policy with respect to offenses for which the prescribed punishment is, interchangeably, imprisonmet, curtailment of liberty or a fine. Imprisonment, these stated, should be a penalty imposed only in the last resort when non-custodial forms of treatment are deemed incapable of performing the function of protection of the legal order. If a salient characteristic of the 1970s was stability of legislative policy, which precluded the possibility of shaping penal policy by means of legislation, the 1980s, or more precisely the period from 12 December 1981 to 1989, saw the emergence of a tendency in the opposite direction. For it brought the adoption of numerous basic amendments in criminal legislation, the general thrust of which was towards severer difinition of criminal responsibility. This was reflected in a decrease in the proportion of non-custodial sentences in the structure of final and conclusive judgments (from 15.6% in 1981 to 8.2% in 1984) and a concurrent increase in the frequency with which courts sentenced offenders to imprisonment (from 25.3% in 1981 to 33.1% in 1984). During the years in which the rigorous provisions of the Special Criminal Responsibility Act were in force, that is in the period from 10 May 1985 to 30 June 1988, there was a systematic rise in the proportion of curtailment of liberty in the structure of sentences (from 10.1% in 1985 to 17.4% in 1987), which might have something to do with the introduction by the May legislation of provisions allowing for non-custodial treatment of offenders in summary proceedings. The 1988 amendments to the Criminal Code, aimed at relaxing definitions of criminal responsibility, included, albeit in only a limited degree, provisions relating to the applicability of curtailment of liberty. These changes reflected a desire to increase the significance of non-custodial treatment in penal policy. However, in judicial practice there ensued a decrease in sentencing to curtailment of liberty, from 10.5% in 1989 to 5.3% in 1990. The period of political, economic and social change in Poland which began in 1989 stimulated criminal law reform. The aim of numerous legislative change which followed was to reduce the punitive character of the Criminal Code. One reflection of this was greater provision for non-custodial treatment of offenders (introduced by the new Criminal Code enacted in 1995) through a broadening of the grounds for commuting sentences of imprisonment to curtailment of liberty or a fine under Article 54), reduction of the role of repeated criminality as an aggravating circumstance in punishment of offenders, and abolition of extended sentences for offenses classified as "hooligansm" or committed by repeat offenders. In 1991-1995 the share of curtailment of liberty in the structure of sentences held steady at a level of 3.5%‒3,9%, making it the lowest ever for the period in which the 1969 Criminal Code was in force. This was not a result of the greater repressiveness of the criminal justice system since we observed a drop in the frquency of sentences of imprisonment. The courts tended to favor the use of conditional suspension of custodial sentences (the share of which rose from 43.9% in 1989 to 55.1% in 1997) and fines (up from 4.9% in 1989 to 27.4% in 1997). The explanation should, rather, be sought in problems with execution of sentences to curtaiment of liberty, chief among them the job shrinkages caused by changes in the free-market economy. Analysis indicates that curtailment of liberty did not fulfill the expectations associated with this form of punishment. It did not become a significant instrument of penal policy nor did it contribute to reducing the scale of sentencing to terms of imprisonment. Even after a substantial widening of provision for punishment by curtailment of liberty its share of sentences ordered by the courts reached a level of only 5.2% (in 1977). The new Criminal Code has substantially expanded the possibilities of sentencing offenders to curtailment of liberty. This form of punishment is intended to be an important instrument of penal policy with respect to misdemeanors and minor offenses and to replace imprisonment and even fines if ordering the latter is thought to serve no purpose. At the same time the Criminal Code has introduced modifications in the legal shape of this punishment. By preserving, contrary to the intentions of the code’s original drafters, multivariate forms of punishment it gives curtailment of liberty some of the hallmarks of probation by introducing the possibility of imposing certain additional conditions and establishing supervision. The new elements in the design of curtailment of liberty have met with numerous criticisms of the doctrine (including by the authors of the article). How it will affect the functioning of the institution analyzed the immediate future will tell.
Źródło:: Archiwum Kryminologii; 2002, XXVI; 133-159
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 10.

Tytuł:: Prawo do praktyk religijnych osób osadzonych w areszcie śledczym i odbywających karę pozbawienia wolności w teorii i praktyce penitencjarnej
The Right of Inmates of Remand Prisons and Penitentiary Facilities to Religious Observance - In Penitentiary Theory and Practice
Autorzy:: Sitarz, Olga
Jaworska-Wieloch, Anna
Powiązania:: https://bibliotekanauki.pl/articles/698706.pdf
Data publikacji:: 2017
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara pozbawienia wolności
osadzeni
prawo do praktyk religijnych
tymczasowe aresztowanie
kryminologia
Opis:: The article discusses the right to religious observance as one possible form of exercising one’s freedom of conscience for persons in temporary detention or serving a sentence of (unconditional) imprisonment. Detention involves a range of (usually justified) restrictions and deprivations, some of which apply to the sphere of religious practices. We must not forget that freedom of conscience and religion is not only internal to a person, but also relates to his or her actions in their semi-private and public space and, as such, must be regulated, particularly in conditions of detention. Importantly, the article does not focus on the influence of religious life on the rehabilitation of inmates but on whether their right to religious freedom is respected. The aim was not to find out whether inmates needed religious practices and services in prison, but to assert that they had a right to them, while the state had a duty to respect that right.We departed from the assumption that religious practices were a matter of public or private cult and included performing certain actions dictated or forbidden by the laws of a given religious community. The question was to what extent these practices were subjected to limitation, which practices were concerned and to what extent the observed limitations were justified. The answer drew on existing legal provisions and on the subjective feelings of inmates themselves. It should be recalled that in 1991, the Polish Ombudsman determined that the right of inmates to practice Catholicism was essentially ensured and properly implemented in prisons. The only shortcoming, as judged at the time, was the lack of a sufficiently high-level normative act regulating all matters pertaining to religious practice in detention in a comprehensive way. It seemed necessary to check whether these findings were still valid. Thus the first part of the article provides an overview of the existing legal provisions defining the scope of religious practices that can be undertaken by inmates, including international regulations, the Polish constitution, acts of law and other relevant regulations. Different groups of inmates were examined, including those in temporary detention, those serving sentences and considered particularly dangerous as well as those subjected to the disciplinary measure of being placed in an isolation cell for a period of up to 28 days. We found that not all restrictions on the exercise of religious freedom in prison, as provided for under the Polish law, were justified. Our assessment of the said restrictions, both when it came to law making and application, took into account the goals and purpose of imprisonment and temporary detention in light of the constitutional criterion of proportionality. In the second part, we present the findings of a survey conducted in two penitentiary facilities among inmates declaring themselves Roman Catholic. The aim was to find out how the inmates viewed their rights when it came to religious practices, to what extent those practices were available to them and whether they felt any deficits in this area. At the general level, we found that the inmates declared significant activity in the religious area and rarely attributed obstacles to the exercise of religious rights to legal provisions or the rules in a given penitentiary facility. The unavailability of particular religious practices was also reported to be low. There were more answers indicating lack of permission to take part in Church ceremonies outside the prison (for example the funeral of a loved one). This is probably the weakest area when it comes to ensuring the exercise of inmates’ religious freedoms. Our analysis of the legal framework and the survey carried out in penitentiary facilities allowed us to formulate certain tentative conclusions (including de lege ferenda). The normative provisions do not impose many legal limitations on inmates’ access to religious practices and services. Yet respecting the right to freedom of religion is not only about not creating unnecessary barriers; it also consists in defining a minimum set of rights conferred on each inmate, on which they can call the prison authorities to account if need be.
Źródło:: Archiwum Kryminologii; 2017, XXXIX; 117-148
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 11.

Tytuł:: Badania nad prewencją generalną: problemy metodologiczne
General Deterrence Research: Some Methodological Problems
Autorzy:: Szamota, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/699167.pdf
Data publikacji:: 1984
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara
efekty odstraszające
badania
prewencja generalna
punishment
deterrent effects
deterrence research
Opis:: The results of empirical studies on general deterrence carried out so far are far from being unequivocal. Taking general deterrence research as a whole, it can be concluded only that in some situationa some individuals are deterred from some crimes by some punishments. Moreover, it is now obvious to most researchers that the problem is not whether punishment has deterrent effects but rather under what conditions and to what extent they occur. Thus, as the deterrent effects of the punishment threats are tentatively confirmed, further studies in this direction seem to be called for. So far the main achievement of the general deterrence studies has been overcoming some simplified approach to formulating problems (in research) and improvement in research methods rather than verification of hypotheses. Therefore, instead of describing the results of these studies, this paper has been limited to methodological problems. It seems to the author that with the present-day knowledge on the deterrent effeets of punishment threats, the above approach will help to ensure continuation of empirical studies and will contribute to the gradual and cumulative enrichment of theoretical interpretations of the abovementioned problem. Owing to the limited scope of this presentation only some selected problems have been dealt with. While carrying out this selection the author had to bear in mind that no such empirical studies had been carried out this selection the author had to bear in mind that no such empirical studies had been carried out in poland so far and the results of studies made elsewhere had not become popular among Polish readers. This article has been confined to the penal law and the deterrent effects of criminal punishment threats rather than the punishment in general and it was mostly based on works published in the English language. Apart from the Introduction, the article consists of the following parts: I. Notion of general deterrence, II. Deterrence vs. other general preventive effects of punishment, III. Types of general deterrence, IV. Theoretical foundations of general deterrence research, V. Conditions for effective general deterrence, and Summary. I. Notion of general deterrence The author points to the differences in the definition of general deterrence, to the ambiguity and vagueness in the formulations found in the literature on this subject. She stresses the importance of a clear definition of the above notion for the purposes of empirical studies, which will, as a result, help to avoid misunderstanding in interpreting the research evidence. Since punishment, or strictly speaking, the threat of punishment, prevents people from committing an offence in a variety of ways, the deterrent being only one of them, the researcher should clearly define what mechanisms he is going to study. For empirical studies a narrow definition of general deterrence, i.e., restriction to one mechanism only, seems to be more appropriate. So far, most studies have been devoted to the mechanism of deterrence. II. Deterrence vs. other general preventive effects of punishment At this point the author discusses also other mechanisms of the preventive effect of punishment threats, especially its moral and educational influence as well as its role in habit formation. Many mechanisms of general preventive effect of punishment have not yet even been identified. In spite of the fact that it is advisable to restrict the subject of investigation to but one mechanism, it is difficult in practice to differentiate between the various mechanisms of general prevention. When interpreting the data it will probably be necessary to determine the impact of these other processes on the results of investigations. The study of the other general preventive effects of criminal sanctions brings about some specific problems such as those of a diffcrent time perspective, as they are of no direct character and require some longer period of time to bring down the crime rate. Although the present paper is confined to the effects of criminal sanctions, the author emphasizes the need for considering a wider perspective of reasons for compliance with the law. III. Types of general deterrence. When considering general deterrence from the terminological point of view one has to include its various types. The author discusses the following types of general deterrence encountered in literature: quantitative vs. qualitative; absolute vs. marginal; particularized vs. generalized or selective; total or complete vs. restrictive; replacing vs. non-replacing partial vs. Modifying or substituting or displacing. The distinctions suggested are often neither exhaustive nor exclusive. Still the general deterrence typology even in this form is of considerable methodological importance. Different types of evidence are relevant when an attempt is made to determine the different types of general deterrence. If the distinctions are not made then it may be concluded that a sanction had no deterrent effect at all simply because no evidence was collected for what is only one type of general deterrence. IV. Theoretical foundations of general deterrencę research. First the author presents the deterrence doctrine. It is because what lies at the foundation of general deterrence research, i.e., a set of loosely connected and vague statements and assumptions, can at most be called a doctrine. Besides, the present shape of this doctrine does not differ much from that of the classical model of general deterrence formulated by C. Beccaria and J. Bentham. The drawbacks and ambiguities of the deterrence doctrine, as pointed out by the author, have come to bear on the results of studies aimed at the verification of the doctrine's propositions. What is necessary is to reformulate the deterrence doctrine into an empirical theory. Then, directions are discussed in which the deterrence doctrine has been and still is developing. First of all, the deterrence doctrine is being developed through a different conceptualization of the relationship between legal sanction and behaviour. It is now generally agreed that general deterrence cannot be conceptualized as a unitry bivariate relationship between punishment threats and crime. Instead, it is maintained that the relationship is moderated by a number of conditions yet to be identified empirically. The number of variables to be considered have also become larger. What is specially worth noting is the fact that other, extralegal factors have been included in deterrence models. Another important trend in the development of the deterrence doctrine is that of emphasizing its psychological character and including the so-called perceptual variables characterizing the way how sanction characteristics are perceived by potential offenders. The emphasis on perceptions of punishment developed from an awareness that deterrence is a communicative proces. In order to deter, actual threats of legal punishment must be communicated to individuals. It will be most essential for the formulation of the general deterrence theory to determine the relationship between objective properties of legal sanctions. V. Conditions for effective general deterrence. The basic research problem consist in identifying the conditions for effective general deterrence. As for determining these conditions, there are so far only few empirical data available. Besides, one can hardly see what the consistent theoretical assumptions could be which will help to have some relevant factors included in the study, especially in the case of extralegal conditions. One should also be aware of the fact that the numer of possibly relevant factors is, practically speaking, unlimited and that many of these factors will influence behavior only when particural values of a large number of the others are present. But, characteristic of most „theoretical” writings is that the authors usually confine themselves to summing up a list of possible relevant factors, not dealing with possible interaction. The author discusses the concept of a „marginal group”. Summary The article ends with a short description of the methods used in the study on general deterrence. The author points out to limitations of the methods and data that have most frequently been used in addressing the deterrence question. It is necessary to collect better data about perceptual processes.
Źródło:: Archiwum Kryminologii; 1984, XI; 93-122
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 12.

Tytuł:: Prizonizacja a skazani na karę dożywotniego pozbawienia wolności
Prisonisation and Individuals Sentenced to Life in Prison
Autorzy:: Klimczak, Joanna
Powiązania:: https://bibliotekanauki.pl/articles/698684.pdf
Data publikacji:: 2017
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prizonizacja
skazani
kara dożywotniego pozbawienia wolności
podkultura więzienna
służba więzienna
kryminologia
Opis:: The article is based on my master’s thesis and addresses the issue of the prisonisation of inmates serving life sentences. Ever since Donald Clemmer introduced the idea of prisonisation, different interpretations of this phenomenon have been proposed. In particular, prisonisation has been described as a negative process, forcing a convict to become a ‘good prisoner’, incapable of fending for him or herself outside the penitentiary walls. According to Clemmer, long-term sentences contribute to a greater degree of prisonisation. Hence life prisoners are doomed to it. Is this a bad thing? In my view, prisonisation cannot be treated as a purely negative phenomenon. Given the unlimited duration of life imprisonment, I decided to formulate my own definition of this concept. By prisonisation I mean a process that the inmate has to face upon entering prison. It is a way of contributing to the conditions found on arrival: the inmate with his or her personality and past experiences plus the prison environment (other inmates and prison staff). Let me emphasise that everyone influences everyone else to some degree in a prison environment. The purpose of the research described in the article was to see how prisoners serving life sentences ‘prisonise’. My division of inmates according to the length of the served sentence was supposed to reflect the meaning of time in their lives – whether the inmates ‘blended into’ the penitentiary system as time went by.I assumed that the way prisoners sentenced to life coped in prison depended on how they assessed their chances of obtaining parole. This is important because looking ahead into the future determines how a convict serves their sentence, i.e. how the process of their prisonisation will unfold. Secondly, I assumed that in the case of ‘life’ prisoners, prisonisation was a desired process. Assuming that such inmates will spend all of their life in prison, it is difficult to conceive of prisonisation not taking place. Moreover, lack of prisonisation would pose a serious difficulty in serving the sentence. Taking into account the time factor in prisonisation, I determined that my research had to reflect the experience of inmates at different stages of their sentences. I divided a group of 15 convicts into five sub-groups of three. I set point ‘zero’ for my calculations at the date of the final judgment condemning each individual to life. Thus emerged a picture of inmates sentenced to life imprisonment across different time windows.I conducted 15 open interviews with inmates serving life sentences using my own questionnaire. I also examined the penitentiary records (part B) of inmates who had agreed to be interviewed. This was necessary in order to reconstruct the inmates’ ‘pre-sentence’ and prison past as well as their present circumstances.Assuming that the actions and behaviour of life prisoners are determined by their perception of how likely they are to be released on parole, I developed the following categories:A. Blending into prison – the inmate puts down roots in prison. He/she feels well as a prisoner and sees no other place for him/herself. B. Sponger – uses his/her time in prison as he/she likes, insofar as possible. Doesn’t want to talk about the future and has no specific view on this matter. Focuses on him/herself in the present; the future will bring what it will.C. Light at the end of the tunnel – the inmate knows that the tunnel he/she is in is very long. This is why he/she realizes that he/she must simply inch through it (or march forward). He/she may make plans or find activities to bide the time. Nevertheless, there is a light at the end of the tunnel – a distant one, but a light nonetheless. D. I’m not here – the prisoner does not agree with the nature of the sentence they are serving or even questions their guilt with regard to the crime. He/she does not accept him/herself in the prisoner role and does not see prison as a place to live. He or she devises plans that help him/her survive, while being in denial of having to spend the rest of his/her life in prison. Clings to the world of freedom and feels him/herself a part of it.The ‘light at the end of the tunnel’ category appeared most frequently (7 out 15 interviewees in every group, i.e. at every stage of their sentence). This shows that at every stage of serving their sentence and regardless of the time they have already spent in prison, inmates want to maintain and nourish the hope that they will one day be free. Of course they adapt to prison life and even become ‘good prisoners’, yet one cannot say unequivocally that prisonisation kills their desire to live beyond the prison walls. Further, I present four important factors related to prisonisation:• Time – when serving an unlimited sentence it is extremely important to be active in prison. It is also interesting how inmates change with the passage of time. • Prison subculture – being part of a subculture is supposed to be a factor that increases prisonisation, but it turned out that the interviewees were not interested in being part of such a group. • The Prison Service and the inmate – the interviewees receive positive assessments and are regularly rewarded by their supervisors. Meanwhile, in the interviews the inmates said that there was no point resisting the Prison Service and that they saw benefits to maintaining good relations with staff.• Contacts with the outside world – the inmates maintain contacts with family through every possible channel – by phone, via visits or letters. Family is important for most of them. Sometimes they also have contacts with new acquaintances from outside the prison. There is no doubt that all of the inmates in the studied group of 15 are ‘prisonised’ in some way. They have adapted to the daily prison schedule and learned the rules. What is important, it is not possible to pigeonhole them depending on the length of their sentence. We would do well to recall Clemmer’s position that the process of prisonisation (and its consequences) depend first and foremost on an individual’s personality. It is therefore extremely important to consider every case in its individuality when reviewing parole applications.
Źródło:: Archiwum Kryminologii; 2017, XXXIX; 231-248
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 13.

Tytuł:: Karanie za odmienność (postępowanie policji z cyganami)
Punishment for difference: police regulation of gypsies
Autorzy:: Grönfors, Martti
Jasiński, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/699212.pdf
Data publikacji:: 1985
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara
odmienność
postępowanie
policja
Cyganie
zachowanie
punishment
difference
Gypsies
procedure
behavior
Źródło:: Archiwum Kryminologii; 1985, XII; 119-128
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 14.

Tytuł:: Problematyka pasożytnictwa społecznego: aspekty prawne
Problems of ”social parasitism”: legal aspects
Autorzy:: Szamota, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/699208.pdf
Data publikacji:: 1985
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: problematyka
pasożytnictwo
społeczeństwo
aspekt prawny
kara
problems
social parasitism
legal aspects
penalty
Źródło:: Archiwum Kryminologii; 1985, XII; 101-112
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Skocz do pozycji: 15.

Tytuł:: Kara pozbawienia wolności w świadomości społecznej oraz w świetle zasad sprawnego karania
Imprisonment in Social Consciousness and in the Light of Efficient Punishment Principles
Autorzy:: Kwaśniewski, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/698752.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kara pozbawienia wolności
sankcje karne
zasady sprawnego karania
prawo karne
imprisonment
penal sanctions
penal law
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 692-701
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

Artykuł

Zmień widok

na półce

Informacja

Wyszukujesz frazę "Kara" wg kryterium: Temat

Źródło danych

Dostawca treści

Kolekcja

Rok wydania

Wydawca

Temat

Autor

Typ dokumentu

Język