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    Wyświetlanie 1-14 z 14
    Tytuł:
    Wpływ procesu prizonizacji na readaptację społeczną skazanych
    Autorzy:
    Wojciechowski, Leszek
    Powiązania:
    https://bibliotekanauki.pl/articles/1788413.pdf
    Data publikacji:
    2021-07-30
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    więzień
    resocjalizacja
    socjologia
    kara pozbawienia wolności
    prisoner
    resocialization
    sociology
    imprisonment
    Opis:
    Niniejszy artykuł jest próbą zwrócenia uwagi na negatywny aspekt kary pozbawienia wolności oraz sposoby minimalizacji konsekwencji jej wykonania na przykładzie praktyk realizowanych w Zakładzie Karnym w Białej Podlaskiej. Artykuł jest podzielony na dwie części. Pierwsza zawiera teoretyczny opis dolegliwości i związanych z nimi następstw, z jakimi spotyka się osoba przekraczająca więzienną bramę. Szczególną uwagę zwrócono tu na problem prizonizacji. Kolejna część opisuje realizację celów wykonania kary pozbawienia wolności na przykładzie bialskiej jednostki penitencjarnej, opracowaną na podstawie sprawozdań komórek organizacyjnych zakładu za rok 2014. Na zakończenie sformułowano wnioski, których wdrożenie z pewnością usprawni proces readaptacji społecznej więźniów.
    Źródło:
    Biuletyn Kryminologiczny; 2015, 22; 74-86
    2084-5375
    Pojawia się w:
    Biuletyn Kryminologiczny
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Małgorzata H. Kowalczyk, Przestępcy seksualni. Zabójcy, gwałciciele, pedofile i ich resocjalizacja, Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika, Toruń 2014, ss. 520.
    Autorzy:
    Adamczyk, Barbara
    Powiązania:
    https://bibliotekanauki.pl/articles/1788409.pdf
    Data publikacji:
    2021-07-30
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Źródło:
    Biuletyn Kryminologiczny; 2015, 22; 149-152
    2084-5375
    Pojawia się w:
    Biuletyn Kryminologiczny
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Polskie programy resocjalizacyjne jako sposób oddziaływania na przestępców
    Autorzy:
    Muras, Szymon
    Las, Katarzyna
    Powiązania:
    https://bibliotekanauki.pl/articles/1788459.pdf
    Data publikacji:
    2020-06-21
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    resocjalizacja
    programy resocjalizacyjne
    przestępca
    przestępstwo
    resocialization
    rehabilitation programs
    criminal
    crime
    Opis:
    Przedmiotem badań prezentowanych w artykule jest problematyka resocjalizacji. Celem opracowania, opartego m.in. na analizie badań przeprowadzonych przez autorów jest ukazanie, w jaki sposób programy resocjalizacyjne oddziałują na przestępców. Badania przeprowadzono na grupie więźniów z jednego z zakładów karnych w Polsce za pomocą kwestionariusza ankiety. Artykuł stanowi próbę zbadania skuteczności oddziaływań resocjalizacyjnych w polskich zakładach karnych. Omówione zostały defnicje resocjalizacji, oraz założenia polskich programów resocjalizacyjnych w zakładach karnych. Artykuł może być podstawą dla dalszych szczegółowych badań nad zjawiskiem resocjalizacji.
    The subject of the research in this article is the issue of social rehabilitation. The aim of the study is to show how social rehabilitation programs affect criminals. The defnitions of both social rehabilitation, along with Polish rehabilitation programs, as well as criminals and crimes were also discussed. The research methods used include the analysis of research carried out by the authors. The research was carried out on a group of prisoners from one of the prisons in Poland using a questionnaire. The article is an attempt to examine the effectiveness of social rehabilitation in Polish prisons. The article may be the basis for further detailed research on the phenomenon of social rehabilitation.
    Źródło:
    Biuletyn Kryminologiczny; 2020, 27; 93-108
    2084-5375
    Pojawia się w:
    Biuletyn Kryminologiczny
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Społeczne inicjatywy na rzecz więźniów
    Community Initiatives for Prisoners
    Autorzy:
    Porowski, Michał
    Powiązania:
    https://bibliotekanauki.pl/articles/698516.pdf
    Data publikacji:
    1992
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    społeczne inicjatywy
    więżniowie
    resocjalizacja
    pomoc więźniom
    community initiatives
    prisoners
    resocialization
    assistance to prisoners
    Opis:
    Assistance to persons released from prison is considered an indispensable stage of the process of carrying out the penalty of imprisonment. The authors engaged in that subject agree as to the role of postpenitentiary assistance  in reduction of relapse into crime and its connection with social readjustment of offenders. In my opinion, that approach is insufficient for a full justification of the actual sense of assistance rendered to persons on release from prison. Pragmatic researchers treat the slogan of helping prisoners as obvious and focus on the related legal and organizational problems. Lacking strict criteria of appraisal, the analysis of legal solutions resolves itself usually into approving comments and to attributing the indolent functioning of the assisting agencies to sluggishness of the actual care providers. The suggested conceptions of improvement of the  after-care resolve themselves into improvement of the existing institutional and legal solutions and corrections of their model which remains the same all the time despite the fact that a succession of its versions have proved inefficient in practice. Taking the subject up, I adopted an entirely different approach and method of research. I assumed that all assistance can only be successful if those involved in it are genuinely motivated to that activity. Even if the norm „help the prisoners” is an element of the system of moral directives recognized in our culture, this fact alone by no means determines in advance the actual range and validity of that norm. Like all moral values, also this one is valid with different force, to a different  extent and has a different range for different people. For some, it is a postulate that needs to be fulfilled which they experience as a moral  obligation; for others, it is a criterion of axiological orientation. This implies the different ways of their functioning. As shown by analysis of empirical studies, the norm demanding that prisoners should be helped is not too deeply rooted in social consciousness. It has failed to win general acceptance even at the verbal level, and the readiness to fulfill it through a person’s own activity can be found but occasionally; in such cases, it is motivated situationally rather than by axi axiological experiences. The reason is probably that a moral appraisal of the object of assistance (an imprisoned offender) is transmitted to the appraisal of the duty to fulfill a norm. Instead of deciding whether help is at all necessary, we want to know if the person in need of help deserves to be helped. In so doing, we forget that all those objectively in need of help are worth being helped; we condition our decision as to rendering help upon the actualreason of a person’s helplessness, or more strictly speaking, upon  the rank on the moral scale of the acts that made that person helpless. In this situation, what becomes a signicificent factor that has a beartng on the discussed norm is the perception of un offender as a dewiant of a definite type. An offender is usually perceived through a stereotype: a specific conglomerate of simplified and mainly unfounded beliefs. Yet that very stereotype functions as a standard basing on which the actual way of conduct is chosen. Therefore, I tried to define the stereotype of an impriosoned offender that functions in social consciousness and in consciousness of professionals involved in the work with prisoners. I also tried to diagnose the psychosocial mechanism that result in the formation and consolidation of that stereotype. Which social groups and individuals tend to consider the postulate of assistance to prisoners as a norm that they themselves should follow, or at least which such groups and individuals have the strongest motivation to respond to that call? Of the many hypotheses about the origin of prosocial behaviour (and of course of helping which is a form of that behaviour), let us first consider the one which states that prosocial behaviour results from the structure of ,,ego” and the parallel observation that another person at a disadvantage is similar to oneself in some respect. That similarity may concern both the bodily and spiritual structure and all the other components of one’s self-image. Thus diagnosed, the similarity releases or at least catalyzes the readiness to prosocial behaviour. Basing on this hypothesis, it should be assumed that ex-offenders, ex-convicts, or generally speaking, persons affected by imprisonment are particularly likely to recognize that norm, and further, that the motivation to help prisoners growth with a reduced distance between the offender and the cultural circles that approximate him with respect to mentality and custom. Considering this hypothesis, we come across still another dependence: the actual condemnation of an offender depends on the degree of acceptance of the normative system which that offender has infringed. The discrepancy between values protected by law and the individual or group preferences results in a change in attitudes. A person convicted by force of a disapproved law is perceived as a victim and not an enemy. The offender thus meets with fellow-felling, and the authors and executors of the disapproved law, with resentment. This dependence, cannot be limited to the subcultural negation of law that is characteristic of criminal circles. It follows from the division of the bulk of crime into mala per se and mala prohibita. After all, stigmatization takes a different, course in the case of an obvious evil vs. one that is simply considered evil by law which cites reasons that are by no means necessarily either obvious or good, or which is directed against an interest that is not perceived in accordance with the official standpoint. Prohibitions lacking the proper axiological foundation proliferate with the instrumental treatment of penal law, reduced to the role of political tool; in such situations, all public activity of any importance whatever is usually subordinated to politics. What significantly differentiates the extent to which the norms that concern helping others are perceived as valid are the emotional and social bonds (e.g. fomily ties). From the psychological viewpoint, they constitute a particularly active and natural stimulator of motivations, one that defines the actual circle of the most involve addressees of the norn. In this case, the one who helps is not only personally interested in the fates of the one who gets help, but also acts for his own good  rendering that help. The social situation resulting from imprisonment of a family member gives rise to special problems in the legal, economic and social sphere. Quite obviously, the other members of that family should be allowed to participate in the solution of those problems which  are also their own. We have therefore distinguished the groups that are willing, as can be expected, to adopt the norm of helping prisoners and to act accordingly. Of course, we deal here with a selective range of that norm’s validity which is subject to a double limitation: not everybody is willing to help prisoners, and that readiness does not concern all prisoners. This follows from the contents of the discussed hypothesis which after all assumes the similarity of partners in interaction as the necessary condition of emergence of motivation. The fact that a person considers a definite behaviour his/her duty may as well result from that person’s internalization of certain moral norms or ideals that can only be fulfilled through such behaviour (the love of one’s fellow man, brotherhood, general kidness). What is released here, as opposed to the hypothesis discussed above, is a general sense of duty not related to any definite person or situation but directed at all those in need of help. The group of thus motivated person includes possible addressees of the norm helping prisoners. With ages, the social practice formed a variety of forms of orginization of those who treat assistance to prisoners as a moral norm. Concerned here are initiatives based initially on the model of charity and constituting part of the general charitable activities. In the l9th century, they developed into specialized patronage societies which in turn acquired, and preserved till the present day in the world, the status of an indispensable element of the rational prison system. The Polish model of society’s participation in the execution of the sentence of imprisonment eliminated all the above-mentioned subjects  from any activities whatever on behalf of prisoners. Finding this situation irrational, I tried to investigate its causes and to disclose the motives of those who had made it that way. Depending upon the object that serves as the system of reference for prosocial behaviour, that behaviour can be divided into allocentric and sociocentric. The allocentric behaviour is activity undertaken for reason of another person’s interests, i. e. aimed at securing the best possible functioning, protection, or development of that person. If, instead, the subject acts on behalf of an institutional or group, that is if the addressee of his/her action is a definite social arrangement, we deal with the sociocentric prosocial behaviour. This latter motivation was adopted in Poland as the basis for designing the institutional structures charged with the task of helping prisoners. Namely, after-care was inserted in that particular segment of criminal policy which is called in the legal language ,,participation of the community in crime prevention and control”. The term community used here expresses the principle of joint action. The whole means a specific kind of participation aimed at assisting the police, courts, and prison administration. As opposed to voluntary associations of those interested in helping prisoners and to patronage societies, such institutions are organized from without, follow the orders of State administration, base membership on the principle of  delegation or nomination, are organizationally included in the system of State agencies whose activities they supplement within their imposed competences, and are fully controlled by those agencies. Thus organized, the voluntary forces are used to support the machine involved in carrying out penalties; they become advocates of the so-called social interest and executors of the official State policy. The main conclusion that follows from the present study resolves itself into a postulate for a reform which would make it possible also, and perhaps in particular, for those with the allocentric motivation to become engaged in helping prisoners.
    Źródło:
    Archiwum Kryminologii; 1992, XVIII; 51-101
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    System programowanego oddziaływania w opiniach więźniów
    The system of programmed influence in the opinions of prisoners
    Autorzy:
    Stępniak, Piotr
    Powiązania:
    https://bibliotekanauki.pl/articles/698478.pdf
    Data publikacji:
    2009
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    polityka penitencjarna
    resocjalizacja
    probation
    incarceration
    social rehabilitation
    Opis:
    The article presents the results of research on the assessments of the programmed influence formulated by the prisoners. There were a lot of hopes pinned on this system introduced to the penitentiary policy by the Executive Penal Code of 6 June 1997. The system proposed modern educational interactions based on cooperation of the prisoners with the prison staff and assumed active participation of prisoners in its implementation. The key issue of the system is to negotiate the individual schemes and voluntary commitment to respect them by prisoners participating in such negotiations. Enforcing convicts’ activity, particularly the juvenile ones, was supposed to create a chance of individual choice of more efective meaures to influence them and to shape a sense of responsibility – and at the same time to prevernt from return to crime. Since this system came into force on 1 September 1998, now almost 11 years ago, an vital task was to investigate not only the various aspects of its implementation, but also an opinion about this system, formulated by members of the prison community, especially by prisoners. So far there were few empirical studies of this system in everyday prison reality. More extensive research in this field includes studies of A. Nawój and E. Silecka, M. Bramska, A. Kurek and D. Schmidt, and A. Szymanowska. With this as the point of departure, the author of the article carried out a survey in the year 2008 to gather the views of the prisoners about the system and its performance. The study included 540 prisoners selected by the criterion of purpose, and participation in the system imprisoned in facilities subordinate to the District Inspectorate of the Prison Service in Poznan. A survey was conducted from October 2008 to March 2009 in 3 closed units in order to obtain homogeneity of the survey sample. Test groups were randomized. It should be emphasized that the randomisation was made in a way which maintained the proportions between the juveniles and adults indicated above. Surveys with opinions of convicted were supplemented with structured interviews with a group of 30 prisoners selected by the randomization from the group surveyed. Studies have focused on issues such as motives of joining of the criminals to the system programmed interaction, participation of criminals in constructing individual programs of interactions and its determinants, the contents of individual programs, interactions, objectives, tasks, rights and obligations of prisoners, cooperation between the prisoners and their teachers in drafting of schemes. The results of the survey lead to the conclusion that the evaluation of the test by the respondents is generally positive in all the subgroups under study. Nevertheless, the prisoners clearly indicate that the use of this program had a formal, official character.
    Źródło:
    Archiwum Kryminologii; 2009, XXXI; 265-298
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Prostytucja młodocianych w Warszawie na przełomie lat siedemdziesiątych i osiemdziesiątych
    Studies on young prostitutes
    Autorzy:
    Jasińska, Magdalena
    Powiązania:
    https://bibliotekanauki.pl/articles/699206.pdf
    Data publikacji:
    1985
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    prostytucja
    młodociani
    lata osiemdziesiąte
    lata siedemdziesiąte
    Warszawa
    resocjalizacja
    prostitution
    Warsaw
    resocialization
    Źródło:
    Archiwum Kryminologii; 1985, XII; 129-137
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Systemowa pozorność resocjalizacji penitencjarnej w świetle badań empirycnych. Propozycje zmian
    Systemic ostensibility of the penitentiary resocialisation in the light of empirical studies. Proposals of changes
    Autorzy:
    Stępniak, Piotr
    Powiązania:
    https://bibliotekanauki.pl/articles/699025.pdf
    Data publikacji:
    2012
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    resocjalizacja
    polityka penitencjarna
    incarceration
    polish prisons
    resocialisation
    prisoners
    Opis:
    The article discusses studies on models of incarceration in Polish prisons. The object of the study was to determine if resocialisation model of this punishment dominates in practice, or other models, including official-formal of ostensible resocialisation, dominate and what are the factors determining this. Analysis of this problem was based on opinions by prison personnel and convicts from three prisons in the district of Greater Poland Voivodeship. Disscussion is opened by a critical reflection how much the resocialisation model suits modern penitentiary policy and to what degree it is reflected in current executory provisions of law. Discussion stars with a polemics with an opinion, quite common in Polish penitentiary literature, that incarceration should be based on this particular model as it is better than other ones. Resocialisation model does not take into account diversified needs of influence on prisoners. Some of them do not need improvement (e.g. unintentional, accidental perpetrators). Others, because of their already shaped negative personality traits will never be fit to come back to the society (e.g. perpetrators of most grave crimes of the highest degree of demorali-zation). In the end of theoretical discussion of various model of work with convicts during incarceration, the author draws one’s attention to the fact that provisions of executory criminal law can reflect resocialisation conceptions only to a limited degree. Practical model of penitentiary influence is hence not a uniform and clear pedagogical model but has an eclectic character. It is demonstrated that from such point of view, assessment of work of prisons based on the criterion if and how much they resocialise, is based on wrong premises. They are criticized in the article. In the second part of the article the author discusses the results of the empirical studies. It starts with the description of used research method and a general characteristic of the re-spondent group. The research was conducted in June and July 2010. It consisted in collecting opinions in questionnaires and in focus interviews with prisoners and prison staff. The groups were chosen in a random manner (132 prison officers and 350 prisoners) and they were representative for the population of the imprisoned in the regional authority of detention centres. Presentation of the most significant conclusions of the research starts with the fact that vast majority of convicts were imprisoned in a normal system had in practice a decisive influence on content and type of penitentiary influence. This system does not require corrective influence and thus penitentiary work concentrated on ensuring that the imprisoned are placed in conditions at least compliant with recommendations of European Prison Rules. In practice these conditions are included in prison rules. Most of all, they concern living space and prison regimen conditions without focus on education and correction work.
    Źródło:
    Archiwum Kryminologii; 2012, XXXIV; 91-133
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Udzielanie nagród i stosowanie środków dyscyplinarnych wobec nieletnich umieszczonych w zakładach poprawczych
    Granting rewards and applying disciplinary measures to juveniles placed in correctional facilities
    Autorzy:
    Worek, Krzysztof
    Powiązania:
    https://bibliotekanauki.pl/articles/2102955.pdf
    Data publikacji:
    2022-07-13
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    nieletni, zakłady poprawcze, nagroda, środek dyscyplinarny, resocjalizacja
    minors, correctional facilities, reward, disciplinary measure, re-socialization
    Opis:
    Przedmiotem artykułu jest problematyka udzielania nagród i stosowania środków dyscyplinarnych w zakładach poprawczych. Odpowiednio prowadzony proces resocjalizacji jest kluczowy dla umożliwienia silnie zdemoralizowanym nieletnim funkcjonowania w społeczeństwie. Przedstawione zostały ramy prawne i historyczne funkcjonowania w Polsce zakładów poprawczych. Omówiono sposoby oddziaływania w postaci nagród i środków dyscyplinarnych przewidzianych przez obecnie obowiązujące przepisy. Wyniki badań przeprowadzonych wśród pracowników zakładów poprawczych pozwoliły na zobrazowanie popularności i częstotliwości stosowania poszczególnych środków oddziaływania. Następnie podjęta została dyskusja na temat konsekwencji wynikających z uzyskanych wyników i możliwych dalszych badań w tym zakresie.
    The subject of the article is the problem of rewards and disciplinary measures in correctional facilities. Properly conducted process of re-socialization is crucial for allowing strongly demoralized minors to function in society. The legal and historical framework of correctional facilities in Poland was presented. The ways of influence in the form of rewards and disciplinary measures provided by the current legislation were discussed. The results of surveys conducted among the employees of correctional facilities allowed to illustrate the popularity and frequency of application of particular means of influence. Then a discussion was undertaken on the consequences arising from the obtained results and possible further research in this area.
    Źródło:
    Biuletyn Kryminologiczny; 2021, 28; 71-94
    2084-5375
    Pojawia się w:
    Biuletyn Kryminologiczny
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Postępowanie z nieletnimi z perspektywy psychologii humanistycznej
    Treatment of Juveniles in the Humanistic Psychology Perspective
    Autorzy:
    Ostrowska, Krystyna
    Powiązania:
    https://bibliotekanauki.pl/articles/698676.pdf
    Data publikacji:
    2008
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    nieletni
    przestępczość nieletnich
    czyn karalny
    psychologia humanistyczna
    postępowanie w sprawach nieletnich
    resocjalizacja
    środki wychowawcze
    przebaczenie
    juveniles
    juvenile delinquency
    punishable act
    humanistic psychology
    resocialization
    educational measures
    Źródło:
    Archiwum Kryminologii; 2008, XXIX-XXX; 393-408
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Efektywność nadzoru ochronnego (wyniki badań 232 recydywistów poddanych nadzorowi ochronnemu)
    The effectiveness of protective supervision (results of a stud of 232 habitual criminals put under protective supersivion)
    Autorzy:
    Rzeplińska, Irena
    Powiązania:
    https://bibliotekanauki.pl/articles/699072.pdf
    Data publikacji:
    1983
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    recydywa
    nadzór ochronny
    recydywista
    resocjalizacja
    kodeks karny
    protective supervision
    recidivist
    resocialization
    Penal Code
    recidivism
    Opis:
       1.The 1969 Penal Code introduced a new system of sanctions for offences committed by habitual criminals in special circumstances. Two new categories of special recidivism are here introduced: special basic recidivism (Art. 60, § 1 of the Penal Code), and special multi-recidivism (Art. 60, § 2 of the Penal Code). The legal consequences of a conviction under Art. 60, § 1 or § 2 are as follows: 1) longer terms of imprisonment, 2)the application of special measures: protective supervison and commitment to a social readaptation centre, These measures take effect after the prison sentence has been served.       Under the protective supervision system, the habitual offender is free, but supervised for a period of 3-5 years.      The readaptation centre is a closed institution. The habitual offender is sent there for a minimum period of two years, up to a maximum of five years.  After two years the penitentiary court may free the recidivist if it thinks he is unlikely to commit another crime after regaining his freedom.       The conditions under which a  person is  sent to a readaptation centre differ, according to whether he or she was sentenced under Art. 60,  §1 or  Art. 60, § 2 of the Penal Code. A recidivist may be sent to a readaptation centre by either the  criminal court or the penitentiary courts. The decision to apply these measures may be taken at diverse stages of the juridical and penitentiary process: 1) when the sentence is pronounced (by the criminal court), 2) towards the end of the prison sentence (penitentiary court), or 3) during the period of protective supervision (penitentiary court).      In the first of the three stages mentioned above, the recidivist senrenced under Art. 60,  § 1 of the Penal Code may or may not be put under protective supervison. It is not obligatory. In the case of a person sentenced under   § 2 of Art. 60 of  the Penal Code, it is obligatory either to put him under protecive supervision or to send him to a social readaptation centre. The decision to send a recidivist to a social readaptation centre (a more severe measure) is taken only if the court is of the opinion that protective supervision would be insufficient io prevent a return to crime.         In the second of the three stages mentioned above, towards the end of the recidivists's sentence the penitentiary court takes the following decisions: 1) it may put the habitual criminal under protective supervision if that was not done in the sentence of the criminal court; 2) it may alter the decision of the criminal court and put  the offender under a protective supervision order instead of sending  him to a social readaptation centre.       The third and last stage in which decisions are taken about the application of special measures, is when the offender is actually under the supervision of a Probation Officer. If the supervision is not working out satisfactorily, the recidivist may be sent to a social readaptation centre.        2.The habitual offender is supervised by a Probation Officer after he has served his prison sentence. No person who is under protective supervision may change his place of residence without the consent of the court. He is obliged to appear in court if summoned, and to carry out the court's recommendations (Art. 63 of the Penal Code).       The court may order the recidivists:  1. to perform an obligation incumbent on the sentenced person to provide support for another person;  2. to perform specified work for a social purpose; 3. to perform remunerated work, pursuing an education or preparing for an occupation; 4. to refrain from abusing alcohol; 5. to submit to medical treatment; 6. to refrain from frequenting specified surroundings or places; 7. other appropriated behaviour in the period of protective supervision, if it may prevent the commission again of an offense.         During the protective supervision period, the court may issue orders, or extend or alter those already given.      During the protective supervision period the recidivist comes under the supervision of a Probation Officer appointed by the court, who at the same time is responsible for organizing the resocialization of the person being supervised.       Protective supervision ceases: 1 when the appointed period of probation is at an end, and when probation has been successful, 2) Or aerlier, if the person being supervised fails to carry out the orders and obligations placed on him, or if he makes it impossible or difficult for the purpose of the protective supervison order to be attained (e.g. by committing a crime when under supervision, which means that the supervision was unsuccessful, 3) owing to causes which bring supervision to an end (e.g. death of the supervised person).        3. The study reported here dealt with one of the two special measures mentioned above - protective supervision. The main problem examined is the effectiveness of protective supervision.       Protective supervision is a system which has two goals: one is to keep the supervised person from committing another crime (here we may speak of the restraining function of supervision), while the other is to resocialise the person on supervision (in this case we may speak of the resocialising function of probation).         The key question asked by anyone who examines the effectiveness of some penal measure is: whether, and to what extent,  does it attain its aims? With this definition in mind, the effectiveness of probation was examined in two fields. In the first (narrower) field, the author asked if there had been a juridical improvement in the behaviour of persons put under supervision. In the second (wider) field, success was measured by the extent of the supervised persons resocialisation - that is, an attempt was made to find out how the supervised person functioned in society, that is, whether  he kept to the basic social norms that society expects,of its members. In both fields, the moment of time when effectiveness of supervision was assessed was that at which supervision ceased. Those who successfully completed their period of probation were checked again at the end of 38 months, to see whether or not they had reverted to crime.         The group studied here consisted of all male recidivists in Warsaw who were put under a protective supervision order in 1971-1972. There were 232 persons in the group.           Two research techniques were used. ln the first, the relevant documents were studied (documents concerning previous criminal caces, prison documents, records of the course of protective supervision, data, about previous convictions, as well as about periods spent in penal institutions and in remand). In the second, the recidivist was interviewed on the basis of a questionnaire.         4. Out of the 232 persons investigated, 43.1 %  completed the supervision period successfully, 53.3%  failed to do so, and in 3.4% of the cases death intervened.         In this group of recidivists who had been put under supervision the author differentiated three groups:          Group I - taken as having been resocialised during the supervision period, and as having successfully completed their supervision. This group consisted of 57 men (26% of the total number studied).          Group II – regarded as not having been resocialised, but that completed the probation period successfully, without ill consequences for themselves. Group II consisted of 43 men (19% of the total).         Group III,  consisting of men who were not resocialised, and who as a result  suffered the additional ill effect of being isolated in the social readaptation centre; this group failed to complete their supervision successfully. In this group were 124 men (55%  of the total).        Some of the unresocialised men in Group III did not carry out any of the duties or orders given them. Some reverted to crime even although for a time they carried out their duties and orders. Some did not carry out their duties and orders, and reverted to crime. In this group the supervision system failed to fulfil the functions expected of it. With regard to those who did not carry out their obligations and orders it failed in its resocialisation function, while with regard to the others, who committed a crime while under supervision, it failed in both its functions: restraint and resocialisation. The following characteristics were found in Groups I, II and III.        Group  I consisted mostly of the youngest men (only one-eighth of the group were over 40). They were educated at least up to elementary school standard (approx. age 14-15). During the probation period they carried out work that called for skills. They were physically healthy. In their case  the supervision period was one in which their lives were financially more stable (they had paid jobs). They also had stable family lives, and started their own a families. Of all the groups, they had the fewest convictions up to the time the probation period began. They had mainly committed offences against property, but a significant number had been gauilty of crimes of a predominantly aggressive nature. Drunkenness was not noted among them during the supervision period. The men in this group declared that after they had come out of prison and been put under protective supervision they had no special trouble in beginning life again in freedom. They also said they were pleased with life.      Group  II consisted of men who, judged from the formal point of view, completed their supervision period successfully. But their behaviour during supervision, and above all their heavy drinking, does not justify us in regarding them as having been resocialised. These were habitual criminals  who when put under supervision were older (mostly over the age of thirty), as compared witn the men in Group I. As many as a quarter of the men in Group  II were habitual criminals aged forty and over. Compared with the men in Group I, they were less well educated, and worse qualified for jobs. Among them various types  of physical complaints were found, possibly because they were older, and possibly also because they had a longer career of crime. Fewer of them were married. They seemed to make little effort to achieve financial stability. During the supervision period they frequently changed their job - often because of some infringement of discipline, or because they arbitrarily threw up their job. When they began probation, they had more convictions behind them than the men in Group I. Group II had the lowest number of men who had committed serious crimes against property, or serious aggressive crimes. They were guilty mostly of petty crimes.  Above all the habitual criminals in this group are the most awkward ones from the social point of view. They were the ones  who mostly said they were dissatisfied with their lives. While on supervision they did not give up heavy drinking. Moreover, although ordered to take a "drying-out" cure , they did not go for treatment at all, or did so irregularly. Before their conviction they had worked irregularly, with gaps in between jobs, but during the whole supervision period they worked.             Groups III: protective supervision was a failure with group. As compared with the other groups the men in this one had more previous convictions - the average number of previous convictions being nearly six. More of them, as compared with the men in the other groups, went in mainly for crimes against property; the minority went in for crimes of a predominantly aggressive character and crimes of diverse types. Half of the men in Group II came into the 21-30 age group when ,they began supervision, while the other half were older (moreover, one-seventh were habitual criminals aged over forty). Even at the beginning of supervision the men in this group were in a worse situation than the others - especially as compared with the men in Group II, for they were worse educated, and worse prepared for earning living. The majority of the men in this group were single. Only one in five was married. Their health was noticeably poorer than that of the men in the other groups. Most of the men in this group drank heavilly during the supervision period. The men here confessed that immediately after getting out of prison they had trouble in getting back to a normal life. The main obstacles were lack of money,  and the difficulty in finding a job. When questioned they said that on the whole they were not happy about their lives. The majority (72.6%) had reverted to crime while on supervision. The others had been taken out of supervision because they did not carry out their obligations ot the orders or the probation officer.         6. In this study of men put under protective supervision, one in every four is reckoned to have been a success. it was noted that during the supervision period factors that made for success were: setting up a family, having a regular skilled job, and avoidance of heavy drinking.             In view of the above, it is the youngest habitual criminals who have the best chance of completing their supervision period successfultry. Age is in their favour, they have a better chance of a stable family life, they are better educated, better fitted for a job, they do not show the symptoms of social degradation associated with alcoholism, Because of these factors they are more likely to be able to return to a normal life.        7. During a period of 38 months from the end of the each man's supervision period, a check was kept on whether or not these men had further convictions. The men covered by this part of the study were those in Groups I and II, that is, those who successfully completed their probation.        Thirteen men from Group I and twelve men from Group II (that is, twenty-five men altogether), had subsequent convictions. They constituted 25% of the two groups. It may therefore be stated that the majority (three-quarters) of the men in Groups I and II had no convictions during the thirty-eight months following the end of their supervision period.       8. In the supervised groups studied here, we took one quarter as having been resocialised by the end of supervision, one-fifth as having at most improved formally, and over a half as not having been resocialised - in their case supervision ended in failure.       On the basis of this study it may be stated that the chief criterion on which the man on supervision was judged (and on which the success of the supervision proces was judged) was whether or not he carried out the instruction to have a paid job. This was due to two reasons: in the first place, if the man was in paid employment, it mean that he was fulfilling at least the minimum of the demands made on him during the supervision period (this minimum  was: to earn his own living). Secondly, it was easy for both the Probation Officer and for the man he was supervising to check whether this order was being carried out, and how. The implementation of their instructions was treated as being of less importance. The main one was to have paid employment.  If the man being supervised was in a job, but failed to carry out other instructions given to him, the Probation Officers did not ask for him to be taken off supervision.         At the present moment, when reform of the criminal law in Poland is under discussion, one of the problems being examined is that of the penal  liability of people who revert to crime, and the question of what legal penalties should be imposed on them. It has been pointed out during this discussion that the severe legal penalties imposed on habitual criminals during the last ten years have not been effective. Consequently the question still remains open: whether we should not apply the special measures described above - protective supervision or commitment to a social readaptation centre after the prison sentence is served. What we have learned from the use of a closed institution such as a social readaptation centre shows that it is completely ineffective. As for protective supervision, it has been postulated that this way of controlling the behaviour of habitual criminals should be transferred from the sphere of penal measures to the sphere of social security measures. It has been suggested that within the framework of post penitentiary care,  specific medsures to help, which would be carried out by the probation officers, would be available to habitual criminals after coming out of prison.
             1.The 1969 Penal Code introduced a new system of sanctions for offences committed by habitual criminals in special circumstances. Two new categories of special recidivism are here introduced: special basic recidivism (Art. 60, § 1 of the Penal Code), and special multi-recidivism (Art. 60, § 2 of the Penal Code). The legal consequences of a conviction under Art. 60, § 1 or § 2 are as follows: 1) longer terms of imprisonment, 2)the application of special measures: protective supervison and commitment to a social readaptation centre, These measures take effect after the prison sentence has been served.       Under the protective supervision system, the habitual offender is free, but supervised for a period of 3-5 years.      The readaptation centre is a closed institution. The habitual offender is sent there for a minimum period of two years, up to a maximum of five years.  After two years the penitentiary court may free the recidivist if it thinks he is unlikely to commit another crime after regaining his freedom.       The conditions under which a  person is  sent to a readaptation centre differ, according to whether he or she was sentenced under Art. 60,  §1 or  Art. 60, § 2 of the Penal Code. A recidivist may be sent to a readaptation centre by either the  criminal court or the penitentiary courts. The decision to apply these measures may be taken at diverse stages of the juridical and penitentiary process: 1) when the sentence is pronounced (by the criminal court), 2) towards the end of the prison sentence (penitentiary court), or 3) during the period of protective supervision (penitentiary court).      In the first of the three stages mentioned above, the recidivist senrenced under Art. 60,  § 1 of the Penal Code may or may not be put under protective supervison. It is not obligatory. In the case of a person sentenced under   § 2 of Art. 60 of  the Penal Code, it is obligatory either to put him under protecive supervision or to send him to a social readaptation centre. The decision to send a recidivist to a social readaptation centre (a more severe measure) is taken only if the court is of the opinion that protective supervision would be insufficient io prevent a return to crime.         In the second of the three stages mentioned above, towards the end of the recidivists's sentence the penitentiary court takes the following decisions: 1) it may put the habitual criminal under protective supervision if that was not done in the sentence of the criminal court; 2) it may alter the decision of the criminal court and put  the offender under a protective supervision order instead of sending  him to a social readaptation centre.       The third and last stage in which decisions are taken about the application of special measures, is when the offender is actually under the supervision of a Probation Officer. If the supervision is not working out satisfactorily, the recidivist may be sent to a social readaptation centre.        2.The habitual offender is supervised by a Probation Officer after he has served his prison sentence. No person who is under protective supervision may change his place of residence without the consent of the court. He is obliged to appear in court if summoned, and to carry out the court's recommendations (Art. 63 of the Penal Code).       The court may order the recidivists:  1. to perform an obligation incumbent on the sentenced person to provide support for another person;  2. to perform specified work for a social purpose; 3. to perform remunerated work, pursuing an education or preparing for an occupation; 4. to refrain from abusing alcohol; 5. to submit to medical treatment; 6. to refrain from frequenting specified surroundings or places; 7. other appropriated behaviour in the period of protective supervision, if it may prevent the commission again of an offense.         During the protective supervision period, the court may issue orders, or extend or alter those already given.      During the protective supervision period the recidivist comes under the supervision of a Probation Officer appointed by the court, who at the same time is responsible for organizing the resocialization of the person being supervised.       Protective supervision ceases: 1 when the appointed period of probation is at an end, and when probation has been successful, 2) Or aerlier, if the person being supervised fails to carry out the orders and obligations placed on him, or if he makes it impossible or difficult for the purpose of the protective supervison order to be attained (e.g. by committing a crime when under supervision, which means that the supervision was unsuccessful, 3) owing to causes which bring supervision to an end (e.g. death of the supervised person).        3. The study reported here dealt with one of the two special measures mentioned above - protective supervision. The main problem examined is the effectiveness of protective supervision.       Protective supervision is a system which has two goals: one is to keep the supervised person from committing another crime (here we may speak of the restraining function of supervision), while the other is to resocialise the person on supervision (in this case we may speak of the resocialising function of probation).         The key question asked by anyone who examines the effectiveness of some penal measure is: whether, and to what extent,  does it attain its aims? With this definition in mind, the effectiveness of probation was examined in two fields. In the first (narrower) field, the author asked if there had been a juridical improvement in the behaviour of persons put under supervision. In the second (wider) field, success was measured by the extent of the supervised persons resocialisation - that is, an attempt was made to find out how the supervised person functioned in society, that is, whether  he kept to the basic social norms that society expects,of its members. In both fields, the moment of time when effectiveness of supervision was assessed was that at which supervision ceased. Those who successfully completed their period of probation were checked again at the end of 38 months, to see whether or not they had reverted to crime.         The group studied here consisted of all male recidivists in Warsaw who were put under a protective supervision order in 1971-1972. There were 232 persons in the group.           Two research techniques were used. ln the first, the relevant documents were studied (documents concerning previous criminal caces, prison documents, records of the course of protective supervision, data, about previous convictions, as well as about periods spent in penal institutions and in remand). In the second, the recidivist was interviewed on the basis of a questionnaire.         4. Out of the 232 persons investigated, 43.1 %  completed the supervision period successfully, 53.3%  failed to do so, and in 3.4% of the cases death intervened.         In this group of recidivists who had been put under supervision the author differentiated three groups:          Group I - taken as having been resocialised during the supervision period, and as having successfully completed their supervision. This group consisted of 57 men (26% of the total number studied).          Group II – regarded as not having been resocialised, but that completed the probation period successfully, without ill consequences for themselves. Group II consisted of 43 men (19% of the total).         Group III,  consisting of men who were not resocialised, and who as a result  suffered the additional ill effect of being isolated in the social readaptation centre; this group failed to complete their supervision successfully. In this group were 124 men (55%  of the total).        Some of the unresocialised men in Group III did not carry out any of the duties or orders given them. Some reverted to crime even although for a time they carried out their duties and orders. Some did not carry out their duties and orders, and reverted to crime. In this group the supervision system failed to fulfil the functions expected of it. With regard to those who did not carry out their obligations and orders it failed in its resocialisation function, while with regard to the others, who committed a crime while under supervision, it failed in both its functions: restraint and resocialisation. The following characteristics were found in Groups I, II and III.        Group  I consisted mostly of the youngest men (only one-eighth of the group were over 40). They were educated at least up to elementary school standard (approx. age 14-15). During the probation period they carried out work that called for skills. They were physically healthy. In their case  the supervision period was one in which their lives were financially more stable (they had paid jobs). They also had stable family lives, and started their own a families. Of all the groups, they had the fewest convictions up to the time the probation period began. They had mainly committed offences against property, but a significant number had been gauilty of crimes of a predominantly aggressive nature. Drunkenness was not noted among them during the supervision period. The men in this group declared that after they had come out of prison and been put under protective supervision they had no special trouble in beginning life again in freedom. They also said they were pleased with life.      Group  II consisted of men who, judged from the formal point of view, completed their supervision period successfully. But their behaviour during supervision, and above all their heavy drinking, does not justify us in regarding them as having been resocialised. These were habitual criminals  who when put under supervision were older (mostly over the age of thirty), as compared witn the men in Group I. As many as a quarter of the men in Group  II were habitual criminals aged forty and over. Compared with the men in Group I, they were less well educated, and worse qualified for jobs. Among them various types  of physical complaints were found, possibly because they were older, and possibly also because they had a longer career of crime. Fewer of them were married. They seemed to make little effort to achieve financial stability. During the supervision period they frequently changed their job - often because of some infringement of discipline, or because they arbitrarily threw up their job. When they began probation, they had more convictions behind them than the men in Group I. Group II had the lowest number of men who had committed serious crimes against property, or serious aggressive crimes. They were guilty mostly of petty crimes.  Above all the habitual criminals in this group are the most awkward ones from the social point of view. They were the ones  who mostly said they were dissatisfied with their lives. While on supervision they did not give up heavy drinking. Moreover, although ordered to take a "drying-out" cure , they did not go for treatment at all, or did so irregularly. Before their conviction they had worked irregularly, with gaps in between jobs, but during the whole supervision period they worked.             Groups III: protective supervision was a failure with group. As compared with the other groups the men in this one had more previous convictions - the average number of previous convictions being nearly six. More of them, as compared with the men in the other groups, went in mainly for crimes against property; the minority went in for crimes of a predominantly aggressive character and crimes of diverse types. Half of the men in Group II came into the 21-30 age group when ,they began supervision, while the other half were older (moreover, one-seventh were habitual criminals aged over forty). Even at the beginning of supervision the men in this group were in a worse situation than the others - especially as compared with the men in Group II, for they were worse educated, and worse prepared for earning living. The majority of the men in this group were single. Only one in five was married. Their health was noticeably poorer than that of the men in the other groups. Most of the men in this group drank heavilly during the supervision period. The men here confessed that immediately after getting out of prison they had trouble in getting back to a normal life. The main obstacles were lack of money,  and the difficulty in finding a job. When questioned they said that on the whole they were not happy about their lives. The majority (72.6%) had reverted to crime while on supervision. The others had been taken out of supervision because they did not carry out their obligations ot the orders or the probation officer.         6. In this study of men put under protective supervision, one in every four is reckoned to have been a success. it was noted that during the supervision period factors that made for success were: setting up a family, having a regular skilled job, and avoidance of heavy drinking.             In view of the above, it is the youngest habitual criminals who have the best chance of completing their supervision period successfultry. Age is in their favour, they have a better chance of a stable family life, they are better educated, better fitted for a job, they do not show the symptoms of social degradation associated with alcoholism, Because of these factors they are more likely to be able to return to a normal life.        7. During a period of 38 months from the end of the each man's supervision period, a check was kept on whether or not these men had further convictions. The men covered by this part of the study were those in Groups I and II, that is, those who successfully completed their probation.        Thirteen men from Group I and twelve men from Group II (that is, twenty-five men altogether), had subsequent convictions. They constituted 25% of the two groups. It may therefore be stated that the majority (three-quarters) of the men in Groups I and II had no convictions during the thirty-eight months following the end of their supervision period.       8. In the supervised groups studied here, we took one quarter as having been resocialised by the end of supervision, one-fifth as having at most improved formally, and over a half as not having been resocialised - in their case supervision ended in failure.       On the basis of this study it may be stated that the chief criterion on which the man on supervision was judged (and on which the success of the supervision proces was judged) was whether or not he carried out the instruction to have a paid job. This was due to two reasons: in the first place, if the man was in paid employment, it mean that he was fulfilling at least the minimum of the demands made on him during the supervision period (this minimum  was: to earn his own living). Secondly, it was easy for both the Probation Officer and for the man he was supervising to check whether this order was being carried out, and how. The implementation of their instructions was treated as being of less importance. The main one was to have paid employment.  If the man being supervised was in a job, but failed to carry out other instructions given to him, the Probation Officers did not ask for him to be taken off supervision.         At the present moment, when reform of the criminal law in Poland is under discussion, one of the problems being examined is that of the penal  liability of people who revert to crime, and the question of what legal penalties should be imposed on them. It has been pointed out during this discussion that the severe legal penalties imposed on habitual criminals during the last ten years have not been effective. Consequently the question still remains open: whether we should not apply the special measures described above - protective supervision or commitment to a social readaptation centre after the prison sentence is served. What we have learned from the use of a closed institution such as a social readaptation centre shows that it is completely ineffective. As for protective supervision, it has been postulated that this way of controlling the behaviour of habitual criminals should be transferred from the sphere of penal measures to the sphere of social security measures. It has been suggested that within the framework of post penitentiary care,  specific medsures to help, which would be carried out by the probation officers, would be available to habitual criminals after coming out of prison.
    Źródło:
    Archiwum Kryminologii; 1983, X; 55-85
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Praca kuratora dla nieletnich w opinii sędziów sądów rodzinnych i kuratorów społecznych
    The opinion of family courts judges and voluntary probation officers on their work
    Autorzy:
    Wójcik, Dobrochna
    Powiązania:
    https://bibliotekanauki.pl/articles/699296.pdf
    Data publikacji:
    1988
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    sąd
    sędzia
    praca
    sąd rodzinny
    resocjalizacja
    kurator
    terapia
    nieletni
    rodzice
    opinia
    court
    judge
    work
    family court
    resocialization
    probation
    therapy
    minor
    parents
    opinion
    Opis:
    The paper contains the results of a questionnaire study carried out on national representative samples of family courts judges (277 persons) and voluntary probation officers (247 persons). The main aim of the study was to obtain the practicians opinion as to the model of probation service existing in Poland and its ideal vision, as well as the conception of the work of a voluntary probation officer with a juvenile delinquent and his milieu and the: effectiveness of such work. comparing the statements of judges and voluntary probation officers, the author intended to find out what opinion the persons who play various parts in the process of resocialization of juveniles have on the educational work of voluntary probation officers: what this work should be and what it actually is. The picture that emerges from the statements of both groups of respondents is not favourable, the appraisals made by family courts judges being more, critical as a rule than those of voluntary probation officers. Some of the respondents statements are declarations and wishes. Over a half of the family courts judges (58 per cent) and about 80 per cent of voluntary probation officers consider the voluntary-cum-professional model of probation service for juvenile delinquents found in our country to be a good one (although only a part of them approve of it fully, with the remaining ones accepting it conditionally and submitting various proposals for its improvement). On the other hand, as many as 42 per cent of judges and about 20 per cent of voluntary probation officers opt for the performance of supervision -by professional probation officers only. To substantiate their standpoint, these persons argue that voluntary probation officers lack qualifications, are insufficiently engaged in educational work with juveniles, and that in their case difficulties arise in executing the proper performance of supervision. Also the enrollment of voluntary probation officers is disapproved of, the examined persons stating that in the face of a small number of applicants for this work, no requirements can be imposed upon them, and many of them are chance persons with no training whatever. As few as 7.6 per cent of family courts judges and as many as 48.6 per cent of voluntary probation officers are of the opinion that probation officers are well prepared to perform their function of resocialization. In the opinion of most respondents, the number of voluntary probation officers is greatly insufficient.                        The author was also interested in the respondents vision of the voluntary probation officer's work with a juvenile and his milieu, the elements that should prevail in this work: education, care or supervision, and the actual situation in this respect, as well as the real course of this work. Most respondents (78 per cent of judges and 52.2 per cent of probation officers) stresed the educational elements of a voluntary -probation officer's activity. :What is alarming, however, is the fact a considerable group both of family courts' judges (21.3 per cent) and of voluntary probation officers (30 per cent) believe formal supervision to be the most important aspect.             Yet as shown by the findings of the study, the actual work of .a voluntary probation. officers departs greatly from the declared ideal model. Voluntary probation officers are burdened with an excessive number of supervised juveniles, with about 30 per .cent of them supervising over 10 persons which is the number set as the maximum. The majority of respondents demand a reduction of the number of juveniles under supervision, which is however difficult to be fulfilled because of the lack of candidates willing to become probation officers. As appears also from the respondents statements, there is no elaborate conception of the voluntary probation officer's work. Too much weight is attached when appraising this work to its formal criteria (e.g. the number of probation officer's contacts with the juvenile). Instead, the quality of his work is inadequately analyzed. Admittedly, both professional probation officers and most of all family courts judges lack sufficient data to carry out such an analysis: namely, the information about a voluntary probation officer's work come from his reports that are frequently faulty as regards quality, contents and promptness; this appears not only from the judge's but also from the voluntary probation officers' own statements.             Co-operation between voluntary probation officers on the one hand, and profesional probation officers and family courts' judges on the other hand, is also faulitly organized. The respondents perceive this co-operation as the opportunity to settle definite legal, educational and organizational matters rather, than as a regular influence of the family court towards an improvement of the voluntary probation officers' qualifications and an increase of their educational impact on the juveniles.             In resocializing activities, great weight is attached to the educational methods applied by the voluntary probation officer. His basic method is considered to be that of individual therapy which should be accompanied by group and environmental therapy. As appears from the statements of most voluntary probation officers, the forms of their work, and of influencing the juvenile in particular, were rather modest and poorly differentiated, the probation officers revealing litt1e initiative and being either relucant or unable to make the contacts with juvniles supervised by them more diversified. As few as about 20 per cent of the examined voluntary probation officers were in good contact with some of their probationers at any rate, the contact being of a therapeutical character (which was important in so- far as over 40 per cent of probation officers stated that they supervised- juveniles with personality disorders). In resocializing work, the posibilities of influence in a group of young persons are insufficiently used. Moreover, voluntary probation officers  meet with many difficulties in co-operating with their probationers families, their contacts with the institutions engaged in crime prevention, education or social assistance being also unsatisfactory. Voluntary probation officers co-operate rather regularly with schools, the police, the Polish Committee for Social Aid and occupational guidance centres only (though naturally the degree of a voluntary probation officer's co-operation with the abovementioned institutions differs).             The respondents of both groups expressed their opinions about the effectiveness of the supervision, its conditions and criteria. In general, views of family courts judges and of volunatry probation officers converged to a high degree, the majority of respondents being of the opinion that nothing but the juvenile's complete and positive participation in the social life and proper performance of due social roles testifies to a successful ending of a supervision.             Convergences could also be found. between the judges and the probation officers opinions about the conditions of success vs. failure of supervision. Discussing successful supervisions respondents of both groups stressed the importance of good relations between the probation officer and his probationer, co-operation with the juvenile’s parents, their emotional commitment and readiness to act jointly with the probation officer, the probation officer's competence in getting into emotional contact with the juvenile and his family and to win their confidence. According to the respondents, the most important factors that determine a failure of supervision are: the juvenile's considerable demoralization, influence of the negative peer group, a negative family milieu and a lack of co-operation. with the probation officer on the part of the parents. Therefore, respondents of both groups lay a great emphasis on the importance of emotional relations which should link the three parties involved: the juvenile, his parents, and the voluntary probation officer. The necessity of mutual approval, understanding and respect for each other’s rights, was particularly stressed. Mutual good emotional relations linking the above-mentioned persons seams to be the key issue as far as success or failure of super- vision is concerned. If both the juvenile and his parents have a favourable attitude towards the probation officer and trust him, it will be much easier for him to persuade the juvenile of the necessity of regular learning or changing his conduct, and his parents-of the need for co-operation. Therefore the findings point to the fact that the declared shape of the work of a voluntary probation officer is much better than the actual one.             The final part of the questionnaire was devoted to the use of educational measures and obligations of juvenile delinquents and their parents resulting from provisions of the Act of Nov. 26, 1982 on the proceedings in cases concerning minors. The Act introduced new educational measures and obligations of juveniles, as well as the possibility of punishing the juvenile's parents with a fine and notifying their workplaces or social organizations they are members of about their failure in parental obligations whenever this failure is caused by the parents fault. About 60-70 per cent of the judges never applied the newly introduced educational measures nor imposed obligations upon juveniles, although over a half of the judges and 60-70 per cent of the voluntary probation officers are convinced that it was right to introduce these new measures. A part of the respondents however (one-fourth of the judges and one-fifth of the probation officers) express their doubts as to the possibilities of the family court's supervision of performance of the obligation imposed upon juveniles. Very few judges applied disciplinary measures towards the juveniles parents in practice, although about 25 per cent of them express an opinion as to the effectiveness of a fine, and about 18 per cent believe that notifying the parents workplace may bring about satisfactory results. As compared with judges, voluntary probation officers expressed their favourable opinion as to the effectiveness of these measures more frequently (44 and 62 per cent respectively).             Because of a relatively short period of binding force of the new provisions (which was about one and a half years at the moment of the study), the problem of application of some of the educational measures and obligations in particular, as well as the judges and probation officers opinion as to their pertinence and the possibilities of supervising their execution should be investigated further.
    Źródło:
    Archiwum Kryminologii; 1988, XV; 203-249
    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:
    W poszukiwaniu skutecznych metod resocjalizacji sprawców pozbawionych wolności na przykładzie Stanów Zjednoczonych Ameryki
    In Search of Effective Methods of Prison Rehabilitation – An Example of the United States
    Autorzy:
    Szwejkowska, Małgorzata
    Powiązania:
    https://bibliotekanauki.pl/articles/698767.pdf
    Data publikacji:
    2018
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    resocjalizacja
    cele kary izolacyjnej
    pozbawienie wolności
    osadzony
    RNR Model
    ocena aktuarialna
    zagrożenie recydywą
    rehabilitation
    objectives of a punishment
    imprisonment
    inmate
    Risk-Need-Responsivity Model (RNR)
    assessment
    relapse into crime
    Opis:
    In its introduction, the article characterises - in a most comprehensible way - themain objectives of criminal sanctions and their role in preventing crime, according tothe most commonly expressed opinions on the subject from American scholars. It isfollowed by a brief history of assessing the risk of committing an offence in the UnitedStates in recent decades. The risk assessment process was developed before World WarII as a tool to predict possible recidivism in the case of inmates released on parole, butit has been in more common use since 1980s. While the “What works?” movementinitially emerged in the United States, one needs to remember the publication of Robert Martinso’s report that created the “Nothing works” (concerning prison rehabilitation)doctrine. It aided the justification of severe changes in punitive prison policies inthe 1970s that continued well into the 1990s, with the slogans “tough on crime, toughon the causes of crime” being more prominent. It took more than a decade to reestablishsome hope in prison rehabilitation programmes and allow the paradigm shiftsto happen – from the retribution “being tough on offenders” policy to more creativeapproaches towards offenders. By constructive approaches to working with offenders,one means the use of effective methods and techniques to alter criminal behaviourof inmates to prevent their possible relapse into crime (crime prevention).The main goal of the article is to present the most fundamental system in the UScriminal justice system that is most commonly applied nowadays: the Risk-Need-Responsivity (RNR) model and its principles to offender assessment. The aforementionedprinciples were laid down by Canadian scholars, Donald Arthur Andrews andJames Bonta. In that model, “risk” means the identification of specific factors thatare associated with recidivism (in general, depending on a specific crime, e.g. sexualoffenders or offenders who committed violent crimes). Andrews and Bonta argue thata number of factors need to be considered in any comprehensive theory of criminalbehaviour, including biological or neurological issues, inheritance, temperamentand social and cultural factors, while also noting that criminal behaviour is a multifactorialissue. “Need” assesses criminogenic needs and targets them in prison treatmentprogrammes for elimination, while “responsivity” intends to maximise the offender’sability to learn how to combat possible recidivism through rehabilitative intervention,providing cognitive behavioural treatment – with the said intervention being tailoredto the learning style, motivation, abilities and strengths of the offender.Risk assessment is applied during different stages of the criminal procedure: beforesentencing and during the period of time when the criminal sanction is executed, i.e.while serving a custodial sentence. It must be noted that, in the US justice system, judgesare not the only people obliged to assess the potential risk of an offender relapsinginto crime in the future. Prison officers are also tasked with such assessment. Throughthe application of the RNR model, it is possible for the prison staff to divide inmatesinto specific groups, depending on security levels and adequate treatment programmes.In that case, the assessment tools based on the RNR model not only allow a predictionof a possible relapse into crime, but also a proper allocation of convicts to rehabilitationprogrammes provided within prisons. A convict undergoes an evaluation before andafter the treatment. Such evaluations are imposed on most prisoners, so performingthem does have an impact on the financial and human resources of a given penitentiaryunit.The most important question, “What works in prison?” is answered by the majorityof scholars through propositions of providing cognitive and behavioural skill programmesto the convicts. They have clear criteria to ensure that objectives, methods andapplication of rehabilitation programmes correspond with the needs of criminaloffenders. The conclusion of the research is meant to prove that providing offenders with such treatment (based upon the RNR model) may have a positive effect on re -ducing the risk of relapse into crime in the future. However, the appropriate methodsof treatment are based not only on psychotherapy (or, sometimes, on pharmacologicaltreatment), but also on education, vocational training, personal development, strengtheningself-control mechanisms and improving interpersonal skills.
    Źródło:
    Archiwum Kryminologii; 2018, XL; 431-458
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Wsparcie procesu readaptacji społecznej skazanych na przykładzie programu „Teatr, Mama, Tata i Ja”
    Supporting the social re-adaptation of prisoners on the basis of the programme “Theatre, Mummy, Daddy, and Me”
    Autorzy:
    Dąbrowska, Anna
    Kusztal, Justyna
    Turczyk, Małgorzata
    Powiązania:
    https://bibliotekanauki.pl/articles/698810.pdf
    Data publikacji:
    2019
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    programy korekcyjne
    resocjalizacja
    skazany
    osadzeni
    prawo dziecka do kontaktu z rodzicem
    Konwencja o prawach dziecka
    dzieci skazanych rodziców
    corrective programmes
    social rehabilitation
    convicted
    prisoners
    the right of the child to contact the parent
    Convention on the Rights of the Child
    children of incarcerated parents
    Opis:
    The article presents an innovative programme for the re-adaptation of inmates confined in correctional facilities which focusses on building and consolidating their bonds with their children. In Poland, contemporary social rehabilitation programmes are based on measures listed in the Polish Executive Penal Code of 1998 (Executive Penal Code, 1997, Art. 67 § 3). Apart from studying, working, cultural and educational activities, and therapeutic interventions, the Code also mentions contact with family members and relatives. These rehabilitation programmes include the right of convicts, under international and national law, to maintain contact with their families, while methodologically they are compliant with the most current cognitive-behavioural approach to therapy and corrective measures. They also draw on the multi-systemic approach, in a general sense. In the context of safeguarding children’s rights, contact between parents and children is the responsibility of the parents, but in the case of prisoners it is the responsibility of the correctional institution to ensure that prisoners can exercise their rights while serving a custodial sentence. The article takes advantage of the methodologies of document analysis and participant observation. It discusses the programme for the social re-adaptation of prisoners, which involves encouraging and consolidating relationships between parents and children while maintaining a focus on particular rehabilitation objectives, resocialisation methods, and outcome evaluation.
    Celem artykułu jest prezentacja innowacyjnego programu readaptacji skazanych w zakładzie karnym nakierowanego na budowanie i wzmacnianie więzi z dziećmi. Program „Teatr, Mama, Tata i Ja” realizowany jest od 2015 r. do chwili obecnej przez zespół Teatru Lalki i Aktora „Kubuś” i pracowników Aresztu Śledczego w Kielcach dla osób odbywających karę pozbawienia wolności. Współczesne programy resocjalizacji wykorzystują podstawowe środki resocjalizacji wymienione w polskim Kodeksie karnym wykonawczym z 1998 r. Obok nauki, pracy, zajęć kulturalno-oświatowych i sportowych oraz oddziaływań terapeutycznych regulacje prawne wskazują na kontakty z rodziną i osobami bliskimi. Programy te uwzględniają prawo skazanych do utrzymywania kontaktów z rodziną na mocy prawa międzynarodowego i krajowego, a w zakresie metodycznym są adekwatne do najbardziej aktualnego podejścia kognitywno-behawioralnego w terapii (cognitive-behavioural therapy) i działaniach korekcyjnych. Realizacja kontaktów dzieci z rodzicami jest obowiązkiem rodziców w kontekście zabezpieczenia praw dziecka, a po stronie instytucji korekcyjnej leży obowiązek zapewnienia skazanym realizacji ich praw w czasie odbywania kary pozbawienia wolności. Artykuł ma charakter empiryczny, wykorzystuje bowiem metody analizy dokumentów oraz obserwacji uczestniczącej.
    Źródło:
    Archiwum Kryminologii; 2019, XLI/2; 335-363
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
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