Temat: FAMILY COURT - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Działalność wychowawcza sądu rodzinnego wobec nieletnich – pomiędzy ideami a praktyką
Correctional Activity of Family Courts for Juveniles: Between Ideas and Practice
Autorzy:: Klaus, Witold
Powiązania:: https://bibliotekanauki.pl/articles/698904.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: nieletni
działalność wychowawcza
sąd rodzinny
postępowanie sądowe
środki karne
badania katamnestyczne
correctional activity of family court
correctional activity
family court
juvenile
punitive measures
court action
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 331-347
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: Psychospołeczne czynniki wpływające na efektywność pracy sędziów wydziałów rodzinnych i nieletnich
Psychological Factors Influencing the Effectiveness of Family and Juvenile Court Judges
Autorzy:: Opora, Robert
Powiązania:: https://bibliotekanauki.pl/articles/699100.pdf
Data publikacji:: 2006
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: sąd rodzinny
wymiar sprawiedliwości
nieletni
sąd dla nieletnich
sędziowie
kuratorzy sądowi
psychologia
juvenile justice system
juvenile court judges
family court judges
Opis:: The paper concerns personal and environmental factors influencing the effectiveness of the juvenile justice system. The survey was based on the Polish juvenile justice system, but it concerns the European standards of the treatment of juvenile delinquency. The author also presents the problem in terms of community service which is very closely related to the juvenile justice system in Poland. The causal factor was presented in a graph, which is called the Ishikawa and Pareto graph, a graph of reasons and effects. The survey included 148 Polish juvenile court judges. The results of the research could be useful for improving the Polish juvenile justice system and probably some of the issues could be extrapolated to other country juvenile justice systems.
Źródło:: Archiwum Kryminologii; 2006, XXVIII; 255-266
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

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

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Skocz do pozycji: 4.

Tytuł:: O potrzebie zmian w polskim prawie rozwodowym
Autorzy:: Andrzejewski, Marek
Powiązania:: https://bibliotekanauki.pl/articles/1788173.pdf
Data publikacji:: 2016-09-01
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: małżeństwo
rodzina
rozwód
prawo rozwodowe
sąd rodzinny
prawo rodzinne
postulaty zmian
marriage
family
divorce
divorce law
court of domestic relations
polish divorce law
Opis:: The author discusses an always relevant problem of the model of the procedure for dissolving marriage. The problem is analyzed from the point of view not only of law, but also social sciences, primarily, psychology. He observes a presence of a dominant tendency nowadays to deemphasize the meaning of marriage and family, and to succumb to crisis and file for a divorce for banal reasons. The so called pro-divorce mentality translates into a tendency observed among judges to favour divorce. On the other hand, the author assesses the legal acts referring to divorce cases as reasonable, i.e. neither favoring nor facilitating divorce. Therefore, a need is emphasized to change the approach to the family in a critical situation. He suggests that in a family court instead of settling family legal problems an attempt should be made to solve them. To this effect, in local communities, special groups comprising psychologists, pedagogues, lawyers, social workers and other specialists should be set up. The ultimate goal for the groups would be to try to reconcile the spouses, to help them solve their family problems, including assistance in dealing with all divorce procedures. People dissatisfied with the proposal suggested by such a group might have a right to file a case in court. In court the proceedings should be held in compliance not with the so far applied adversarial principle but with the conciliatory principle.
Źródło:: Studia Prawnicze; 2016, 3 (207); 99-127
0039-3312
2719-4302
Pojawia się w:: Studia Prawnicze
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Rozmiary przestępczości wśród dawnych podopiecznych sądu opiekuńczego – dzieci rodziców z ograniczoną władzą rodzicielską
Extent of Crime Among Former Juveniles Whose Parents Were Limited in Their Parental Authority, and Who Were Under the Care of Juvenile and Civil Courts
Autorzy:: Strzembosz, Adam
Powiązania:: https://bibliotekanauki.pl/articles/699060.pdf
Data publikacji:: 1982
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
sąd opiekuńczy
ograniczona władza rodzicielska
władza rodzicielska
kara
warunki rodzinne
małoletni
zaburzenia w zachowaniu
karalność
rozmiary przestępczości
niedostosowanie społeczne
criminality
guardianship court
limited parental responsibility
parental authority
penalty
family conditions
minor
behavioral disorders
penality
extent of crime
social maladjustment
Opis:: The reported research is a continuation of the studies on families under court’s supervision in consequence of the limitation of parental authority. The former studies were conducted on the sample of such families representative of the entire country, which consisted of 757 families with the total of 1,436 children in whose interest protection proceedings has been instituted in 1973. While in that phase of research an attempt was made to characterize the families and the children that came within the above proceedings and to describe the action of the court and the efficiency of the measures adjudicated by the court, in the present studies the further fates have been studied of 330 boys and 252 girls - formerly under the care of the court - who were aged at least 19 on September 1, 1980 (they were aged 19 - 24, mean age being 22). During the research, it was found that among the persons under examination - after coming up to the age of 17 (upper limit of minority) - there were 27% of men and 7% of women with criminal records (12% of men and 2% of women had been convicted at least twice). This percentage was three times higher as regards the convicted men and 8 times higher as regards the convicted women in comparison with the extent of crime measured by the number of convictions among men and women aged 21. Among the convicted men there were as many as 49% convicted for larceny, 19% for robbery, and 13% convicted for offences against person. As many as 84% of men were convicted for offences against property only, or for these offences as well as for others. The structure of crime of the persons under scrutiny differs from that of the whole of young adult offenders (aged 17 - 20) as regards the high percentage of those convicted for larceny. In this respect it resembles the structure of crime of the juveniles formerly under care of juvenile courts in, the cases pertaining to parental rights in Warsaw, but only as regards the sons of alcoholics (also aged 22 on the average), as the sons of non-alcoholics were in a much higher percentage convicted for offences against person, characterized by a large intensity of aggressiveness. The offences of the persons under examination resemble juvenile delinquency in the eldest age groups, though the harmfulness of their offences is much greater. 50% of the convicted men had been sentenced to immediate imprisonment already in their first case, 95% - in their second case, and all of the convicted men –in their third case. An attempt was made to differentiate the category of the investigated sons who would be characterized by a higher extent of crime when aged over 17; however, no increase in offending was found both among children from broken homes and among those whose parents revealedconsiderable social demoralization. Even the percentage of socially demoralized mothers whose sons had criminal records when aged over 17 was only slightly higher than that of socially adjusted mothers of the convicted men. On the other hand, the men coming from towns were considerably more frequently convicted as compared with those coming from the rural areas, which seems to shake the now established opinion about the small differences between the intensity of crime in the town and the country, if we take into account the offender’s place of residence and not the place where the given offence has been committed. In spite of the confirmation by the present study of the well known regularity that there is a higher percentage of persons convicted when aged over 17 among those who revealed early behavior disorders, and in spite of the fact that there is a correlation between the improvement in the minor’s behavior accomplished by the probation officer during his supervision and the subsequent clear record of his former probationer - no correlation was found between the way in which the supervision had been performed and the criminal records of the men when aged over 17. Such a correlation was not revealed even by comparing the most highly estimated supervision with this actually not performed at all. This proves the predominating role of factors other than probation officer’s supervision in the process of forming social attitudes of the youth. Since even those of the probation officers, who perform their supervision reliably and efficiently, are not in approximately one half of the cases able to cause improvement of their probationer’s behavior, then the role of other factors independent of the officer’s action is immense and their further negative or favourable influence may - in course of time - wholly destroy the impact of the methods of supervision. Therefore not only the probation officer’s efforts should be supported by creating the actual possibilities for him to organize the proper educational environment for his probationer but also these social processes should be strenghtened which promote the internalization by children and youths of favourable patterns of behavior and moral standards.
Źródło:: Archiwum Kryminologii; 1982, VIII-IX; 271-290
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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