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Wyświetlanie 1-9 z 9
Tytuł:
Młodociani sprawcy rozboju
Young Adults Convicted of Robbery
Autorzy:
Wójcik, Dobrochna
Powiązania:
https://bibliotekanauki.pl/articles/699144.pdf
Data publikacji:
1972
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
młodociani sprawcy
rozbój
young adults
robbery
offender
Opis:
The study presents the findings of an inquiry conducted among 60 young adults (male) serving sentences for robbery in a Warsaw prison. These 60 offenders (aged I7 - 20) formed part of a total of 229 young adults convicted of robbery and confined in this Warsaw prison between 1 October, 1966 and 30 November, 1968, with regard to whom details were secured of their criminal records from the age of ten. Of these 229 young persons, whose average age was 18.8, as many as 76 per cent had previous convictions, 58 per cent of them having appeared in juvenile courts and 48 per cent in criminal courts for offenders over 17 years of age. Of those who had appeared in juvenile courts 42 per cent had three or more appearances. The fact that three-quarters of the young adults convicted of robbery in Warsaw are repeated offenders indicates a need to analyze the types of their offences. As regards offences committed as juveniles, these were usually thefts, the proportion of crimes of violence not exceeding 18 per cent. Above the age of seventeen, however, the structure of their offences changes, since 36 per cent involved acts of physical assault and 14 per cent offences with verbal aggression (i.e. slander); offences against property, on the other hand, came to 48 per cent. The young recidivists convicted of robbery differ basically (p < 0.001) from young adults guilty of other offences (previously surveyed by the Department of Criminology) since the majority of the latter (as much as 67 per cent) were offences against property (usually larceny). The above evidence indicates therefore that the problem of aggressiveness requires special attention in studies of robbery offences committed by young adults. A more detailed inquiry was, as has been said, conducted among 60 young adults serving sentences for robbery, of whom 82 per cent had more than one previous conviction. The control group consisted of 43 young recidivists convicted of various offences (chiefly theft) with the exception of robbery. The first point to be made is that the subjects revealed, according to the accounts of their mothers, marked behaviour disorders as early as pre-school age (overactivity and restlessness, stubbornness, etc.). Evidence of such behaviour disorders below the age of seven was found much more frequently among offenders convicted of robbery (61 per cent) than in the control group containing young adult recidivists who had committed other offences (34 per cent). Only 69 per cent of the robbery offenders had completed the seven grades of elementary school, and of these only 12 pet cent had never been kept back a grade, while 24 per cent had fallen back one grade, 39 per cent two grades and 24 per cent three or more grades. This poor progress at school cannot be explained by lower levers of intelligence since 68 per cent of the subjects had normal IQs, 24.5 per cent were dull, 6.2 per cent were on the borderline of mental deficiency and 2 per cent were morons. Among the young robbery offenders (and the young recidivists as well for that matter) there had been frequent cases of truancy (77 per cent) and this had begun at an early age since almost half had got into the habit before the fourth grade. Thefts had been committed by 61 per cent of the subjects below the age of 15. The majority (65 per cent) had no vocational qualifications. Altogether among all the young adult robbery offenders with previous convictions, 16 per, cent had never been gainfully employed, and 49 per cent had jobs for less than half the period they were at liberty after completing their sixteenth year. At the time the robbery was committed, the percentage in employment did not exceed 17 per cent. The subjects spent their time among demoralized peers with whom they drank. The nature of the environment in which they mixed can best be seen from the fact that among the persons who were accomplices to their robberies (almost always young adults or juveniles), as many as 75 per cent had been previously convicted and 60 per cent frequently drank to excess. It should be noted that the young recidivists in the control group convicted of other offences and drawn from persons with a record of theft as juveniles, had made even poorer progress at school than the robbery offenders, had in fewer cases completed elementary school, had more frequently run away from home, had started to steal regularly at an earlier age and had committed many more thefts as juveniles and children. The inquiry found, however, that the robbery offenders had displayed personality disorders at an earlier age and had started to drink younger and done much more drinking at 16 – 17 years of age. The data on the drinking habits of the robbery offenders merit special attention. It was found that only 23 per cent of these young adults drank less frequently than once a week, 55 per cent drank 2-3 times a week, and 22 per cent drank at least four times a week (these figures are certainly not an accurate reflection of the degree of drinking which was undoubtedly even higher). It should be emphasized that 43 per cent of the subjects began to drink wine or spirits at least once a week below the age of 16, and 75 per cent were drinking with the same regularity before their 17th birthday. In the period preceding the robbery a large percentage of the young adults (52 per cent) were drinking large quantities of alcohol at each session (at least 1/4 litre in terms of spirits) 2 - 3 times a week or more. They drank wine or vodka, or both. It should not be forgotten in considering these figures that some 60 per cent of the robbery offenders were only 17-18 years of age. Furthermore 42 per cent of the 17-18 age  group had been drinking 2-3 times a week or more for at least two years, and 50 per cent of the 19 -20 age bracket had been doing so for at least three years. A third of the subjects admitted to intoxication at least once or twice a month, and a half recorded that they were inebriated several times a month. A very large majority (c. 80 per cent) were under the influence of alcohol when they committed their robbery. In the psychological inquiries detailed attention was given to the problems of aggression in the case of the young robbery offenders, their level of aggressiveness being determined from the evidence of aggressive behaviour in childhood and later yielded by interviews with both the subjects themselves and their mothers. Ratings of “very aggressive” were scored by 62 per cent of the young robbery offenders. In comparison with the findings of the Department of Criminology study of other samples of juvenile and adult recidivists (not convicted of robbery), it has been found that the robbery offenders do indeed display a greater incidence of aggressive behaviour and score higher in the Buss-Durkee aggression questionnaire. The robbery offenders not qualified as “very aggressive”, (38 per cent) also had occasional acts of aggression in their past career, and 25 per cent of them had  even been previously prosecuted for offences containing an element of violence. However, they differed in certain respects from the robbery offenders qualified as “very aggressive”. Among the latter regular drinking was more frequent (p < 0.001) and had begun at an earlier age (p < 0.01), thefts had been more common and the rate of recidivism was greater. Evidence of the presence of such characteristics as overactivity, impulsiveness, etc., in childhood was also more frequent (p < 0.05). In addition they possessed a higher rate of brain damage. Very aggressive robbery offenders more frequently displayed overactivity whereas the non-aggressive offenders tended to have clearly passive personalities (p < 0.02) inclined to let others take the lead. Attention should finally be drawn to the more frequent occurence among the “very aggressive” offenders (in comparison with the remaining young adults convicted of robbery) of certain adverse conditions in their home background. There were many more cases of among these subjects of defective emotional relationships between parents and son (p < 0.01) and more frequent employment of brutal corporal punishment (p < 0.02). These are factors found by various inquiries to be conducive to the development of aggressive attitudes. However, as regards such environmental factors as alcoholic or criminal parents and siblings, no significant differences were found between the backgrounds of the aggressive and non-aggressive robbery offenders. In analysing the problem of aggressiveness the question of brain damage should not be overlooked. In the case of as many as 29 of the sample (49 per cent) there was evidence pointing to such a condition with a high degree of probability. These subjects displayed, it was found, more frequent symptoms of behaviour disorders and social maladjustment such as frequent stealing (p < 0.001), early excessive drinking (p < 0.02), considerable violence (p < 0.001) and more frequent self-aggression (p < 0.02). This multiplication of behaviour disorders among offenders suffering from brain damage points to greater adaptation difficulties further compounded by their home circumstances. Among the whole sample of young robbery offenders there were only 16 per cent who were not found to be subject either to brain damage or decidedly adverse influences at home. The homes of the young robbery offenders present as negative a picture as those of the previously studied recidivists convicted of other offences. Only 57 per cent of the former spent their childhood in unbroken homes. As many as 65 per cent of their fathers regularly drank to excess, and at least 27 per cent of them can be qualified as alcoholics. The percentage of fathers with a criminal record was less than 23 per cent and the majority of these were not persistent offenders. Most of their offences were of a drunk-and-disorderly nature. The subjects’ fathers were by and large persons with a low standard of education and vocational qualifications: only 28 per cent had advanced beyond elementary school, usually to vocational school. Almost all the subjects came from the homes of unskilled or low-skilled labourers. Only a third of their homes were relatively well off. Among a large majority of the fathers (71 per cent) and as much as 45 per cent of the mothers there was evidence of their emotional relationship with their children being inadequate. In the case of 61 per cent of the fathers there was very frequent employment of excessively severe corporal punishment of the subjects. The inquiry also revealed the typical fact that 51 per cent of the brothers of the young adults serving sentences for robbery had (by the time they had completed their tenth birthday) been before the courts and that the same percentage were heavy drinkers. Only in 28 per cent of the homes was there no evidence of frequent excessive drinking and criminal offences by brothers. A comparison of the home environments of the young recidivists convicted of robbery and those convicted of other offences revealed no differences as regards such factors as family structure or alcoholic and criminal parents and siblings (except that the brothers of the robbery offenders had committed more offences of an aggressive nature than the brothers of the persons in the control group). However, marked differences were found in the emotional relationship of parents to children and the practice of severe  corporal punishment which was much more frequent in the case of the fathers of the robbery offenders. These are factors which various inquiries have found to be conducive to the formation of aggressive attitudes.
Źródło:
Archiwum Kryminologii; 1972, V; 151-189
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Teoretyczne podstawy mediacji między ofiarą a sprawcą przestępstwa
The Theoretical Foundations of Mediation Between the Victim and Offender
Autorzy:
Czarnecka-Dzialuk, Beata
Powiązania:
https://bibliotekanauki.pl/articles/698941.pdf
Data publikacji:
2000
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
mediacja
ofiara
konflikt
przestępca
victim
offender
mediation
conflict
Opis:
Mediation as a method of conflict resolution also applicable to conflict resulting from an offences is the alternative of legal solution of disputes, a technique shared by various models that promote the use in practice of consensus. This novel plocedure fot conflict resolution (which is however derived from the traditions of the oldest societies) - a consensual one, based on agreement between parties - has been developing most dynamically over the recent decades, and pervaded all branches of the law in most legal systems (H. Jung, T. Marshall). In the specific context of criminal justice, mediation does not necessarily aim at conflict resolution. For this reason, it is defined as a process, where parties to proceedings are offered the possibility to actively participate in resolving issues that result from the offence, and are assisted in so doing by an impartial third person or mediator. Mediation may take a variety of forms (direct or indirect); it may be conducted by professional or lay mediators, under auspices of the law enforcement agencies or by an independent social organization, and the parties to it may include not only the victim and the offender but also their relatives and other supporters as well as representatives of the criminal justice system. As has already been mentioned, the origins of mediation between the offender and his victim date back to the oldest past when all issues related to harm involved in acts that are today treated as offences were adjusted in the course of negotiations by those directly concerned assisted by their families and clans. The offences was seen as a conflict between the victim and the perpetrator, with due consideration to the social context. Once the function of reacting to crime was taken over by the state, the reactions initially resembled the modern rules of civil law. Later on, when crime was interpreted as violation of the order established by the ruler, penal sanctions aimed not only at compensating the victim but also at supporting the authority of the state. Although Nils Christie's picture of the state stealing the conflict is a convincing illustration of this situation, the fact should be borne in mind that the state's taking over of the function of punishing was an immense cultural achievement of its time, especially for those members of the conmunity who were too weak to vindicate their claims (B.-D. Meier). Solutions that provide for specific forms of consensus can also be found in modern legal systems. In the area of mediation between the victim and offender, the practice outpaced theory. It was inspired, among other things, by examples of "community justice'' of non-Western cultures; by the movement on behalf of victims, the progress of victimology, the diversion conception, and abolitionism; by the theory of social peace and conflict resolution and by the conception of reparatory justice. This latter conception deals with most problems posed by the other ones. It is, however, difficult to define, and its essence is difficult to explain, especially if we try to embrace threads important for all the trends on which it bases. Thus in the end, a simpler definition suggested by T. Marshall won general acceptance: "reparatory justice is an approach to crime, oriented on solving the problem, which engages perionally all parties involved in it as well as the community, in active relation to the public sector institutions. It is not a specific activity but a set of ruled that may set the direction of the bulk of actions of all institutions or groups related to crime. Reparatory justice is a process in which all parties involved in a specific offence meet to reach a joint solution of the issue of effects of crime and conclusions for the future". This definition was subsequently modified somewhat by other authors. In particular, it was accepted by an international body - the International Research Network on Reparatory Juvenile Justice in its Leuven Declaration of May 1997 concerning advisability of promoting the reparatory approach to juvenile delinquency. Reparatory justice is discussed as a specific trend, approach, philosophy or even idea; according to most authors, however, it has not yet developed into a consistent theory, although incessant efforts are made towards this aim. The term "reparatory justice'' is attributed to R. Barnett; H. Zehr's contribution is the first general model of that justice as an "alternative paradigm of justice" whose main principles are opposed to those of the traditional retributive justice. Also J. Braithwaite's idea of "reintegrating confusion'' was of importance for the development of the reparatory justice conception. It is associated e.g. with Hirschi's theory of control, Matza's neutralization theory, Luhmann's systemic theory, and also with the traditional penal law theories under which evil has to be compensated by punishment, but compensation involving suffering prohibits a better arrangement of social relartions. Instead, reparatory justice balances the harm involved in crime through action aimed at compensation and “doing good” (Ch. Pelikan, B.D. Meier). M. Wright stresses that this conception largely tallies with the common-sense ideas as to how society should react to crime, supported by appropriate actions, analysis, and studies. Mediation and other restorative reactions are sometimes shown as responses that function instead, parallel or within the traditional justice system. Much speaks, however, for integration of reparatory justice with the criminal justice system. The approach that isolates mediation altogether from criminal justice pays insufficient attention to the danger of inequality of the parties to mediation in the area of efficient execution of their conflicting interests. Thus public interest requires that the course and results of mediation proceedings be supervised. The manner in which reparatory justice may replace repressive one depends first and foremost on the seriousness of crime. It is not in all cases that a purely reparatory reaction should be recommended as sufficient. This is among the frequent arguments of critics of reparatory justice (although even its supporters accept the existence of limits to its application). Skeptics also stress that reparatory justice violates a number of generally accepted rules of procedure, especially that of equality before the law (which, however, could be disputed) and the offender’s procedural rights due to him in criminal proceedings (which is in fact a weakness of reparatory justice, but collisions might be solved by appropriate rules and standards of the reparatory process or e.g. by judicial review of negotiated solutions). The conception of reparatory justice is often explicated through opposition of the basic models of reaction to crime (although faulty in some respects, this method well illustrates the most fundamental features). Reparatory justice is sometimes called the "third path'', an alternative to the (neo-) retributive penal law and the rehabilitation model which proves ineffective, and a fully mature self-standing model (L. Walgrave, I. Aertsen). M. Wright stressed two spccial ideas that distinguish reparatory justice from the traditional criminal justice system. The first of them is that the process itself constitutes an essential element of the reaction, that it is constructive and may even have a therapeutic importance. The other idea is compensation interpreted in a much broader sense - from symbolic actions such as work to those reducing the risk of the offender relapsing into crime. The justification and legitimization of mediation in criminal cases bases not only on new theorietical conceptions. Such justification can also be found in the assumptions of the traditional justice system. This is what B.D. Meier did assuming as his point of departure the penal law system's public function, including in particular that of restoring public order that has been violated through crime, and also that of preventing repeated violations. The traditional systems have always provided for two or three different models of reaction to crime. Prevalent is punishment imposed on the person who has been found guilty. The second model involves imposition of special measures irrespective of the offender's liability (security and preventive measures). The third model, of crucial importance for legitimization of mediation in the criminal justice system, consists in renouncing formal proceedings, e.g. in view of slight social harmfulness of the act, the fact that no public interest is involved in the imposition of penalty, or reasons of general and special prevention. According to T. Marshall, justifications of reparatory justice (fulfilled i.a. through mediation) should be sought in the community nature of the offence and its effects. Explaining the theoretical foundations of mediation between the victim and the offender is a complex task because of the multitude of its sources as well as theories and conceptions quoted, and particularly because of the lack of agreement as to the essence of the usually quoted conception of reparatory justice and as to its treatment as "competitive'' with fespect to traditional justice or (for which interpretation I would like to declare) as that system's highly profitable logical supplementation, improvement and expansion. Also in Poland, the practice of actions involving mediation have outpaced the theory: for several years now, there has been quite a rapid growth in its application in practice. In both spheres, there are many problems and challenges worth taking up. At the same time, expanding the theory is of importance for the practice. Explanation of the ideas, aims and foundations of mediation and of its position with respect to traditional justice is paramount for the institution's reasonable development, evaluation and shaping towards its meeting the expectations.
Źródło:
Archiwum Kryminologii; 2000, XXV; 9-28
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Sytuacyjne zapobieganie przestępczości
Situational Crime Prevention
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699050.pdf
Data publikacji:
1994
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
zapobieganie przestępczości
przestępczość
kryminologia
przestępca
crime prevention
delinquency
criminology
offender
Opis:
Disappointment in crime prevention based on the etiological approach led to a closer analysis of the circumstances of the offence, its physical conditions, and the resulting motivations of the offender. Whatever his inborn or socially acquired criminal predispositions, object and opportunity are necessary for an offence to take place. Advocates of the situational approach in criminology argue that a potential offender generally does not act on an impulse: instead, he more or less consciously analyses the situation and decides to commit the offence at a given time and place and against a given target. This is the basic assumption of situational crime prevention.             Situational crime prevention resolves itself into reduction or liquidation of the physical opportunity to commit an offence, and extension of the probability of apprehension of the offender. This can be done in three different ways.             First, the guard over the target can be extended or intensified, or the potential offender can be made to believe that, while dwelling in a given place, he is under incessant surveillance by the police or other competent persons, or by the inhabitants or users of a given object or area.             Second, the target can be made less open to crime: special circumstances make it less easily accessible (or completely inaccessible), and theft can no longer yield the expected profit to the offender. This procedure is called target hardening.             Third, various organizational steps can be taken that change the environment of crime: new ciercumstances arise and situation in which an offence might take place is changed.             The above three methods of situational crime prevention have different efficiency. Their actual efficiency depends on a variety of factors related to the methodology of the crime prevention program and to cultural conditions. As regards programs basied on increased surveillance, the most efficient are those which involve the local population who are allowed both passively to watch over their area of residence, and actively to participate in its protection.             What is considered a particulary effective method of situational crime prevention is target hardening where access to the target is made difficult through a variety of physical obstacles. Not as obvious is the efficiency of another target hardening measure where valuable objects are marked so as to make it difficult for the offender to gain by his theft and to increase the probability of his apprehension. Such measures, called operation identification, prove highly efficient in some countries but are next to ineffective in others. Thee ffects here depend largely on the efficiency of the police. Whith a low detection rate of thefts, the marking of objects cannot possibly yield the expected results.             It has been  found in studies of offenders’ processes of deciding that their decision to commit an offencis based on the factors that condition, first, the physical opportunity (access to the object) nad second, the offender’s safety. The idea of situational crime prevention has many followers who stress the relative easiness of the application of the suggested methods and their efficiency. The opponents argue that,while it many perhaps contribute to preventing definite offences at a definite time and place, situational crime prevention does not actually prevent crime. What it leads to is displacement of crime. The offence is committed anyway but perhaps in another time or place, by other means, or against another target. Despite all the reservations concerning displacement of crime, it msot be stated that situational crime prevention often proves effective; what is more, it requires neither prolonged programs nor entangled methods of manipulating society. Admittedly the offender is not reformed; yet a definite offence is not committed in a definite place, and the target remains safe. This makes situational prevention as important an element of crime prevention programs as the generally recognized social methods.
Źródło:
Archiwum Kryminologii; 1994, XX; 7-20
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Odstraszające oddziaływanie kary na sprawcę przestępstwa w świetle badań empirycznych
Deterrent Effect of Punishment on the Offender (a Review of Empirical Research)
Autorzy:
Szamota-Saeki, Barbara
Powiązania:
https://bibliotekanauki.pl/articles/699090.pdf
Data publikacji:
1995
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kara
sprawca przestępstwa
badania empiryczne
punishment
criminal offender
empirical research
Opis:
The number of studies on specific deterrence is not large. Some data on this subject can be found in other studies aimed e.g. at evalution of effectiveness of diffrent penal measures, or analysis of criminal careers. One of the reasons of this lack of interest in specific deterrence is a belief,  rather common today and particularly marked in the 1960s, that punishment not only fails to deter the convicted person from futher offenses but – quite the contrary - increases the probability of his futher criminal carrer.  Another reason is probably the great difficulty in distinguishing for research purposes of the impact of specific deterrence from the other effects of punishment. Unfortunately, a statement made by J. Gibbs over twenty years ago still remains valid: there is no theory of specific deterrence, and the hypotheses concerning specific deterrence are vague and difficult to verify empirically. During the last twenty  years, there was a progress in the methodology of research into specific deterrence. New success criteria were introduced into the assessment of deterrent effect of punishment, and the method of random field experiment was used. Researchers started to compare the effect of punishment with the effects of escaning punishment, instead of limiting themselves to comparisons of relative effectiveness of some penalties as opposed to some other ones. The progress was less marked in the formation of the theory of specific  deterrence. It consists in attempts, on the one hand, at a new conceptualization of the problem of deterrence, and on the other hand, at integrating the deterrence hypothesis with other theoretical approaches. The paper consists of seven parts. The Introduction (I) contains analysis of the notion of specific deterrence, the criteria to distinguish between specific and general deterrence, tvpes of deterrence. Also discussed have the recent attempts at a new conceptualization of tne problem of deterrence through inclusion into that notion of not only the “direct costs of legal sanctions” but also “indirect costs”, or through the use of another criterion to distinguish between specific and general deterrence. Chapter II contains a brief discussion of early studies on specific deterrence; the findings have been discussed and numerous methodological flaws pointed out. The conclusion from those studies (that severe penalties involve a higher recidivism rate than lenient penalties) was generally seen as a prove that punishment has no specific deterrent effect on the futher behaviour of convicted persons. This conclusion was unjustified, though. And that for several reasons. The discussed studies often failed to distinguish between the mechanism of deterrence and the other effects of punishment. They also failed to solve the problem of selection bias in sentencing where specific types of penalties are imposed on specific categories of offenders; the difference between such groups of convicted persons is that even before the imposition of penalty, the probability of their relapse into crime was different. The studies examined but a marginal effectiveness of some  penalties as compared to some other ones. What they overlooked, instead, was that the growth in recidivism rate cannot be estimated which would have taken place were no criminal penalties at all imposed on offenders. Chapter III discusses the findings of studies which tested two opposing hypotheses; i.e. that punishment either deters offenders (deterrence hypothesis) or amplifies offendling (amplification hypothesis). Both the conception of deterrence and that of labeling involve too one-sided and simplified an approach to the impact of punishment on the further conduct of offenders as they ignore the possibility of effects  other than the anticipated ones. This was reflected in these studies in which the researches posed instead of posing questions in the categories of “whether” (does punishment deter? does pinishment amplify affending?), instead of trying to define the conditions of emergence of each of those two effects. Analyzed in few studies only were mediating psycho-social processes between punisment and the punished pefsons’ further conduct. The findings of different studies are often inconsistent. Some seem to confirm the amplification hypothesis although researchers sometimes stress that this effect is not stable Other findings point  to the effect of deterrence. Still other studies showed that: punishment seems do not influence a pefson’s further criminal career. Finally, some of the latest findings also indicate the possibility of amplifijing offending under some conditions and of deterring effect on offending - under some other circumstances. Chapter IV discusses the implications of the criminal careers approach for methodology of studies on specific deterrence. What is particularly worthy of attention here is: 1) departure from the use of a sole success criterion in the evaluation of deterrent effect of punishment, and an attempt at grasping the impact of punishment on different dimensions of criminality such as the length of criminal career or fraquency of offenses; 2) investigation of the impact of punishment at different stages of a person’s criminal career. The success criterion  where success means a person’s abstention from further offenses is replaced with the before and after comparison criterion where the intensity of a person’s criminal career before and after punishment is compared; this replacement is of a great importance in studies of effectiveness of penal  measures imposed on chronic offnders. As suggested by the findings, certain penalties may in cessation of delinquency at the initial stage of the criminal career (on the occasion of the first and possibly also the second contact with the police). At further stages of that career, a decrease in the intensity of delinquency of the persons convicted is possible. Chapter V discusses attempts at including the hypothesis of  specific deterrence into the economic model of delinquent behawior, and studies carried out by economists. According to some economists, specific deterrence can be included into the theory of rational choice provided it is treated as a special case of general deterrence. In tlis approach, the experience of a sanction becomes a factor influencing the anticipated sanctions. Chapter VI is devoted to discussion of the results of a series of rondom field experiments conducted in selected cities of the United States. The purpose was to evaluate the effectiveness of arrest as compared to other reactions to violence against a spouse (nearly all victims in the study were women). The obtained results were not uniform: in some experiments, deterrent effect of arrest was found out, while the rest showed an amplifying effect of arrest on the arrested person’s  further violence against his spouse. The authors explain this divergence of results with a different impact of arrest on different types of persons. Thus the results suggest that arrest has  a deterrent effect on permanently employed suspects; instead, suspects without a regular job tended to use violence more often after the  arrest incident. The last Chapter (VII) recapitulates the findings. They show that it was a premature decision to reject the hyphothesis of specific deterrence. Punishment has a different impact on different persons: in some situations it results in amplication of offending; in some other ones, it deters a person from further offenses; and  in still other situations it seems not to have any effect at all on furter offending. The findings point to a great importance in this respect of the first contacts with the law enforcement agencies. Moreover, the differentiated effect of punishment seems to depend on the offender’s age, sex, and attitude towards risk, and also on his permanent employment. It should be stressed that many studies use a broader definition of punishment, not limited to the penalties  imposed by court. Some researchers treat even a person’s contact with the police as punishment; others believe that this function is performed by arrest. These different working definitions of punishment make it difficult to interpret the findings that relate to absolute deterrence, that is assessment of the effects of imposing punishment as compared to those of escaping punishment. Nearly all studies dealt with recidivism and, first and foremost, the effectiveness of punishment in reducing a person’s further delinquency. To a slight extent only did they try to define the meaning of punishment for those punished, their subjective estimations of probability and severity of punishment. For this reason, interpretation of the findings in the categories of stating whether punishment has a deterrent effect is not always justified.
Źródło:
Archiwum Kryminologii; 1995, XXI; 7-39
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Sprawca przestępstwa (zarys problematyki)
The Offender: An Outline of the Problems
Autorzy:
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/698498.pdf
Data publikacji:
1991
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sprawca przestępstwa
przestępstwo
badania kryminologiczne
psychologia
offender
offense
criminological research
psychology
Opis:
The paper shows various approaches to the perpetrator of crime, and practical consequences of the specific point of view adopted. The object is not to point to ready solutions or to declare for or against the discussed views, but to give an outline of the variety of problems that concern the person of offender, and to mention the related questions and issues. Discussed have been the general theoretical problems related to the person of offender; psychological problems; those arising from the fact that the offender has been made subject of criminological research; and the problems of the image of offender functioning in public opinion. Whether we formulate criminological theories or adopt definite practical solutions, questions cannot be avoided about the offender as a human being, about his rights, the extent of his freedom and responsibility, his relationship with society, and the limits of a just and permissible intervention in those rights and liberties. The problems mentioned in this relation point to the need for the problems of offender to be considered in a broad philosophical perspective based on a moral reflection. The discussion of psychological problems is focused on two issues. The first of them are the psychological conceptions of man which provide explanations of the offender’s criminal behaviour and lead to conclusions as to the treatment of offenders. Those problems have been exemplified by behaviourist and psychoanalytical  ideas and the conception of  humanistic psychology. Another important psychological problem is whether the offender’s behaviour that violates the legal norms results from his personality traits or has been conditioned by the situation in which he found himself. Studies point to complexity of this problem and  to the fact that both personality and situation influence criminal behaviour. At the same time, some individuals are particularly resistant and others particularly susceptible to situations conducive to that behaviour. There are also situations in which an offence is particularly easily committed. Among them, there are the rapid changes found during great historic events and social transformations, as well as the situations, most and sotimes even extremely difficult, created by socio-political systems. In some offences, situation is a most important factor; in others the offender’s personality plays a greater part. This complexity of the problem should be taken into account when deciding about a given offender in the practical operation of criminal justice. The image of offender obtained in criminological studies of convicted persons is connected with a variety of problems. Some of tchem arise from the very definition of offender. It is a most general notion, related to the legislation in  force in a given country at a given moment, and designating perpetrators of a great variety of acts which may result from different situations and psychological mechanisms. A question arises whether a single act, possibly jus an episode, may really constitute a good criterion to distinguish a given individual from others who have not committed such an act: whether that act is an isolated event only or results from the given person’s way of living. What also matters for the picture of a convicted offender obtained in studies is the process of selection to which he had been subjected before the offence was revealed, criminal proceedings instituted, and the offender convicted. A factor essential for that selection, for decisions concerning the offender, and for his readaptation to life in society after release is the stereotype of offender which functions in public opinion. As shown by studies, that stereotype is shaped by fear and the thirst for revenge on a person who is perceived as a threat but at the same time treated as a distant stranger. A condemnation of certain acts makes the Public realize the noxiousness of those acts and shapes moral attitudes. But the condemnation of acts does not have to lead to a similar disapproval of their perpetrators. It is most necessary to conduct criminological research and to provide society with straightforward information about the findings.
Źródło:
Archiwum Kryminologii; 1991, XVII; 41-74
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Rejestr sprawców przestępstw seksualnych. Uwagi na tle ustawy z dnia 13 maja 2016 r. o przeciwdziałaniu zagrożeniom przestępczością na tle seksualnym
Autorzy:
Mierzwińska-Lorencka, Joanna
Powiązania:
https://bibliotekanauki.pl/articles/1788171.pdf
Data publikacji:
2016-09-01
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
Rejestr sprawców przestępstw seksualnych
przestępczość na tle seksualnym
sprawca
Polish legal system the Registry of Sex Offenders
sexual offence
offender
Opis:
The article discusses on the Act on counteracting threats of sexual offences. It introduces to the Polish legal system the Registry of Sex Offenders in a version with a limited access and a version available to the public. Criticising the adopted solutions, the author point out the lack of integration with other interventions conducted in Poland against sex offenders, noncompliance with the recommendations of the most important expert circles in the field. The summary emphasises that access to information contained in the registry of limited access will increase the safety of children, especially in those areas where the authorities of the state or local government shall perform activities related to the wider education, treatment or care of minors. However, it should be connected with the organization of a wide range of preventive measures. From the other side the public registry will contribute to increasing public concerns and will be associated with the negative consequences for the perpetrators, and often their families, and the victims themselves. There is certainly an effective instrument that can be used countering threats of crime against sexual abuse.
Źródło:
Studia Prawnicze; 2016, 4 (208); 147-162
0039-3312
2719-4302
Pojawia się w:
Studia Prawnicze
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Obraz przestępcy w prozie Sergiusza Piaseckiego
The Image of the Criminal in the Prose of Sergiusz Piasecki
Autorzy:
Szuba-Boroń, Anna
Powiązania:
https://bibliotekanauki.pl/articles/698756.pdf
Data publikacji:
2018
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
Sergiusz Piasecki
przestępca w literaturze
przestępstwo w literaturze
wartość poznawcza prozy autobiograficznej
criminology
offender in literature
crime in literature
cognitive values of autobiographical prose
Opis:
Twenty years of personal experience in crime-related field that furthermore inspiredreflection on the reasons of crime made a Polish writer, Sergiusz Piasecki, interestingfor forensic sciences. His life started with a turbulent and difficult childhood, hematured among the turmoil of the Soviet Revolution and joined the guerrillas fightingBolsheviks, finally to graduate from the School of Infantry Cadets in Warsaw and beassigned to the Lithuanian-Belarusian Division in Vilnius. After the Bolshevik War,being a decommissioned soldier, Piasecki painfully experienced life in poverty. Thiswas when he began to earn his sustenance by smuggling. He later entered a few-yearlongcooperation with the 2nd Division of the High Command of the Polish Army andbecame an intelligence agent. In 1926, being unemployed again, he robbed a suburbantrain. In accordance with the law in force, the summary court sentenced him to death.However, the President of the Republic Ignacy Mościcki pardoned Pia secki, exchangingthe penalty to 15 years in prison. Piasecki served 11 years of his sentence in the prisonsof Lida, Nowogódek, Rawicz, Mokotów, Koronowo, and finally in the toughest prisonof the Second Republic – at Święty Krzyż (the Holy Cross) near Kielce. The 20 yearsfrom 1917 to 1937 were the period decisive for the writing realism and thoroughnessof descriptions of the criminal world and presented protagonists, as well as analysesof psychological and social circumstances that lead individuals to the path of crime.Beginning with Piasecki’s first published book Kochanek Wielkiej Niedźwiedzicy (Lover of the Greater Bear, aka Lover of the Ursa Major) whose author enjoyed a quite uniquestatus of criminal prisoner, and which presented the facts of life of smugglers onthe Polish-Soviet fringe in 1922–1924, the precious study of the criminal world wascontinued in the trilogy Jabłuszko, Spojrzę ja w okno, and Nikt nie da nam zbawienia(Apple, Shall I Look into the Window, and No One is to Redeem us). In Żywot człowiekarozbrojonego (Life of the Human Disarmed), the protagonist moves through all the levelsof conflict with the law, and the reader follows the process of his reflections to becomefamiliar with the impact of the external world on the dramatic choices made.The work of Piasecki follows the current of prose keen on social environmentof the 1930s, based on authenticity and autobiographic experience, and whose cog -nitive values result among others from the personal involvement of the author, whocorroborates knowledge based on experience and direct contact. It is a specific typeof participatory observation: a method of researching criminal phenomena wherethe observer is part of the criminal world.The goal of the writer, which he actually frequently emphasised, was the eagernessto share the knowledge on criminals with the society, with the provision thatthe criminal world he portrayed was multidimensional rather than just a separate,specific social group, standing out from among the “normal” people. He also paidspecial attention to the life’s circumstances that can “make” anyone a criminal. It is alsocharacteristic of Piasecki to juxtapose criminals against people who are “mechanically”honest. In examining the writer’s views on crime, such a ploy demolishes the positivistdivision of the society into criminals and decent people. Honest by default, manya decent citizen proves to be a bad man. On the other hand, many derailed outcastsfrom the society are in fact good and truly honest. Some stories presented by Piaseckiare quite precise illustrations of theories in the crime sciences. In his descriptionsof the demimonde of the Minsk thieves, Piasecki described them in terms very closeto those presented by Edward Sutherland in The Professional Thief, a book writtenby a professional thief with Sutherland’s sociological commentary.The history of literature knows many writers whose works were based on the introspectionof their respective authors, and whose content allows delving into the socialreality of a given time and an insightful analysis of criminal personalities, as well as anattempt at defining the factors that influence criminal behaviours. Such a knowledgeof the human/the criminal is especially well articulated in realistic prose (Balzac,Zola, Faulkner, Steinbeck, Marquez, Remarque, Piasecki, Nachalnik, Wiskowski, Mironowicz).Certainly, the belles-lettres play a special role in this context, providinga source of knowledge, especially if by the virtue of the vicissitudes of his or her life andthoughts the author can convey information helpful in explaining and understanding the assessment of the phenomena investigated by criminal sciences.
Źródło:
Archiwum Kryminologii; 2018, XL; 535-560
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Victim-offender Mediation in Poland – The Lay Perspective
Autorzy:
Matczak, Anna
Powiązania:
https://bibliotekanauki.pl/articles/962408.pdf
Data publikacji:
2018
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sprawiedliwość naprawcza
mediacja
ofiara
sprawca
opinia świecka
system wymiaru sprawiedliwości w sprawach karnych
przeprosiny
restorative justice
victim-offender mediation
lay opinion
criminal justice system
apology
Opis:
Restorative justice is a complex and multi-faceted concept, the introduction of whichdoes not happen in a socio-political and economic vacuum. Every society engageswith restorative justice in its own distinctive way as it is the society – lay people – thatis always on the receiving end of restorative solutions. In this article, I draw on mydoctoral research that explores qualitatively how a small number of Polish peopleunderstand punishment and justice, and how their narratives inform the viabilityof restorative approaches to justice in Poland. In other words, I propose to considera macro-sociological perspective, and how lay people’s understanding of punishmentand justice should be seen as an avenue by which to explore certain preconditions forthe viability of restorative justice.Poland’s socialist past, change of the political regime, post-communist “accession”to the international community in the West and a high level of religiosity (among manyother factors) make Poland a fascinating object of study that can, at the same time,offer insights about restorative justice in other societies. Restorative justice, introducedin the form of victim-offender mediation, was part of the post-1989 political ambitionsto change the Polish penal landscape and join the international community in the West.There were a number of forces behind the establishment of restorative justice in Poland.Given that the concept was introduced at a time when the Polish society was dealingwith the socialist legacy and creating a new democratic reality, it was also hoped thatmediation could serve as a fast-track remedy and act as an ancillary mechanism toreduce the sudden spike in court workloads after the fall of communism. In the caseof Poland, it seems that the exceptionally limited interest in mediation and the paucityof anticipated outcomes of victim-offender mediation is the problem. In order toexplore the viability of restorative justice in the Polish context, one must thereforelook beyond the legal basis and formal logistics which have been already in place formany years.My research opens up new debates on the viability of restorative justice, and thisarticle in particular fleshes out the nature of the participants’ perceptions of victimoffendermediation. In this article, I first briefly introduce the Polish model of victimoffendermediation. I then discuss the nature of the initial responses to mediationbased on the participants’ knowledge of, support for, and any experience of, victimoffendermediation. This is followed by the discussion on how the participants’ viewson mediation were articulated in the shadow of the Polish criminal justice system.Next, I explore why the participants viewed mediation as a business-like encounterand, finally, I explore the participants’ perceptions of apology – something that cameup as one of the most interesting findings of the study.The aim of this paper is to argue that the viability of restorative justice should beapproached as a process that is influenced by broader socio-economic, political andeven linguistic factors. Although the Polish model of victim-offender mediation wasinspired by the restorative justice concept, the narratives of my lay participants suggesta number of socio-cultural obstacles to the further development of restorative justicein Poland. Despite a limited knowledge of victim-offender mediation among the studyparticipants, it is clear that support for mediation is negotiated and conditional.Although victim-offender mediation was mainly perceived not as a punishment, therole and purpose of this practice was discussed against the background of the Polishcriminal justice system. Although the relationship might be defined as “uneasy” (seeShapland et al. 2006), restorative justice, since its conception, has been interwoven withthe two. One of restorative justice’s central hopes was to establish an alternative systemof crime resolution that would eliminate the infliction of pain. However, the trajectoryof restorative justice solutions in many countries demonstrates that the functioningof a majority of them is dependent on criminal justice agencies. Given the close andinseparable relationship between the two, I argue in my research that the ways in whichlay people perceive the criminal justice institutions affect their perceptions of alternativeconflict resolutions. Then, as it emerged in my fieldwork, the study participants’ perceptionof harm suggests that mediation might be seen as an avenue to focus onthe financial side of the reparation, and as result might achieve something other thanrestorative goals. The narratives of my study participants also explore the difficultyof acknowledging apology as a genuine element of the restorative encounter. Thiscould be due to looking at apology through the lens of court apology, sociolinguistic or cultural reasons. John Braithwaite in his book Restorative Justice and ResponsiveRegulation (2002) rightly indicated that “we are still learning how to do restorativejustice well” (p. 565). Nevertheless, the question whether a perfect restorative justiceprogramme is ever possible remains open.
Źródło:
Archiwum Kryminologii; 2018, XL; 495-522
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Młodociani sprawcy przestępstw przeciwko mieniu
Young Adult Perpetrators of Offences Against Property
Autorzy:
Paszkowska, Hanna
Powiązania:
https://bibliotekanauki.pl/articles/699058.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępstwo
młodociani
przestępca młodociany
przestępczość
nieletniość
recydywiści
środowisko rodzinne
spożywanie alkoholu
przestępstwo przeciwko mieniu
offense
juvenile
juvenile offender
criminality
nonage
recidivists
family environment
alcohol consumption
crime against property
Opis:
The new Polish penal legislation of 1969 introduced special rules of criminal liability of young adult offenders' aged 17-20. In 1972 criminological research was undertaken in order to characterize this group of offenders, i.e., its most numerous category - those found guilty of offences against property. The research ended in 1975. In 1980 a follow-up of convictions of the persons, under observation was carried out. The object of the study of young adults found guilty of offences against property was to analyse the psycho-social factors connected with their social maladjustment and demoralization, particularly their family and school environment, personality, extent of drinking and offending. It was also the object of the study to compare two groups of young adult towards whom different measures had been adjudicated. As the most typical offences of young adults are those against property, a group of young adults convicted for this very type of offences was included in the study. There were 100 persons under examination who had been sentenced to immediate imprisonment. This group consisted of all prisoners of two Warsaw prisons in the years 1973-75 (group A). The group of young adults (group B) consisted of 100 persons conviced in 1973 for offences against property and sentenced to fine, limitation of freedom, imprisonment with suspension of execution, or educational-corrective measures. The two groups of convicted persons that were selected for the study, different as regards the adjudicated and executed measures, were compared in many respects in order to ascertain the distinctions between them as regards the degree of intensity of the process of social maladjustment which had been related to the application of various penal measures. Empirical research consisted in gathering detailed information on the persons under scrutiny concerning their previous convictions, their school career and the course of work. Also interviews were carried out with them and separately with their mothers, by means of a detailed questionnaire. Three psychological tests were also employed towards each person, that is Raven’s intelligence test, Eysenck’s questionnaire to measure extroversion and neurotism and Buss-Durkee inventory to measure aggression. 3.1. Offences against property constituted the criterion for selection to the study. The most numerous group were convictions for larceny qualified as “stealing in a particularly audacious manner or by a breaking and entering” (Art. 208 of the Penal Code), though the “audacious theft” was extremely rare as compared with the second choice. 64% of the persons of group A had been  convicted for offences described in this article, the percentage as regards group B being 35%. Many persons also committed thefts of social property, while the receiving of stolen goods was the least frequent. Generally, the persons of group A had been active for a longer time than those of group B, and their offences were more frequently qualified as continuous. It should also be emphasized that the mean value of the objects stolen by the persons of group B was considerably lower than it was the case with the young adults of group A. It also happened (16% of cases) that the act of the young adults of group B ended as a mere attempt at committing an offence. To sum up, the offences against property committed by the persons, sentenced to immediate imprisonment were more serious than those committed by the young adults towards whom other measures had been adjudicated. 3.2. 69% of the persons of group A had cases in juvenile courts, while as many as 84% admitted having committed offences, mostly thefts, at that age. On the other hand, 44% of the persons of group B had committed offences for which they were brought to court as juveniles. The difference between both groups is significant (p < 0.00l). The origins of delinquency dating back from before the age of 13 were found in as many as 23 persons of group A and 10 persons of group B. The earlier they started to commit offences and had their first case in juvenile court, the more numerous were their subsequent convictions in that period. The mean number of convictions in juvenile court was 2,2 in group A and 1,6 in group B. The structure of delinquency of the persons under examination is hardly differentiated: they committed first of all offences against property (85.7%), mostly larceny. The juvenile court, had employed such measures as admonition and charge of parents in the case of persons of group B considerably more frequently than towards those of group A (25% and 8.7% respectively). On the other hand, the persons of group A had been much more frequently sent to children’s homes and to corrective schools (44.9%) than those of group B (25%). 3.3. In the period discussed below all the persons were young adults, with the mean age similar in both groups: 19 in group A and 18.9 in group B. The mean number of convictions of the persons of groups A from the age of 17 was 1.7, and in group B 1.2. Each member of group A was responsible for 3.3. offences, while in group B the mean number of offences was 2.2. It should not be forgotten that many persons, particularly those of group A, were  repeatedly imprisoned in the discussed period. A considerable majority of the persons of both groups who had committed more than one offence, were convicted for offences against property only. The data quoted above illustrate the whole of delinquency of the persons under examination and recidivism among them. Taking into account both the period of minority and the later period from 17 years of age on, there were as many as 4 per every five persons of group A who had already been convicted before, and in group B nearly every second person had had a conviction previously (the difference is significant, p < 0.01). These data confirm the conclusion as to the more advanced process of demoralization of the young adults of group A as compared with group B. 49% of the persons guilty of offences against property of group A came from unbroken homes; the respective percentage in group B was 71% (difference significant, p < 0.001). Broken homes resulted mostly from the death of one parent (23% of cases in group A and 15% in group B), or from divorce (28% of cases in group A, 14% in group B). A majority of the persons came from workmen’s families (90.5% in group A, 70.7% in group B). The level of professional qualifications and education of parents of the persons examined is significantly lower (p < 0.01) in group A as compared with group B. Approximately 60% of families of the persons of group A and 67% of group B had been living in poor financial conditions, which was connected, among others, with excessive drinking of the fathers. 56.3% of fathers of the persons of group A had regularly been drinking excessively, that is drinking vodka at least twice a week. This percentage was only 26.3% in group B, it was lowered, however, as the examination of young adults of young adults of group B was carried on at home, often with the fathers themselves present. 37% of fathers in group A and 19% of those in group B had been taken to a detoxication centre, including 21% and 14% respectively taken at least three times. As in other criminological studies, in the present one young adults have not been found to live in criminal family environment. It was extremely rare that the fathers of the persons examined had criminal records. To sum up, certain negative phenomena were more frequent in the families of young adults of group A (for instance, broken home, excessive drinking of fathers). However, the cumulation of a number of negative factors could have influenced in a particulary unfarourable way the process of socialization of the persons under examination. 5.1. There were 37% of the persons of group A and 23% of those (p< 0.001) of group B with elementary education, and 18% and 5% respectively with incomplete elementary education. The difference is significant (p < 0.001). School retardation which appears more often among delinquents than among non-delinquents is connected with a lower level of education of young adults. Among the young adults of group A as few as 17% revealed no  retardation, the percentage as regards group B being 46.5%. The difference is significant (p < 0.001). The retardation of the persons of group B usually amounts to one year only, while it is often 3 years or more among the persons of group A. School problems are also connected with truancy (group A - 78%, group B – 66% of the examined persons), which begins in the very first grades of elementary school. Early and regular truancy of the persons of group A was one of the symptoms of their maladjustment. Truancy is conducive to running away from home. The persons under scrutiny, particularly those of group A, had  been running away from home considerably often and for longer periods. 2. Among those who were employed, every second person in group A and every fifth person in group B worked casually only. They usually took jobs requiring low professional qualifications, as only few of them had any professional training (group A-38%, group B-62%). 6.1. Raven’s test was employed to estimate the level of intelligence of the persons examined. 53.6% of young adults of group A and 31.7% of group B scored low and very low (up to 25 centile). 10.3% of group A and 29.3% of  group B scored high and very high (centile 75 and more). The mean score was 35.4 in group A standard deviation: 9.87, and 41.1 in group B (standard deviation 10.09). The difference between both groups is significant (p < 0.01). Low scares on the Raven’s scale were often found among those persons whose level of education had been low, which was accompanied by a considerable school retardation. 2. To measure the level of extroversion and neurotism, Eysenck’s MPI scale was employed. The level of extroversion and neurotism among the young adult perpetrators of offences against property was not found to be higher than that of the average youth. 6.3. The level of aggressiveness was examined by means of the Buss-Durkee questionnaire. None of its scales differentiated significantly the persons of both groups. The mean total score was 61.7 (standard deviation 21.4) in group A and 61.06 (standard deviation 23.6) in group B. The data given below concern the persons of group A only, as the information obtained from those of group B as to the volume and frequency of drinking among them do not seem reliable. The analysis of statements of the subjects reveals that the percentage of teetotallers diminishes with age. The persons examined have been drinking large amounts of alcohol from their earliest years. 36% of them stated that they had drunk such quantities of various spirits at the age of 15, which converted  to 40 proof vodka would amount to 2.5 litres a month. From the age of 17 on, 60% of the persons drank over 2.5 litres of 40 proof alcohol a month. They  drank vodka as well as wine and beer, which leads relatively quickly to the “treshold of intoxication”. Mean yearly consumption of alcohol per 1 examined person was 34.2 litres at the age of 15, and increased sed from year to year to reach 113.7 litres yearly at the age of 19, which means that approximately 9.5 litres of 40 proof vodka were consumed monthly; this quantity goes far beyond the mean level of drinking by men at this age. 3/4 of the subjects can be recognized as excessive drinkers. A significant correlation was found between the excessive drinking among the persons under scrutiny and their early delinquency and recidivism. The highest percentage (40%) of the persons who did not drink excessively was found among those convicter once only, while the lowest (14.8%) was found among those who had 5 or more convictions. The analysis of the young adults’ information as to their , peer groups revealed that also their closest friends had been drinking excessively and often intoxicated. In February 1980, further convictions of the persons examined, then aged 25 on the average, were checked up again. As revealed by the analysis, the persons of group A (60%) still continued to commit offences and indeed many of them become multiple recidivists. The difference between the persons of groups A and B is significant (p < 0.001). 40% of the persons of group A and 67% of those of group B have not been convicted within the period of the follow-up. The majority of the persons under observation continued to commit offences against property. The courts have mainly adjudged the penalty of immediate imprisonment (group A - 92.3%, group B - 78.2%). Among those sentenced to immediate imprisonment there were in group A 57.1% sentenced to 2 years or less of imprisonment, and in group B - 93%. There was significant correlation (p < 0.01)between the convictions in juvenile courts and further convictions in the period of the follow-up. As the data reveal, group B towards which the sanctions other than immediate imprisonment were adjudicated, differed from the imprisoned group A as to the smaller extent and intensity of their offending -  also during the follow-up - and their lower degree of progress in the process of social maladjustment. However, there were quite many persons in group B as well (though less than in group A), who had been convicted as juveniles; they had  yet no convictions during the follow-up in a much highter percentage of cases than the subjects of group. A who had been convicted by the juvenile court previously. On the basis of the above information, criminal policy can be discussed as regards young adults found guilty of offences against property. One should not postulate a total abandonment of the penalty of immediate imprisonment, and yet, as shown by the above data, its adjudgement should be considerably limited. The limitation in question should concern first of all young adults convicted for the first time and socially demoralized to a small degree. Within the years 1970 -76 imprisonment was the measure most frequently adjudicated towards young adults. In the years 1970 - 1974 the percentage of young adults sentenced to immediate imprisonment increased regularly. It is only since 1975 that a favourable phenomenon of regular decrease of the percentage of adjudicated penalties of immediate imprisonment can be noticed, with simultaneous increase of the percentage of measures which are not connected with deprivation of liberty. As it seems, the application of immediate imprisonment towards young adults should undergo further limitations. When postulating the re-orientation of the criminal policy of the courts towards a maximum realization of the instructions of Art. 51of the Penal Code, one should also demand changes in the stage of execution of penalty. As indicated , by many studies of readaptive effectiveness of corrective schools and prisons, their influence is minimal and sometimes their resocializing activities are destructive for the convicted persons. Imprisonment causes a state of deprivation of essential physical and mental needs, destroys the ties of those convicted with their family, gives rise to socially negative patterns of prisoners’ subculture. In the present study also the offenders of group A were described, the considerable part of whom had been changing various types of institutions and prisons, first as juveniles, then as young adults, and the effects of these imprisonments were negative as measured by further convictions within the period of the follow-up. The information presented in this study concerning the family background of the persons of group A (particularly the alcoholism or excessive drinking of the fathers, which is frequent in these families), and information concerning the early and large social maladjustment of these persons, indicate a need to consider the problem of young adult perpetrators of offences against property not only in relation to the measures that should be adjudged and their execution. It is also of almost importance to consider the prevention of social maladjustment of this category of youth.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 403-445
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
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