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Wyświetlanie 1-4 z 4
Tytuł:
Przyczyny przestępczości. Nowe aspekty międzynarodowej dyskusji o teoriach kryminologicznych
Causes of Crime – Recent Developments in the International Criminological Theory-Discusion
Autorzy:
Schneider, Hans J.
Powiązania:
https://bibliotekanauki.pl/articles/698664.pdf
Data publikacji:
1998
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
teorie kryminologiczne
choroba psychiczna
przestępstwo
crime
criminological theory
mental illness
offense
Opis:
This survey intends to critically inform the reader about new and further developments of criminological theories on causality and about how successful these theories have proved in empirical and practical terms during the last three decades. From the point of view of mainstream criminology the criminalbiological, criminalpsychological, criminalsociological, socialpsychological, victimological, critical-radical, feminist, postmodernist and integrated theories are being considered. Preceding this is a discussion of the theory of national choise, according to which criminality is based on a costprofit-analysis and which, empirically speaking, has not exactly held good. Among the criminalbiological approaches the theory of constitutional predisposition is being discussed which assumes an interaction between genes and environment to produce criminality. Since the studies on family, twins and adoption, while attempting to prove this interaction, show both theoretical and methodological shortcomings, this theory is being rejected. Under the headline of "criminalbiological theories" a discussion of mental illness and crime can be found. A psychiatrisation of crime is not held advisable: Only between 0.2 % and 2 % of all schizophrenic persons are arrested for violent crimes per year, which amounts 1.1 % to 2.3 % of the total arrests for violent crime. Among the criminalpsychological theories the following three approaches are being discussed: the psychopathological theory, the theory of criminal personality according to Hans Jürgen Eysenck and the biosocial theory of inherited criminal tendencies according to Sarnoff A. Mednick. It is proposed to give up the term "psychopathy'' altogether since it contradicts modern findings of dark field research that personality traits not socially desirable are restricted to and concentrated in only a small section of the human race. The theories of Eysneck and Mednick, according to which criminal behaviour is tfre result of interaction between certain social environmental factors and inherited predispositions of the central nervous system, have empirically not been sufficiently proven. The survey's emphasis lies on criminalsociological, socialpsychological and victimological theories. In the context o criminalsociological approaches the theories of social disorganization and of anomie are being discussed. A society is socially disorganized when social bonds dissolve, when social control breaks down and when interpersonal disorientation spreads among its members. The theory of social disorganization has been further developed inasmuch as the social structuring of delinquency areas has been described as a dynamic process and as the spiral-like social downfall and dereliction of a neighbourhood ("community crime career"). In empirical studies making use of data from accounts showing how people have become perpetrator or victim ("British Crime Surveys"), this theory of social disorganization has been widely confirmed. The theory of anomie has undergone further development by the adaptation of two new approaches: the theory of institutional anomie according to Steven F. Messner and Richard Rosenfeld and the theory of general strain according to Robert Agnew. The theory of institutional anomie underlines the extreme importance western societies ascribe to monetary success while at the same time not stressing the component of achieving this success by legal means. One institution – economy – assumes priority over all non-economic institutions such as family, education or politics, which on their part are only insufficiently capable of restricting the criminogenic pressure phenomenon, i.e. the overestimation of monetary success. According to the theory of general strain the incapability of reaching positively marked aims results in overstraining (pressure). This pressure can be measured by ascertaining the gap between aspirations (ideal aims) and expectations on the one hand and actual achievements and successes on the other. The socialpsychological theories, which are theories of social processes can be subdivided into theories of cognitive-social learning, control, interaction and life-course. According to the theory of cognitive-social learning a person acquires his/her behaviour by way of reinforcement and modeling. In self-reinforcement processes people both reward and punish themselves. Finally, this theory regards human learning as an active, cognitively controlled psychical process of assimilating experience. Criminal behaviour is learned by reaffirming (rewarding) it more than socially conforming behaviour. Delinquents acquire it in criminal subcultures, in which criminal behaviour is justified by means of neutralisation techniques as being "not really'' criminal. The theory of cognitive-social learning of criminal behaviour (the theory of differential reinforcement and imitation) has held good empirically and practically and has been complemented by the theory of crime seduction according to Jack Katz stating that the euphoria of criminal success is relevant factor. The robber f.i. is not only rewarded by his material profit but also by experiencing domination during the criminal act. Among the theories of control the theory of social bonds according to Travis Hirschi is widely appreciated in practical terms. Empirically speaking, however, it has not quite achieved what it promised. It has been further developed by the theory of self-control, according to which delinquents are persons with a low level of self-control as a result from ineffective and inadequate socialization. Another new development is the theory of control balance according to Charles R. Tittle. The central statement of this theory is that the amount of control a person is subjected to, as compared to the control this person exercises, influences both the probability of committing delinquencies and the possibility to commit certain types of crime. The theory of interaction, which is a theory of social process, has been converted in the seventies and eighties to a radical socialstructural labeling approach. Control institutions (f.i police, law-courts) are assumed to produce delinquency and criminality by selectively sanctioning the lower class in the order to preserve the power of the ruling class. In the nineties, however, the interaction theory is distancing itself from this radical power conflict approach and reverting to its original focus: its connection to the cognitive-social learning theory. The interaction theory has been supplemented by the Australian criminologist John Braithwaite. He regards shame as an essential means of informal social control and distinguishes between reintegrative and disintegrative shaming. The life-course-theories are new developments stemming from the late eighties and early nineties. According to these theories, delinquency and criminality develop in interactive processes spanning the whole cycle of life. Developmental crirninology focusses on the questions why people become delinquent (onset, activation), why their delinquencies continue (maintenance), why delinquencies often increase both in frequency and in seriousness (acceleration, escalation, aggravation) and, lastly, why people stop being delinquent (deceleration, desistance, termination). It is concept of casuality is dynamic and interactive. Personal and social damages cause delinquency and criminality which in their turn again result in personal and social damages. Basically, three life-course-theories have recently been developed: the interaction theory by Terence P. Thornberry, the theory of social turning-points by Robert J. Sampson and John H. Laub and the theory of criminal tendencies by David P. Farrington. Victimological theories open a range of completely new criminal-aetiological perspectives. For victimogenesis (enquiring into the causes for becoming a victim) the model of lifestyle-exposure and opportunity deals with the probability of individuals being in certain places at certain times and under certiatin circumstances and thereby meeting certain categories of people. The routine-activity-theory according to Lawrence E. Cohen and Marcus Felson distinguishes between three elements: a motivated offender, a suitable target and the absence of capable protectors (guardians) of this object against a violation. The routine-activity-approach accordingly predicts the highest risk of delinquency when the victim's suitability is highest: best social visibility, easiest access, strongest attraction and when the level of object observation is low. The routine-activity-theory has been further developed into a structural-choise model of victimization. Within this reconsidered and verified model the nearness and protection of a potential victim represent components of choise. The critical-radical school in modern criminology intends to develop an alternative to mainstream criminology and in the long run to replace mainstream criminology. While having achieved their first aim, thus far they have failed in thier second. The critical-radical school of thought can be divided into three theories: According to marxist theory the basis of crime can be found in the contradictions of capitalism oppresing and exploiting the working class. Crime originates in the basic conflict between the bourgeoisie and the working class, which is a conflict of power and interests. The anarchistic theory aims at showing that that kind of justice by which our modern1egal system defines itself is in reality a facade for an intrinsic system of institutionalized injustice. Left-wing realism holds a „theory” consisting of four variables: victim, offender, state agencies and the public. Without disregarding the victims of so-called street-crimes, radical realism is based not-only on comprehending the victimization of the offender by the state, but also on the understanding of victimizition of the working class by the working class. Feminist theories in criminology focus on the four following issues: the problem of generalization: It is questionable whether the criminological theories developed so far are readily applicable to women and girls; the problem of gender relations: an explanation is required on why women and girls; commit fewer and less serious crimes and delinquencies than man and boys and how significant a factor masculinity is for the genesis of crime; the victimalization problem: Both the manifestations and the causes of male physical and sexual violence towards woman have to be describeds much more accurately; the problem of equal treatment of man and woman in the criminal justice system: It is questionable whether the principles of masculinity or feminity, should define the climate of the criminal justice system. Constutive criminology is a postmodernist school. It questions the attempt of institutions and individuals to claim priority of ''expert'' knowledge. Truth to them is a form of domination. Linked with constitutive criminology is the peacemaking criminology, which tries to soothe human sufferings and reduce criminality in this way. Solutions of the criminal justice system are rejected as violent. Individual violence cannot be overcome through state violence. Integrated theories attempt to take the best of every ''middle-range" theory and combine this into a more comprehensive new theory. Finally, as an example of an integrated theory, John Hagan's theory of power control is put forward which aims at explaining the lower frequency and seriousness of woman's criminality and girls' delinquency by looking at patriarchy and class structures.
Źródło:
Archiwum Kryminologii; 1998, XXIII-XXIV; 13-44
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Rozwój uzależnienia a zmiany społecznych zachowań młodocianych toksykomanów
The Progress of Dependence and Changes in the Social Behavior of Young Adult Drug Addicts
Autorzy:
Zakrzewski, Paweł
Powiązania:
https://bibliotekanauki.pl/articles/699054.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
uzależnienie
toksykomania młodzieżowa
środki narkotyczne
zależność społeczna
zależność psychiczna
młodociani
zależność fizyczna
zmiany osobowości
addiction
youth toxicomania
narcotic drugs
social dependence
psychological dependence
juvenile
physical dependence
personality changes
Opis:
In the present study the changes in behavior of young adult drug addicts are described, which occurred as their dependence has developed since the beginning of taking drugs. We regard as scientifically fruitless frequent general statements concerning young adult (as well as adult) drug addicts irrespective of their age and the stage of dependence. The research on which the present study is based was a part of multidisciplinary studies of young adult drug addicts which were conducted by the Department of Mental Health of the Polish Academy of Sciences in Łódź in the years 1974-76. It concerned all patients aged 15-23 registered in the out-patient clinics for young drug addicts and in district out-patient clinics for adults in the city of Łódź because of the repeated taking of narcotic drugs. It is important to note that the discussed population consisted of 102 young adults, of which 23% were girls. Three detailed interviews were carried on in relation to each case: one with the mother of the given boy or girl (in exceptional cases with another adult member of the family), the second one at school with the tutor and the teachers, and the third one with the drug addict himself . The questionnaires on which the interviews were based took into account, to a high degree, the family conditions of the addicts, their behavior at home , from their earliest childhood up to the latest months, their school history, ways of spending their leisure time, the outset and circumstances of taking drugs, the use of alcohol, the peer groups, living problems in the period preceding the taking of drugs and in subsequent years, delinquency etc. Data were also collected concerning the criminal records of the addicts and the history of various diseases treated in different out-patient clinics. The study was conducted by a team of several persons working under supervision of the author of the present paper. Estimation of the degree of dependence was based on medical diagnosis. Among the addicts, the following three stages of dependence were distinguished: the stage of social dependence, that of mental dependence and the stage of physical dependence. The greatest part (50%) of the addicts were in the stage of mental dependence. The addicts were noticed to move to the more advanced stages of dependence in course of time. The mean duration of the period of taking drugs was: with young adults socially dependent 5 months, with those mentally dependent 1 year 5 months, and with those physically dependent 2 years 8 months. There are, however, limitations to this regularity. Some individuals withdrew from talking drugs within the first 12 months of social dependence. Others reached the stage of mental dependence very rapidly, so to say cutting down or even skipping the first stage of dependence. There were also those who remained for a long time in the preliminary stage of the illness, that is, that of mental dependence, revealing no symptoms of physical dependence even after one or two years. It is thus apparent that the progress of dependence and its rapidity are not the derivative of the length of the period of taking drugs only. An important role is also played by the intensity of taking drugs, by their peculiarities and by the individual immunity of the central nervous system of a given person. The notion of the so-called social dependence is controversial to a certain degree and as such used only by some of the authors. However, the results of the present study speak in its favor as the term defining the first, and so to say preliminary stage of dependence, preceding the next stages of dependence in the medical sense. In the present study the notion of social dependence is of a very broad range, i.e., its criteria are not limited to the pressure of the peer  group and the boy’s or girl’s eagerness to adjust themselves to this group. On the basis of the collected material, we included in the notion social dependence also the cases in which the addicts communicated with loose society circles, e.g. in cafés, which was accompanied by the predominant trend to adjust themselves to the fashion and customs of such circles, as well as the cases of an influence of individual persons of different sex attracted to each other. The notion of social dependence is worthy of separation, particularly, as the patterns of taking drugs have now become generally accepted among the youth. Taking certain drugs several times, or even once, caused a considerable improvement of mood of the individuals inclined to experience conflicts intensely, who had a low tolerance to frustration and a poor ability to overcome obstacles, if they only happened upon the drug which changed their mental stale favourably from their point of view. Phenmetrazine was good for some of the persons examined to suppress their mental inhibitions, while others used sedatives to suppress states of tension and excitement, still others - morphine and its derivatives to experience something new and to get away from the dullness of the everyday life. The process of social dependence turning into mental dependence among the addicts consisted in the fact that - as they were experimenting with various drugs in the company of others - they soon found that not only the interpersonal ties were hereby fortified, but also their hitherto only poorly tolerated mental state could undergo a favorable change. As this belief grew stronger and proved true in all next instances of taking the drug, they experienced the more and more intense desire to take such drugs whenever the state of tension, discouragement or irritation had reached a considerable degree of intensity. However, after some time the hitherto felt desires were dominated by additional and extremely trying sensations of not only mental but also physical nature which occurred in the periods of the break in drug taking. The addicts tried at any price to get rid of withdrawal symptoms. Most frequent were the complaints about the sensation of irritation, restlessness, inability to concentrate on anything, lack of energy, anxiety, insomnia or nightmares, headache and melalgia, hand tremor and other annoying and exhausting symptoms. The examined persons with these symptoms had already found themselves in the stage of physical dependence. In the diversity and variability of drugs taken by the addicts as their dependence developed, a following essential regularity could be noticed: the comparatively greatest diversity of drugs taken was usually found at the stage of social dependence. In that of mental dependence, morphine and the specimens approximal to it more and more prevailed among the drugs taken by a given individual, thus reducing the role of other drugs. The transition to physical dependence meant further concentration on the opiates (mainly morphine), while other drugs – including alcohol- became substitutes and were taken when the individual did not possess the favorite drug and thus felt  withdrawal symptoms. The danger of conversion to morphine and other opiates, with all its consequences, thus grew as the taking of drugs continued. It is a matter of course that, as the individual gradually needed drugs more and more difficult to obtain (that, is, those from the morphine group), which were sold at a higher price, and as he needed more and more of the drug and found it more and more difficult to do without - the ways of obtaining it had to change. A phenomenon occurs which can be called escalation not only of the drugs taken, but also of the means of obtaining them. The means in question become more and more ruthless, one counts less and less both with one’s own hitherto existing line of conduct and ambitions and with the probable reactions of the environment. The means of obtaining drugs grow also more and more absorbing, they engage more and more time and efforts. Simultaneously followed the process of diminution of individual interests and of the disappearance of ambitions in the addicts. It was more and more difficult for them to acquit themselves of the hitherto performed social roles. And thus, for instance, within the range of the role of a pupil, the following symptoms could be found among the addicts beginning from the stage of mental dependence: considerable difficulties of concentration, the slowing down of the run of thought, passiveness and drowsiness during the classes, increasing absence from school, being far away with thought even if physically present at school, regular remiss in doing homework, indifference to school failures, reluctance to undertake efforts to overcome them - that is, greater and greater slackness in the school duties. School, usually quitted in the advanced stages of dependence, gave place to irregular and chance periods of working, which did not in the least lead to any professional promotion of a given individual. All the hitherto existing forms of activity which satisfied their former interests and life plans were - as the dependence developed - replaced by the efforts to obtain every now and again new doses of the longed-for drug. Parallel to this process new specific elements appeared in the life of the addicts: contacts with out-patient clinics, stays in detoxication centres and mental hospitals, which repeated from time to time, and in a considerable number of the cases – court appearances ending more than once with imprisonment. In general, it must be stated that the progress of dependence has led to intense degradation changes in the lives of the addicts. The whole of those changes were composed of the following: increasing problems and failure at school, quitting school, aggravating conflicts at home, participation in youth groups and circles out of control which were characterized by socially negative patterns of behavior, giving up one’s professional ambitions, staying for months in hospitals, undergoing detoxication treatment, gradual limitation of one’s aims and interests to obtaining and taking drugs, court appearances every now and again.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 363-388
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Międzynarodowe badania nad przemocą wobec kobiet (IVAWS). Reakcja policji na zgłoszenia przemocy w Polsce
Violence against Women Survey (IVAWS). Police Response to Reported Acts of Violence in Poland
Autorzy:
Gruszczyńska, Beata
Powiązania:
https://bibliotekanauki.pl/articles/699104.pdf
Data publikacji:
2006
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
Międzynarodowe Badania nad Przemocą wobec Kobiet (IVAWS)
przemoc
kobiety
przemoc fizyczna
przemoc psychiczna
przemoc seksualna
policja
Polska
przemoc domowa
badania kryminologiczne
International Violence against Women Survey (IVAWS)
violence
women
family violence
Police
Polska
research
Opis:
Violence against women, especially in the context of family violence, casts a question whether it is a social or  perhaps a family, private problem. The Police’s reaction to reported acts is currently a fundamental problem. Disregarded reports may cause further humiliating living under violence for wman, while a man becomes strengthened in his heartless and commanding role. In addition,, a conviction appears in victims that the police is ineffective, unreliable; hence it is better to keep the affair ‘within the four walls at home’. What i sit like in Poland? Do women often report the violence practiced by their partners? Ae they satisfied with the Police reaction? The results gained in IVAWS survey in Poland make the content of this paper.
Źródło:
Archiwum Kryminologii; 2006, XXVIII; 185-192
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Podstawy obligatoryjnego odroczenia wykonania kary pozbawienia wolności
Autorzy:
Tekliński, Jarosław
Powiązania:
https://bibliotekanauki.pl/articles/1788317.pdf
Data publikacji:
2018-02-06
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
choroba psychiczna
ciężka choroba
odroczenie wykonania kary pozbawienia wolności
prawo krne wykonawcze
skazany
Służba Więzienna
zaburzenie psychiczne
zdrowie psychiczne
mental illness
severe illness
postponement of the execution of a prison sentence
executive criminal law
person sentenced
Prison Service
mental disorder
mental health
Opis:
Jedną z podstawowych zasad prawa karnego wykonawczego jest zasada bezzwłocznego wszczęcia postępowania wykonawczego (art. 9 § 1 k.k.w.). Bezzwłoczne wykonanie orzeczenia, szczególnie tego, które stanowi o bezwzględnej karze pozbawienia wolności, służy realizacji zasady humanitaryzmu i poszanowania godności ludzkiej skazanego (art. 4 § 1 k.k.w.). Odroczenie wykonania kary jest jednym z nielicznych odstępstw od zasady wyrażonej w art. 9 § 1 k.k.w., przy czym zważywszy na jej wyjątkowy charakter, przepisy statuujące ustawowe przesłanki jej stosowania nie podlegają wykładni rozszerzającej. Dzieje się tak za sprawą tego, że odroczenie wykonania kary bez istnienia ważkich przyczyn narusza zarówno wspomnianą zasadę bezzwłocznego wykonania wyroku, jak i konstytucyjną zasadę osądzenia sprawy bez nieuzasadnionej zwłoki (art. 45 ust. 1 Konstytucji RP), czy rozpatrzenia sprawy w rozsądnym terminie (art. 6 ust. 1 Konwencji o Ochronie Praw Człowieka i Podstawowych Wolności). Niniejszy artykuł stanowi próbę kompleksowego spojrzenia na problematykę materialnych podstaw obligatoryjnego odroczenia wykonania kary pozbawienia wolności. Analiza obowiązującego porządku prawnego, przeprowadzona przez pryzmat oceny zarówno orzecznictwa, jak i poglądów doktryny, doprowadza autora do konkluzji, że obecna regulacja jest wadliwa i de lege ferenda wymaga pilnych zmian, w kierunku przez niego zaproponowanym.
One of the basic principles of executive criminal law is the principle of immediate enforcement proceedings (art. 9 § 1 k.k.w.). Immediate enforcement of the verdict, especially the one which provides for the absolute penalty of imprisonment, is for the implementation of the principle of humanity and respect for the human dignity of the convicted person (art. 4 § 1 k.w.w.).Postponement of the execution of a sentence is one of the few exceptions to the rule expressed in art. 9 § 1 k.k.w., however, considering its exceptional character, provisions stating the statutory conditions for its application are not subject to an extended interpretation. This is due to the fact that postponing the execution of a penalty without serious grounds violates both the aforementioned principle of immediate enforcement of the sentence and the constitutional principle of trial without unreasonable delay (article 45 section 1 of the Constitution of the Republic of Poland) or consideration of the case within a reasonable period (article 6 section1 of the Convention for the Protection of Human Rights and Fundamental Freedoms). This article is an attempt to look at the issue of material basis for obligatory postponement of imprisonment. The analysis of the current legal order, carried out through the prism of assessing both case-law and doctrinal views, leads the author to the conclusion that the current regulation is flawed and de lege ferenda requires urgent changes in the direction proposed by him.
Źródło:
Studia Prawnicze; 2018, 4 (216); 165-202
0039-3312
2719-4302
Pojawia się w:
Studia Prawnicze
Dostawca treści:
Biblioteka Nauki
Artykuł
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