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    Tytuł:
    Poczucie winy u skazanych odbywających karę pozbawienia wolności.
    The feeling of guilt among convicts who serve their sentence.
    Autorzy:
    Florczykiewicz, Janina
    Powiązania:
    https://bibliotekanauki.pl/articles/1202457.pdf
    Data publikacji:
    2015
    Wydawca:
    Uniwersytet Warszawski. Wydział Stosowanych Nauk Społecznych i Resocjalizacji. Instytut Profilaktyki Społecznej i Resocjalizacji
    Tematy:
    poczucie winy
    pozbawienie wolności
    zakład karny
    demoralizacja
    feeling of guilt
    imprisonment
    prison
    demoralization
    Opis:
    W artykule zaprezentowano badania nad poczuciem winy u skazanych odbywających karę pozbawienia wolności. Badano zależność między poczuciem a stopniem demoralizacji. Badaniami objęto 296 skazanych, mężczyzn w wieku od 18. do 64. roku życia, odbywających kary pozbawienia wolności w różnych typach i rodzajach zakładów karnych. Ustalono, że znaczna część osadzonych odbywających karę pozbawienia wolności przeżywa poczucie winy spowodowane wyrządzeniem krzywdy ofiarom swoich przestępstw. Najniższa skłonność do przeżywania winy oraz najwyższe tendencje do ignorowania ofiary i uruchamiania neutralizacji wystąpiła u osób zdemoralizowanych w wysokim stopniu.
    The article presents the findings of the study on the feeling of guild among convicts who serve their sentence. We investigated the relation between the feeling of guilt and the level of demoralization. The study involved 298 male inmates, aged 18 to 64, who serve their sentence in different types and kinds of prisons. It was found that a significant proportion of convicts who serve their sentence experience the feeling of guilt for the harm caused to the victims of their crimes. The lowest propensity to experience guilt and the highest tendency to ignore the victim and start neutralization were manifest among individuals who show a high level of demoralization.
    Źródło:
    Profilaktyka Społeczna i Resocjalizacja; 2015, 27; 65-87
    2300-3952
    Pojawia się w:
    Profilaktyka Społeczna i Resocjalizacja
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Revocation of conditional release in the Polish Executive Penal Code
    ODWOŁANIE WARUNKOWEGO ZWOLNIENIA W POLSKIM PRAWIE KARNYM WYKONAWCZYM
    Autorzy:
    Stefańska, Blanka
    Powiązania:
    https://bibliotekanauki.pl/articles/1390874.pdf
    Data publikacji:
    2017-06-30
    Wydawca:
    Uczelnia Łazarskiego. Oficyna Wydawnicza
    Tematy:
    probation period
    legal order
    imprisonment
    conviction
    conditional release
    sentence
    okres próby
    porządek prawy
    pozbawienie wolności
    skazanie
    warunkowe
    zwolnienie
    wyrok
    Opis:
    Przedmiotem artykułu jest odwołanie warunkowego zwolnienia od odbycia kary pozbawienia wolności. Zwolnienie następuje na okres próby, w trakcie której sprawdzane jest zachowanie skazanego pod kątem jego przystosowania do życia w społeczeństwie. Naruszenie przez niego szeroko pojętego porządku prawnego skutkuje – w zależności od wagi jego naruszenia – obligatoryjnym lub fakultatywnym odwołaniem warunkowego zwolnienia. Szczegółowo omówione są przyczyny powodujące lub pozwalające na odwołanie warunkowego zwolnienia.
    The article discusses the revocation of conditional release from the imprisonment penalty. The release is for a probation period during which a convict’s behaviour is monitored in order to check if he has re-adjusted to life in the society. His violation of the legal order in its broad meaning, depending on the significance of this violation, results in the obligatory or optional revocation of the conditional release. The article presents thoroughly the circumstances that result or may result in the revocation of the conditional release.
    Źródło:
    Ius Novum; 2017, 11, 2; 44-60
    1897-5577
    Pojawia się w:
    Ius Novum
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Zakład karny i wykonanie kary pozbawienia wolności w opinii społeczności lokalnej
    Prison and Imprisonment in the Opinion of Local Community
    Autorzy:
    Mościskier, Andrzej
    Powiązania:
    https://bibliotekanauki.pl/articles/699182.pdf
    Data publikacji:
    1984
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    zakład karny
    wykonanie kary
    kara
    pozbawienie wolności
    opinia społeczna
    społeczność lokalna
    penitentiary
    execution of a sentence
    imprisonment
    public opinion
    local community
    Opis:
    Basically, the study concers three  problems. Firstly, an attempt was made to explain the mechanism which led to the results obtained by other authors. They found a supposedly most rigorous attitude of the Polish society towards law breakers, which was to become manifest in the demands for relentless and severe punishment of such persons. This highly rigorous attitude has been confirmed in the present study too, yet only in answers to questions drawn up as generally as those put by the mentioned authors. As the level of abstractness of the questions is lowered, the rigorous attitude diminishes, which finds expression, among others, in the disapproval of a number of penalties applied by regulation during the execution of imprisonment.       Secondly  the attitude of the local community was presented not only towards prisoners, but also towards prison einployees. As compared with many other occupations, the prestige of prison employees is rather low, yet in spite of a certain social isolation, their general opinion is not negative. It is also worthy of attention that the sense of social distance between prisoners and community was les marked than expected.       Thirdly, the attitude was described towards prison as a physical object and an institution in the local community. This problem was studies by means of questions about the opinion on the very fact of existence of such an object in twon, the possible impact the prison has on economy, supplies, etc., an  the citizens’  feeling of safety. In this formulation, the results fail to point to the existence of markedly negative attitudes, though some socio-demographic features of the examined persons tend  to differentiate their answers.       The study was realized from 1979 till 1981. In spite of the considerable interval and the differences in the country's respective social situations, the answers given by the examined persons from both groups were nearly parallel to each other.      In 1979, random samples of adults were examined, inhabitants of two towns, about 25 thousand inhabitants each, in which there were prisons. In one of these towns, the prison had been established over 20 years before, while in the second one, it was only a few years old. In each town, 200 persons were examined by means of a questionnaire, which makes the total of 400 examined persons.        In 1981, 462 persons were examined by means of the same questionnaire, who were selected with the use of "Quota Sampling" from the population of 10 towns of 11 to 95 thousand of inhabitants, in which there were prisons.        The study was intentionally realized in towns of medium population. The aim was to examine communities large enough for the prison not to dominate them on the one hand, and on the other hand, small enough to enable an assumption that a majority of inhabitants have a certain knowledge and opinions about the prison acquired through observation and nin-institutionalized flow of information.       As regards the opinion on imprisonment, it should first of all be stressed that over  50 per cent of the examined persons are of opinion that the essential aim oi this type of penalty should be the resocialization of prisoners. About 23 per cent of answers concerning this problem referred to the idea of individual prevention; 12-18 per cent of the examined persons were of opinion that imprisonment should serve to protect the society from the criminal by isolating him for a certain period of time; about 6 per cent of answers pointed to retribution as the aim of punishment, while  as few as 2-3 per cent considered the aim to be general prevention.        However, to find out if the attitude of the examined persons was rigorous or tolerant, answers to other questions were more significant, that is those concerning the mothods of execution of imprisonment, i.e., the penalties and rewards applied  towards  prisoners and the rights they enjoy. Here, a significant trend appeared to turn from rigorous to tolerant  attitudes as the level of generality of questions lowered. It seems that questions about certain abstract principles, which in the mind of an average man have no connection with any actual situation or person,  provoked answers which hinted at a rigorous attitude; yet whenever the same respondent had to answer a question which allowed him to realize the details of a given situation or the position of a given persons in such circumstances, the tolerant attitude prevailed.       Thus, for instance, as many as over 70 per cent of the examined persons approved of the most  general  statement that  „in prison, strict discipline should reign”.  When another question was asked, this time less generally formulated,  if „all amenities of life and attractive activities should be reduced to a minimum”, the numbers of approving and disapproving answers were more or less equal, which points to the lowering of the level of rigorism. The answers to further questions concerning definite cases frankly contradict  those given  to the former questions and point to a markedly tolerant attitude. Thus, for example, the question if „a prisoner should have free access to newspapers, radio, and TV in his leisure time”, was answered in the affirmative by over 75 per cent of the examined persons.       Also the questions about definite penalties and rewards applied towards prisoners were answered in a way which seems to point to the prevalence of tolerant attitudes over rigorism. The majority of the examined persons are for abolition or limitation of penalties provided by prison regulations and for granting the prisoners with a number of rights, such as unlimited receipt of parcels, letters, and visitors from the outside (prison regulations limit the number of such prisoners' contacts with the outside world and treat any extension of these contacts as a special reward). The examined  persons were also for alegal regulation of the sphere of prisoners' work, pointing to the need for making the working conditions in prison resemble those generally found in State-controlled economy.       Also the rational attitude of the public opinion towards prison should be stressed. The prison is perceived as an institution which could play a greater part than before in the life of the local community, particularly through including prisoners in the borader social unit and increasing their participation in the town’s economic activity. The citizens’ expectations point in this direction, accompanied also by the favourable opinion as to the extending of the prisoners' range of personal liberty outside the prison walls. In this connection, also the attitude of fear of the prisoners was much less marked than had been expected, as well as the bias against them, both of which appear in principle only as regards a small group of dangerous criminals.       The attitude of the local community towards prison employees is a completely separate problem. It is characterized by a peculiar ambivalence: on the one hand, prison employees enjoy a good reputation as persons and members of the local community, their financial status perceived as decidedly higher than that of an average citizen. On the other hand, however, the social status of a prison employee is estimated as very low, as compared with other professions, which is accompanied by a stressed disapproval revealed by the examined persons of the very fact of working in a prison. This may lead to a conclusion that in the social consciousness disfavourable opinion persists as to the human relations in prison and the nature of work of prison employees. This is an additional factor which speaks for changes in the system of execution of the penalty of deprivation of liberty which would modernize it and adjust it to the contemporary progressive trends in the world. The present study has not only confirmed the existence of social support for such changes but it has also revealed the conducive atmosphere to a far-reaching reform in this field.
         Basically, the study concers three  problems. Firstly, an attempt was made to explain the mechanism which led to the results obtained by other authors. They found a supposedly most rigorous attitude of the Polish society towards law breakers, which was to become manifest in the demands for relentless and severe punishment of such persons. This highly rigorous attitude has been confirmed in the present study too, yet only in answers to questions drawn up as generally as those put by the mentioned authors. As the level of abstractness of the questions is lowered, the rigorous attitude diminishes, which finds expression, among others, in the disapproval of a number of penalties applied by regulation during the execution of imprisonment.       Secondly  the attitude of the local community was presented not only towards prisoners, but also towards prison einployees. As compared with many other occupations, the prestige of prison employees is rather low, yet in spite of a certain social isolation, their general opinion is not negative. It is also worthy of attention that the sense of social distance between prisoners and community was les marked than expected.       Thirdly, the attitude was described towards prison as a physical object and an institution in the local community. This problem was studies by means of questions about the opinion on the very fact of existence of such an object in twon, the possible impact the prison has on economy, supplies, etc., an  the citizens’  feeling of safety. In this formulation, the results fail to point to the existence of markedly negative attitudes, though some socio-demographic features of the examined persons tend  to differentiate their answers.       The study was realized from 1979 till 1981. In spite of the considerable interval and the differences in the country's respective social situations, the answers given by the examined persons from both groups were nearly parallel to each other.      In 1979, random samples of adults were examined, inhabitants of two towns, about 25 thousand inhabitants each, in which there were prisons. In one of these towns, the prison had been established over 20 years before, while in the second one, it was only a few years old. In each town, 200 persons were examined by means of a questionnaire, which makes the total of 400 examined persons.        In 1981, 462 persons were examined by means of the same questionnaire, who were selected with the use of "Quota Sampling" from the population of 10 towns of 11 to 95 thousand of inhabitants, in which there were prisons.        The study was intentionally realized in towns of medium population. The aim was to examine communities large enough for the prison not to dominate them on the one hand, and on the other hand, small enough to enable an assumption that a majority of inhabitants have a certain knowledge and opinions about the prison acquired through observation and nin-institutionalized flow of information.       As regards the opinion on imprisonment, it should first of all be stressed that over  50 per cent of the examined persons are of opinion that the essential aim oi this type of penalty should be the resocialization of prisoners. About 23 per cent of answers concerning this problem referred to the idea of individual prevention; 12-18 per cent of the examined persons were of opinion that imprisonment should serve to protect the society from the criminal by isolating him for a certain period of time; about 6 per cent of answers pointed to retribution as the aim of punishment, while  as few as 2-3 per cent considered the aim to be general prevention.        However, to find out if the attitude of the examined persons was rigorous or tolerant, answers to other questions were more significant, that is those concerning the mothods of execution of imprisonment, i.e., the penalties and rewards applied  towards  prisoners and the rights they enjoy. Here, a significant trend appeared to turn from rigorous to tolerant  attitudes as the level of generality of questions lowered. It seems that questions about certain abstract principles, which in the mind of an average man have no connection with any actual situation or person,  provoked answers which hinted at a rigorous attitude; yet whenever the same respondent had to answer a question which allowed him to realize the details of a given situation or the position of a given persons in such circumstances, the tolerant attitude prevailed.       Thus, for instance, as many as over 70 per cent of the examined persons approved of the most  general  statement that  „in prison, strict discipline should reign”.  When another question was asked, this time less generally formulated,  if „all amenities of life and attractive activities should be reduced to a minimum”, the numbers of approving and disapproving answers were more or less equal, which points to the lowering of the level of rigorism. The answers to further questions concerning definite cases frankly contradict  those given  to the former questions and point to a markedly tolerant attitude. Thus, for example, the question if „a prisoner should have free access to newspapers, radio, and TV in his leisure time”, was answered in the affirmative by over 75 per cent of the examined persons.       Also the questions about definite penalties and rewards applied towards prisoners were answered in a way which seems to point to the prevalence of tolerant attitudes over rigorism. The majority of the examined persons are for abolition or limitation of penalties provided by prison regulations and for granting the prisoners with a number of rights, such as unlimited receipt of parcels, letters, and visitors from the outside (prison regulations limit the number of such prisoners' contacts with the outside world and treat any extension of these contacts as a special reward). The examined  persons were also for alegal regulation of the sphere of prisoners' work, pointing to the need for making the working conditions in prison resemble those generally found in State-controlled economy.       Also the rational attitude of the public opinion towards prison should be stressed. The prison is perceived as an institution which could play a greater part than before in the life of the local community, particularly through including prisoners in the borader social unit and increasing their participation in the town’s economic activity. The citizens’ expectations point in this direction, accompanied also by the favourable opinion as to the extending of the prisoners' range of personal liberty outside the prison walls. In this connection, also the attitude of fear of the prisoners was much less marked than had been expected, as well as the bias against them, both of which appear in principle only as regards a small group of dangerous criminals.       The attitude of the local community towards prison employees is a completely separate problem. It is characterized by a peculiar ambivalence: on the one hand, prison employees enjoy a good reputation as persons and members of the local community, their financial status perceived as decidedly higher than that of an average citizen. On the other hand, however, the social status of a prison employee is estimated as very low, as compared with other professions, which is accompanied by a stressed disapproval revealed by the examined persons of the very fact of working in a prison. This may lead to a conclusion that in the social consciousness disfavourable opinion persists as to the human relations in prison and the nature of work of prison employees. This is an additional factor which speaks for changes in the system of execution of the penalty of deprivation of liberty which would modernize it and adjust it to the contemporary progressive trends in the world. The present study has not only confirmed the existence of social support for such changes but it has also revealed the conducive atmosphere to a far-reaching reform in this field.
    Źródło:
    Archiwum Kryminologii; 1984, XI; 245-267
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    W poszukiwaniu skutecznych metod resocjalizacji sprawców pozbawionych wolności na przykładzie Stanów Zjednoczonych Ameryki
    In Search of Effective Methods of Prison Rehabilitation – An Example of the United States
    Autorzy:
    Szwejkowska, Małgorzata
    Powiązania:
    https://bibliotekanauki.pl/articles/698767.pdf
    Data publikacji:
    2018
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Tematy:
    resocjalizacja
    cele kary izolacyjnej
    pozbawienie wolności
    osadzony
    RNR Model
    ocena aktuarialna
    zagrożenie recydywą
    rehabilitation
    objectives of a punishment
    imprisonment
    inmate
    Risk-Need-Responsivity Model (RNR)
    assessment
    relapse into crime
    Opis:
    In its introduction, the article characterises - in a most comprehensible way - themain objectives of criminal sanctions and their role in preventing crime, according tothe most commonly expressed opinions on the subject from American scholars. It isfollowed by a brief history of assessing the risk of committing an offence in the UnitedStates in recent decades. The risk assessment process was developed before World WarII as a tool to predict possible recidivism in the case of inmates released on parole, butit has been in more common use since 1980s. While the “What works?” movementinitially emerged in the United States, one needs to remember the publication of Robert Martinso’s report that created the “Nothing works” (concerning prison rehabilitation)doctrine. It aided the justification of severe changes in punitive prison policies inthe 1970s that continued well into the 1990s, with the slogans “tough on crime, toughon the causes of crime” being more prominent. It took more than a decade to reestablishsome hope in prison rehabilitation programmes and allow the paradigm shiftsto happen – from the retribution “being tough on offenders” policy to more creativeapproaches towards offenders. By constructive approaches to working with offenders,one means the use of effective methods and techniques to alter criminal behaviourof inmates to prevent their possible relapse into crime (crime prevention).The main goal of the article is to present the most fundamental system in the UScriminal justice system that is most commonly applied nowadays: the Risk-Need-Responsivity (RNR) model and its principles to offender assessment. The aforementionedprinciples were laid down by Canadian scholars, Donald Arthur Andrews andJames Bonta. In that model, “risk” means the identification of specific factors thatare associated with recidivism (in general, depending on a specific crime, e.g. sexualoffenders or offenders who committed violent crimes). Andrews and Bonta argue thata number of factors need to be considered in any comprehensive theory of criminalbehaviour, including biological or neurological issues, inheritance, temperamentand social and cultural factors, while also noting that criminal behaviour is a multifactorialissue. “Need” assesses criminogenic needs and targets them in prison treatmentprogrammes for elimination, while “responsivity” intends to maximise the offender’sability to learn how to combat possible recidivism through rehabilitative intervention,providing cognitive behavioural treatment – with the said intervention being tailoredto the learning style, motivation, abilities and strengths of the offender.Risk assessment is applied during different stages of the criminal procedure: beforesentencing and during the period of time when the criminal sanction is executed, i.e.while serving a custodial sentence. It must be noted that, in the US justice system, judgesare not the only people obliged to assess the potential risk of an offender relapsinginto crime in the future. Prison officers are also tasked with such assessment. Throughthe application of the RNR model, it is possible for the prison staff to divide inmatesinto specific groups, depending on security levels and adequate treatment programmes.In that case, the assessment tools based on the RNR model not only allow a predictionof a possible relapse into crime, but also a proper allocation of convicts to rehabilitationprogrammes provided within prisons. A convict undergoes an evaluation before andafter the treatment. Such evaluations are imposed on most prisoners, so performingthem does have an impact on the financial and human resources of a given penitentiaryunit.The most important question, “What works in prison?” is answered by the majorityof scholars through propositions of providing cognitive and behavioural skill programmesto the convicts. They have clear criteria to ensure that objectives, methods andapplication of rehabilitation programmes correspond with the needs of criminaloffenders. The conclusion of the research is meant to prove that providing offenders with such treatment (based upon the RNR model) may have a positive effect on re -ducing the risk of relapse into crime in the future. However, the appropriate methodsof treatment are based not only on psychotherapy (or, sometimes, on pharmacologicaltreatment), but also on education, vocational training, personal development, strengtheningself-control mechanisms and improving interpersonal skills.
    Źródło:
    Archiwum Kryminologii; 2018, XL; 431-458
    0066-6890
    2719-4280
    Pojawia się w:
    Archiwum Kryminologii
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Czy ciasna cela to brak humanitaryzmu? – uwagi na gruncie art. 3 Europejskiej Konwencji Praw Człowieka
    Does a narrow cell mean lack of humanity? – remarks on the basis of article 3 of the European Convention on Human Rights
    Autorzy:
    Piech, Karolina
    Powiązania:
    https://bibliotekanauki.pl/articles/1730267.pdf
    Data publikacji:
    2021-04-15
    Wydawca:
    Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego
    Tematy:
    prawa człowieka
    zasada humanitaryzmu
    osadzony
    zakład karny
    pozbawienie wolności
    system penitencjarny
    prawo karne wykonawcze
    Europejska Konwencja Praw Człowieka
    human rights
    the principle of humanitarianism
    prisoner
    prison
    imprisonment
    penitentiary system
    executive criminal law
    European Convention on Human Rights
    Opis:
    The article concerns one of the basic principles of executive criminal law and, at the same time, the nominee of the European Convention on Human Rights – the principle of humanitarianism. The subject of research is the issue of overcrowding in Polish prisons and the problem of cramped cells, in which prisoners are held. The aim of the article is to evaluate this phenomenon, to indicate its causes and to propose solutions of the problem. The findings made in this article have practical significance, because overcrowding in prisons is a problem that has a significant impact on the functioning of prisoners and the process of their resocialisation.
    Artykuł dotyczy jednej z podstawowych zasad prawa karnego wykonawczego i jednocześnie norm zawartych w Europejskiej Konwencji Praw Człowieka – zasady humanitaryzmu. Przedmiotem badań jest zagadnienie przeludnienia w polskich zakładach karnych oraz problem ciasnych cel, w jakich przebywają osadzeni. Celem artykułu jest ocena omawianego zjawiska, wskazanie jego przyczyn oraz próba przedstawienia propozycji rozwiązań problemu. Poczynione w niniejszym artykule ustalenia mają duże znaczenie praktyczne, ponieważ przeludnienie w zakładach karnych stanowi problem, który ma znaczny wpływ na funkcjonowanie skazanych oraz proces ich resocjalizacji.
    Źródło:
    Przegląd Europejski; 2021, 1; 179-190
    1641-2478
    Pojawia się w:
    Przegląd Europejski
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
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