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Wyszukujesz frazę "criminology" wg kryterium: Temat


Tytuł:
Przeciw kryminologii
Against Criminology
Autorzy:
Cohen, Stanley
Powiązania:
https://bibliotekanauki.pl/articles/698500.pdf
Data publikacji:
1991
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
antykryminologia
criminology
anti-criminology
Opis:
What this essay does, is re-tell the history of revisionist thinking about crime and its control over the last 20 years. Anti-criminology was a highly self conscious enterprise. Very soon after its initial apearance, it was marked by self-doubt and eventually a series of major internal revisions. The initial changes in anti-criminology appeared as it began to absorb the implications of its own creations. This was followed by a further set of mutations forced by having to reconsider its relationship to an external (mainly political) world. By the middle and more clearly, the end of the Seventies, liberals and radicals began to publish evaluations of what had happened to the original vision. The conclusion was dismal. The visualized reforms had not been put into practice at all or they had been put into practice for the wrong reasons or they had been co-opted and absorbed in such a way as to completly blunt their radical edge. The old structures had not only turned out more resilient than we thought but the “alternatives” now overlaid on the existing system had actually made matters worse: coersive social control is disguised, the net of state control widenes. Four relevant political responses began to emerge. First, “radical impossibilism" – a re-statement of the traditional belief that no progressive reforms are possible without a major restructuring of the whole political economic order; second, “liberal realism” – a sense of caution, scepticism and even despair, a further lowering of the (already diminished) liberal horizon; third, “re-affirmation” – an  attempt to show (as the European abolitionists are doing) just what a literal translation of the original vision would have to look like; fouth, “left realism” – a retention of socialist principles, but this time with a willingness to engage in socia reform, a determination to be “relevant'” and a denunciation of the original vision as romantic and utopian. The main features of currently dominant “left realist” position are: 1) Instead of demystifying the crime problem as a product of media myths, moral panic or false consciousness, crime is now acknowledged to be a real problem. There is a rational core to the fear of crime. One cannot gloss over the  demoralization and disorganization which are both the causes and products of predatory and violent crime. 2) Although the particular psychological form it took was misconceived, the original positivist enterprise of  finding the causes of crime was fully justified. Just when mainstream crimonology has abandoned these aetiological questions in favour of a know-nothing managerialism, so must radicals return to the obvious contexts in which crime emerges in modern society: poverty, racism, deprivation, social disorganization, unemployment, the loss of community. 3) Older idealist notions ‒  such as the elevation of the criminal into a “primitive robel” or crypto-political actor – must now be finally repudiated. And historical analysis, while important for building a sociology of law, is no real substitute for solving the traditional problems of criminology. 4) Radical criminology, then, must make itself politically relevant by operating on the very same terrain which conservatves and technocrats  have appropriated as their own. It cannot afford to risk the errors of the Sixties by allowing itself to be marginalized. In short, left rearism is realistic. This, it is argued, is where any credible alternative to mainstream criminology must be constructed. The heady mixture of well meaning liberalism, romantic anarchism and a new left style marxism which characterized the   initial phase of anti-criminology could hardly together for very long. As I have just recorded, these ingredients were soon separated out. A theoretically purer Marxism, a visionary anarchism, re-constituted liberalism and finally, left realism, all emerged as destinctive political stances against mainstream criminology. Any attempt to explain the fate of anti-criminology must avoid a narcisstistic exaggeration of its importance. These ideas were diffused with commitment and enthusiasm and they reached the centre of the criminological enerprise. But at no point has the theoretical or political momentum been strong enough to pose a real threat to a dominant tradition. Finally let me set out the wider spectrum of styles available in academic criminology today. The single criterion of this typology is ideology. 1) Conservative: the traditional conservative model stresses the primacy of law and order, a strengthening of the legal and penal system, classical doctrines of punishment such as deterrence, a moral crusade against permissiveness and lack of authority as the sources of crime. The reconstituted, neo-conservative version retains the values of the original but is more pragmatic, more selective about the use of state power, less ambitious or fundamentalist in its commitment to restoring a lost social hierarchy. 2) Managerial: this style overloeps closely with neo-conservatism but it professes to be wholly non-ideological, pragmatic and technocratic. Energy is devoted to only one of three criminological questions: that is, how to design an effective crime control policy. 3) Liberal: there are three variants of liberalism now. The most traditional version retains the programme of pre-Sixties positivism – treatment, rehabilitation, reform, individualization. The second variant is the neo-liberalism. It supports the due process rather than crime control model. A third variety of liberalism is now emerging. Its theory of crime causation is virtually identical to that of left realism, but its overall political programme and geneology is close to “genuinely” liberal of social democratic goals. 4) Socialist: the traditional version locates crime in the total system of inequality and dominance in capitalist society, rejects mere reformism and looks towards a revolutionary change in the social order which will result in socialist legality. The reconstituted version is left realism. 5) Abolitionist: it remains faithful to most of the components in the initial anti-criminology vision. In particular, it takes as a literal truth the original set of insights about the relativity of the criminal/penal law model as a form of categorisation and social control. 6) Theoretical: it is content to leave to others any political implications of its work. The commitment is to sociology and to the integrity of knowledge as a value in itself, not a subordinate to any other interests.
Źródło:
Archiwum Kryminologii; 1991, XVII; 9-39
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Pozytywizm kryminologiczny i jego krytyka
Positivist Criminology: A Critique
Autorzy:
Krajewski, Krzysztof
Powiązania:
https://bibliotekanauki.pl/articles/698512.pdf
Data publikacji:
1992
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
pozytywizm kryminologiczny
criminology
positivist criminology
Opis:
The origins of criminology as a separate and independent field of scientific research are usually linked to the emergence of the so called positive school of criminology in the second half of the nineteenth century and with the name of its leading representative Cesare Lombroso. Undoubtedly since that time criminological thought went through a long and substantial evolution which produced a variety of new concepts and theories. As a result of this one could assume that contemporary criminology has very little in common with the ideas of its founders. Despite this, there is growing conviction in the literature that the  heritage of Lombroso and Italian positivism still influences significantly contemporary criminological theory. Of course, the essence of this influence lies not in the details of Lombroso’s anthropological ideas which were proven wrong long ago, but in certain quetions asked by him and his school and methods adopted to answer them. Those questions and methods were strictly connected with and resulted from the particular ideas about human society and social world, as well as with the ideas regarding the role, functions and methods of scientific research which prevailed in the social sciences in the second half of the previous century which are commonly referred to as positivism. It justifies the designation as positivist criminology of almost all criminological thought and research since the times of Lombroso up to the late 1950’s.             Positivist criminology is ditinguished first of all by its naturalism, e.g. an assumption that all methodological principles developed in sciences apply equally to social sciences which do not possess any substantial methodical peculiarities. It means also that the main task of scientific research is to discover and formulate causal laws and the assumption of objectivity and value neutrality of science and the scientist. The basic question of such criminology based on the deterministic concept of social world and human behaviour was an etiological one: why do certain people commit crimes while others don’t? It means that the main task of positivist criminology is the search for the causes of crime. Another important feature of positivist criminology is the consensual model of the social order it usually assumes. Such a model implies that the entire social order and the very existence of human society result from the sharing of certain values and norms by the large majority of the members of such society. According to this view, also, criminal law represents an example of such consensus and its norms are subject to widespread acceptance. Criminals represent some unique category of misfits or outsiders somehow different from all other „normal” people, a category which refuses to submit to social consensus. A final result of this way of thinking leads to the conclusion that the explanation of a crime and finding its causes requires concentration on the individual who behaves criminally. Because of this, positivist criminology is a science having as its subject the criminal and his behaviour. Pure accumulation of knowledge was never the sole purpose of criminological research. Positivist criminology tried always to be also an applied science, providing scientific grounds for lawmaking and law enforcement. Results of criminological research, data about the criminal and his behaviour should help to change him: rehabilitate, resocialize, correct or heal. In other words, the main purpose of positivist criminology was to provide scientific methods of bringing known misfits and outsiders back the social consensus they left. This feature of positivist criminology is usually referred to in literature as correctionalism. The above reconstruction of the main features of positivist criminology probably corresponds better to European criminology, which was in fact for many years dominated by the ,,lombrosian myth”. One can doubt however whether American criminology  may also be described in such terms.  The problem is that, because of its clear sociological orientation, American criminology is regarded rather as a heritage of A. Quetelet, A. Guerry or E. Durkheim and not  of Lombroso. Usually it perceived crime as a social phenomenon and not as an individual pathology. But it is equally true that such classical American theories of crime causation as the differential association theory or anomie theory focus their attention on the individual criminal as well. What distinguishes those theories from the European tradition is the conviction that the criminal and his special features are products of an environment. However, in both cases criminals are treated as somehow a different kind of people. All this has important practical implications. The individual approach to crime casuation implies that the proper aim of any correctional influences is the criminal himself. The sociological approach claims that there is also no sense in correcting or changing the criminal unless we do something about the environment which produced him. The natural consequence of such an approach is the preference for social reform and social policy over criminal law as instruments of fighting the crime problem. The former is assigned only a secondary role. This is probably one of the main reasons for  a certain uneasiness and mistrust towards the sociological approach which may be observed criminologists with a legal background; it is considered too abstract and detached from the everyday problems of the criminal justice system as well as too difficult and complicated to implement. Two new criminological currents emerged during last thirty years which remain in opposition towards positivism. The first one, called antinaturalistic criminology, was born during the sixties. It rejected the positivist concept of  social science, asked new and different questions and tried to answer them using different methods. The decisive role in launching this new approach was played by the labelling approach, Its main contribution constituted rejection of the old etiological question and its substitution with the „reactive” one, a question regarding origins and development of the societal reaction to criminal or dewiant behaviour. This meant also an abandonment of positivist methodology of searching for casual laws and a turn towards the methods of humanistic sociology, including understanding, empathy and other similar qualitative methods. According to this trend the main task of the criminological enterprise is to create a sociology law and other forms of social control. Antinaturalistic criminology also adopted an unequivocally pluralistic model of society. Crime and deviance ceased to be perceived as something necessarily pathological. Instead, an attempt was undertaken to treat those phenomena as the result of natural diversity of human beings. To support this stance the labelling approach provided a variety of research on deviant subcultures conducted from what may be called ,,ethnographic positions”, which also denounced the negative effects of punitive social control. The final result was growing scepticism towards the agencies of official social control and such ideas as for example radical nonintervention. The next development can be attributed to radical and critical criminology. These trends assume that social conflict is the main feature of social order and try to understand criminal law and the criminal justice system as the result and manifestation of such conflict. This means that criminalisation processes, e.g. lawmaking and law enforcement, should be explained primarily in terms of political and economic power. Certain groups, because of their access to power, are able to enforce their own values and norms against the will of other groups which may not share them. All this means an unequivocally negative evaluation of the mechanism of social control in contemporary societies which are considered oppressive and unjust. An alternative vision of the society is proposed, a society where facts of human diversity are not subject to the power to criminalize. The way such vision should be implemented are very different and may be placed on the broad continuum from the orthodox Marxism-Leninism and belief in ideal socialism to the humanistic utopias of contemporary abolitionists. Such visions are accompanied by very strong opposition to traditional, mainstream criminology which is accused of being totally and uncritically apologetic and subservient towards the state and institutions of power. According to this view, positivist criminology under the disguise of scientific neutrality and objectivity, in fact legitimizes the existing political and moral order and serves the interests of the privileged groups in society. As a result a new attitude of moral and political commitment is proposed. Science, according to these postulates should be definitely partisan. Such an attitude should break the monopoly of positivist criminology in creating social consciousness about crime and deviance and show the broad audience that alternative are possible. In sum, one can say that the main subject of interest for traditional, positivist criminology constituted always the criminal and that the main problem was to root out his criminal propensities. For antinaturalistic criminology the main problem is the system of social control which requires fundamental change. During the seventies another criminological current emerged, known as neoclassicism, which criticized traditional, positivist criminology from quite different angles. This current, which remains primarily an American phenomenon, constitutes, first of all, opposition against the traditional, in the United States, domination of the sociological approach to the crime problem. Representatives of neoclassical criminology are troubled first of all by the above mentioned unclear practical implications of these theories for the criminal justice system. They are, namely, very difficult to translate into the language of policy actions. Moreover, proposed remedies against crime usually remain beyond the reach of traditional measures which the criminal justice system has at its disposal. As a result the turn towards the tradition of the European classical school of criminal law is proposed and enriched by recent achievements of behavioristic psychology and the economic theory of bohaviour. The essence of this approach constitutes the concept of free will and the assumption that criminals are quite normal human individuals making only false decisions. The fact that human behaviour is always guided by the desire to maximize gains and minimize loses makes this behaviour susceptible to external manipulation. The easiest way to influence human decisions is to create a high enough barrier of costs which should eliminate undesired decisions. Criminal law should play a key role in creating such a barrier and preventing criminal behaviour. Moreover, the barrier of costs provided by criminal law constitutes practically the only factor easily accessible to manipulation by any democratic and liberal government. Other ways of influencing crime rates are usually too costly or too difficult to implement. The basic task of criminology is to provide the necessary empirical data on the functioning of criminal law and the criminal justice system, which should be than used to formulate the most effective policies. All three criminological currents discussed above were usually treated as mutually exclusive and competitive paradigms. Today, when the heat of the discussions of the sixties and seventies diminished, there is a good chance to have a less emotional analysis of recent developments in criminology. Probably it will be possible now to come to the conclusion that the emergence during last 150 years of the three distinct paradigms in theoretical criminology may be comprehended not only in terms of consecutive scientific revolutions. Probably it may be also interpreted as the evolutionary process of the cumulation of knowledge about crime. During this process points of view and focuses’ changed as every paradigm considered different aspects of criminal phenomena as being most important and worth of researching. But all three may be considered, at least to a certain extent, complementary ones.
Źródło:
Archiwum Kryminologii; 1992, XVIII; 7-50
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Bibliografia zawartości „Archiwum Kryminologicznego” tomy 1-3 za lata 1933-1939 i „Archiwum Kryminologii” tomy 1-21 za lata 1960-1995
Bibliography of contents of and „Criminological Archives” and „Archives of Criminology”
Autorzy:
Rowicka, Dorota
Powiązania:
https://bibliotekanauki.pl/articles/698537.pdf
Data publikacji:
1996
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
bibliografia
kryminologia
bibliography
criminology
Źródło:
Archiwum Kryminologii; 1996, XXII; 165-175
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kierunki rozwoju kryminologii w Rosji
Directions in Russian Criminology Development
Autorzy:
Laskowska, Katarzyna
Powiązania:
https://bibliotekanauki.pl/articles/698854.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
Rosja
rozwój kryminologii
badania kryminologicznech
criminology
Russia
criminology development
criminological research
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 143-153
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Miejsce neuronauki w pedagogice resocjalizacyjnej
The place of neuroscience in social rehabilitation pedagogy
Autorzy:
Lewandowska, Aleksandra Joanna
Powiązania:
https://bibliotekanauki.pl/articles/1366314.pdf
Data publikacji:
2020-12-29
Wydawca:
Fundacja Pedagogium
Tematy:
neuroresocjalizacja
kryminologia biopsychosocjalna
neuroterapia
resocjalizacja
kryminologia
neurorehabilitation
biopsychosocial criminology
neurotherapy
social rehabilitation
criminology
Opis:
Niniejsza praca ma na celu odnalezienie w pedagogice resocjalizacyjnej miejsca dla wykorzystania badań neuronaukowych poprzez odkrycie ich znaczenia w procesie resocjalizacji. Na początku przytoczono kilka rozważań teoretycznych na temat biologii jako podstawy dla funkcji psychicznych i behawioralnych człowieka. Następnie przedstawiono obszary pedagogiki, w  których zaczęto w  ostatnich latach podkreślać znaczenie badań neuronaukowych. W  kolejnej części zwrócono uwagę na dyskusję w  literaturze dotyczącą przedmiotu zainteresowania resocjalizacji. Następnie przeanalizowano literaturę oraz neuronaukowe badania empiryczne, w których zauważono pośrednie i bezpośrednie związki między neuronauką a resocjalizacją. W  końcu dokonano próby umiejscowienia neurobiologii na pograniczu działów pedagogiki oraz przedstawiono konkluzję na temat użyteczności badań neuronaukowych dla celów poznawczych i terapeutycznych.
The aim of this work is to find a place in social rehabilitation pedagogy for the use of neuroscientific research by discovering its importance in the process of social rehabilitation. In the beginning, some theoretical considerations on biology as a  basis for the psychological and behavioral functions of humans were cited. Then the areas of pedagogy were presented where the importance of neuroscientific research has grown in recent years. In the next part, attention was drawn to the discussion in the literature on the subject of social rehabi litation. Then, literature and neuroscientific empirical studies were analyzed, in which direct and indirect relations between neuroscience and social rehabilitation were observed. Finally, an attempt was made to locate neurobiology at the borderline of sub-fields of pedagogy and a  conclusion was presented on the usefulness of neuroscientific research for cognitive and therapeutic purposes.
Źródło:
Resocjalizacja Polska; 2020, 20; 127-144
2081-3767
2392-2656
Pojawia się w:
Resocjalizacja Polska
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Profesor Stanisław Batawia
Professor Stanisław Batawia
Autorzy:
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699038.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
Stanisław Batawia
kryminologia
criminology
Stanislaw Batawia
Opis:
 The editor-in-chief of „Archiwum Kryminologii”, professor Stanisław Batawia, full member of the Polish Academy of Sciences, Professor of Warsaw University and of the Institute of State and Law of the Polish Academy of Sciences, died on April 21, 1980. His personality, publications and activities exerted great influence on criminology and the fight against crime in our country, and were of consequence in our attitudes towards different categories of people exhibiting deviant behavior, particularly offenders and alcoholics. Professor Batawia was born in 1898 in Łódź. He received the degree of Doctor of Medical Sciences in 1929, and the degree of Doctor of Law in 1931. From 1929 until the outbreak of the war in 1939 he worked at Warsaw University as senior assistant of the Department of Criminology. At the same time, he worked as a physician, first in the Nervous Diseases Clinic of Warsaw University, then on Psychiatric Ward of the Hospital of the Centre for Sanitary Training, and on the Children’s Neuropsychiatry Ward of the Institute for Mental Hygiene in Warsaw. He also worked as physician-psychologist in the Stefan Batory Grammar School in Warsaw. From 1935 he was an expert in forensic psychiatry. He took part in the military operations in 1939 as a doctor; during the German occupation of Poland, in the years 1940-44, he worked in a health service centre in a village near Warsaw. In August 1945 he was qualified as assistant professor in criminology on the basis of his thesis Niepoprawność przestępców w świetle badań nad bliźniętami kryminalnymi (Incorrigibility of Offenders in the Light of Studies of Delinquent Twins), which he had presented to the Board of the Faculty of Law, Warsaw University, as early as in 1939. In 1946 he was made associate professor at Lódź University where he was also the Head of the newly-organized Department of Criminology. At the same time he lectured on criminology and forensic psychiatry at Warsaw University. In 1949 he was transferred to the Department of Criminology of Warsaw University. In 1958 he received the degree of Professor. From 1953 he also conducted (apart from his activities at the University) criminological studies in the Department of Criminology of the Institute of Legal Sciences at the Polish Academy of Sciences. He was also closely connected with the Department and its works after his retirement in 1969, acting as consultant of its proceedings up until the last days of his life. In 1965 he was appointed correspondent member, and in 1969 full member of the Polish Academy of Sciences. Apart from his work in the field of criminology, Professor Batawia was also active in the field of psychiatry and studies on alcoholism. In the years 1951-54 he was national specialist of the Ministry of Health in the field of forensic psychiatry, and in the years 1954-62 a consultant of the Forensic Psychiatry Ward at the Psychoneurological Institute; he also collaborated with the Scientific Research Centre of Social Anti-alcoholism Committee from the beginning of its existence. He was a member of the Team of Specialists of the Permanent Commission of the Council of Ministers for Fighting Alcoholism. He participated as an expert in the work of Parliamentary Commissions on the Law against Alcoholism and the draft of the law on the prevention and combating of juvenile delinquency, and in other legislative works connected with the subject of criminology and psychiatry. The International Criminological Society appointed Stanisław Batawia its representative in Poland. He was also the Polish correspondent of the Committee in Prevention of Crime and the Treatment of Offenders of the United Nations Secretariate. The entire scientific activity of Professor Batawia was influenced by his medical and legal education. His research work was closely connected with his educational and medical practice, and also his extensive social work. Professor Batawia was the founder of Polish criminology. His ideas and methods exerted a great influence on the present shape of criminology in our country. He tended to practise empirical criminology where generalized statements were supported by profound evidence and hypotheses were always subject to empirical verification. He was of the opinion that the results of criminological research, enabling a thorough understanding of criminological problems in Poland, should be the basis for legislative work. He tried to make the range of empirical studies undertaken by the Department of Criminology broad enough to include systematic gathering of statistical data on crime in Poland, macrosocial determinants of crime, prediction studies, and sociological analyses of the ecology of crime. He himself, however, concentrated his interest mostly on the problems of clinical criminology, on the etiology of crime as seen in individual cases. He thus concentrated on individual case studies, on the problems of the careers, environment and biopsychic attributes of individual offenders and persons manifesting grave behavior disturbances. However, while tackling the problems from the, point of view of clinical criminology, he by no means lost .sight of their broad social background. He emphasized even in his pre-war works the importance of the fact that offenders were mainly recruited from the least priviledged social classes. In his book Wstęp do nauki o przestępcy (An Introduction to the Study of the Offender), he carried out a keen analysis of the process of demoralization of children from such classes. „The typical theft perpetrated by a poor child is the result of all the circumstances of his upbringing and of the environmental influences which affected him from his earliest days of childhood. The divergence between the status of a young manual worker and the living conditions of these socially priviledged, of which the poor child is acutely conscious, constitutes a serious factor in the etiology of juvenile delinquency. The children are also frequently led into delinquency by peers who have repeatedly managed to steal without being apprehended and who thanks to this can afford various entertainments. The youth learn how to acquire money by illegal means from newspapers and the cinema which show offenders with a great deal of tolerance, even sympathetically, and where the victims of criminal activities are often significantly morally inferior to the offenders (...). The fact of theft alone does not in the least indicate an antisocial attitude. Had the needs of the child been adequately understood at home, had the society enabled him to enjoy the values which is almost impossible to do without at a certain stage of development, we would not have witnessed a significant majority of the thefts committed by children (...). It is only in prison and in a typical corrective institution where the individual who has infringed certain rules of the law develops criminal attitudes through remaining in a criminal environment”. Professor Batawia declared himself against those criminologists who concentrated on sociological or psychological problems only, as this could lead to one-sided conclusions. Although he was a psychiatrist himself, he criticized the one-sidedness of research work caused before the war by the monopolization of criminological studies by psychiatrists. Criminology is an interdisciplinary science; what is therefore necessary is a comprehensive approach to the studies of crime and offenders. A research group engaged in such studies should include a lawyer as well as a sociologist, psychiatrist and psychologist; (this view is well illustrated by the choice of staff at the Department of Criminology, amongst which representatives of all the branches mentioned above are to be found). The notion of interdisciplinary character of criminology is also evident in the themes and concepts of Professor Batawia’s researches, in the methods applied by him, in the elaboration of the results and in the consequent conclusions which take into account the entire complexity of the problems discussed. In his book published in 1939, Professor Batawia severly criticised the one-sidedness of theoretical approach. He radically disposed of the arguments of the anthropological school in criminology. The book ended with, the following words: „The problem of chronic criminality can only be solved by means of social reform and reforms of criminal policy. Don’t let us make biology responsible for sociological phenomena”. He also stated before that crime was a social phenomenon par excellence, and thus an offender could not be considered apart from his social background. He expressed his „criticism towards the authors who wanted to reduce various attributes of an offender to the common denominator of pathology”. He particularly criticised the notion of psychopathy as vague and very unprecise, falsely identified in certain works with social harmfulness and asocial or antisocial behavior. At the same time he attached great importance to the problems of psychopathology, which allow to understand deviant behavior of offenders with personality disorders. He considered it necessary to take into account the psychiatric perspective to assume a proper attitude towards a number of essential criminological problems, in particular to that of recidivism. Professor Batawia considered it inappropriate to base criminological studies on very general concept of „offender”, which denotes different individuals „who were given the common name only because ' they had been united by the most general qualification of the Penal Code”. The offenders are by no means an homogenous category of persons whose behavior could be explained by one adequate theory. Criminology should seek etiological explanations concerning different categories of offenders. This principle was strictly observed in his studies. It resulted not only from his scientific experience and opinions, but also from his entire attitude towards man, in particular towards the offender: he assumed the need for an individual approach and treatment, for considering various individual problems of the examined persons, as those problems never repeated themselves „in the whole of their pattern in other cases, even in the most similar ones”. In clinical research, according to Professor Batawia, the problems under examinations should be approached genetically and not statically; one should go back in one’s studies, not confining oneself to the facts revealed during the investigation, „Only a genetic point of view can reveal a real face of an offender and show the actual background of thousand of common offences, committed most frequently by people whose life conditions have led them to crime and then connected them with it strongly, and who, offenders as they were, did not cease to be individuals similar to others from the same social environment”. The studies conducted by Professor Batawia tended not only to reveal the determinants of antisocial attitudes of the examined persons which had occured since their childhood. Also their subsequent social development and further fate were followed covering the period of many years (10 and more). Such longitudinal studies, introduced by Professor Batawia into Polish criminology, enabled the proper estimation of the persistence of criminal careers and of the efficiency of the measures taken against the offenders. The methodological attitude of Professor Batawia was characterized by great criticism. He himself formulated the conclusions of his studies with extreme caution, criticising severly inconsiderate generalizations in some criminological studies as well as improper methods employed in others. He was of the opinion that „when beginning an investigation, one should forget in a way that it is an offender who is to be examined, and try to study him quite apart from the delinquent act itself, and thus to prevent the crime from influencing one’s judgment”. He considered it wrong to restrict the studies to offenders in prisons and corrective institutions only (as it was often the case in the early criminological studies), and postulated the examination of an offender in his own natural environment; in the case of prisoners, he advised particular prudence in generalization of the results on other categories of offenders. In criminological research, Professor Batawia attached great importance to the method of obtaining information and to its critical appraisal. He pointed out the great - and often underestimated - importance of the reliability and validity of information from which the results are to be obtained. It is of particular importance in the case of information gathered through the interviews. Professor Batawia considered it advisable to verify the data as far as possible by the means of information obtained from various sources. The studies he conducted were never restricted to interviewing the offenders alone: also interviews with their families were carried on, as well as the use was made of data from their criminal records, from court and prison files, and, if necessary, opinions were obtained from schools and employers, as well as data from sobering-up stations and medical and psychological records. In the case of any discrepancies of information from various sources, it rested with the researcher to decide which to consider valid, as it was he who took care of the whole of the study and was in personal contact with the examined person. In criminological studies, according, to Professor Batawia, the data should be gathered by persons properly prepared to the task, that is those who know the problem to be investigated, have been instructed as to the actual study (that is, as to its object, methods and the notional apparatus), who have the easiness of coming into contact with the examined persons and of interviewing them. He himself gave an example of such skills, experience and infallible intuition which allow one to perceive the problems most vital for the given individual; he also gave an example of an attitude of kindness and confidence in man which induces even social outcasts and rebels to frank statements. The scientific worker who is to conduct an empirical research study in the field of criminology, should - according to Professor Batawia - not only be the author of the project of the study, its manager and organizer, but should also participate in it personally. It is only an active personal participation that lets one perceive the whole of the vital problems connected with the given issue. He himself acted in this way, taking part personally in the majority of the studies conducted by the Department of Criminology, going, sometimes in spite of his bad state of health, to juvenile delinquent institutions or to prisons and carrying on personally the psychiatric examination of offenders. Besides, personal participation, the contact with the person under observation, and interest in his problems were indispensable to the Professor himself, too, as his outlook on life was first of all that of a clinician. The research was for him never the collecting of scientific data alone: he induced in it the elements of psychotherapy and, if necessary, of actual assistance. One could learn a great deal assisting the psychiatric examination conducted by him. Personal participation in the study served still another purpose: that of training of scientific researchers in the field of criminology. The conception of training of scientific staff, as realized by Professor Batawia, assumed the teaching of methods of research through active participation in the study, through attendance to examinations carried out by the Professor himself, through group discussions on the results of individual investigations and on the theoretical problems related to them. In instructing his personnel, Professor Batawia was exacting, conscientious as to the reliability, precision and detailed recording of the data they gathered, as well as to the exact formulation of results. It was a hard school, and yet the students were always cheered up by the Professor’s great kindness towards them, his warm interest in their problems, and his readiness to assist them. Professor Batawia was connected with „Archiwum Kryminologii” in a singular way: as the editor, back in the pre-war period (since 1933) of „Archiwum Kryminologiczne”, a publication of the Department of Criminology of Warsaw University, and as the founder and editor-in-chief of „Archiwum Kryminologii” from the very beginning of its existence after the war (the first volume was published in 1960) until the present volume, appearing after his death, and yet prepared by him personally. Professor Batawia created the editorial of „Archiwum Kryminologii”, a publication to present the results of empirical studies initiated by the Department of Criminology. He also prompted the subject matter of works published in „Archiwum Kryminologii”. In the volumes published so far, the total of 41 works have been inserted. The subject matter of the research studies conducted by Professor Batawia was broad. It included the problems of juvenile and young adult delinquency as well as that of socially maladjusted children. It also included the problem of recidivism which had not been previously much studied in Poland, the problem of mentally abnormal offenders and the question of alcoholism, as well as the phenomenon of hooligan offences which is closely related to that of alcoholism. Professor Batawia dealt also with drug addiction and toxicomania among the youth, and with the problems of forensic-psychiatric expertise. In the years 1946-48 he examined in prisons the German war criminals convicted in Poland for crimes committed during the Nazi occupation, among them he examined Rudolf Hoess, the commandant of the concentration camp in Auschwitz. The results of these studies supplied sociological and psychological material of great importance, which enabled to understand how a socially harmless individual became one of the major war criminals under the influence of historical events, social environment and the ideology of national socialism. The discussed results are an important document, a serious warning against the dangers of the Fascist ideology. Until 1951 Professor Batawia was member of the Praesidium of the Main Commission for Studies of Nazi Crimes in Poland and the editor of 7 volumes of „Bulletin” published by the Commission, which contained records on the crimes committed by the Nazi occupants. Many of his studies - both conducted before and after the war - were devoted to social maladjustment and delinquency of juveniles, which is a serious social problem, playing often an important part in the genesis of adult delinquency and recidivism. The social destructiveness of juvenile delinquency does not lie in the damage caused by the offences commited by the juveniles but in their social maladjustment and demoralization often accompanying their offences. A lot of children steal because their various needs have not been satisfied. When considering their thefts, one should also take into account the phase of their mental development. As it is the case with many juveniles brought before the court, they are in the period of puberty when the child’s mental balance is upset, and the lack of experience and critical judgement accompanied by openness to various influences, exuberance of impulses and birth of new needs can together - in a particular complex of social relations - contribute to the child’s committing of an offence. It is the period of entering new wider social circles: peer groups, school and even professional circles, the period of confrontation of the hitherto existing outlook on life with what one sees around. It is thus the period of arising conflicts which are usually met without understanding by the closest environment. All of this points to the importance of the keen analysis of the situation and features of a juvenile delinquent and of the educational and not penal character of the measures adopted towards him. „One must not attach any particular importance to the mere fact of occasional theft committed by a child (...). The essential problem is if and how is that theft accompanied by other symptoms of disorders in the entire behavior of that juvenile”. Those disturbances in the whole of the juvenile’s behavior (also defined as social maladjustment) require as early as possible a social interference of a protective, educational and also - if necessary – therapeutical nature. The need for early interference in the case of the category of socially deprived children, and also in the case of children brought up in the conditions which endanger their normal development, was an important conclusion of the studies of juvenile delinquency conducted by Professor Batawia. The studies pointed to the fact that juvenile delinquents were frequently brought up in socially deprived families, and that the process of their demoralization, going on for a long time before the action in court, had not met with any sensible counteraction. Particularly grave is the problem of delinquency of younger juveniles, as it has repercussions on recidivism, and as such calls for a keen investigation. In the prevention of the process of demoralization, the school should play an important role, with the methods of work so modified that „the care of this category of children were regarded not only as a particular duty, but also as a matter of special social importance”. The school should co-operate in this field with the sufficiently extended net of psychological and educational centres which would make inquiries into the conditions of life and the personality of the child before the proper measures were adopted towards it. It is also essential to organize a large enough number of part-time boarding; schools.  In the discussion on the draft of the act on fighting juvenile delinquency which was to supplement the regulations of the new Penal Code, Professor Batawia took a strong line in the question: since in our conditions juvenile courts should be the authorities having jurisdiction over juvenile delinquents, they would be protective and educational of character, and they had already gained a large output and a qualified staff in our country. He argued that the matters of so important social effects must not be transferred to social commissions, institutions yet to be organized, lacking any tradition whatever in our country, the members of which - willing as they might be - would have limited power and authority. According to Professor Batawia, the demand for adopting educational measures and correctional treatment only should be valid regarding young adult offenders. Young adults are not as yet mature and are in the period of settling out of an outlook on life and a moral sense, as well as that of a large susceptibility to environmental influences. The sanctions adjudicated towards young adults should not be connected with the deprivation of liberty; a small category of young adults, socially demoralized to a large extent and revealing tendencies to rapid recidivism, should be treated in special institutions of rehabilitative and correctional character only. When Professor Batawia stipulated for such treatment of young adults, the Polish Penal Code did not provide for any separate measures for this category of offenders. „Until we change thoroughly our system of sanctions towards young adult offenders, our struggle against the chronic delinquency will be fated to fail” – he wrote as early as in 1937. Professor Batawia also pointed to the fact that the work of approved schools, a weak point in the whole of the problem of juvenile delinquency, should be based on the idea that „delinquent acts should be regarded as symptoms of inability to social adaptation and deficiencies of character, and these very features should constitute the matter of interest of the tutor”. The problems caused by the youth in an approved corrective school shoul not be regarded as a mere lack of discipline or mischievous insubordination and treated as such by means of frequent punishment as the only remedial measure. From the pre-war period, the problem of recidivism was also the subject of the Professor’s studies: juvenile, adolescent and young adult recidivists, those revealing pathological mental characteristics, and the so-called incorrigible criminals, which was a notion included in the Penal Code of 1932. Professor Batawia criticised it in his pre-war works, considering no one entitled to use the term „incorrigible offender”. In spite of the appearances of incorrigibility, the chronic offenders can - as the studies prove - cease to commit offences. Also, independently of the genesis of their first thefts and of the process of demoralization, „the subsequent delinquency and incorrigibility of such an offender is closely related to our attiude towards the phenomenon and to the faults of the criminal and penal policy. Professor pointed also to the fact that from the criminological point of view the notions „recidivism” and „recidivists” had a very broad denotation: an individual qualified as recidivist on the grounds of the law may prove a casual offender, and even among multiple recidivists a variety of criminal types are to be found whose tendencies are asocial rather than antisocial. Most recidivists have been socially maladjusted to a considerable degree since their childhood, have been regularly drinking excessively from their early age, often with symptoms of alcoholism already, and many of them reveal personality disorders. Thus the problem of juvenile and young adult delinquency and recidivism and an early proper intervention are essential, if still underestimated. As a prolonged isolation of recidivists proves ineffective, freedom or semi-freedom measures should be more often applied, as well as release on probation with the subsequent aftercare which would make the later readaptation easier. On account of personality of some young adult recidivists, and of their alcoholism, one should be prepared for the fact that the sanctions adjudicated may often not produce an entire change of their social attitude. An obligatory automatic increase of penalty for committing a new offence is groundless. The Code should provide for the possibility of substantial and not only formal estimation of the recidivist’s improvement. Those postulates were reflected by the introduction of Art. 61 into the new Penal Code. Professor Batawia also gave attention in his works to the problem of alcoholism and regular excessive drinking, and their relation to delinquency. The relation is twofold: on the one hand, it consists in the negative role of the alcoholic’s family and the psychological problems it creates in the genesis of the process of his social maladjustment; on the other hand, it lies in the significance of excessive drinking in the etiology of some kinds of offences and in the increase of the proces of demoralization. At the same time, the most important effects of regular excessive drinking lie not in delinquency but in all the problems caused by alcoholism in everyday life and in the life of families. Studies of juvenile delinquency, often revealing alcoholism in the families of the examined juveniles, tended to put foreward the demands metioned above. They called for an early intervention in the case of such children and their families and of extension of the protective and educational possibilities hitherto existing in our country. The work by Professor Batawia Społeczne skutki nałogowego alkoholizmu (Social Effects of Alcoholism), published in 1951, initiated this kind of research in Polish alcohology, revealing the social aspects of alcoholics’ personality. It also exhibited the tragic situation of the families of those alkoholics who had not yet been put in hospital, though they should have been sent there long before, and who still had a clean record in spite of the fact that they kept ill-treating their wives and children and depriving their families of various goods and money in order to buy themselves alcohol. The postulate enclosed in this work aimed in two directions. One was the fight against the „common phenomenon of regular excessive drinking among hundreds of thousand of citizens, many of whom gradually turn into alcoholics”. This fight should assume the range of a broad social action, well-planned, energetic and supported by the law. It was the Professor’s persistent reasoning and his art of gaining over others to this cause, that led to the involvement of various people in social organizations and institutions, and subsequently to the resolution by the Seym of one of the best laws on combating alcoholism in the world. The second line of the Professor’s postulates (also reflected in the purview of the law) concerned alcoholics who should be treated therapeutically, and the diagnosis of alcoholism should result in compulsory treatment; thus the development of specialists health service is necessary, in particular, the establishment of a proper- number of clinics for alcoholics. In his later works, Professor Batawia fixed his attention on the problem of particular social importance, that of excessive drinking among the youth and the need for early recognition of the outset of alcoholism which now occurs much earlier than it was the case years ago; what is more, among a certain category of young adults who early became heavy drinkers, the course of alcoholism is often rapid and severe. Professor Batawia devoted his last study to the problem of young adult alcoholics subjected to compulsory treatment, whose intensity of drinking and deviant behavior had been particularly high, both processes having begun in their early youth. The study is unique of character, as it concerns the age (up to 25) when alcoholism is extremely rarely revealed. The treatment of this category of alcoholics should also be therapeutical. Also prevention is of a special importance here, the activation of teachers and tutors of all schools in the field of identification, protection and proper guidance of the large category of children with initial symptoms of social maladjustment and those from alcoholic families. Even if regular excessive drinking is first of all determined by the social cultural factors, therapeutic medical intervention should be undertaken towards the young people who drink repeatedly and often get intoxicated (that is those who repeatedly visit detoxification centres, are apprehended as drunk by the police, have been several times convicted by the Penal Administrative Commission for offences committed in the state of intoxication). It is important to increase the number of detoxification centres where drunk people would be treated as patients in hospital; such centres would also diagnose their patients. It is also important to enlarge the number of institutions for withdrawal treatment and guidance centres for the youth, as well as to introduce the industrial health service into the system of withdrawal treatment and to synchronize the activities of various institutions dealing with alcoholics in their everyday practice. When planning such a system, one should, however, take into account the entire complexity of problems connected with alcoholism and regular excessive drinking as well as the fact that the phenomenon of regular excessive drinking, causing negative effects in those drinking themselves and in their environment, is not in the least irreversible. It is, a complicated problem, requiring prolonged research, the results of which may allow a proper evaluation of this phenomenon. It was first of all the social consequences, and the practical importance of the problems, that constituted the criterion for the choice of the subjects in the studies conducted by Professor Batawia. Among them there was also the problem of „social parasitism”, much absorbing the social opinion, and the draft of the possible act to control it. Professor Batawia confronted the motion of „social parasitism”, vague and susceptible of various interpretations as it is, with the empirical data which indicate that the majority of those „shirking work” are heavy drinkers or alcoholics. Young adults less than 21 years of age shirking work but not drinking excessively often lack elementary education and professional training and are socially maladjusted; however, they must not be identified with those demoralized and committing offences. The change of their social attitudes cannot be achieved by repressive measures only. „It is indispensable to separate distinctly the tasks of socialization of such individuals from the functions of the common penalties inflicted on them for committing offences or contraventions”. The yet another problem studied by Professor Batawia was that of drug addiction among the youth, which he considered – refering to the results of various Polish studies - a minor problem in our country. In a very heterogenous population of young people taking drugs, two categories can be distinguished: that of young adults who take drugs only once or twice, which is a majority, and that of those taking drugs regularly, who are very few. Regarding this last category of individuals who narcotize themselves regularly and thus become drug addicts, the priority of medical treatment should be obligatory. The Professor’s works are also of great importance to forensic psychiatry. Among other things, he called attention to the necessity of including into medico-legal certification, apart from the normal state of inebriation and the state of pathological inebriation, also the motion of the so-called state of inebriation on pathological grounds, where certain features of the defendant’s personality could have significantly increased the effects of inebriation. He also studied the problem of reactive disorders often wrongly recognized by the prison staff as simulation, which actually require early diagnosis and treatment. He postulated the increase of psychiatrists’ participation in the works connected with the problems of readaptation of offenders, particularly in the diagnosis and treatment in the penitentiaries. The results of studies and their practical conclusions presented above reveal the essential trends of the Professor’s attitude towards the measures that should be adopted to the different categories of offenders and individuals with severe deviant behavior. It resulted from his profound humanism in his attitude towards man. He pointed to the need for individualization and adoption of measures which carry no discrimination nor the isolation from the normal social group, but which tend towards the readaptation (and, if necessary, medical treatment) of the individual exposed to them. He criticised the principle of general prevention. He pointed to the inefficacy and harmfulness of imprisonment which, if possible, should be restricted. He postulated a radical revision of the assumption which constitute the base of criminal and penitentiary policy towards a considerable number of recidivists. Without such a revision, the imprisonment would only contribute to the increase of antisocial attitudes. In the works concerning various criminological problems, Professor Batawia emphasized the importance of prevention and early intervention in the case of children and young people from socially deprived environment or revealing personality disorders. He declared himself against the therapeutical nihilism as regard both alcoholics and those offenders who were recognized as incorrigible. He was of the opinion that „the beliefs about the inefficacy of any treatment of alcoholics are wrong (...), it is groundless to abandon the treatment of young adults after the first therapeutical defeats”. He considered that the negative results of the measures adopted towards the offenders „should induce one to intense activities in the field of criminal policy reform”. He realized the difficulties connected with implementing those demands, as well as the need for the education and training of those who would properly conduct the readapting and therapeutical activities. He also realized that the problems of criminology were very complicated, and that our knowledge of various items, still insufficient, called for further laborious scientific research. And yet, seeing the entire complexity of the problems and the sometimes distant prospects of realization of some demands, Professor Batawia was not deterred from aiming at their introduction into practice with exceptional persistence, commitment and passion; at the same time, he took into account the instructions of practical realism, reckoning with the possibilities created by present circumstances. To the last days of his life, he considered it his duty as an educator to hand down to the others his opinions of the reforms and of practical solutions of criminological problems, which he did on various occasions: at conferences, during discussions on doctors theses and examinations qualifying for associate professor. It was alien to him to remain indifferent to the opinions, demands and activities which he considered wrong. The theoretical views which he enclosed in his works half a century ago now strike with their progressiveness, accuracy and immediate interest. Professor Batawia maintained an astounding unity of his opinions. He announced them with exceptional courage also when he was alone in his views - that is, on the turn of the 40’s and the 50’s, when Polish criminology was to suffer eradication, unjustly attacked from ideological positions. He was distinguished by his inflexibility, intransigence and his moral and civic attitude which constitute the example for all of us.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 7-24
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Młodociani i młodzi recydywiści w świetle badań kryminologicznych część pierwsza
Young recidivists (aged 17-25 years) in the light of criminological research part I
Autorzy:
Batawia, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/699269.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
młodociany
recydywista
criminology
young
recidivist
Opis:
This work deals with the results of research carried out by Department of Criminology of the Polish Academy of Sciences concerning young male recidivists aged 17-25 who had been repeatedly convicted. The fundamental material consists of:100 young adult recidivists (aged about 20 on on the average) investigated in prisons in the years 1957/58. Follow-up studies comprise the period of 7-8 years; the average age of those investigated amounted recently to 23; 6 years.100 recidivists, aged 21-25, investigated in prison (their average age being 23 years and 6 months), 60 of whom were subjected to detailed investigations in the years 1961/62. Follow-up studies comprised the period of 3 years; the average of the investigated amounted recently to 26;8 years.The additional material incrudes results of the follow-up studies concerning 331 juvenile recidivists, investigated in various periods of time as of 1957: 1. 158 former juvenile recidivists (cases taken from the Juvenile Court) whose average age is now about 24; 82 of them still continue to commit offences, 2. 81 of former juvenile recidivists discharged from educational and correctional institutions, whose average age now amounts to 31; 50 of them still continue to commit offences, 3. Formerly irrvestigated 92 juveniles and young adults guilty of hooligan misdemeanours whose average age is now about 28; 52 of them still continue to commit offences. Moreover, while dealing with certain questions, results of the research concerning 1,394 juvenile recidivists, a part of whom has recently become young adult recidivists, were also utilized.The above material was chosen for the research in such a way as to satisfy the needs of representativeness.The task facing the investigators at the outset of the research in prisons with regard to young adult recidivists aged 17-20 in 1957 was the verification of the following hypotheses: such recidivists derive as a rule from among individuals who alreardy in their childhood displayed symptoms of social maladjustment and repeatedly committed thefts during their minority. Prisoners aged 17-20, domiciled in Warsaw or its environs, convicted for at least the second time after the completion of 17 years of age and imprisoned for the second time at least, were successively chosen for the research in prison without any selection whatever. After a check in Juvenile Courts it appeared that 90 out of 100 young adult recidivists were tried by Juvenile Courts (for thefts as a rule); on the basis of the information given by their mothers and themselves it has been ascertained that merely 9 out of the remaining 20 did not as juveniles commit thefts repeatedly. Only 9 % of the investigated recidivists did not display any symptoms of serious maladjustment in their childhood.In connection with these results of the research, in 1961 investigations of recidivists aged 21-25 were initiated in the Warsaw prisons. Recidivists of that age who were convicted at least twice and imprisoned for at least the third time were qualified for this research, the purpose of which was to find out a) whether also among recidlvists older than the previously investigated recidivists of 17-20 there are as a rule individuals who began to commit offences as juveniles (under 17), b) and to reveal, in cases when delinquency and recidivism begin at after the completion of 17-18 years of age, the factors influencing the subsequent beginning of the process of social degradation.In course of one year, there were in two Warsaw prisons 259 recidivists aged 21-25, convicted at least twice and imprisoned for at least the third time. After a check in the Juvenile Courts it appeared that 153 of them (59 %) were formerly tried by the Juvenile Courts. Since they constituted an analoguous population in relation to the previously investigated 100 recidivists aged 17-20, they were not included in the research. No information could be obtained at Juvenile Courts with regard to the remaining 106 recidivists aged 21-25 as to their committing offences before the completion of 17 years of age. In course of detailed investigations of 60 out of 106 recidivists, it has been asserted on the basis of interviews held with them and their nearest relations, that 27 % of these recidivists repeatedly committed thefts already in their childhood. Thus, when these results were calculated in relation to the entire population (259) of 21-25 years old recidivists, it appeared that individuals whose delinquency began in their childhood (minority) constitute 70 % of the total. Recidivists who began committing offences after the completion of 17 years of age constitute only 30 % of the total.Below are presented the data relating to the deliquency of 100 recidivists aged 21-25, supplemented by follow-up studies in course of a three years period (their age already amounted to 24-28 years).Among recidivists aged 21-25, only 44 % were tried 3 times after the completion of 17 years of age, and 35 % were tried 5 times and more. After a lapse of 3 years merely 20 % of recidivists three times tried were left while already 58 % of recidivists were tried 5 times and more 24 % were tried 7 times and more).The average length of time spent on liberty between particular arrests in connection with instituting of new judiciai proceedings, was as follows: it did not exceed 6 months for 26 % of recidivists, it amounted to 7-12 months for 37 %, 13-18 months for 19 % and did not exceed one year and a half for merely 18 % of recidivists.63 % of recidivists remained on liberty between subsequent arrests at most one year on the average and 82 % less than year and a half. The age at which first judicial proceedings were instituted against recidivists after their completion of 17 years of age was as folows: 17-18 years for 57 % of recidivists, 19 years for 13%, 21-22 years for 10 % and 23-24 years for 2 % of recidivists. During detailed investigations of 60 recidivists it appeared that they could be divided into two groups: Group A (34) consists of individuals, who were first tried at courts aiready at the age of 17-18 and probably committed offences before. These recidivists are seriously socialIy degraded and at leasts 40% of them are closely connected with the criminal environment, 56 % perpetrated robberies. 62 % were tried six times and more at the age of 24-28 years. Group B (26) consists of individuals of whom 69 % were first tried at courts only at the age of 20 and over and only 39 % were tried six times and more. They are less socially degraded, their deliquency being closely connected with alcoholism. An analysis of deliquency of the seriously socially degraded recidivists from Group A permits to assert that offences against property constitute 55 % of all the offences for which they were convicted, while offences committed under the influence of alcohol - against authorities (mostly insults and attacks on the policemen) and against person (infringement of bodily inviolability, assaults occasioning actual bodily harm) constituted 27 % of the offences committed. Theft (burglary or larceny), the typical offence against property, constitutes 70 % of all offences against property. A relatively large numer of offences against authoritiers, mostly against the policemen and against the person, committed under the influence of alcohol, indicates at once that frequent abuse of alcohol must also play an important role in the delinquency of the Group A recidivists, especially as practically all their robberies were committed in the state of drunkenness.Detailed investigations have shown that 80 % of these recidivists already drank alcoholic beverages several times a week before the completion of 18 years of age and now as many as 56% display symptoms of alcohol addiction although their average age is only 26;6 years. The delinquency of the less demoralized Group B differs from that of the Group A. The percentage of offences against property is only 28 %, most of the offences were committed under the influence of alcohol and offences against the person amount to 18 %. At the time of the research that group did not contain individuals connected with criminal environment or with professional criminals and the thefts they committed were not serious. Ten out of 26 recidivists did not commit offences against property at all. The percentage of alcoholics in that group is as high as 61,5 %; all the others drink large quantities of alcohol several times a week. A group of recidivists, similar to Group B now under review, appears also among the previously investigated 100 recidivists aged 17-20. After a lapse of 8 years, recidivists of that group whose offences against authorities, infringement of bodily inviolability and assaults occasioning actual bodily harm perpetrated under the influence of alcohol, amount to three fourths of all the offences committed, constitute 21 %. Likewise, among the formerly investigated 158 juvenile recidivists now aged about 24, the seriously socially degraded recidivists, who for the most part commit offences against property (analogously to Group A) constitute 42 % and recidivists committing offences mostly connected with abuse of alcohol (similarly to Group B) 25 %.Similar populations of recidivists also appear in other follow-up studies among the other formerly investigated juvenile recidivists. In each of these populations there exists at present a group (less numerous) of adult recidivists whose typical offences are not thefts but offences against authorities and against the person.In connection with the intensified alcoholisrn of the investigated recidivists it should be remembered that these recidivists cannot be identified with the typical aicoholics who commit offences. Apart from the fact that not all alcoholics commit offences, indiviluals who where not tried at courts under thirty years of age can usually be encountered among the convicted alcoholics. The period of time from the beginning of a frequent abuse of alcohoI to the appearance of the first symptoms of the alcohol addiction usually lasts 5-7 years and before the syndrom, characteristic for chronic alcoholisrn becomes manifest a few more years elapse. Delinquency of the alcoholics usually becomes a secondary, late phenomenon, connected with personality deviations and difficult living conditions resulting from a long period of systematic drinking.The delinquency of the alcoholics is besides less intensified and less serious. Therefore, recidivists who became alcoholics only after a lapse of a certain period of time, should be regarded from different points of view than those alcoholics whose delinquency made its appearance considerably later.All investigated recidivists (except 9) aged 17-20 began to commit thefts already at school-age, most of them under 13 years of age and only 30 % of recidivists aged 21-25 were tried at courts for the first time at the age of 20 and over. Thus, the beginning of delinquency and recidivism occurs in most last cases only at the initial stage of a systematic abuse of alcohol which cannot be identified with alcohol addiction.Nevertheless at the time of the research already 53 % of the investigated recidivists were alcohol addicts despite their youth, a fact which ought to be considered in connection with the early beginning of the abuse of alcohol by an overwhelming majority of persons investigated. A large percentage of alcoholics among the younger recidivists also indicates, that the question of personality disorders reveals itself as a problem deserving particular consideration.This work deals in the first place with the question whether the investigated recidivists displayed any symptoms of social maladjustment at their school-time and whether they constitute an analogous population to that of juvenile recidivists who according to other investigations conducted Department of Criminology show tendencies for reiterated perpetration of offences also after the completion of 18-20 years of age.As is well known, a part of juvenile delinquents cease to commit offences in their later years. The question what sort of juvenile delinquents stops committing offences and can be considered resocialized and what still continues to commit them at the age of 20-25, is important from the viewpoint of the problems of recidivism.It has been asserted with regard to 185 juvenile recidivists after a lapse of ten years when their average age was 23;9, that at least 32 % of them were seriously degraded and continued to commit offences frequently. (The percentage of former juvenile recidivists, considered fully resocialized, was only 33 % after 10 years). Among 81 juvenile recidivists discharged from correctional and educational institutions 44 % continued to commit offences after a Iapse of 13 years, (their avelage age already being 31). Regarding another investigated population of 92 juvenile and young adult perpetrators of the so-called misdemeanours of a hooligan character who often abused of alcohol, it has been asserted after the lapse of 11 years when they were already 28 years old, that 56 % of them still continued to commit offences. An analysis of the results of those investigations revealed, that juvenile recidivists who did not cease committing offences after the completion of twenty old years of age, displayed important symptoms of social maladjustment since their childhood and began to commit offences at an earlier stage than those juvenile recidivists who later reformed. Non-attendance at school, truancy, considerable retardation in learning, spending their time with demoralized companions, alcohol drinking etc. were particulary intensified as regards those juveniles who continued to commit offences after 20 years of age. The investigated young adult recidivists (aged 17-20) and the most degraded recidivists of 21-25 (Group A) constitute a population analogous to those population which are encountered among the formerly investigated juvenile recidivists who did not cease to commit offences. Out of 100 recidivists aged 17-20, 58 % attained only 6 grades at school (a half of them ceased to attend school at the age of 11-13), 77 % played truants systematically (practically all of them have done so already in the first years at school), 58% ran away repeatedly from home (three fourths of them started running away before they were 12) and as many as 61 % drank alcohol more often than once a week before the completion of 17 years of age. Only 13 out of 100 recidivists who later ceased to commit offences did not display serious symptoms of social maladjustment at school.Among the seriously socially degraded recidivists of 21-25 (Group A) only 35 % finished elementary school while most of them stopped attending school after 5 grades. Truancy, repetition of grades, early contacts with demoralized boys, often older than themselves being absent from their home for many hours every day, drinking alcohol etc. are typical phenomena. Dislike for all work, quick abandoning of work, frequent changes of employment follow at a later period. None of them ever worked systematically; some of them soon contrived to establish contacts with the criminal environment. Practically all of those recidivists have already first tried at courts art the age of 17-18. Recidivists whose delinquency began at a later tirne (Group B) and a part of whom did not commit offences against property, differ from the former. At the time of the investigations, that group did not include any systematically stealing individuals involved in the criminal background or such who had never worked for their living. It appeared, however, that these less demoralized recidivists who have been drinking alcohol for a long tirne now and among whom, despite their youth, there were 61,5 % of alcoholics, displayed in their chirldhood symptoms of social maladjustment similar to those shown by the more socially degraded recidivists of Group A. These symptoms were more definite regarding those who later committed thefts than those recidivists-alcoholics who did not commit ofences against property (there were but ten of the latter, however). Besides, the former had a more negative attitude to work already in their early youth, although in Group B only 3 recidivists have worked rather systernatically. Typical for ałl the rest was occasionaI work and frequent changes of employment. As is seen from the above, practically all investigated recidivists aged 17-20 and 21-25 already in their childhood displayed symptoms of social maladjustement, which shourd be considered in connection with certain personality disorders. 6. Another question dealt with in Part I of this work is the problem of family environments from which derive the recidivists aged 17-20 and 21-25. It is fitting to mention that after the end of the war in 1945 their average age was 7-8 and 6-7 years; thus, the early childhood of these recidivists coincides with the time of war and occupation. Only 45 % of recidivists aged 17-20 and 51,7 % of recidivists aged 21-25 were brought up families in which were both parents. 32% of the former lost their father when they were under 7 years of age and 16 % under 15 while the figures for the latter are 22 % and 18% respectively. 40 % of young adult recidivists and about 50 % of recidivists aged 21-25 had alcoholic fathers, step-fathers or mothers men-friends living with them. Family environments were classified as negative in 62 % and 70 % with regard to both investigated populations; recidivists more degraded derived from worse family environments than those less antisocial. In connection with the above results of the research this work provides data relating to family environments of the formerly investigated juvenile delinquents of whom a part was born during the war or just before its outbreak (596 cases) and a part after its termination (758 cases). A confrontation of the data relating to family environments of those two populations permits to determine the existence and nature of differences in family environments of recidivists born in these two different periods of time. Following conclusions can be drawn from an analysis of the results of this research: Juvenile recidivists born during the war or just before the war were brought up in the broken families in a larger percentage (51 %, 52 % and 70 %) than juvenile recidivists born after its termination (39% and 34 %). The negative home environment appears, however, in the similar percentage regarding both the former (45 %, 40 % and60 %) and the latter (44 % and 58 %); homes of good educational atmosphere are scarce and do not exceed 19 % - 22 %. Data relating to alcoholism in homes are formed in much the sarne way (55 %, 54 %, 51 % - 58 % and 53 %). Results of investigations of 158 juveniles committing thefts (recidivists constitute 71 %) most of whom were born already several years after the war deserve special consideration. That research covered all juveniles tried for thefts in course of one year at one of the Juvenile Courts in Warsaw. 58 % of the investigated juveniles derived from homes classified as negative family environments (only 20 % of homes deserved a positive appraisal). A statisticaily significant relationship between recidivism and the negative home environment was ascertained at the same time. The same significant relationship between the negative home environment and a further recidivism, estimated on the basis of follow-up studies covering a period of 10 years, applies to another research comprising 158 juvenile recidivists.Thus the abnormal family structure and highly unfavourable home conditions under which the childhood of most of the investigated recidivists aged 17-20 and 21-25 was spent, are typical also for the investigated populations of juvenile recidivists displaying tendencies for further recidivism. Next volume of the "Archives" deals with the problem of personality of the investigated recidivists and with certain questions connected with the erroneous penal and penitentiary policy which is contributing to the process of their social degradation.
Źródło:
Archiwum Kryminologii; 1965, III; 9-95
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kryminologia feministyczna
Feminist Criminology
Autorzy:
Rekosz-Cebula, Emilia
Powiązania:
https://bibliotekanauki.pl/articles/698592.pdf
Data publikacji:
2014
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
femiznizm
kryminologia feministyczna
teorie kryminologiczne
feminist criminology
Opis:
This article discusses the defining characteristics of feminist criminology. Given the sheer volume of materials and data on feminist criminology, I have selected only those aspects which I believe enable it to be described as completely as possible. The theoretical and methodological premises of feminist criminology are discussed first. The focus is on the key concepts and methodological research principles that distinguish feminist criminology from other trends in criminology. The existing literature on feminist criminology is then presented to show the extent to which the topic has been explored both empirically and theoretically. The diverse interests of feminist researchers, both male and female, are also apparent in the next aspect of feminist criminology, viz. the divisions and different strands of feminist thinking on criminology. Those that appear most frequently in the literature are discussed. The premises, areas and variants of feminist criminology have to be described before questions can be asked about its status and its future. The status and future of feminist criminology are, I believe, the two key components of any discourse on the feminist perspective. As such, they are discussed as well. The final aspect of feminist criminology is its definition. This is derived from the topics mentioned above.
Źródło:
Archiwum Kryminologii; 2014, XXXVI; 7-30
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kapitał społeczny a przestępczość
Social Capital and Crime
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/698880.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
kapitał społeczny
kryminologia
social capital
crime
criminology
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 113-118
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kierunek biologiczny we współczesnej kryminologii
Biological Trend in Contemporary Criminology
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699136.pdf
Data publikacji:
1984
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
biologia
kryminologia
zachowanie
środowisko
biology
criminology
behaviour
environment
Opis:
     Discussions of the relationship between biological factors and criminality have a long tradition in criminology. During the first stage of development of positivistic criminology, they constituted a predominant trend in the study of etiology of crime and delinquency. Then, with the future development of this school, they became one of its major lines, together with the study of cultural variables. The controversions between adherents of these two trends of the positivistic school resolve themselves into the essential question nature or nature. In other  words, is a given human behaviour (e.g., criminal) a result of the man’s biological equipment, or was it influenced by the course of the process of upbringing in the broad sense. In different periods one or the other of these approaches predominated. Now it is generally considered that both nature and nurture regulate human behaviour in the process of constant interaction.        Contemporary students of the role of biological factors in the etiology of crime abstain in general from attributing to these factors the conclusive role in  the formation of criminal behaviour. Instead, they maintain that in certain circumstances a given biological factor may contribute to the appearance of behaviour which  departs from the norm. In principle, biological factors may be divided into those which contribute more directly to the appearance of criminal behaviour, and those which exercise only an indirect influence - in interaction with environmental variables. The first group consists of such variables as tumours and other pathological injuries of the central nervous system, some forms of epilepsy and certain types of hormonal disorders. In a sense, all the above variables are directly connected with behaviour disorders which, in certain situations, may lead to the appearance of criminal behaviour. These regularities concern a small percent of offenders only, so general conclusions can not be drawn on this ground as regards biological conditions of delinquency.      Among biological variables which influence behaviour problems (including criminal behaviour) indirectly, in interaction with environmental  variables, the following are  included in general: effect of prenatal and birth complications on the development of the child's central nervous system, minimal brain dysfunction and  their correlates factors connected with heredity, chromosomal abnormalities (particularly XYY syndrome), and various psychophysiological variables related to the conditioning of behaviour. These variables can not be  said to cause in themselves behaviour disorders favourable to crime and delinquency; it is imperative that particular environmental conditions arise for these disorders to appear. Thus in this case we deal with the effecti of different variables conditioned by class or environment, on the individual's biological formation and the role of the relationship between biological and environmental variables in shaping of man's adaptivity, including his ability to behave according to the norm.       In the present article, a review of the contemporary studies of the above problem has been made.       It has repeatedly been discovered that, in environment which is economically and socially unpriviledged, there are decidedly more prenatal  and brith complications which are favourable to injuries of the child's central nervous system. Such injuries positively hinder social adaptation,  particularly if the influence of environment in which the child is brought up is negative. The same may be said about the role of minimal brain dysfunction in the  formation of the child's social attitudes. Here also, the influence of the environment may intensify the effect of the biological factor. In the studies of genetic determination of abnormal behaviour, results were obtained which indicate that in the etiology of such behaviour, hereditary factors are of some importance, while environment often  „intensifies” the effect of genetic  factors.       The approach which is characterized by the search for the connection of both biological and environment variables with behaviour disorders (including criminal behaviour) has a strong position in Polish criminology thanks to the works of Professor Batawia and his associates.      In the final of the article, the importance of disclosures as regards the role of biological factors in the etiology of delinquent behaviour in the field of crime prevention has been discussed.
Źródło:
Archiwum Kryminologii; 1984, XI; 123-141
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Prognoza recydywy u nieletnich przestępców oraz wyniki badań prognostycznych 180 recydywistów w wieku 15-16 lat
Prediction studies on juvenile recidivists
Autorzy:
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699316.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
nieletni
przestępca
recydywista
criminology
recidivist
juvenile
delinquent
Opis:
Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Nonetheless, despite these reservations, individual predictions of recidivism of juvenile delinquents are to all practical purposes a constant factor in the decisions of the law courts. The essential problem therefore is not whether it is possible to make individual predictions, where there is always a chance of error, but how to arrive at predictions a large proportion of which will be correct. Literature in the field of criminology devoted to this subject distinguishes the statistical and clinical methodes of prediction. These two methods were studied by the Department of Criminology of the Polish Academy of Sciences. The object of the study was to investigate a number of questions that were raised by research conducted in other countries on the Department's own empirical material.Below are given the problems related to the subject of clinical predictions: 1. Since clinical predictions play an important role in present practice it was advisable to learn to what extent the predictions made in our study were correct as regards juvenile recidivism. 2. It was equally important to discover how a given prediction was justified, what factors are considered significant in predictions made in individual cases. 3. It was resolved to make a study of the subjective aspects of clinical predictions: whether persons who received the same education and professional training tend to make the same predictions regarding the same juveniles? Whether predictions made by different persons for two groups of juveniles will prove to be accurate in the same extent? Problems of statistical predictions were related to the following questions: 1. Whether the predictive factors established in the projects carried out in other countries have any bearing in the predictions relating to juvenile delinquents in Poland? 2. It was resolved that predictive factors found in one group would be incorporated into the experimental prediction table and used in making predictions for another group. It was further resolved to check-up on the correctness of the predictions. In constructing the experimental prediction table the goal was not to construct a table designed for practical use but on the basis of our own experiments to identify the problems that arise when using a prediction table. 3. Special importance was attached to a careful analysis of cases where the predictions made with the aid of the table were incorrect. The research planned according to these guidelines was conducted in two stages. In the first stage clinical predictions were made and experimental prediction table was constructed for a representative sample of 15 and 16 year old recidivists of Warsaw. In the second stage data was tested on a new sample of 15 and 16 year old recidivists and instances were analyzed where the statistical predictions proved incorrect. The initial research embraced 100 recidivists of 15 and 16 years of age out of 202 recidivists, of the entife population of juvenile recidivists who in 1954 came before the juvenile court of Warsaw on charges of larceny and who were embraced by earlier research on juvenile recidivism conducted by the Department of Criminology. The earlier research yielded data on the after-conduct of the recidivists studied that covered a span of three years. It was established that 51 per cent of them commited offences in the follow-up period. First of all the clinical predictions on the 100 recidivists were based on the findings of environmental as well as psychological and medical examinations and without knowledge of the findings of the follow-up studies. Two psychologists who had experience in criminological studies made predictions for each of the 100 recidivists. The psychologists were not in touch with each other and did not estabiish joint criteria beforehand. Good behaviour was predicted if it was assumed that the recidivist would not commit any offences in the future, bad predictions were made if the feeling was that he could commit offences and uncertain if no definite decision was reached. If the two psychologists differed in their predictions they would discuss the subject and try to arrive at a consensus. The predictions made in this manner shaped up as follows: 18 per cent were good, 57 per cent bad and 25 per cent uncertain. There was a significant statistical relationship between the predictions and the commission or non-commission of offences in the course of the next three years by the 100 recidivists studied that may be expressed by a level of significance of p < 0.001. The bad predictions were correct in 70 per cent of the cases, the good in 83 per cent. Thus an overwhelming proportion of the predictions was correct and the proportiorr of uncertain predictions (25 per cent) inconsiderable. The problem arises what part do subjective factors play in the clinical predictions made by two different persons? Two separate predictions regarding the same juvenile agreed in 70 per cent of the cases. Greater agreement was found in the bad predictions (77 per cent) than in the uncertain (60 per cent) and the good (61 per cent) predictions. Moreover, there were large differences in the reasons given for the predictions issued to the same individual. The two psychologists frequently listed different factors in arriving at the same decisions. A great many factors were listed as reasons for the predictions which, based on an analysis of data relating to the individual cases, seemed to bear significantly upon the predictions regarding the juveniles studied. Among those mentioned were envinonmental factors, personality traits, demonstration of antisocial behaviour and information about the offences committed. The next step in the first stage of the project focused on statistical predictions. A study was made of the relationship between 23 factors and the behaviour of the 100 recidivists of 15 and 16 years of age under study over a span of three years. Account was taken of factors which were found significant in the prediction of juvenile recidivism by the research conducted in other countries and of factors which were seemed significant to the problem in the study of juvenile recidivism in Poland. It was established that a significant statistical relationship existed between the following factors and the continued antisocial behaviour of the subjects under study: 1) early age (below 11) of the onset of symptoms of demoralization, 2) early age of onset of antisocial behaviour (below 13), 3) persistent stealing, 4) membership in a group of delinquents or keeping bad company, 5) personality disorders, 6) drinking, 7) running away from home, B) Iack of schooling or work. The findings indicate that the early age of the onset of antisocial behaviour and the far-gone demoralization of the juvenile are important factors in predicting recidivism. However, no relationship was found, and this seemed strange and called for explanation, between recidivism and any of the factors that characterized the family environment. This contrasted with the findings of the previous study that embraced all the juvenile recidivists between the ages of 8 and. 16. The oldest of these were included in the present study. In order to find an explanation for the disparity an additional study, one that was not initially planned, was made of the 28 factors and their relationship to recidivism that continued over a period of three years among the youngest of the recidivists studied at an earlier time in the Department of Criminology. Toward this end 68 of the youngest subjects between the ages of 8 and 13 were isolated from the whole population of recidivists ranging from 8 to 16 years of age. It was found that the following factors had a statistically significant relationship with continued recidivism in the younger age group: 1) alcoholism in the family, 2) the home atmosphere, 3) lack of supervision by parents, 4) systematic truancy, b) early age of first symptoms of demoralization, 6) early age of first offences, 7) membership in a delinquent group, B) personaiitv disorders. Consequently, a slighty different set of factors ought to be taken into account when making predictions for younger recidivists. Environmental factors of the home are far more significant in predictions for younger delinquents. In older delinquents it was totally immaterial whether they came from a good or a bad home environment as far as predictions were concerned. A good home which had failed to guard a child of up to 15 and 16 years of age from becoming a delinquent couId handły guard the child against recidivism. In younger delinquents a good lamily atmosphere, excellent supervision, absence of alcoholism all are positive predictive factors. Younger juveniles are still highly responsive to the influence of the home and careful supervision may guard them against further demoralization. Our research substantiated the thesis that research on the prediction of juvenile recidivism ought to be conducted separately for narrow and strictly defined age levels. The age of the subject at the time the prediction is made is an important factor that must be kept in view.
Źródło:
Archiwum Kryminologii; 1965, III; 121-281
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nasilenie przestępczości młodocianych i dorosłych w latach 1958-1962 na podstawie statystyki sądowej
The extent of young adult and adult delinquency in poland in the years 1958-1962 on the basis of judicial statistics
Autorzy:
Jasiński, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/699324.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
przestępczość
młodociany
dorosły
criminology
deliquency
young
adult
Opis:
In the years 1958-1962 a certain slight increase of adult delinquency (until 1960) and later its slight decline has become apparent. This is affirmed by police statistics (relating to the number of crimes registered and revealed by the police), by the data of the  Public Prosecutor's Office (containing information on reported crimes) and by the data of Law Courts (containing the number of convictions). In the years 1958-1962 the yearly number of convictions amounted to about 300 thous. This constitutes an increase of about 70 per cent as compared with the level of 1951 which however was due partly to an enlargement of the competence of Iaw courts. The frequency of convictions of adults measured by the delinquency coefficient (calculated per thousand of criminally liable persons i.e. persons over 17 years of age) amounted to a level of 17,2 in 1960 i.e. 62 per cent higher than in 1951. In 1962 that frequency was expressed by the coefficient 15.5 which indicated an average of 1 conviction on 65 criminally liable persons. Among the total of persons convicted by the Courts of Law juveniles under 17 years of age formed only a very small group (5-9 per cent), nevertheless, together with the young adults (17-20 years of age) they already constituted about 20 per cent of all the convicted. Persons under 30 (practicalły those aged 10-29) constituted half of the total of juveniles found guilty and convicted adults. Poland, together with Yugoslavia and Hungary, seems to belong to that group of countries where against the background of adult delinquency the juvenile and young adult delinquency does not, according to statistics relating to convictions, present a particularly serious problem.  In a series of countries, persons under 20-21 years of age constituted more than a half of revealed offenders (e.g. England and Wales, Canada) and in some of them even two thirds of the total (Ireland, Norway, Sweden). Delinquency coefficients denoting frequency of convictions indicate that its degree was highest among the young adults (i.e. those aged 17-20) and adults aged 21-24 and 25-29. In 1962 approximately every 41 person in each of these age groups was convicted. A small increase of the frequency of convictions which occurred in 1958-1960 was most strongly reflected by the convicted of precisely those age groups. Its subsequent decline was there the least noticeable. Out of the total of 300 thous. persons convicted in 1962 about 245 thous. were men and about 55 thous. women. The number of convicted women in relation to 100 convicted men was continually diminishing (though not without certain oscillattions): it was 35 in 1951 and only 22 in 1962. Poland together with Yugoslavia and Hungary, also with Belgium, belongs to the countries with a high percentage of women among the convicted adults (about 20 per cent of the total). In most countries it is much lower and does not even reach 10 per cent (e.g. Norway, Finland, Sweden, Canada, France). The frequency of convictions of men was expressed by the coefficient 29.2 in 1960, which indicates a 70 per cent increase as compared with 1951. It was merely 9 per cent lower than in 1937 (the coefficient was then 31.5). In 1962 the delinquency coefficient for men amounted to 27.0. In that year there was on the average one conviction on 36 criminally liable men. The frequency of convictions of women was expressed by the coefficient 5.3 in 1962 which indicates a mere 2 per cent increase as compared with 1951. In the years 1958-1959 that degree of frequency was however much higher. The coefficient has then reached the level of 6.9 and was even higher than in 1937 when it amounted to 6.6. Among the total of men convicted by the law courts the juveniles constituted 6-10 per cent and together with young adults 20-22 per cent in the years 1958-1962. The percentage of women among the convicted bareIy amounted to 2-4 per cent and 12-13 per cent. Half of the convicted men was somewhat under thirty and half of the women under thirty five years of age. Among the convicted men hardly every tenth man was fifty years old or over. Among the convicted women every sixth one was of that age. The relation between the number of convicted men and women differed in particular age groups: in 1962 there were 15 women to 100 convicted men aged 17-20, 17 to 100 aged 25-29 years, 27 to 100 aged 35-39, 32 to 100 aged 45--49 and 48 to 100 aged 60 and over. Frequency of convictions of juveniles and young men reached a very high level in the course of the period under investigation. In the years 1960-1962 one out of every 23 men aged 17-29 was convicted. Delinquency coefficients for men in older age groups (over 30 years of age) were rapidly diminishing; the value of the coefficients for men aged 35-39 equalled two thirds of the value of the coefficienits for the 17-20 age group, about a half for the 45-49, about one third for the 50-59 and about one eighth for the age group of sixty and over. The highest frequency of convictions of women occurred among those aged 21-24. It was higher among women of 40 or even 45 than among those aged 17-20. The decline in the frequency of convictions of women over 50 was relatively twice lower than that of men. In a series of European countries various groups of juvenile and not adult offenders have the highest delinquency coefficient, as for example in England and Wales, Norway and Sweden. In other countries, among which beside Poland and Hungary also German Federal Republic and Switzerland should be counted, the maximum degree of frequency of convictions concerns various age groups of adults in the young groups of age. Analysing frequency of convictions occurring in various areas of the country one can theoretically use two kinds of coefficients: calculated according to the place of crime perpetrated by the convicted person, and according to the place of residenoe of the convicted person. Differences, existing between estimates of frequency of delinquency based on these coefficients present themselves as follows: they are of no particular importance when all-country data are examined, they are of some slight importance in case of particular voivodships, of greater importance when frequency of convictions in town and oountry is being defined and of prirnary importance at estimating that frequency of convictions in town and country in particular voivodships and in most of the 22 largest towns in Poland. Coefficients, based on the data relating to the place of crime, indicated in many voivodships larger differences in the degree of frequency of convictions in town and country than the coefficients based on the data relating to the domicile of the convicted persons. Although the town becomes the place of crime much more often than the countryside, the difference between the "criminality" of the town and village dwellers is rather small.  The extent of differences between estimates of frequency of convictions in town and country in particular voivodships based on both those coefficients proved to be correlated with the extent of daily travels to and from work in these voivodships. Also analogous differences between estimates of frequency of convictions in the 22 largest towns in Poland were connected with extent of daily travels to work. In 1951 the delinquency coefficient for adults in the town (14.7) was 86 per cent higher than in the countryside (8.0). In 1962 the coefficient in the town (18.1) was already only 41 per cent higher than in the countryside (12.8). The general increase of the frequency of convictions which occurred in the last twelve years period was more influenced by its changes in the coutryside than in the town. In the years 1959-1962 one out of 30-32 men and one out of 115-149 women was convicted in town, while one out of 39-44 men and one out of 189-256 women was convicted in the country. In 1960 every twentieth man at the age of 17-20 was convicted in town. The frequency of convictions of 17-20 year olds definiteiy dominated over the frequency of convictions of other groups of adults only in the case of men in towns; as regards men in the countryside that preponderance was slight. In towns the frequency of convictions of women aged 17-20 was somewhat lower than of those aged 21-24 and in the country definitely lower than the frequency of convictions of all older women (even 45-49 years old). In 1960 the delinquency coefficient for men (29.2) was 4.4 times higher than the delinquency coefficient for women (6.6) and the differences in frequency of convicted men and women were smaller in town than in the country. Largest diffenences in the frequency of convictions of men and women were noted among those aged 17-20, convicted for offences committed in the country, and the smallest occurred among the oldest convicted who committed offences on the town. Differences in the frequency of convictions between town and country as well as between men and women, were smaller in western and northern territories than in the remaining areas of the country. Also the delinquency coefficients were higher in western and northern territories than in other areas. A proper analysis of factors determining differences in the frequency of convictions of adults in different areas is particularly complicated. It seems that putting forward and verifying the hypotheses which explain the constantly occurring differences in coefficients calculated for particular voivodships, ought to take place not in connection with an analysis of data relating to all convicted adults jointly but separately for those convicted for certain categories or groups of offences, separately for men and women and separately for different age groups. A relationship has been ascertained in the regional distribution of men and women delinquency, and that in all age groups; it was very strong regarding the relatively younger convicted (viz. higher, medium and lower degree of the frequency of convictions regarding both men and women appeared as a rule in the same voivodships). That relationship was weaker in the older groups. An analysis of the regional repartition of the frequency of convictions of men convicted in different age groups has shown that this repartition was most similar in case of persons belonging to the neighbouring age groups and diminished in those farther apart. As regards persons aged 60 and over this repartition somewhat differed from that encountered in other age groups. The same correlations even more strongly marked, applied also to women. Taking into consideration coefficients for the total of adults, it has been stated that in the years 1951, 1955, 1957 and 1960 a relatively higher degree of frequency of convictions continually appeared in western territories and in the Katowice voivodship (moreover, in Warsaw and Łódź). Also relationships between the regional differentiation of frequency of convictions and migration of the population have been established, their appearance being due both to the last war and its consequences as well as to the industrialization and urbanization of the country. The distribution of frequency of convictions (in particular voivodships) contains statistical tables concerning, among others, the structure of dela statistically significant similarity. Numerous statistical tables concerning questions briefly outlined in the sumrnary are included in the text of the author's work. The annex contains statistical tables concerning among others, the structure of deliquency and recidivism.
Źródło:
Archiwum Kryminologii; 1965, III; 283-365
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Bezpośrednio, telefonicznie czy internetowo? Efekt techniki w badaniach wiktymizacyjnych
Autorzy:
Ostaszewski, Paweł
Powiązania:
https://bibliotekanauki.pl/articles/1788411.pdf
Data publikacji:
2021-07-30
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
pokrzywdzony
badania kryminologiczne
kryminologia
injured party
criminological research
criminology
Opis:
Badania wiktymizacyjne stanowią w kryminologii jedno z głównych źródeł rzetelnych danych ilościowych o rozmiarach wiktymizacji, poziomie lęku przed przestępczością i społecznych ocenach organów ścigania i wymiaru sprawiedliwości. Badania te realizowane mogą być przy wykorzystaniu różnych technik badawczych, które z kolei mogą być obarczone różnego rodzaju błędami.W artykule omówiono podstawowe rodzaje technik prowadzenia badań wiktymizacyjnych oraz rodzaje błędów związanych z realizacją badań sondażowych. Opisano szczególne problemy, jakie może nieść za sobą wykorzystanie dwóch, alternatywnych do wywiadu bezpośredniego (PAPI lub CAPI), sposobów prowadzenia badań wiktymizacyjnych, czyli sondaży telefonicznych (CATI) i kwestionariuszy internetowych (CAWI).
Źródło:
Biuletyn Kryminologiczny; 2015, 22; 91-101
2084-5375
Pojawia się w:
Biuletyn Kryminologiczny
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przejawy nielegalnej migracji w Polsce
Forms of Irregular Migration in Poland
Autorzy:
Szulecka, Monika
Powiązania:
https://bibliotekanauki.pl/articles/698640.pdf
Data publikacji:
2016
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
migracja
nielegalna migracja
kryminologia
irregular migration
migration
Polska
criminology
Opis:
The article analyses a series of in-depth expert interviews conducted in the first half of 2015 with border guards from selected units across Poland within the framework of the project CIS – Modular Multipurpose System of Foreigner Identification with a risk of trafficking analysis module. Special preparedness for intensified migration in Europe, and potentially also in Poland, observed already in the first half of 2015 when the fieldwork was conducted, indicates that although the analyzed material covers the period before the onset of the refugee crisis, its conclusions are universal and can be applied to a different migratory situation. The term “irregular migration” is used throughout the text to describe different instances of non-compliance with the law at different stages of the migration process (mainly entry, residence, and work), keeping in mind that it is an imprecise term that is increasingly replaced with expressions meant to reduce stigmatization on the one hand, and to convey the complexity of the issue on the other. The expression “irregular migration” functions in Polish law, although without a precise definition. The Border Guard, as stated in the law regulating the activities of this formation, is the primary state agency tasked with preventing and combating irregular migration. Statistics available in Poland – which allow to estimate the supposed scale of irregular migration – show it to be a very marginal phenomenon, in fact similar to immigration to Poland, in spite of an observable climb in statistics since 2014. From the viewpoint of the relevant services, it seems alarming, however, that although irregular migration levels remain relatively low (particularly compared to other EU countries), there are many (although it is not clear on what scale) violations, associated, if not with irregular migration as such, then with processes typically described as semi-legal or quasi-legal migration. The data available indicate that the number of foreigners staying in Poland illegally is somewhere between a couple to several thousand people. The picture is somewhat different when it comes to the estimated number of foreigners staying in Poland for very short periods of time without the required documents. It is impossible to determine how many such people enter and leave Poland every month or year, particularly due to Schengen arrangements which leave a large section of the state border without checks. Comparing irregular migration-related threats from a dozen years ago to those encountered in Poland today, we can describe today’s irregular migration as irregular migration in “velvet gloves,” or semi-legal migration. On the one hand, the complexity and content of Polish migration law (in terms of what is permitted, and what is not) create potential for abuses. These abuses have, however, become more and more difficult to detect and demonstrate in proceedings before other authorities (prosecutors, courts). Unauthorized movements or organized trans-border travel often have an air of legality; many elements of the migration process comply with the law, authentic documents are used and procedures are followed, yet deeper analysis reveals that the process is essentially based on activities that violate the law (for example, obtaining the attestation of false statements under false pretenses, deliberately misleading a public official, staying within the territory of Poland for purposes other than those stated when applying for a residence or entry permit). The results of the qualitative study carried out among experts show that irregular migration in Poland in the second decade of the twenty-first century is essentially a marginal problem, particularly when compared to the challenges faced by other EU countries, unless we also consider so-called semi-legal migration. The latter is a massscale phenomenon, although this mass quality is not evidenced by official figures. Two phenomena belonging to semi-legal migration, with the potential of turning into “classic” irregular migration, came to the fore in the discussion on forms of irregular migration in Poland, the possibilities of detecting them, as well as the limited means there are of preventing them. The first is unjustified recourse to refugee procedures. The second consists in abusing a procedure that experts have deemed virtually unverifiable, namely the simplified procedure for hiring foreigners based on the employer’s declaration of intent. The fact that this procedure has contributed to the growth of services linked directly to organized irregular migration was mentioned by the respondents as the most problematic aspect of the said legal instrument. The issue of abusing other procedures remained in the background, which does not however mean that these infractions are treated dismissively, however from the viewpoint of the experts interviewed, they are either too few or pose less of a problem in terms of detection and application of relevant sanctions. Taking into account the forms of irregular migration discussed in the article, including types of violations and the limited possibilities of checking them, effective enforcement of compliance with the law on entry, residence and work seems a considerable challenge, particularly given the not always consistent regulations and their interpretation. The institution with the most experience in contacts with foreigners, namely the Border Guard, has long-standing experience in protecting state borders. Currently, the Border Guard is not only a side in various administrative and penal proceedings, but also an institution controlling the legality of stay and work in the territory of Poland. This requires that migration processes be looked at in a broader context, and not merely through the lens of individual infractions. The author attempts to bring out the said broad context and to describe and explain occurring forms of irregular migration.
Źródło:
Archiwum Kryminologii; 2016, XXXVIII; 191-268
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł

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