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Wyświetlanie 1-3 z 3
Tytuł:
Karalność pomówienia w świetle orzecznictwa Trybunału Konstytucyjnego
The Penality of Slander in the Light of the Decisions of the Constitutional Tribunal
Autorzy:
Zoll, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/698771.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
karalność
pomówienia
Trybunał Konstytucyjny
penality
slander
Constitutional Tribunal
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 669-675
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Rodziny wieloproblemowe – charakterystyka 222 rodzin z dzielnicy Praga-Północ
Multi-problem Families - the Characteristics of 222 Families From the Warsaw District Praga-North
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699070.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
rodzina wieloproblemowa
Praga-Północ
rodzina
nieprzystosowanie społeczne
alkoholizm
przestępczość
typologia rodzin
karalność
multi-problem family
Prague-North
family
social maladjustment
alcoholism
criminality
family typology
penality
Opis:
The object of the study initiated in 1975 in the Department of Criminology of the Polish Academy of Sciences was to get acquainted with the extent of social maladjustment in the families known to be characterised by the cumulation of socially negative factors. They were, called multi-problem families. In on study primary criteria for the selection of families were alcoholism and excessive drinking, which was based on the assumption, proved by many criminological studies, that alcoholism causes the most severe disturbances in the functioning of the family. Other symptoms of social maladjustment, such as crime, prostitution, child neglect, were recognized as the derivatives of alcoholism. 222 families living in the Warsaw district Praga-North were examined, in which at least 2 adult membres were known to the police as regular excessive drinkers. Data about the families examined were gathered by means of interviews with the district constables of the police. On the grounds of the interview a questionnaire was filled in, including such data on all members of the family who were living together, as: regular excessive drinking and behavior related to it, delinquency, trouble-making and threat to the safety of their family and neighbours, attitude towards work, performance of parental duties, prostitution and other symptoms of social maladjustment. They were supplemented by the data from other official sources, among other: court records, registers of the detoxication centres, data from the juvenile section of the police regarding the state of care of the children and their social maladjustment. The majority of the multi-problem families examined inhabit poorly planned areas. The houses are mainly old, neglected, assigned for demolition (and thus not repaired). There are no bathrooms nor WCs. Many of the tenements lack running water. The housing conditions of these families as regards the density of their tenements is considerably poorer than the average of the remaining part of the district and of the entire city. The financial standing of the families, according to the police constables, is “poor” or” very poor” in over a half of the examined cases. The social and professional status of the members is low. 70% of men and 90% of women lack any vocational training. At the time of research, the examined population of 222 families consisted of 437 men and 360 women aged over 17 and 233 children aged 0-16 (over a half of them were small children aged up to 10). The extent of social maladjustment of the entire adult population is as follows: As few as 9% of the men and 37% of the women do not drink excessively. The remaining regularly drink excessively or are alcoholics. It is interesting that a substantial intensity of excessive drinking was found even among the youngest group of the examined adult males, that is those aged 17 - 20. Only 15% of the men in this age group do not drink excessively. The excessive drinking of the persons examined is connected with other symptoms of “problem drinking”. Over 57% of the men and 17% of the women were detained at the detoxication centre more than 3 times. The persons under examination also frequently have cases brought against them in the Penal Administrative Commissions because of breaking of peace when intoxicated. Over 40% of the men had such cases brought against them at least 3 times. More than a half of the men in the multi-problem families are the so-called “persons dangerous to other members of the family when drunk”. This stands for behavior such as making rows at home, beating their wives or other members of the family, turning them into the street, demolishing their flats. The population of the men is also characterized by an improper attitude towards work. Approximately 45% of them do not work though they could. On the basis of the obtained information it can be stated that they either are provided for by the others, or they live on illegal business or various odd jobs, or they profit by illegal means. In the light of the data mentioned above as to the drinking habits of the members of the families examined the question arises if any relationship can be found between their excessive drinking and their staying out of work. Approximately 92% of the men who are known to stay out of work without any reasonable cause can be recognized as alcoholics. The extent of crime in the multi-problem families is significant, with 57% of the men having been convicted at least once, and 32% - 4 times or more.  There were also 20% of the women with criminal records. Contrary to expectation, in the structure of crime of the examined population violent offences balance those against property. Among the population of the women from the problem families, 1/5 are suspected of prostitution. When discussing the social maladjustment of the women, the problem of performing maternal duties cannot possibly be ignored. 70% of the mothers of small children do not secure the care for them, and in some cases the child neglect becomes more flagrant. Only about 1/5 of the entire population of the adult members of the families examined reveal none of the symptoms mentioned above, the percentage in the case of men being as low as less than 9%. In the second part of the study an attempt is made to characterize the families from the point of view of the intensity of social maladjustment in the entire family. Among the 222 families there were 39, the members of which had no criminal record, that is, in over 80% of the families there occurs the co-existence of alcoholism and crime. In more than half of the families not even one adult member could be recognized as positive - that is, not drinking excessively, with a clear court record and regularly working. There is one such person in 54 families, 2 such persons in 36 families, and in only 15 families 3 persons were recognized as favourably meeting the above criteria. On the basis of the proceedings employed to define the degree of social maladjustment of each of the families, nearly 1/3 of them were found to reveal a very high intensity of cumulated symptoms of social maladjustment. Such families create a serious social problem to the still greater extent than the others. Analysing the educational situation in the families on the basis of their classification as regards their structure, the situation in question is found particularly unfavorable in the families where the mother regularly drinks excessively or is a prostitute. This applies particularly to the situation of small children. In nearly all the families with small children the sometimes flagrant negligence of the children was found. The mothers did not care for their children, left them without any care, did not secure for them any sufficient food nor clothing, the children having in many cases no other source of assistance. As the children grow up, their neglect and the influence of negative social patterns in the family repeatedly lead to the symptoms of social maladjustment, which increase gradually sometimes reaching very grave forms. Multi-problem families require special care and assistance of the qualified social services. This applies particularly to children who are brought up in exceptionally unfavourable conditions. An early intervention in the situation of those children is vital. It should lead to neutralizing the negative influence of family milieu, which in a great part of the cases requires the isolation of the children by placing them in a children's home. The assistance applied towards the family should also consist in financial and medical aid (including the treatment of early stages of alcoholism).
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 291-337
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Rozmiary przestępczości wśród dawnych podopiecznych sądu opiekuńczego – dzieci rodziców z ograniczoną władzą rodzicielską
Extent of Crime Among Former Juveniles Whose Parents Were Limited in Their Parental Authority, and Who Were Under the Care of Juvenile and Civil Courts
Autorzy:
Strzembosz, Adam
Powiązania:
https://bibliotekanauki.pl/articles/699060.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość
sąd opiekuńczy
ograniczona władza rodzicielska
władza rodzicielska
kara
warunki rodzinne
małoletni
zaburzenia w zachowaniu
karalność
rozmiary przestępczości
niedostosowanie społeczne
criminality
guardianship court
limited parental responsibility
parental authority
penalty
family conditions
minor
behavioral disorders
penality
extent of crime
social maladjustment
Opis:
The reported research is a continuation of the studies on families under court’s supervision in consequence of the limitation of parental authority. The former studies were conducted on the sample of such families representative of the entire country, which consisted of 757 families with the  total of 1,436 children in whose interest protection proceedings has been instituted in 1973. While in that phase of research an attempt was made to characterize the families and the children that came within the above proceedings and to describe the action of the court and the efficiency of the measures adjudicated by the court, in the present studies the further fates have been studied of 330 boys and 252 girls - formerly under the care of the court - who were aged at least 19 on September 1, 1980 (they were aged 19 - 24, mean age being 22). During the research, it was found that among the persons under examination - after coming up to the age of 17 (upper limit of minority) - there were 27% of men and 7% of women with criminal records (12% of men and 2% of women had been convicted at least twice). This percentage was three times higher as regards the convicted men and 8 times higher as regards the convicted women in comparison with the extent of crime measured by the number of convictions among men and women aged 21. Among the convicted men there were as many as 49% convicted for larceny, 19% for robbery, and 13% convicted for offences against person. As many as 84% of men were convicted for offences against property only, or for these offences as well as for others. The structure of crime of the persons under scrutiny differs from that of the whole of young adult offenders (aged 17 - 20) as regards the high percentage of those convicted for larceny. In this respect it resembles the structure of crime of the juveniles formerly under care of juvenile courts in, the cases pertaining to parental rights in Warsaw, but only as regards the sons of alcoholics (also aged 22 on the average), as the sons of non-alcoholics were in a much higher percentage convicted for offences against person, characterized by a large intensity of aggressiveness. The offences of the persons under examination resemble juvenile delinquency in the eldest age groups, though the harmfulness of their offences is much greater. 50% of the convicted men had been sentenced to immediate imprisonment already in their first case, 95% - in their second case, and all of the convicted men –in  their third case. An attempt was made to differentiate the category of the investigated sons who would be characterized by a higher extent of crime when aged over 17; however, no increase in offending was found both among children from broken homes and among those whose parents revealedconsiderable social demoralization. Even the percentage of socially demoralized mothers whose sons had criminal records when aged over 17 was only slightly higher than that of socially adjusted mothers of the convicted men. On the other hand, the men coming from towns were considerably more frequently convicted as compared with those coming from the rural areas, which seems to shake the now established opinion about the small differences between the intensity of crime in the town and the country, if we take into account the offender’s place of residence and not the place where the given offence has been committed. In spite of the confirmation by the present study of the well known regularity that there is a higher percentage of persons convicted when aged over 17 among those who revealed early behavior disorders, and in spite of the fact that there is a correlation between the improvement in the minor’s behavior accomplished by the probation officer during his supervision and the subsequent clear record of his former probationer - no correlation was found between the way in which the supervision had been performed and the criminal records of the men when aged over 17. Such a correlation was not revealed even by comparing the most highly estimated supervision with this actually not performed at all. This proves the  predominating role of factors other than probation officer’s supervision in the process of forming social attitudes of the youth. Since even those of the probation officers, who perform their supervision reliably and efficiently, are not in approximately one half of the cases able to cause improvement of their probationer’s behavior, then the role of other factors independent of the officer’s action is immense and their further negative or favourable influence may - in course of time - wholly destroy the impact of the methods of supervision. Therefore not only the probation officer’s efforts should be supported by creating the actual possibilities for him to organize the proper educational environment for his probationer but also these social processes should be strenghtened which promote the internalization by children and youths of favourable patterns of behavior and moral standards.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 271-290
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
    Wyświetlanie 1-3 z 3

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