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Tytuł:
Rozmiary recydywy u nieletnich podsądnych sprawców kradzieży
Extent of Recidivism among Juvenile Delinquents and Their Later Careers
Autorzy:
Strzembosz, Adam
Powiązania:
https://bibliotekanauki.pl/articles/699242.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
recydywa
nieletni przestępcy
kradzież
recidivism
juvenile delinquents
theft
Opis:
  The subject of this work are the findings of studies of the follow-up period intended to establish the further fate of 343 juvenile delinquents aged 10-16, who had been guilty of theft while still under 17. In 1961 detailed, criminological research was initiated in the Juvenile Court of Praga – one of the districts of Warsaw – (records were studied, interviews undertaken in the environs, homes and schools were conducted), which embraced all the 180 juvenile delinquents between 10-16 years, living in that district, who during the course of one year had been found guilty of theft. Further a study was made of the criminal records of 178 juvenile thieves from two other districts of Warsaw, all the juvenile delinquents who had been tried for theft by courts during the period from August 1961 to May 1962 being investigated in turn. In this way was obtained a total of 358 juvenile delinquents who had been found guilty of thefts. The idea was to find out how many of them were recidivists in the follow-up period. 33% of these juvenile delinquents were under 13 and 67% were between 13 and 16 years. The division into these two groups was justified because of the different approach of the Polish penal code to minors up to the age of 13: as regards such juvenile delinquents, the court may apply educational measures only: reprimand, supervision by parents, probation and placing in an educational institution. As regards delinquents between 14 and 16, the court may also apply correctional measures – i.e. approved schools. In the present work, the author accepts as basic criterion for defining the recidivist the fact that he has faced in a Juvenile Court a new charge of theft. The category of those not considered as recidivists includes only delinquents charged once with theft. Each juvenile delinquent who has been charged (usually by the police) a second or third time with theft already figures as a recidivist with 2, 3, 4 and more appearances in court. Moreover, it was possible during the investigations, combined with detailed interviews in the homes of the delinquents, additionally to qualify as recidivists such juvenile delinquents shown to have stolen though not brought before a court. Taking into account the variety of criteria applied to recidivists, they have been divided into the following categories: (a) first of all, formal criteria were applied: considered as recidivists were those concerning whom the court had previously applied educational and correctional measures. Here, the percentage of recidivists amounted to 37.7; (b) this percentage increased to 48.6 when considered as recidivists were all those who had been charged at least twice with theft, including those concerning whom the court had not considered it relevant to apply any new measures; (c) this percentage was still higher (61.2), when listed as recidivists were all those whom the court had found guilty of at least two thefts; (d) interviews in the environment conducted as regards 180 juvenile delinquents in a single district revealed in addition that these data too were not entirely reliable in defining recidivists. Data from interviews showed that the percentage of delinquents who had committed more than one theft amounted to as much as 78.5. It was also found that, when applying the first, formal criterion recidivists among the older delinquents (46%) were far greater in numbers than among the younger (20%). The second criterion – at least two thefts – showed that the difference between older and younger delinquents as regards the percentage of recidivism among them (82.2% 73.2%) was only slight. These data indicate that the formal criterion for recidivism, used by Juvenile Courts, does not reflect the actual extent of this phenomenon. This is the more important since, the latter, broader definition, was found to be the most satisfactory for prognostic purposes. It was established that during the two-year follow-up period a substantially larger number of juvenile delinquents previously listed, according to the first formal definition, as not being recidivists (47%), faced charges than was the case with those listed according to the second definition (17.6%). Criminological investigations – combined with interviews conducted in their families – of 180 juvenile delinquents from a single district, revealed that juvenile delinquents charged with theft are as a rule socially maladjusted children, showing the first symptoms of social maladjustment even in the first grades of primary school. With 62% symptoms of demoralization were recorded with children between 7 and 10 years of age. A typical phenomenon with these juveniles is a considerable lag in their school studies, found as regards 95% of older and 76% of younger juveniles. A lag of at least two years was found with 77% of the older and 37% of the younger individuals investigated. The majority of these systematically played truant; 37% of the younger and 70% of the older juveniles had run away from home. Only as regards 33% was it not found that they consumed alcohol; 26% drank at least once a week; 25% of the recidivists were heavy drinkers. On the basis of data obtained from mothers during interviews (and for 50% of the cases also from child guidance clinics, institutions etc.) it was possible with 60% of the older investigated delinquents to establish various types of personality disorders; 26% were suspected of having suffered organic disturbances of the central nervous system; data indicating such diseases in the past were more frequently found with recidivists (37%) than with those who were not recidivists (13%). Those investigated were for the most part brought up in an unsatisfactory family environment. It was found that in 46% of the families fathers or step-fathers systematically drank alcohol to excess; delinquency of fathers was noted in 31% of the families, and in 9% the mothers were suspected of prostitution. As many as 67% of the brothers revealed symptoms of demoralization and 47% had committed theft. Recidivists differed markedly from non-recidivists as regards such negative features, characterizing the family environment as: systematic abuse of alcohol, unhappy married life of the parents, children very poorly cared for. Of all the 358 thieves investigated, a mere one-third were as juveniles (under 17) charged only once: thus they were not recidivists according to the criteria accepted in the investigation; 21% had twice faced a court; 11% – three and 34% – four or more times had been charged before a Juvenile Court. The differentiated groups of the youngest and oldest among those we investigated did not differ markedly as regards the number of appearances in court while under age. Consideration was next given to further delinquency during the period when the investigated were young adults i.e., when they were between 17 and 20. New offences were noted during that period with 50% of the former defendants who, previously had been juveniles. It also emerged that the number of charges preferred while they were under age was of essential significance for recidivism during the period when those investigated were already young adults. Among those who had been charged only once as juveniles, only 27% were afterwards convicted between the age of 17 and 20; among those charged twice – 48%; beginning with 3 charges, the percentage of later recidivists amounted to 65.8, and with 4 and more charges – to as much as 78.7%. The number of convictions while juveniles indicates a correlation not only with the actual fact of recidivism when those concerned were still young adults, but also the intensification of recidivism between 17 and 20. The majority of those who while juveniles had only one case against them, were subsequently convicted only once. But of those who while juveniles were charged at least three times, the majority (64%) had multiple convictions between 17 and 20. Typical of offences committed by those who had been charged with theft as juveniles, continued to be theft; close on half of those investigated, however – and this should be emphasized – were convicted for offences against the person, officials or the authorities, and these as a rule were offences committed while intoxicated. One-third of the subjects spent in prison at least half of the four-year period, while they were young adults. In 1972, when the last follow-up period was studied, ten years had elapsed since the beginning of the investigation of the delinquents who had committed theft while juveniles. The younger among them were at that time 20 to 23 years old; the older – 24 to 27 (the average age being about 26 years). As regards these 243 older investigated individuals, it was possible to examine not only the period when they were young adults, but also the later period, after they were already 21 years old; this later period was in their case sufficiently to make it possible properly to evaluate whether during that time they had ceased committing offences or whether they continued to do so. Further delinquency of the older among those investigated during the period after 17 until their average age was about 26, was as follows: – It emerged that only 38% had not been convicted at all after the age of 17. The overwhelming majority of them (83%) had been charged only once or twice while under age. – 17% had been convicted only between 17 and 20, while 13% had been convicted only after 21. – 32% were convicted as young adults as weil as later after the age of 21. In this group, the majority (73%) had been charged before a court at least three times as juveniles. As regards the older among those investigated for the entire follow-up period, it was confirmed that the majority showed a correlation with what happened during their juvenility: further delinquency as well as persistent recidivism was found more frequently with those who were more frequently charged as juveniles. During the entire follow-up period, 19% of the older individuals were convicted only once, l3% – twice, and 30% – at least three times. The category with multiple convictions, recidivists convicted at least four times amounted to 20%, which certainly is a substantial figure, having regard to the relatively long prison sentences passed on those convicted two and three times. It should be added that though interviews in the environment during the follow-up period were lacking, making impossible a proper evaluation of the social adjustment of those investigated who during that period had no new convictions or were convicted only once, the data obtained enable the drawing of conclusions which are important for social policy. Note that even frorn among the investigated juveniles who were charged only once before a court, as many as 42% were later convicted after 17; this points to the necessity of a thorough examination of even apparently minor cases of theft involving those under age who previously had not been convicted. The extent of persistent recidivism revealed demonstrates the poor effectiveness of methods used as far in dealing with juvenile delinquents who revealed symptoms of marked social maladjustment.
Źródło:
Archiwum Kryminologii; 1974, VI; 140-155
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polskie sądy rodzinne w świetle badań empirycznych
Polish Family Courts in the Light of Empirical Research
Autorzy:
Strzembosz, Adam
Powiązania:
https://bibliotekanauki.pl/articles/962276.pdf
Data publikacji:
1984
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
sąd rodzinny
badania empiryczne
Polska
family courts
empirical research
alimony
family
jurisdiction
judge
Opis:
1. The idea of family jurisdiction is not new, yet it continues to raise animated discussion and controversy. Family courts which exist in many countries have miscellaneous and frequently rather narrow competence. Elsewhere, experiments have been made with family courts for many years now, consisting in taking observations of the works of a few family courts, the traditional orgnization of jurisdiction maintained in the entire country. The family jurisdiction, enforced in Poland on January 1st, 1978, was introduced in the entire territory, the competence of family courts outlined most broadly: all cases directly connected with family relations (affiliation of a child, alimony, nullification and dissolution of a marriage, adoption, limitation, suspension and deprivation of parental authority, institution of legal protection, etc.), cases connected with penal acts committed by juveniles, cases of compulsory treatment of alcoholics in closed hospitals, and offences against family, guardianship, and the youth, fell under competence of family courts.       Family courts which are departments of district courts, have assembled nearly half of the cases coming in a district court. At the same time, cases have been divided between the judges basing on the territorial principle: every judge hears all kinds of cases coming in from the territory he has been assigned. This way, all cases essentially connected with the functioning of a given family were always to be judged by the same judge. The broad competence of a family judge and the fact that he heard all cases concerning the members of a given family was to create conditions in which all problems appearing within that family would be treated on a broad basis in every case, to ensure that each particular pronouncement concerning that family be compact and complementary, to guarantee the correctness of decisions owing to the knowledge of the whole of conflicts which occur in that family, and to make preventive activities broader and deeper.       The creation of family courts caused the liquidation of juvenile courts, all their cases having passed to the family courts, as well as the transference of a considerable part of cases heard before by civil courts and a small number of cases from criminal courts.      Such a far-reaching reform of organization of common jurisdiction has justified the study of the effects of introduction of family courts, the more so as juvenile courts played an important part in the system of preventive measures against delinquency and other forms of social maladjustment. Therefore, it was the aim of the study to find out if family courts realize their function in practice, and what are the factors that determine difficulties or irregularities in case the courts fail totally or partially to fulfill their object.       The study embraced various sources of information about the functioning of family courts, i.e., first of all, statistical data on the jurisdiction in cases which now come within the scope of family courts from two periods: before and after they had been transferred to the family courts (years 1976-1977 and 1978-1981). Another extremely important source of information about the functioning of family courts was the analysis of cases of particular kind judged by juvenile, civil, and criminal couits, and then by family courts. Among the cases which provided a particularly great amount of information as to the way in which family courts fulfilled the goal they were planned to fulfill, were divorce suits, limitation of parental authority, penal acts of juveniles, and criminal cases of offences against family, guardianship, and the youth. Such cases require well-prepared materials before they are examined, comprehensive study of particular legal problems from the point of view of the interest of the family, first of all children that are brought up in it, and finally (apart from divorce suits) active execution of the sentence, as the method of execution determines the results of the entire preceding activity of the court.       A detailed study was made of a standard sample of cases now investigated by 8 family courts - small, medium, and large, each of the 4 family courts created on January 1st, 1978, matched with one of the 4 family courts which had been functioning before that day as experimental courts. In this way comparison could have been made between the functioning of new family courts and those which had been working for some years to find out if the lenght of the period of work of  the family court contributed to eliminating of various mistakes and dificiencies resulting from lack of experience during the first years of work of the family court. The standard of work of the "new" family courts emerging from the analysis of cases was also compared with that of juvenile courts, civil courts, and criminal courts which had been departments of the same district courts, by way of analysis of the same kind of cases judged before the reform of jurisdiction. This comparison was to provide information about changes which took place in preliminary proceedings, setencing, and execution of sentences, after family courts had taken over the cases which had been investigated before by other departments of district courts.       Another source of information was the examination on the spot of the conditions of work of the 8 family courts the files of which had been analysed, including their staff, the system of social probation officers, the number of different duties imposed, and the power to execute decicions.       Finally, the opinion on family courts was asked of family judges themselves, of professional probation officers of these courts, and of solicitors, whose experience in appearing before different courts in cases of the same kind seemed particularly valuable. A questionnaire examination also included the family judges who had judged in juvenile, civil, and criminal courts before the jurisdiction reform, so as to define their attitudes and opinions as regards various problems of family life. The aim of the questionnaire was to find out any differences between the attitudes of former juvenile court judges in comparison with other judges working subsequently in family courts.         2. The analysis of statistical data concerning the 6-year period (including 4 years after family jurisdiction had been introduced) did not reveal any symptomatic difference which could be related to the creation of family courts. As regards divorce suits, for instance, neither the percentage of cases discontinued due to the reconciliation of the parties increased, not that of dismissed cases; in cases concerning parental authority, the structure of decisions did not change; in cases of penal acts committed by juveniles but a small increase of less radical sentences was noticed; finally, as regards cases of offences against family, guardianship, and the youth, the only change was a slight reduction of the number of sentences to the penalty of deprivation of liberty without conditional suspension of execution in favour of limitation of parental authority.        The results obtained through a detailed analysis of court files of cases formerly heard by juvenile, civil, and criminal courts were much the same as regards the contents of issued decisions. Nevertheless, in some spheres of activity of family courts some favourable changes occurred; unfortunately they were accompanied by a considerable regress in other spheres. In particular, family courts investigated the situation of children of divorcing parents more precisely than the civil courts, but on the other hand they neglected material problems, less frequently adjudging alimony amounting to a sum higher than demanded, less frequently deciding ex officio as to the means of using a common appartment by the divorced parties and adjudging eviction from the appartment of the party who particularly grossly disturbed the family peace. In all cases where the court's decision should be properly executed by the family court machine, a considerable deterioration of the way of execution took place. This resulted both from the lack of adequate interest in this problem on the part of family judges who were engaged mostly in jurisdiction, and from remissness of professional probation officers who were also burdened with many other tasks and whose work was supervised by family judges but in a minimal degree. In spite of their contact with many kinds of cases, family judges showed little interest in prevention. It was interesting to find out that also the former juvenile judges who had been accustomed to give a lot of attention to various preventive activities, now did not differ by any means in this respect from the former civil and criminal judges. Also the functioning of the "old" family courts was by no means superior to that of the "new”  ones, and it was even inferior in some spheres - therefore, the standard of work of the courts was determined by other factors and not by the lack of experience.        The analysis of decisions from the point of view of complexity of their approach to the whole of the problems existing within a given family gave no evidence as to any differences between decisions in the same kinds of cases issued by family courts on the one hand, and juvenile, civil, and criminal courts on the other. Also the anticipation that decisions of family courts would be more compact and complementary to each other if several different cases of members of the same family would be heard by the same court, came true but to a minimal extent. Firstly, the percentage of families towards which at least 2 decisions had been issued by a family court during its period of existence was considerably low, amounting to 25 per cent of families ever included in any legal proceedings. Even in the case of those family courts which had been functioning for 7 years, the percentage in question was not high, amounting to 32 per cent. Secondly, in spite of the principle of territorial division of cases among the judges, only in half of cases, all suits concerning a given family were heard by the same judge. Thirdly, due to the nature of a considerable number of cases, the material gathered for them during the proceedings was of no importance as regards the way of examination and the essence of decision issued in the next case (this concerns first of all suits for alimony). Eventually, only in every seventh case both the same judge had heard the former case as well as the present one, and in the former case material had been gathered which was valuable for the better knowledge of the family and the more relevant judgement. It should also be mentioned that in the case of many of the decisions, there was considerable probability that the verdict sentences would have been similar, had they been adjudged by another judge of the same court, or of civil or criminal court. Therefore, it was impossible to ascertain that the creation of family courts had considerably contributed to a greater complexity, compactness, and complementariness of judgements.            The opinions on the functioning of family courts gathered from judges, probation officers, and solicitors have confirmed a number of remarks made during the analysis of court files and the direct examination of the conditions of work of the selected family courts. In spite of the fact that the very idea of creating family courts has been estimated favourably by the majority of the examined persons (62 per cent), a considerable part of them pointed to the following defects: too wide range of tasks of family courts, the resulting overwork which hindered adequate preventive activities, the domination of jurisdiction as compared with other tasks of the family court. One third of the respondents could not see any advantage in the creation of family courts. Half of them was of opinion that the introduction of family courts failed to increase the protection of children and the youth against demoralization (this was most frequently the opinion of the family judges themselves).            The second questionnaire, concerning opinions and attitudes of family judges, revealed the statements of the former juvenile judges concerning family and its problems to be more complete and definite as compared with statements of the former civil and criminal judges, and to take into consideration more frequently the psychological, pedagogical, social in its broadest sense, and even medical, aspects of these problems. One should, however, bear in mind that, as revealed by the analysis of files, no evidence was found of better work of the former juvenile judges as compared with other family judges.          In the final part of the present article an attempt was made to draw conclusions from the results of the study. Having discussed different possible variants of changing the competence of family courts, a definite model of a family court was suggested, characterized by a different internal structure, narrowed competence and a better defined position in the system of prevention of social maladjustment of children and the youth.
Źródło:
Archiwum Kryminologii; 1984, XI; 167-225
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Dzieci z 200 rodzin alkoholików i alkoholiczek
Children from 200 Families of Alcoholic Mothers and Fathers
Autorzy:
Strzembosz, Adam
Powiązania:
https://bibliotekanauki.pl/articles/699280.pdf
Data publikacji:
1976
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieprzystosowanie społeczne
patologia społeczna
dziecko
klasy społeczne
alkoholizm
przymusowe leczenie alkoholików
social maladjustment
social pathology
child
social classes
alcoholism
compulsory treatment of alcoholics
Opis:
1.  Subject of discussion will be such families of alcoholics (involving mothers and fathers) from the area of Warsaw, where the necessity arose to curtail, or suspend parental authority or deprive parents of such rights completely. The families investigated can be divided into the following categories: families where only the father was an alcoholic - 95 families (49.5%), families in which the father as well as the mother were alcoholics 64 families (33.3%) and families where only the mother was an alcoholic 33 familes (17.2%).* Note in the material studied here that as many as 54.5% of the mothers were considered to be alcoholics, and in this case 46% of these mothers-, alcoholics were registered as prostitutes. The mothers who were alcoholics had in 39% of the cases been convicted by courts (those who were not alcoholics in about 20% of the cases). Data regarding fathers who were alcoholics, whose average age in 1973 was 44 years, testify to the fact that the majority of them had no prior convictions or were only once convicted (57%): those with multiple convictions (four times and more) accounted for 20%. In the delinquency structure of the fathers was a predominance of violent offences committed when intoxicated. The majority of the fathers (57%) did not work or worked only on and off . The material conditions in these families of alcoholics were very unfavourable. 68% of these families lived in misery and want. Complete neglect of the children was found as regards the overwhelming majority of the fathers (62%) and a large number of mothers (41%). Especially adverse was the situation in families where the mothers were alcoholics and where misery and want was found in as many as 80%, complete neglect of the children by mothers in two-thirds of the families. As results from the above-mentioned data the situation of children in the families examined (especially in families where the mothers were alcoholics) was very bad; the criminality on the part of the fathers was, however, not a special problem here. 2. In 200 of the families of alcoholics, surveyed here, 487 children below the age- of 18 were brought up - 258 boys and 229 girls. Among these children, 20% were of pre-school age, 39.8% between 7 and 12, 38.2% between 13 and 17 years. The follow-up period was studied, regarding 487 children and juveniles from these families until the oldest among them (being at the beginning of the study above 10 years old) had reached the average age of 20 years. It should, however, be borne in mind that during the follow-up period only those data were at the disposal which could be obtained from official records, which contained information about cases brought before a court and arrests of these individuals by the police. Thus, an essential shortcoming, connected with the impossibility to conduct environmental interviews, is the lack of information about other facts, besides those in the records, such as symptoms of social maladjustment or whether the investigated individuals possessed professional qualifications and whether they had worked, in which milieu they had lived, whether they had systematically drunk alcohol to excess, etc. But data found in the records of the guardianship court, regarding the school period of the juveniles exactly characterize the extent of their social maladjustment. Significant is above all the fact that the sons of alcoholics (fathers and mothers) were often delayed in their studies at school. Among the boys below ten years one-third were already delayed in their studies: at the age between 10 and 12 half of them, however above 12 three- fourths. Among the latter there were 63% delayed by two or more years. Among girls below 10 years 14% were delayed, at the age between 10 and 12-44%, and above 12 - as many as 69%. Among girls aged above 12-43% were delayed by two and more years. Among older boys as well as older girls approximately half were children, systematically playing truant. Note data, pointing to the fact that as many, as 35% of the girls between 14 and 17 showed symptoms of sexual demoralization. In 1975 when 270 boys and girls were already above 18 years old, and their average age amounted to 20 years, it turned out that 22% of the boys had already been tried by juvenile courts, 18% had been brought before juvenile courts as well as the ordinary court and 16% only before an ordinary court. Thus generally speaking, those who faced trials during their juvenility or were convicted after having reached the age of 17, accounted for as' much as 55%. Those convicted when over 17 accounted for 34%, in addition to this 12% were indicted, which gives a total of 45% of young adults who committed offences that were reported when they were over 17 years of age. The percentage given above (55%) of those who were tried when still juveniles or convicted after the age of 17, should be considered as a high one. But the degree of delinquency disclosed is small (62% of the convicted individuals were convicted only once); it should, however, be borne in mind that only three years divided them from the age of amenability to law. To the above mentioned data should be added information regardin arrests by polic because of intoxication - as many as 61% of those convicted (or tried) had already been arrested before because of insobriety, and among those without court records - 12%. However, information regarding the delinquency of daughters of the investigated families testifies to the fact that only 15% of them had court appearances (taking into account also the period when they were juveniles). None of the girls was registered as a prostitute. Worth emphasis is the fact that children brought up in families where the mothers are alcoholics were not more frequently convicted or. arrested because of intoxication, than those where only the father was an alcoholic. The entire aspect of data related to the follow-up period of children from families of alcoholics up to the time when they were on an average 20 years old indicates that approximately half of the boys (45%) were neither convicted nor arrested by the police because of intoxication and that 79% of the girls were neither convicted nor arrested by the police. These data, due to the lack of detailed environmental interviews, as already mentioned before, do not permit identification of this category of juveniles with young adults showing no symptoms of social maladjustment. Examining the entire aspect of the studies under discussion it would be worth while to mention the results of research, conducted under the guidance of Professor Swięcicki in the years 1967-1968 on children of families of alcoholics, who underwent treatment in several outpatient clinics to cure their drinking habit, results which showed, that in these families there were twice as many pupils repeating the same grade in school and young persons between 18 and 27, maladjusted to life in society, than in families of control groups from the same social milieu. Simultaneously a significant fact was noted, namely that in families belonging to the category with the worst expectations a considerable part of children did not reveal symptoms of social maladjustment. One may assume that to a considerable extent this depends on the biogenetic and psychogenetic features of the children partly being modified by sociogenetic factors, be noticed themselves, which are only in our studies, too, could a considerable group of young adults, not convicted arrested in an inebriate state by the police, youngsters who perhaps did not reveal symptoms of social maladjustment, something which could, however, be established only on the basis of detailed studies of the milieu.
Źródło:
Archiwum Kryminologii; 1976, VII; 265-286
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
Tytuł:
Dalsze losy nieletnich i młodocianych sprawców przestępstw
The Follow-Up Studies of Juvenile Delinquents and Young Adult Prisoners
Autorzy:
Batawia, Stanisław
Żabczyńska, Ewa
Strzembosz, Adam
Szymanowski, Teodor
Powiązania:
https://bibliotekanauki.pl/articles/962206.pdf
Data publikacji:
1974
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
badania kryminologiczne
badania socjologiczne
nieletni przestępcy
recydywa
criminological research
sociological research
juvenile delinquents
recidivism
Opis:
Three follow-up studies were published, dealing with juvenile delinquents and young adult offenders, based on a random sample and material on: ‒ 100 boys charged with larcency, who during the period of the investigation in 1966 were barely 10-11 years old. This research concentrated in turn on all the 10-11 year-old boys charged with larcency and brought before a Juvenile Court in Warsaw; the follow-up period embraced 5 years; ‒ 358 former juveniles (10-16 years old) charged with theft in three districts of Warsaw and brought before a Juvenile Court in 1961-1962, whose further fate was investigated during the period when they were 17-20 years old and from among the same 243 former juveniles 13-16 years old, who in 1972 were already 24-27 years old; ‒ 17-20 year-old young adults released from 40 prisons throughout the country, after having served their sentences for various offences and whose subsequent recidivism was established during the course of 10 years from their release from prison in 1961. Two works, discussing the further recidivism of the juvenile delinquents, convicted for larcency obviously differ markedly regarding the age and follow-up period. The first work deals with the investigated up to the age of 15-16 only, the second also embraces the time when the former juveniles are already approximately 26 years old. However, both works unanimously emphasize the fundamental significance of early initiation of social maladjustment and demoralization for the prognosing of the rapidity and extent of recidivism. They stress the necessity to make use in practice as the only criterion for recidivism of juveniles, each new charge brought before a court and the number of times theft has been committed, being the subject of a given trial. Simultaneously these works reveal unanimously, that the majority of the juvenile delinquents charged with larcency, are brought up in families, which are unable to guarantee them the proper conditions for normal development and that in these families also many brothers of the juvenile delinquents charged with larcency revealed symptoms of social maladjustment and committed offences. The results of the studies under discussion also are unanimous as to the fact that with the majority of the juveniles could be found personality disorders. The material under discussion deserves special attention as regards the juvenile delinquents of the younger age groups. It is of great significance that many of the investigated 10‒11-year-olds charged with larcency committed theft already before. Long years of research, conducted by the Department of Criminology, Institute of Legal Sciences, Polish Academy of Sciences, testify to the fact that the majority of the juvenile delinquents charged with larcency and brought before Juvenile Courts are boys who already previously committed larcency more than once. Disturbance of the socialization process with these juveniles, usually reaches back to their early childhood, requires early discovery and interference at the earliest possible time in the form of surrounding the parents, brothers and sisters of the juvenile delinquent with care and also of controlling them. The results yielded by follow-up studies of the recidivism during a period of 10 years of the 17-20 year-old young adult offenders, released from prison in 1961, concentrate on young people whose recidivism is undoubtedly connected with serious social maladjustment already during their juvenility. Obviously one cannot identify these young adults released from prison with all the 17‒20-year-old young adults convicted by courts who received various sentences. The results of the follow-up studies of the young adult prisoners should contribute to the initiation of systematic, individual research regarding young adults convicted and receiving various prison terms and to the change of certain guiding lines of the penal and penitentiary policy in regard to young adult offenders.
Publikacja posiada następującą strukturę: Wstęp I. Ewa Żabczyńska: Dalsze losy 100 chłopców mających sprawy o kradzieże w wieku 10-11 lat II. Adam Strzembosz: Rozmiary recydywy u nieletnich podsądnych sprawców krażeży III. Teodor Szymanowski: Rozmiary recydywy u młodocianych więźniów po upływie 10 lat od ich zwolnienia z zakładów karnych
Źródło:
Archiwum Kryminologii; 1974, VI; 126-127
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Did Totalitarian Experience Shape Democratic Norms? Struggle for the Independence of the Polish Judiciary and its Results: Conclusions from Talks with Professor Adam Strzembosz
Autorzy:
Stanisław, Zakroczymski,
Powiązania:
https://bibliotekanauki.pl/articles/902875.pdf
Data publikacji:
2019-09-23
Wydawca:
Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego
Tematy:
Communist Poland
judicial independence
“Solidarity”
Adam Strzembosz
Polska Ludowa
niezawisłość sędziowska
“Solidarność”
Opis:
This paper is a confrontation of the statements made by eminent Polish Professor of Law, Adam Strzembosz, in the interview published in the form of a book Między prawem i sprawiedliwością, with the views presented in the legal, historical, and sociological literature. I describe the ways judicial independence was limited in Communist Poland, and the strategies judges undertook to counteract that phenomenon. Special emphasis is put on the attitude of the “Solidarity” movement towards this problem and the judge’s behavior under Martial Law. In conclusion, I try to prove that the post-totalitarian trauma in Polish judiciary provoked an “over-sensitivity” in regard to the judicial independence.
Źródło:
Studia Iuridica; 2019, 80; 421-438
0137-4346
Pojawia się w:
Studia Iuridica
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polska : walka, opozycja, niepodległość : studia z dziejów II RP, Polskiego Państwa Podziemnego i PRL : praca zbiorowa
Współwytwórcy:
Baran, Adam F. Redakcja
Data publikacji:
2000
Wydawca:
Sandomierz : Wydawnictwo Diecezjalne
Tematy:
Strzembosz, Tomasz
Strzembosz Tomasz (1930- ) księga pamiątkowa
Polskie Państwo Podziemne (1939-1945)
Podziemie polityczne i zbrojne (1944-1956)
Opis:
Książka dedykowana prof. dr. hab. Tomaszowi Strzemboszowi z okazji Jubileuszu 70-tych urodzin.
Bibliogr. publikacji T. Strzembosza. --- Indeks.
Dostawca treści:
Bibliografia CBW
Książka
Tytuł:
Polska : walka, opozycja, niepodległość : studia z dziejów II RP, Polskiego Państwa Podziemnego i PRL : praca zbiorowa
Polska. Walka, opozycja, niepodległość
Współwytwórcy:
Baran, Adam F. Redakcja
Data publikacji:
2000
Wydawca:
Sandomierz : Wydawnictwo Diecezjalne
Tematy:
Strzembosz Tomasz (1930- ) księga pamiątkowa
Strzembosz, Tomasz
Polskie Państwo Podziemne
Polityka zagraniczna
Podziemie polityczne i zbrojne (1944-1956)
Opis:
Książka dedykowana prof. dr. hab. Tomaszowi Strzemboszowi z okazji Jubileuszu 70-tych urodzin.
Bibliogr. publikacji T. Strzembosza. --- Indeks.
Dostawca treści:
Bibliografia CBW
Książka
Tytuł:
Polska : walka, opozycja, niepodległość : studia z dziejów II RP, Polskiego Państwa Podziemnego i PRL : praca zbiorowa
Współwytwórcy:
Baran, Adam F. Redakcja
Data publikacji:
2000
Wydawca:
Sandomierz : Wydawnictwo Diecezjalne
Tematy:
Strzembosz Tomasz (1930-2005) księga pamiątkowa
Polskie Państwo Podziemne (1939-1945)
Podziemie polityczne i zbrojne (1944-1956)
Opis:
Książka dedykowana prof. dr. hab. Tomaszowi Strzemboszowi z okazji Jubileuszu 70-tych urodzin.
Bibliogr. publikacji T. Strzembosza. --- Indeks.
Dostawca treści:
Bibliografia CBW
Książka
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