Wszystkie pola: delinquency in Poland - Katalog OPAC zbiorów

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Tytuł:: Zjawisko przestępczości nieletnich w Polsce
The phenomenon of juvenile delinquency in Poland
Autorzy:: Drzewiecki, Paweł
Powiązania:: https://bibliotekanauki.pl/articles/565017.pdf
Data publikacji:: 2016-12-01
Wydawca:: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
Tematy:: bezpieczeństwo
nieletni
Polska
przestępczość nieletnich
zagrożenia
security
juvenile
Polska
juvenile delinquency
threats
Opis:: Celem niniejszego artykułu jest przedstawienie przestępczości nieletnich jako zagrożenia dla bezpieczeństwa publicznego. Głównym problemem badawczym jest pytanie – jakie są skutki przestępczości nieletnich dla bezpieczeństwa publicznego? W artykule ukazano etiologię zjawiska przestępczości oraz wskazano rodzaje przestępstw popełnianych przez nieletnich. Zaprezentowano również przestępczość nieletnich w świetle danych statystycznych, co posłużyło do porównania skali zjawiska w Polsce i innych państwach Unii Europejskiej. Badania zrealizowano na podstawie opracowań poświęconych problemowi przestępczości nieletnich, a także bezpieczeństwa i przestępczości ogółem. Źródła te dotyczyły systemu prawnego panującego w Polsce, działalności poszczególnych instytucji państwowych oraz uwarunkowań i skutków przestępczości. Wykorzystano także treść aktów prawnych oraz dokumentów: informacji i raportów dotyczących postępowania przeciwko nieletnim i innych patologicznych zjawisk, a także warunkujących działanie poszczególnych organów państwowych w przeciwdziałaniu negatywnym zjawiskom społecznym.
The purpose of this article is to present juvenile deliquency as a threat to public security. The main research problem is the question – what are the consequences of juvenile delinquency to public safety? The article shows the etiology of the phenomenon and identifies types of crimes committed by minors. It also presentes juvenile delinquency in the light of statistical data, which was used to compare the scale of the phenomenon in Poland and other European Union countries. The research was carried out on the basis of studies devoted to the problem of juvenile delinquency, as well as security and crime in general. Sources concerned the legal system in Poland, the activities of the various state institutions and the conditions and consequences of crime. The content of legal acts and documents: information and reports on the proceedings against minors and other pathological phenomena, as well as conditioning the performance of individual state bodies in the fight against negative social phenomena were also used.
Źródło:: De Securitate et Defensione. O Bezpieczeństwie i Obronności; 2016, 2(2); 78-96
2450-5005
Pojawia się w:: De Securitate et Defensione. O Bezpieczeństwie i Obronności
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Zapobieganie przestępczości cudzoziemców w Polsce
Preventing the Perpetration of Criminal Offences by Foreign Nationals Residing in Poland
Autorzy:: Rzeplińska, Irena
Powiązania:: https://bibliotekanauki.pl/articles/698660.pdf
Data publikacji:: 2016
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: zapobieganie przestępczości
cudzoziemcy
kryminologia
preventing
delinquency
crime
criminal offences
foreign nationals
prevention
Opis:: It has been for several decades now that criminological literature has addressed the issue of crime prevention in societies. Helena Kołakowska-Przełomiec argued in 1984: “While trying to formulate a definition of crime prevention, on no account should we disregard the fact that a criminal offence may be committed only by an individual who lives in a certain specific setting, in a society. Crime prevention can therefore be associated with the conditions of the external world in which a person lives, the constraints of social interactions, interpersonal relations, as well as with the person’s own identity, selfdevelopment, lifetime experience, attitudes, aspirations, and the scope of individual activities. Accordingly, crime prevention may be associated with all that effectively makes up the fabric of an outside world in which the person lives, with the overall diversity of human activity, groups of people, and individuals. Indeed, such activity may be closely linked to crime prevention, or only indirectly related to it, or it may also be very far removed from crime prevention. Crime prevention may also exist objectively, without any human activity linked to it whatsoever (e.g. in a mountainous area devoid of roads it is effectively impossible to commit traffic offences).” The author formulated the following definition: “crime prevention is construed as any and all actions which might lead, be that directly or indirectly, to inhibiting the incidence of criminality at large, of criminal offences, and the development of criminal phenomena all over the world.” Ten years later, another definition of crime prevention was proposed by Janina Czapska: “crime prevention should to be construed as all measures aimed at reducing the overall crime incidence and load, either by limiting the circumstances conducive to committing criminal offences, or by exerting an impact on a potential perpetrator, as well as on all members of a society.” In a document of 2002 promulgated by the UN Economic and Social Council, crime prevention is construed as a set of policies and measures that “seek to reduce the risk of crimes occurring, and their potential harmful effects on individuals and society, including the fear of crime.” Modern Europe is a world of people who keep migrating, moving between countries. The presence of foreign nationals (i.e. those who are not the nationals of a particular country) in each of the EU Member States is a natural phenomenon, as they are the EU citizens and the third-country nationals. Criminal offences committed by foreign nationals are also natural enough, from random offences to fully premeditated ones, from minor offences to serious crimes, from common offences to criminal offences specific to foreign nationals in a particular country and during a specific period, committed under certain social, economic and political conditions. In Poland, police crime statistics have taken due note of foreign nationals as suspects since 1984. The proportion of foreign nationals to suspects in total in the period spanning 1984–1988 ranged from 0.1% to 0.5%. This proportion increased throughout the 1990s, from 0.8 in 1991 to 1.8% in 1996, and then to 2.02% in 1997. A decrease in this proportion was noted – 1.6% in 1998, 1.3% in 2000, 0.67% in 2004, and 0.43% in 2012. Foreign nationals suspected of committing criminal offences in Poland in the first decade of the 21st century come from 61 countries. 30% of them are EU citizens. The most numerous are citizens of Germany, Lithuania, Romania, Bulgaria and the Czech Republic. Foreign nationals from non-EU countries constitute 70% of all foreign national suspects, among which the most numerous come from the neighbouring countries: Ukraine, Belarus, the Russian Federation and Armenia. In short, foreign nationals suspected of committing criminal offences in Poland originate from the neighbouring countries: Ukraine, Belarus, Germany, Lithuania, and Russia. The overall picture of criminal offences committed by foreign nationals in Poland in the first decade of the 21st century is as follows: a negligible share of foreign suspects in the human crime category, a high proportion in the specific offences category, i.e. driving while under the influence of alcohol or drugs, whereupon, in the absence of a natural person victim, the only ‘aggrieved’ party is public order, i.e. road traffic safety. The high share of foreign suspects in the offences against the credibility of documents means that foreign nationals who hold residence in Poland, or who enter Poland, make use of forged IDs or travel documents. The overall picture that emerges from the police crime statistics still needs to be supplemented by such rare events as terrorist crime, crime committed in organized groups, or hard to detect crimes, e.g. illegal cigarette or illicit drug manufacturing. In line with the definitions cited above, with regard to each particular type of criminal offence committed by foreign nationals, an appropriate strategy needs to be determined. In each individual case and for each type of crime a separate listing of crime risk factors should be compiled. Smuggling (duly registered by the Customs Service) seems one of the ‘favourite’ types of a criminal offence committed by foreign nationals in Poland (even though Polish nationals also perpetrate this kind of crime). Smuggling takes place both at border crossings and elsewhere, along usually rather desolate, woodland areas straddling a state border, not subject to heavy patrolling by border guard troops. Moving contraband across the border stands to bring substantial profits to all parties involved. In 96% of cases, the contraband commodity of choice are the tobacco products. Foreign nationals are also registered in Poland as the perpetrators of business-related crimes: criminal offences aimed at obtaining material benefits at the expense of other parties involved in business activity. Judicial statistics indicate that foreign nationals are convicted for breaching the Industrial Property Act, including its provisions pertaining to trademark protection, followed by offences under the Copyright and Related Rights Act; here, for the most part, crimes involve illicitly replicated software, music, and movies on the market. The perpetrators of these offences are mostly Bulgarian, Romanian, Ukrainian, Belarussian, Armenian, Slovakian, and Georgian citizens. In the area of business crime, organized criminal groups appear to dominate. As may be gleaned from the case records, most groups dealt with violations of the trademark protection provisions, copyright, money counterfeiting, capital fraud, including bank loan fraud, offences related to ATM cards and Internet accounts, followed by insurance fraud and the offences related to trading in liquid fuels. The groups comprised criminals from nearly 20 nationalities, mostly from Bulgaria, Lithuania, Romania, Ukraine, and Armenia, and less frequently the citizens of the UK, Vietnam, China, Moldova, and Georgia. In the period spanning 2015–2016, a brand-new type of crime was uncovered, i.e. professionally organized illicit manufacture of cigarettes in Poland. The report on the status of national security in Poland for 2014 draws attention to the involvement of foreign nationals in criminal activities. Tax fraud committed by foreign nationals from EU countries appears to be on the rise. Foreigners register business ventures in Poland and then proceed to abuse the Polish tax system with a view to benefiting from undue VAT refunds. Combating business crime, as referenced in the Report, requires fostering closer cooperation between various departments, authorities, and statutory bodies involved in preventing and combating crime. This approach has already spawned a government programme for the prevention and combating business crime for 2015–2020, in which the key principles of the actual action plan have been laid down. Research on organized crime groups, including those involving foreign nationals, reveals that all groups intended to profit from criminal activities, were managed by strong leaders, with ethnicity being of much lesser importance in their operations. They are mobile, moving both across the territory of Poland and beyond its borders. Organized crime groups involving foreign nationals are multi-disciplinary; they are involved in drug-related offences, business crime, and other types of criminal pursuits. Variability in the actual type of criminal activity pursued is always dictated by the principal objective – the achievement of material gain. Prevention and combating terrorist threats in Poland is provided for in the National Counter-Terrorism Programme for 2015–2019. There is no single system for preventing and combating crimes committed by foreign nationals, and hence we are not going to formulate its objectives here. Prevention, i.e. the identification of risk factors for criminal offences committed by foreigners, may be pursued in relation to a particular type of crime committed at any one time (types of criminal offences vary over time). Combating or controlling the criminal behaviours of foreign nationals, to express it in modern lingo, may be pursued through obtaining adequate insight into the actual aetiology of various kinds of criminal offences committed by foreign nationals, and an appropriate penal policy.
Źródło:: Archiwum Kryminologii; 2016, XXXVIII; 5-13
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Systemowe uwarunkowania postaw nieletnich wobec wymiaru sprawiedliwości – raport z badań
The Key Conditions of Attitudes of Juvenile Delinquents Towards the Justice System: Considering Empirical Data From a Study Research
Autorzy:: Kusztal, Justyna
Powiązania:: https://bibliotekanauki.pl/articles/1365352.pdf
Data publikacji:: 2015-12-30
Wydawca:: Fundacja Pedagogium
Tematy:: postawy
przestępczość nieletnich
wymiar sprawiedliwości
niedostosowanie społeczne
instytucje kontroli formalnej
attitudes
juvenile delinquency
justice system
juveniles’ social maladjustment
institutions of formal control in Poland
Opis:: W artykule zaprezentowano wyniki badań własnych, dotyczących uwarunkowań postaw nieletnich wobec instytucji wymiaru sprawiedliwości i instytucji kontroli formalno-prawnej w Polsce. Uzasadnienie do podjęcia badań stanowi szeroko rozumiany kontekst uczenia się, którego integralnym elementem jest postawa wobec jakiegoś obiektu lub zdarzenia, manifestowana jako trwały sposób zachowania wynikający z przyjętych przekonań. Wśród wielu uwarunkowań negatywnych postaw nieletnich wobec wymiaru sprawiedliwości szczególne znaczenie ma obszar działania instytucji wymiaru sprawiedliwości i uczestników postępowania w sprawach nieletnich, takich jak sąd, obrońca oraz instytucji kontroli formalno-prawnej czyli Policji.
The aim of the article is to present the results of my own research concerning the key conditions of attitudes of youth (referred to as juveniles or juvenile delinquents) towards institutions of the justice system and institutions of formal control in Poland. The rationale behind conducting the study lies in a broadly understood concept of learning, an integral element of which is the attitude towards a certain object or event manifesting itself as a persistent behaviour resulting from accepted beliefs. Among the many conditions of juveniles’ negative attitudes to the justice system, especially important is the area of the functioning of institutions of the justice system and participators in juvenile delinquency proceedings, such as the court or defender, and institutions of formal control, that is, the police.
Źródło:: Resocjalizacja Polska; 2015, 10; 149-163
2081-3767
2392-2656
Pojawia się w:: Resocjalizacja Polska
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Symulakry wymiaru sprawiedliwości wobec nieletnich w Polsce
Simulacra of Juvenile Justice System in Poland
Autorzy:: Płatek, Monika
Powiązania:: https://bibliotekanauki.pl/articles/698977.pdf
Data publikacji:: 2006
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: wymiar sprawiedliwości
postępowanie w sprawach nieletnich
przestępczość nieletnich
przemoc
juvenile justice system
violence
juvenile delinquency
Opis:: The article relates to the analysis of responses to violence in the everyday life of a democratic society. The evolution of the juvenile criminal justice system serves here as a litmus paper of the today's neo-liberal European countries. The article critically evaluates the arguments of F. Bailleau and Y. Cartuyvels who present the development of contemporary juvenile justice in terms of neo-liberalism. They claim it is the main reason to answer the question of how long the child should be treated as a child? However, we are still left with the question of what to do with those young people who act like offenders who demand more severe punishment. In her paper, the author presents the possible model of social control that responds to violence using the F.H. McClintoc's model adopted and modified in the model presented by D. Black in Behaviour of Law. The author argues that selecting a criminal model from among different possible models of social control might be an influence of the neo-liberal policy, yet it is not necessary. The examination of different models currently present in the society should help to answer the question of whether the present policy results from the neo-liberal policy as F. Bailleau and Y. Cartuyvels suggest? Or is it rather due to what Zygmunt Bauman named as the penal effect of globalisation? The author examines how much of the present practice within the juvenile justice fits Jean Baudrillard's era of simulacra where we offlcially tend to fight crime and do good, but in practice, as Michel Foucault pointed long time ago, the goal is somewhat different and detached from both the perpetrator and the victim? The paper also looks at how accurate in this case the analysis of Pierre Bourdieu would be that we tend to accept the perceived reality as natural, for we do not have the proper procedure to see that other solutions are also possible? At the end the paper, the author suggests what elements should be included within juvenile justice system to free it of the simulacra syndrome.
Źródło:: Archiwum Kryminologii; 2006, XXVIII; 281-297
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Przestępczość w Polsce w latach 1954-1958 w świetle statystyki milicyjnej
Delinquency in Poland in the years 1954 to 1958 in the light of police statistics
Autorzy:: Jasiński, Jerzy
Syzduł, Edward
Powiązania:: https://bibliotekanauki.pl/articles/699138.pdf
Data publikacji:: 1960
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
struktura przestępczości
statystyka
przestępstwa przeciwko mieniu
przestępstwa przeciwko życiu i zdrowiu
wypadki komunikacyjne
samobójstwa
prostytucja
delinquency
structure of delinquency
police statistics
offences against property
offences against life and health
road accidents
suicides
prostitution
delinquency in Poland
Opis:: From the years 1945-1946 down to the present moment Polish police statistics have undergone a number of transformations and improvements concerning the collection of data, their elaboration, as well as the scope of the information collected. Judging on the basis of data coming from the years 1956-1957, about 90 per cent of the criminal cases made over to the law-courts with an indictment went through the hands of the police. The majority of the remaining 10 per cent of cases were dealt with direct by the Public Prosecutor’s Office (cases for a great variety of serious offences) or else by certain administrative organs (cases of minor forest thefts, tax offences, minor frauds in commerce, and a few others). In this way, police statistics may be considered as a source which makes it possible to form a relatively full picture of the offences brought to light in Poland. Certain transformations have also been undergone by the problem of the statistical unit accepted by police statistics. While previously (down to 1956-1957) such a unit was a criminal case (which might comprise a larger number of them), at present such a unit, in principle, consist of one offence. By offences, in police statistics, are understood felonies or misdemeanors, i.e. acts dealt with by the 1932 Criminal Code, still in force, or by special penal statutes, and for which the penalty is over three months custody or a fine of over 4500 zlotys. The statistical material contained in the present contribution has not been published so far, apart from the basic information provided by the Statistical Year-Books for the years 1956, 1957, and 1958. The number of the population of Poland increased from about 27 000 000 to 29 000 000 during the 1954 to 1958 period, while the number of city and town dwellers increased from about 11 300 000 to 13 500 000, and that of village dwellers decreased from 15 700 000 to 15 500 000 in the same period. In the course of the above-mentioned period, therefore, the number of offences known to the police increased by 35 per cent, but the rate of delinquency, in connection with a certain increase in the total number of the population, increased only by 27 per cent. In the period preceding the Second World War, in the years 1927 to 1937, the number of offences brought to light every year was considerably larger (in 1934 as many as 658 thousand were registered, and in the years 1935 to 1937 nearly 600 thousand per annum); the rate of delinquency was expressed by the following coefficients: in 1934 - 2000, in 1935 - 1770, in 1936 - 1760, and in 1937 - 1710. The magnitude of delinquency in the years 1954 to 1958 differed considerably as between the territories of the several voivodeships. The highest rate of delinquency could be observed in the voivodeships of the Western Territories, with the exception of the voivodeship of Opole (in the several years of the period under investigation coefficients oscillated between 1450 and 2130), in the two largest cities: Warsaw (2470 b 2760) and Łódź (1590 to 1970), as well as in the most highly industrialized and urbanized region of the country' formed by the voivodeship of Katowice (1400 to 1680). Nearly one-third of all the offences known to the police were committed on the territory of a mere three voivodeships (those of Katowice, Wrocław, and the City of Warsaw), which contain rather over one-fifth of the country's population. The offences brought to tight by the police have been divided into four groups according to their kind: group I consists of offences against property, group II - of economic offences, group III – of offences against life and health, and group IV – of all the other offences. Offences against property, which comprise the accaparation of social property, thefts of individual property, robberies, frauds, forgeries, and damage to property, in 1954 and 1955 constituted about 70 per cent of all the offences brought to light (the number of such offences known to the police in these years was 214 470 and 238 911 respectively), in 1956 and 1957 about 65 per cent (241 543 and 261 621 offences respectively), and in 1958 about 60 per cent (251 788 offences). Their rate, in the years 1954 to 1958, was expressed by the figure of from 780 to 920 offences per 100 000 of the population. In the 1954 to 1958 period, approximately 91 000 to 124 000 offences of accaparating social property were brought to light annually, while their number kept continually increasing down to 1957; in 1958 about 117 000 of them were made known to the police. It is a generally known and emphasized fact that the size of the obscure figure is particularly big with offences against property. It is to be presumed that this obscure figure is most conspicuous in the case of offences against social property. Among the offences against social property between 11 000 and 15 000 were burglaries. Out of a total of 11 989 of such offenses brought to light in 1958, 24 per cent were committed in the country (so that there were 188 of them for each 100 000 village dwellers), and 76 per cent - in the cities and towns (there were 679 of them per 100 000 of the population). According to the size of the cities and towns, the coefficients which depict the number of burglaries per 100 000 of the population assumed the following proportions: towns of up to 50 thousand inhabitants - 622, from 50 to 100 thousand inhabitants - 651, 100 to 200 thousand inhabitants - 676, and over 200 thousand inhabitants - 810. During the 1954 to 1958 period an approximate annual figure of from 111 000 to 131 000 thefts of individual property was known to the police, but as from 1955 their number diminished from year to year reaching the figure of 112 883 in 1958. Of the latter offences, 31 per cent were committed in the country (coefficient: 230), and 69 per cent in the cities and towns (coefficient:580). In the case of theft of individual property there was also a dependence between the size of the towns and the rate of such offences: in towns with a population below 50 thousand it was expressed by a coefficient of 470, in towns of between 50 and 100 thousand inhabitants - 720, from 100 to 200 thousand inhabitants - 620, over 200 thousand inhabitants - 750. Thefts of individual property with burglary amounted to 11 577 in 1958 (and their number has kept decreasing from year to year, starting from 1955, when 18 455 of them were known to the police. 13 per cent of them have been committed in the country (coefficient 154), and 87 per cent in the cities and towns (coefficient 689). According to the size of the towns, going from the smallest to the largest, the coefficients showing the rate of such offences were expressed in the following figures in 1958: 397, 918, 929 and 1067. If we count together the accaparation of social property and thefts of individual property and treat them jointly as thefts, it would appear that in the years 1954 to 1958 from 200 000 to 245 000 such offences were made known to the police every year; their rate was expressed by the figure of from 750 to 860 per 100 000 of the population. In the years 1954 to 1957 from 3000 to 4000 forgeries were known to the police every year; their number has tremendously increased in 1958, reaching the very figure of 6300 (i.e. 217 per 100 000 of the population). The number of robberies brought to light by the police amounted to 2066 in 1954 (coefficient:76), 2503 in 1955 (coefficient: 91), 2905 in 1956 (coefficient: 103), 3185 in 1957 (coefficient: 112), and 2503 in 1958 (coefficient: 89). The decrease in the number of such offences recorded in 1958 is estimated as connected with a real decrease in their number. Of the total of robberies known to the police in 1958, 35 per cent were committed in the country (thus there were 46 of them per 100 000 of the population), and 65 in the cities and towns (138 per 100 000 of the urban population). According to the size of the towns (from the smallest to the largest) the coefficients depicting the rate of robberies committed there looked as follows: 85, 141, 194, 213. The number of cases of receiving stolen goods has considerably increased within the 1954 to 1958 period, from 816 in 1954 (coefficient: 32), to 1880 in 1958 (coefficient: 65). Group Two of offences, described by the name of economic offences, has been made to include cases of speculation, corruption and neglect of duty by civil servants resulting in damage to the State economy, further, Treasury offences, and currency offences. In the years 1954 to 1957 from 36 000 to 40 000 such offences were known to the police every year; in 1958 their number has considerably increased, probably in connection with a greater diligence in prosecuting them, and amounted to as many as 53 579 (coefficient: 190). Group Three - that of offences against life and health - comprises: murder and manslaughter, infanticides, inflicting grievous injury to the body, and brawls. The total number of such offences has very considerably increased in the years 1954 to 1958, namely from 18 583 in 1954 (coefficient: 70) to 28 910 in 1958 (coefficient: 100), i.e. by about 60 per cent. Their share among all the offences recorded by the police has increased from 13 per cent in 1954 to 21 per cent in 1958. In the years 1954 to 1958 from 700 to 900 murders and manslaughters were recorded annually; in 1958 803 of them were known to the police, of which 620 were carried out and 183 attempted. Consequently there were 28 such offences per 100 000 of the population that year. In 1937 3 314 murders and manslaughters were recorded, i.e. 96 per 100 000 of the population. The number of infanticides recorded by the police did not go beyond the figure of 90 per year (in 1958 there were 75 such cases). In 1937 802 infanticides were brought to light. The number of recorded cases of inflicting grievous injury to the body and of participation in a brawl (with using a dangerous tool or else if death or grievous injury to the body were the result) has very considerably increased in the years 1954 to 1958 from 5 508 in 1954 (coefficient: 204) to 10 005 in 1958 (coefficient: 346). In 1954 6146 cases of inflicting serious or very serious injury to the body were known to the police (coefficient: 227), in 1958 – 8 350 (coefficient: 289). In 1954 6123 cases of inflicting slight bodily harm were record ed (coefficient: 227), and in 1958 _ 9677 (coefficient: 335). Of the offences included in Group Four particularly noteworthy are the offences against morality. In 1958 969 cases of rape were recorded; 901 cases of immoral acts with juveniles under 15 years of age, and 290 cases of abetting to prostitution and deriving profits therefrom. In the Polish text, the present contribution is supplemented with an annex which provides the more important items of the information collected by the police concerning road accidents, suicides, and prostitution.
Źródło:: Archiwum Kryminologii; 1960, I; 7-53
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Przestępczość nieletnich w USA i w Polsce na podstawie wybranych statystyk kryminalnych
Juvenile delinquency in the USA and Poland based on selected criminal statistics
Autorzy:: Bernasiewicz, Maciej Witold
Noszczyk-Bernasiewicz, Monika
Powiązania:: https://bibliotekanauki.pl/articles/698924.pdf
Data publikacji:: 2019
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: rozmiary
struktura i dynamika przestępczości
nieletni
statystyki w USA i Polsce
extent and trends of criminality
delinquent
statistics in USA and Poland
Opis:: The article discusses the extent and trends of juvenile delinquency in the US and Poland. The text also deals with various types of statistics and databases that we can use when describing the phenomenon of crime. Despite different demographic trends, in both countries we are observing a downward trend in the broadly understood juvenile delinquency, which is considered to be the aggregate of delinquent acts and status offenses. In the USA, in 1980-2017 the number of arrests decreased by 59.8%, while in Poland the decrease in the number of delinquents - taking into account the period 2000-2018 - amounted to 30%. The most significant impact on the decreasing level of juvenile delinquency in both countries had a decrease in the number of property crimes.
W artykule omówiono rozmiary, strukturę i dynamikę przestępczości nieletnich w USA oraz Polsce. Tekst traktuje również o różnych rodzajach statystyk oraz bazach danych, z których możemy korzystać, gdy dokonujemy opisu zjawiska przestępczości. Pomimo odmiennych tendencji demograficznych, w obu krajach mamy do czynienia z trendem spadkowym w zakresie szeroko pojętej przestępczości nieletnich, za którą uważa się liczone łącznie czyny karalne, jak i przejawy demoralizacji (w USA status offenses). W USA w latach 1980-2017 liczba zatrzymań nieletnich obniżyła się o 59,8%, zaś w Polsce spadek liczby podsądnych – biorąc za okres analizy lata 2000-2018 - wyniósł 30%. Najbardziej istotny wpływ na obniżający się poziom przestępczości nieletnich w obu krajach miał spadek liczby przestępstw przeciwko mieniu.
Źródło:: Archiwum Kryminologii; 2020, XLII/2
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Przestępczość nieletnich w Polsce w latach 1961-1967 (rozmiary, struktura przestępczości, orzeczone środki)
Juvenile delinquency in Poland 1961-1967 (extent, structure, adjudicated means)
Autorzy:: Jerzy, Jasiński
Powiązania:: https://bibliotekanauki.pl/articles/698896.pdf
Data publikacji:: 1969
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
recydywa
kara pozbawienia wolności
młodociani
alkoholizm
nieprzystosowanie społeczne
agresja
zakład poprawczy
crime
recidivism
imprisonment
juvenile
alcoholism
social maladjustment
aggression
juvenile detention center
Opis:: 1. Problems related to juvenile delinquency have always been a subject of vivid interest of both scientific circles and the community at large. Consequently, juvenile delinquency has probably become a criminological problem given a most profound consideration and any studies which concern that type of delinquency get a vivid response also outside a nanow expert community. Among such studies, modest though and certainly not foreground place is occupied by analyses of statistical materials. Since the results of the analyses mentioned “grow old” much quicker than do the results of individual, more advanced studies, it seems purposeful, therefore, to make efforts in the direction of bringing them more up-to-date. At least one problem seems to demand such up-dating most specificaliy, i.e., the problem of the assessment of the general data obtained from the police and judicary statistics since such data can be one of juvenile the bases for determining the extent of delinquency. Having considered that within the meaning of the criminal law juveniles and adults are, in an arbitrary manner, demarcated merely by age limit (before or after 17 years of age at the moment an offence was committed) whose artificiality is somehow shocking from the criminological point of view, it seemed also advisable to-include in this study other questions related to the extent of delinquency of young adults as well as to consider its situation against the background of the adult population. Another group of questions discussed is connected with the structure of delinquency; also special attention has been paid to questions of place the suspects or those found guilty (and young adults, too) herd among the total numbers of suspected or convicted adults. Finally, there is the third group of questions given special consideration in this study, namely the educative and correctional means adjudicated upon juveniles. Although there is a good deal of information on that particular topic as well as more or less detailed papers concerning the analysis of these kind of data nevertheless the material in question has not so far been analysed in terms of an adequately long period of time which would permit to seize certain clearly-cut tendencies in adjudication of particular kinds of means, especially against the background of various fluctuations of numbers of juveniles appearing in the court. In that chapter of this essay, the studies have been considerably extended to include 1951-1967 instead of 1961-1967 as in the remaining ones. 2. 1. In analysing various kinds of contexts in which, particular authors mention the range of juvenile delinquency - especially when they are alarmed by its increase or whenever they are pleased to note its stabilization or decrease - one may easily see that the authors usually have different things in mind. Sometimes their opinions are based on more and sometimes on less founded assumptions or estimations concerning the number of juvenile offenders themselves, sometimes on the number of their offences, the importance of such deeds or their frequency rate, the degree of social depravity in juveniles appearing in courts, and finally, together - on a series of the abovementioned instances (and also on ones not mentioned there). Anyway, always where one or another adequately justified opinion on the extent of juvenile delinquency is found, the reader is able either to know at once or to trace back what in ęach particular case was the measure of the extent in question. The purpose of the present study is to show different ways for the determination of the detected extent of juvenile delinquency and to present certain groups of data which might serve as the most appropriate criteria for the evaluation of the dimensions of delinquency; furthermore, the intention of the present author is to show that at least some of the criteria are by no means of competitive nature but that they rather permit us to grasp different aspects of the problem of juvenile delinquency. It would be difficult therefore to forejudge about the superiority of one criterion over another as they concern different aspects of the samę problem and as such may have a different impact for our analyses, depedent on the line of our research. 2. A relatively large number of juveniles found among the total number of suspected or convicted individuals may sometimes incline us towards making certain far-reaching statements concerning the extent of juvenile delinquency. Some people hold the opinion that whenever juveniles (or sometimes juveniles and young adults) constituted a considerable portion of the total number of offenders, the range of their delinquency should be recognized as significant, if only on account of their share in delinquency. The author is doubtful about the rightfulness of such an opinion if it were only for a specific character of the juvenile delinquency structure, the importance of offences or also for other than in the case of adults, aims of prosecution (in the broadest meaning of that word). It does not mean, however, that it would not be worth while what is the place the known now in Poland juvenile offenders hold among the total number of individuals convicted. In 1961-1967, juveniles under 13 years of age constituted merely 2-3 per cent of the total number of individuals convicted (similar percentage was noted in the last decade 1951-1960). Together with 13-16 year-old offenders, the juveniles constituted only a group of several per cent - and in recent years - a dozen-or-so per cent group. The number of very young and young that had been found guilty (i.e., juveniles and young adults) was bigger but stin did not exceed 1/5-¼ of the total number of the individuals convicted out of which half were almost 30 or older at the time they committed the offences. It is fitting to note at this point that in a number of countries, persons under 21 years of age constitute 1/2 and sometimes 2/3 of the total number of the individuals convicted or suspected. It may then be said that from the point of view of a relative quantity of juveniles found in the total number of the individuals convicted, that juvenile delinquency in poland may still be estimated as a highly moderate one. 3. Out of all the available methods that can be employed for the evaluation of the extent of juvenile delinquency the simplest one is that which bases on the statistical data concerning the number of juveniles found guilty, or more broadly juvenile adjudgments, or even still more broadly - the number of cases in which a juvenile was suspected of an offence. The limitations involved in the use of such a criterion are quite evident since in applying such a criterion we fail to consider any consequences of the fact that the number of adjudgements or findings of guilt is hardly synonymous with the number of juveniles adjudicated or found guilty (which could after all be justified), but - and this is less acceptable - such a number does not bear any relation to the wider population - events or individuals - against whose background it occurs. However, from one point of view this criterion is important, namely it provides relatively accurate information about one of the quantitative aspects of risks faced by the police and the court of law, involved with the conduct of proceedings and with the adjudication upon the offences committed by juveniles. This criterion becomes particularly important whenever we tackle with organizational problems of courts for juveniles, or the needs for staff or institutions. For the last seven years, the total number of adjudgements increased from about 47 thousand to 71 thousand (i.e. by 52 pet cent). As compared with 1951 (abo 26 thousand), the total number of the adjudgements in 1967 was almost threefold. Close to the latter was the number of juveniles suspected by the police of offending the law (for the last four years past, it was 53 to 70 thousand a year). Out of the total number of the adjudgements, the findings of guilt held similar place (54 to 56 per cent) slightly lower than in 1951-1960 when the proportion was about 56 to 61 per cent. In the seven-year period discussed, the proportion of discontinuations of legal proceedings evidently increased: at the present moment, 33 to 34 per cent of juvenile cases are dismissed, in 1951-1960 on the other hand, the proportion having been 20 to 30 per cent. Various categories of juveniles are involved therein. Acquittals are a particular category of adjudgements; the absolute number of acquittals was on an approximate level (2,300-2,800) but owing to the simultaneous increase in the total number of adjudgements, the percentage of acquittals decreased to 4 per cent. Perhaps it is worth while remembering that acquittals were as many as 11 per cent of adjudgements in 1951, but already in 1952 and onwards, the proportion had been stabilized on the 6 to 7 per cent level. The fact that it is so low now should perhaps be recognized as a positive phenomenon; it seems to give evidence that magistrates, who but certainly conduct also preparatory proceedings, do not send cases too hastily for hearing where the juvenile's guilt seems insufficiently made probable to them. It may be asked upon how many juvenile suspects educative-or correctional means are adjudicated following a finding of guilt. A summary of the data obtained from the police or court statistics may supply an answer. As was said before, cases of almost 60 per cent of suspected juveniles end up with a finding of guilt, that proportion being slightly lower in boys than in girls and in lower age groups rather than in older. Very few suspects of 7 to 9 years of age are found guilty (7 per cent). Those proportions increase rapidly already in 10 year-old suspects (47 per cent) and grow up to 13 yearsage-group (62 per cent) showing then a stabilization on a similar level. According to the information mentioned, in 1961-1967 annual numbers of findings of guilt were 27 to 38 thousand. Those numbers included, of course, a majority of findings of guilt by juvenile courts and also sentences of ordinary courts. The latter were concerned with cases when a juvenile was 17 years of age prior to the beginning of the hearing or when he or she acted together with an adult and when according to the prosecution's decision “for the benefit of the administration of justice” their case should not be transferred to the juvenile court. The proportion of findings of guilt by ordinary courts of law was about 9 to 11 per cent in 1961-1967, having been slightly lower than in 1951-1960 when sometimes it reached even 13 per cent. This is probably connected with some lowering of the mean age of juveniles found guilty for the last few years as compared with that observed in 1951-1960. 4. The number of juveniles upon whom judicial.educative or correctional means had been executed provide information about another side of the quantitative aspect of work facing the juvenile courts. The number of juveniles under court control due to a committed offence increased from 34,520 in 1951 to 58,005 in 1967 and that is by 68 per cent. This seems to be an effect of not only an increase in the number of juveniles found guilty but also of a prolonged average duration of execution of means. That considerable number of juveniles upon whom means were executed should perhaps be further increased. So, for instance, in 1965 45.055 children and youth were placed under juvenile court control, established according to civil proceedings, and under ordinary court control there were another 23,699. As for some portion of the number of such juveniles, court control was certainly connected with manifestations of their social maladjustment, with behavioural disturbances not varying in nature from those for which other juveniles were found guilty. Also in some of those cases, the way of carrying out the control did not differ significantly from the means usually applied, such as supervision order, probation or approved school. 5. Since in the hitherto discussed ways of understanding the range of the detected juvenile delinquency the main stress was laid on absolute numbers, in the present analysis of the standards some attention may be paid to relative numbers resulting from a reference of the number of findings of guilt to some population of individuals concerned or of the number of juveniles found guilty to some broader population of which they were a portion. The objective of such an analysis is to illustrate the degree to which the phenomena of delinquency have been spread throughout the juvenile population. This will lead to quite a different manner of appreciating the juvenile delinquency range. It will not be considered weighty e.g., when the number of findings of guilt will reach some definite level but when the number of juvenile offenders in the juvenile population will be sufficiently high. The most common standard of that kind is represented by delinquency which, if applied for analysing data of court statistics with regard to juvenile delinquency, is represented by the number of findings of guilt as one pro mille of the entire juvenile population. As compared with absolute numbers, the above listed rates give the following picture: between 1961 and 1965, a slight (a few-per-cent) increase in the number of findings of guilt was observed, however, considering that this was accompanied by a much higher increase in the number of i0-16 year-old juveniles, the rates showed a decrease. During the following two years; there was a significant change of that situation, the increase in the number of findings of guilt was then so high that it brought about also an increase in rate values which in 1967 became 15 per cent higher than those in 1961. The increase in rates was by no means equal in all age groups of juveniles concerned, some were not involved at all. The rates in all age groups of girls were found on similar level as in 1956-1960. Thus, the increase in the number of findings of guilt in girls was proportional to the increase in the total population of 10-16 year-old girls. The annual average was one finding of guilt per 1,000 girls in that particular age group. With boys, the situation was different; here we had to deal with a general increase in rates as compared with that observed in the preceding five-year period. The increase in rates was very high in 14-16 year-old boys (by 19-23 per cent), approximate level was maintained in12-73 year-old boys and a decrease was observed in 10-11 year-old ones (by 5-10 per cent). An average rate of 196l-1967 for the total population of boys was 12,2 and showed that an annual average in the discussed seven-year period was one finding of guilt per 82 boys between 10 and 16 years of age. In our earlier discussion of the rank that the findings of guilt in juveniles held among the total number of such findings in 1961-1967, also young adults were mentioned. There were more findings of guilt in young adults although the latter belong only to four age groups (17, 18, 19 and 20) while the juveniles - to seven age groups at least. The above listed findings show first of all a systematic decrease in numbers of convictions in young adults (1961 -1964) followed, as compared with the 1961 level, by an increase (1965-1967) by 9 per cent in made and by 2 per cent in female offenders. This movement of absolute numbers of convictions in young adults was accompanied by simultaneous but considerable decrease in rates which although failing to increase after 1964, have maintained thę level of that year. Consequently, the relevant rates, as compared with 1961, were in 1967 - 30 per cent lower in men and 33 per cent in women. These changes were caused by a few independent agents whose effects were partially accumulated. Therefore it must be said that the rates in young men and women in 1961-1963 were on an approximate level. Its rapid decrease took place in 1964, which was undoubtedly connected with the Act of Amnesty of 20th July 1964 whose bearing on the number of convictions was certainly felt in 1965, too. At the same time, the effect of another diminishing agent was felt: according to the Decree of 28th March 1963, a certain number of young adults ceased to be subject to ordinary court proceedings since the conscription age limit was lowered to be 19 instead of 20 Years of age. In 1967, a successive agent appeared on the scene to have a bearing on the number of convictions in that category of individuals concerned (as well as of the adult population, too). Namely, in accordance with the provisions of the Decree of 17th June 1967, a series of minor offences were classified as non-indictable offences having at the same time become subject of administrative and not judicial proceedings; minor speculations or theft had been involved. As far as the rates were concerned, an additional element started functioning; it was a process of leaving the young adult age group by individuals born during the war (law quantity year groups) on one hand and of entering into that particular age of very numerous year groups of those born after the war, on the other. Prospectives for an extent of young adult convictions for the next few years to come should perhaps be worth while mentioning now. As a result of a thorough analysis of the young adult conviction rate in 1961-1965, of legislative changes and of foreseen changes in numbers of the total young adult population (which will still be increasing for another few years) - the author had drawn the following conclusion. In 1970, the number of convictions of male young adults will probably be about 38 thousand while the rate will reach about 28.0; the relevant figures for females will be 5.5 thousand and 4.0 respectively. In closing our remarks on an evaluation of juvenile and young adult known delinquency extent, made in terms of rates, it might be said that analogically to earlier rates based on the numbers of convictions, also other ,,rates" might be established, where data on numbers of juveniles on whom educative or correctional means had been executed by juvenile courts, could be utilized. A reference of the number of such juveniles to the total number of 10-16 year old ones would lead to the following findings: in 1961, they were 8.7 pro mille of all juveniles of 10-16 years of age but after 7 years - they were 11.8. Thus, as per 31st December 1967, out of each 86 juveniles of 10-16 years of age group, one was under a juvenile court control a subject of executed educative or correctional means. 6. So far, analyses of a degree, to which known juvenile delinquency had spread among youth, were based on information about findings of guilt, however, there is also a possibility to define it by reference to the number of juveniles found guilty. To do so, one has to know how many juveniles, out of those born during one calendar year were found guilty for offences committed by them at thęir juvenile age, exclusively between 11th and 17th years of age. By making use of the data on findings of guilt in 1950- 1960, one could see that for each year group of juveniles born in 1941, 1942, 1943 or 1944, the number of individuals found guilty were 14.1 to 14.9 thousand; their percentage, related to the total number of those born in the said year groups' was 3.5 to 3.8 per cent (for boys only - 6.3 to 6.8 per cent). Thanks to the fact that complete data on findings of guilt have now been available for 1961-1967, an extention of the analysis with respect to few further year groups could be possible. As it may be seen, the numbers of juveniles found guilty, born in the successive years just after the war, increased rapidly (from about 15 to 28 thousand). That increase, however, took place with a simultaneous considerable increase in general quantities of those particular year groups. In the entire population of those of 17 years old, the percentage of juveniles found guilty was approximately on similar level (on a slightly.higher levęl than in the case of those born during the war). Although such a percentage was low in girls, in boys it grew up as high as 6,7 to 7,5 per cent. This means that approximately every thirteenth - fourteenth young adult of 17 years of age born between 1945 and 1951 had already been found guilty for an offence committed at his juvenile age. Analogical attempts to define the number of found guilty within some longer period of time, where findings of guilt could be referred to not only to one but to a sequency of years - in young adults - are more difficult than in juveniles. It is because of relevant shortage of statistics in Poland. By way of analysing data on convictions in 1951 -1963, I had defined some approximate number of young adults, born in 1939, 1940, 1941 and 1942, covicted, at whatever moment of the entire four-year period when they were young adults (between I7 and 20 years of age). In the population of 21 year-old men (born in the above mentioned years) there were about 15 per cent of those who had once been found guilty at their young adult age. This means that approximately every seventh man at that particular age had been convicted at his young adult age. Should the entire eleven-year period between 10th and 21st year of age be taken into account, one would have to accept that every sixth had been found guilty. The above mentioned figures seem very high, indeed. This calls for a thought to be given as to whether or not the penalization extent in this country is not too much expanded or whether or not penal means are too hastily applied when - without prejudice or even to some purpose - they could be given up. 7. So far, data of twofold nature were used for defining standards of known juvenile delinquency extent: numbers of individuals (found guilty) or numbers of events, such as findings of guilt, adjudgements or cases in which a juvenile was a suspect. Let us mention another type of dates which in its character is approximate to the latter category: numbers of offences where juveniles were suspects. Relevant information is provided for by police statistics. According to data of that kind, numbers of offences where juveniles were suspects were 99,588 in 1956 and 110,892 in 1967. 8. Also various ways of interpretation of known juvenile delinquency extents as well as various standards of such extents were discussed. In dealing with legal order endangered by juveniles, attention will first of all be paid to the numbers of offences where juveniles were suspects, especially, so if that standard would adequately be enriched by data concerning the kind or importance of such offences. If interest is taken in quantitative aspects of tasks facing ouf courts of law, the juvenile delinquency extent will be looked at through a prism of the number of adjudgements (especially - of findings of guilt) as well as of the number of subjects under the juvenile court control due to execution of educative or correctional means adjudicated. In that particular area, the extent of juvenile delinquency for the recent seven-year period considerably increased, what might to a certain degree be related to a general increase of the youth population in this country in that period. If one wants to know the degree to which manifestations of known to the police major juvenile depravity has bęen spread, delinquency rates should be used or - what even allows for a broader look at that problem - the percentage of those found guilty for offences committed at their juvenile age in relation to the young adult population born in particular year groups. The abovementioned rates as well as - though to a minor extent - the percentages seem to show that the known juvenile delinquency in this country increased, especially for the last few years. 3. A definition of the delinquency structure is usually understood to include the elements delinquency is composed of and the numerical ratio of delinquency groups differentiated either from delinquency as a whole or from its particular categories. If so understood, in analysing the delinquency structure it is only natural to use a body of information in which offence is a unity. This may be data on the total number of offences committed in a selected area at a certain definite time, irrespective of the method of its evaluation; this may also be a body of data on known offences, on offences where a suspect had been determined in the course of preparatory proceedings or, finally, a body of information about offences where offenders had lawfully been convicted or found guilty. In most cases no such data are available (except perhaps for the second of the mentioned bodies of information which is a fundamental section of police statistics). However, where interest is taken in the delinquency structure, related to a definite category of offenders - to juveniles, the analyser is as a rule compulsed to search for material of different kind. Such material would usually include data on findings of guilt, enriched as they are with information about the nature of offences concerned. An analysis of such data leads to the following conclusions: A considerable increase in the number of findings of guilt in 1961-1967 failed to produce any substantial changes of the juvenile delinquency structure. It is still offences against property (86 to 89 per cent) which are dominant in juvenile delinquency - mostly including theft of things of minor value. Besides, a somewhat numerous group embraced offences against the person (5 to 7 per cent), in which slight bodily harm (about 1/3 of cases), assault (1/5 of cases) and battery or grievous bodily harm dominated. Annually, there were 5 to 11 juveniles found guilty for murder and 21 to 35 for manslaughter. In 7967,614 juveniles were found guilty for sexual offences (1.7 per cent of the total number of findings of guilt in that very year); rape was found in more than a half of cases, the remaining ones having been fornication with juveniles below 15 years of age. About one per cent of cases included offences against public order officers. Offenders of other categories were few. A higher than average increase in the number of findings of guilt for housebreaking or burglary, for damage done to property, a series of offences against the person and for rape has been noted since 1961. This was accompanied by an increase of the mean age of juveniles found guilty annually - from 13,8 years in 1961 to 14,3 years in 1967. It is no wonder then that first of all an increase in the proportion of offences committed by juveniles of older year groups has been observed. A peculiarity of the.juvenile delinquency structure becomes clearly-cut, indeed, when compared with the young adult and adult delinquency structures. Differentiation of only 4 delinquency groups (against property, against the person, sexual offences and those against public order officers) is sufficient to embrace a) almost the entire juvenile delinquency (93 to 96 per cent), b) a considerable proportion of young adult ddlinquency and c) but only below 60 per cent of adult delinquency. The fact that a great majority of juvenile delinquency are related to offences against property (chiefly theft) of minor importance must by no means stipulate that such a delinquency should be neglected. On the contrary, the effects of commitments of various, often slight, offences turn out too often to be serious. This may not be clear when only single cases are considered but when the developing process of juvenile social depravation is taken into account whose that sort of offerences are but a fragment only. According to findings of individual studies, the extent of juvenile offenders demoralization shows either a slight or no connection with the objectively evaluated specific gravity of offences ascribed to juveniles. 4. The activities of juvenile courts or of ordinary courts of law with regard to the adjudication of educative or correctional means upon juveniles in 1951-1967 was the last question discussed in the study. A salient feature of the adjudication by our courts upon juveniles is their very considerable caution in applying means connected with separation of a juvenile from his or her familial community and sending them to an institution. The percentage of juveniles upon whom approved school or borstal had been adjucated was between 10 and 14 per cent, in recent years having been stabilized as l0 to 11 per cent. From that fact a conclusion can hardly be drawn that it was only every 9th or 10th juvenile upon whom an institutional order was considered necessary. Because it should always be remembered that the adjudication in that particular subject is influenced not only by an evaluation of the degree of juvenile social depravity, of educational valours represented by the juveniles' environment, of needs of the juvenile's himself, but also by the realistic possibility of execution of such an adjudication since there is chronic lack of placements in approved schools and very often felt lack of placements in borstals. With respect to further 15 to 24 per cent of juveniles found guilty, eventual need for applying institutional treatment must have been felt by the courts since executions of relevant adjustications had been suspended and 3/4 of cases were placed on probation. Probation was the most frequently applied means with respect to juveniles. That particular means was applied almost in 1/3 of all juveniles found guilty, the proportion of such adjudications having considerably increased in 1951-1967, i.e from 23.2 per cent to 32.2 per cent, so that the yearly number of juveniles placed on probation augmented threefold. Supervision order is another kind of means which used to be more frequently adjudicated early in the fifties and now it is adjudicated upon every 4th-5th juvenile. Most probably, the observed changes regarding preference of adjudication of probation is caused by development of such services enabling probation of increased numbers of juveniles found guilty. Admonition was a mean whose application seemed to be decreasing (it was adjudicated upon 23 per cent of juveniles in 1951 and only upon 14 per cent in 1967). A rapid decrease in the number of juveniles upon whom the courts were satisfied by applying that particular single act a few years after 1951, was probably due to a simultaneous rapid growth of the mean juvenile defendant age progressing according to a rise of the age limit of juvenile responsibility from 7 to 10 years of age (1954). On the other hand, the recently observed considerable decrease in proportion of such adjudications is undoubtedly closely connected with advising the courts in terms of limitation of means to be adjudicated upon juveniles of younger year groups. The choice of adequate educative or correctional means was no doubt influenced not only by the court having been convinced as to which was the best mean for the juvenile's re-education but also what were the realistic possibilities to get the mean executed. An open question is to what extent the changes of the structure of adjudicated means are a result of changes in categories of juveniles appearing at the courts.
Źródło:: Archiwum Kryminologii; 1969, IV; 149-202
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Przestępczość nieletnich dziewcząt we współczesnej w Polsce
Girls’ Delinquency in Contemporary Poland
Autorzy:: Woźniakowska, Dagmara
Powiązania:: https://bibliotekanauki.pl/articles/698973.pdf
Data publikacji:: 2006
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość nieletnich dziewcząt
badania aktowe
czyn zabroniony
girls’ delinquency
juvenile delinquency
prohibited act
Opis:: The aim of the research was to learn about juvenile girls in Poland: who they are, what we know about their families, what kind of prohibited acts they commit. Another goal was to confront the results of the survey with the common beliefs. The society is convinced that girls became more cruel and violent and even petit crimes are committed more often. The research results do not confirm such a proposition.
Źródło:: Archiwum Kryminologii; 2006, XXVIII; 375-387
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 9.

Tytuł:: Przestępczość młodocianych w latach 1951-1957 na podstawie statystyki sądowej
The delinquency of young adults aged 17 to 20 in Poland in the years 1951 to 1957 on the basis of judicial statistics
Autorzy:: Jasiński, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/699180.pdf
Data publikacji:: 1960
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość młodocianych
Polska
statystyka sądowa
skazani
struktura przestępczości
delinquency of young adults
Polska
judical statistics
convicted
structure of delinquency
Opis:: The Polish criminal law treats everybody who has completed his or her seventeenth year as an ,,adult" and does not provide for any separate principles of responsibility, nor for the possibility of applying any special means with regard to young adults, i.e. persons in the transition age between minority and full adult age. The Department of Criminology of the Institute of Legal sciences has, in the course of its investigation concerning the delinquency of juveniles (up to 17 years of age) and of young adults, singled out offenders between the seventeenth and the twentieth year of age, and carried out research on the problem of the forms which their delinquency assumed in the light of judicial statistics. During the period under investigation the total number of persons age 17 to 20 among the whole population of Poland amounted to an approximate figure of between 1 800 000 and 1 900 000 persons, including from 910 000 to 960 000 men and from 900 000 to 960 000 women (the total of Poland’s population aged over 17 amounted to from 16 600 000 to 19 000 000 people, of whom between 7 700 000 and 9 200 000 were men, and between 8 900 000 and 9 800 000 – women). The materials of judicial statistics on the basis of which our calculations have been compiled proceed from the summing up of the records entered on special cards made by the law-courts in the event of their having convicted an accused person, and with regard to every person convicted by the law-court in question for a felony or a misdemeanor , i.e. for acts provided for in the 1932 Criminal Code, still in force, or else in special criminal statutes, and for which the penalty is one of more than three months custody or a fine of more than 4500 zlotys. The above-mentioned cards, after the use has been made of them for statistical purposes, are preserved in the record of convicts in order to make possible the establishment of any previous delinquency of an apprehended offender. Because of the law-courts frequent failing to send such cards to the Register of Convicts, recourse has been had to another source of information concerning convictions, namely judicial reports' which have yielded data making it possible to go in for an approximate estimation of the actual number of all the persons convicted by the law-courts, and being over the age of 17. The diminution of the number of persons convicted in 1953 as compared with 1952 is a result of the carrying out of the Amnesty Act of the end of 1952, while that of 1957 as compared with 1955 seems to be connected to a considerable extent, with the very serious increase, within the year 1957, of the number of criminal cases awaiting to be tried by the courts. During the 1951 to 1957 period the rate of convictions pronounced against adults increased by 19 per cent, while the corresponding figure for young adults was 26 per cent. The delinquency coefficients quoted above show that in 1951 one out of each 64 young adult inhabitants of Poland was convicted by the law-courts, while in 1957 it was one out of every 57. If we take into consideration all the convicted persons adults and juveniles together, it will appear that in the years 1951 to 1957 persons aged under 17 years (juveniles) constituted between 9 and 16 per cent of the total of persons convicted by the courts; persons aged under 21 (juveniles and. young adults together) - from 21 to 27 per cent; persons under 25 years of age - from 34 to 40 per cent, and persons under 30 years of age - between 53 and 57 per cent. The convicted persons aged 17 to 29 formed a group comprising from 46 to 48 per cent of the total of convicted persons in every single year of the 1951 to 1957 period, so that the age of nearly one in every two convicted persons was comprised within the limits of from 17 to 29 years. The researched number of delinquency coefficients provide us with an appropriate knowledge of the rate of convictions of young adults as compared with further age groups of convicted adults, as well as of the differences in the rate of convictions of men and women. Thus the rate of convictions in the pre-war period (1937) was considerably higher than in the years 1951 to 1957. Particularly big differences, yielding coefficients nearly twice as high, can be noticed with regard to men aged 17 to 20, 21 to 24 and 25 to 29. On the other hand, the rate of convictions of women in 1937 very closely approximated the present-day rate. In the years 1951 to 1957 the amount of young adults delinquency coefficients for men towered high above the coefficients for the remaining age groups (the only exception can be recorded in 1957, with regard to the 25 to 29 years age group). It ought, however, to be emphasized that the coefficients for the 21 to 24 years age group for men are somewhat lower than they ought to be, since they have been calculated for all men within the above age limit while in a reality number of them who were then doing military service would be tried by courts-martial, the sentences of which have not been taken into consideration in the present contribution. Among women (similarly as in 1937) the highest rate of convictions was that for women aged 21 to 24, while the coefficients for young adults were lower than those for the 30 to 39 of age group. The mutual relation between the number of convicted men and women has undergone a considerable change as compared with the pre-war period; this change was most clearly marked in the initial years of the 1951 to 1957 period; it consisted in a diminution of the difference between the number of men and women convicted. In the years 1951 to 1957 the highest rate of convictions of young adult offenders (incidentally the same was true of juveniles as well) was shown by the two largest cities, Warsaw and Łódź, the voivodeships of the Western Territories and the most urbanized and industrialized area in the whole of the country - the voivodeship of Katowice. The information quoted so far was based on the estimative evaluation of the actual number of persons convicted, which we have mentioned above. Since an analogous estimation of the data concerning the kinds of offences committed by the persons convicted in the years 1951 to 1957 seemed too risky, in discussing the information concerning them we have relied directly upon the calculations furnished in the conviction cards made by the law-courts. Young adults delinquency seems to be considerably less differentiated than that of adults: first and foremost, offences property, and then against life and health, constitute those acts for which nearly three out of every four young adults punished by the courts in the years 1951 to 1957 were convicted. Apart from these two categories, it was only the offences against documents, in practice consisting mostly in remaking or forging various kinds of certificates and others documents, that young adults were more numerously represented than adults as a total. The percentage of persons convicted for offences against property among the several age groups of convicts clearly diminished as we passed from the younger to the older age groups. Among the older group of juveniles they still constituted 83 per cent, while among young adults – a mere 50.9 per cent. In the case of convictions for offences against life and health the opposite was true, while such offenders were most numerous among young adults (as much as 22.5 per cent of all the persons convicted in this group), while among the groups of adults nearest in age they were already somewhat less numerous. Speaking of the most important differences in the structure of the delinquency of young adults men and women, it may be worth while to note the fact that among women aged 17 to 20 there were relatively fewer convictions for offences against social property that among men of the same groups, and rather more convictions for offences against individual property; similarly, there were several times less convictions among women of the same age for offences against life and health, authorities and offices, as well as against morals, while women were several times more frequently convicted for offences against documents. The most important changes in the structure of young adults delinquency in the course of the 1951 to 1957 period were: a diminution of the share of those convicted for offences against property (60.4 per cent in 1951 and 58.3 per cent in 1952 – as against 52.2 per cent in 1955 and 50.9 per cent in 1957), and a very considerable increase of the percentage of young adults convicted for offences against life and health (from 11.8 per cent in 1951 and 15.1 per cent in 1952 - to 20.2 per cent in 1955 and 22.5 per cent in 1957). The latter change is attributed, first and foremost, to an increase in the activities of the police in pursuing such offences. Among the young adults convicted for offences against property (whether social or individual) the tremendous majority consisted of persons convicted for theft (92 per cent and 74 per cent respectively). In 1957 394 young adults were convicted for robbery (out of a total of 1004 persons convicted for the same offence). On the other hand, among the persons convicted for such offences as the receiving of stolen goods (a total of 5457 persons in 1957) there were relatively very few young adults (522 persons), similarly as in the case of convictions for fraud (119 young adults as against 1225 adult persons convicted in 1957). About 28 per cent of all the young adults convicted in 1957 for offences against life and health were prosecuted for infringement of bodily inviolability (1620 persons), 28 per cent for inflicting slight bodily harm (1655 persons). Nearly one out of every three young adults (31 per cent, 1857 persons) convicted for offences against life and health in 1957 was convicted for participation in a brawl (if he used a dangerous tool or else if the result was death or grievous injury to the body). Within the same year 38 young adults were convicted of murder and manslaughter, out of a total number of 263 adults, 10 young adults of infanticide, out of a total number of 31 adults, and 51 young adults of unintentionally causing death, out of a total number of 333 adults. Out of a total of 134 young adults convicted for sexual offences in 1957 there were 55 who had committed immoral acts with juveniles under 15 years of age, 64 were convicted for rape, 1 for incest, 8 for various forms of abetting to prostitution and deriving profits from it, and 6 for various other offences included in this group.
Źródło:: Archiwum Kryminologii; 1960, I; 241-295
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Prawo i wymiar sprawiedliwości PRL wobec przestępczości gospodarczej (1956–1970)
Law and jurisdiction of communist Poland and economic delinquency in 1956–1970
Autorzy:: Madej, Krzysztof
Powiązania:: https://bibliotekanauki.pl/articles/477757.pdf
Data publikacji:: 2006
Wydawca:: Instytut Pamięci Narodowej, Komisja Ścigania Zbrodni przeciwko Narodowi Polskiemu
Opis:: In the last period a several important works about economic delinquency have been published. One of the most interesting is a book by Dariusz Jarosz and Maria Pasztor „Meat swindle. Facts and conditions”. Issues discussed in the book cover not only the meat swindle in Warsaw. This is one of the reasons why the article „Law and jurisdiction of communist Poland and economic delinquency in 1956–1970” does not describe the economic delinquency, but presents struggle of structures fi ghting it, shows their relations and functioning at the regional level. The functional attitude means that not only normative institutions, such as public prosecutor or jurisdiction were investigated, but PZPR activities were also considered. When influence of PZPR on jurisdiction institutions is discussed, apart from the quasilaw system (e.g. resolutions of Central Committee of PZPR, directives of Politic Bureau of CC PZPR) the attention was drawn to the infl uence of high factor of PZPR membership of jurisdiction employees on their institutions. A look on the prevention and repressions against economic delinquency from the institutional point of view allows to answer the question of how much each of the activities was reaction to social moods, how much a derivative of communistic ideology, and how much the effect of institutions’ conditions. The author opts for the last interpretation (which is often underestimated) although he naturally does not omit the first two ones. The source analysis allows to see three turning points in the described period. The distinguishing feature of 1956–1959 was the decisional chaos in the institutions responsible for fi ghting economic delinquency, which was caused by weakened control of party and state authorities. In 1961–1965 the authorities regained control over jurisdiction and made it an obedient, although not always effi cient, tool, seeing the panaceum in tightening restrictions for economic delinquency. In the last fi ve years the stress was put on operational and prevention methods, and on the institutional level the role of jurisdiction and public persecutor was decreased in favour of e.g. citizen’s militia.
Źródło:: Pamięć i Sprawiedliwość; 2006, 2(10); 143-166
1427-7476
Pojawia się w:: Pamięć i Sprawiedliwość
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Odpowiedzialność karna nieletnich we Francji i w Polsce. Uwagi prawne i pedagogiczne
Criminal Liability of Juveniles in France and Poland. Legal and Pedagogical Remarks
Autorzy:: Perska-Gradowska, Paulina
Powiązania:: https://bibliotekanauki.pl/articles/40494646.pdf
Data publikacji:: 2022
Wydawca:: Akademia Ignatianum w Krakowie
Tematy:: nieletni
odpowiedzialność karna
przestępczość nieletnich
wychowanie nieletnich
prawo karne
Juveniles
criminal liability
juvenile delinquency
juvenile education
criminal law
Opis:: CEL NAUKOWY: Celem artykułu jest porównanie rozwiązań dotyczących odpowiedzialności karnej nieletnich we Francji i w Polsce, uwzględniając czynniki wpływające na ocenę sytuacji nieletniego oraz wychowanie w ramach kary. PROBLEM I METODY BADAWCZE: Problem badawczy został sformułowany w postaci pytania: w jaki sposób we francuskim i polskim ustawodawstwie została uregulowana odpowiedzialność karna nieletnich. Analizie zostały poddane aktualne przepisy prawne, poglądy doktryny, orzecznictwo sądów z zakresu prawa karnego nieletnich. PROCES WYWODU: Zdefiniowano podstawowe dla podjęcia analizy pojęcia oraz określono przesłanki warunkujące odpowiedzialność karną nieletnich, uwzględniając ich znaczenie w wymiarze pedagogicznym. WYNIKI ANALIZY NAUKOWEJ: Francuski model przyjmuje odpowiedzialność karną nieletnich opartą na kryterium rozeznania bez określenia dolnej granicy wiekowej odpowiedzialności karnej. Model polski przewiduje odpowiedzialność karną nieletnich w wyjątkowych sytuacjach. W obu państwach nadrzędną zasadą jest podejmowanie działań w celu wychowania nieletnich. WNIOSKI, INNOWACJE, REKOMENDACJE: Oba porównywane systemy przewidują wychowywanie nieletnich, ale różnicują sytuację prawną osoby nieletniej. Przyjęcie określonej koncepcji postępowania z nieletnimi wpływa na stosowane środki, uwarunkowania instytucjonalne pracy wychowawczej. Ważną rolę powinna odgrywać całościowa ocena nieletniego i jego sytuacji.
RESEARCH OBJECTIVE: The main aim of the article is to compare solutions regarding the crimi‑nal liability of minors in France and Poland, taking into account the factors influencing the assess‑ment of the juvenile’s situation and education in conditions of penalty.THE RESEARCH PROBLEM AND METHODS: The research problem was formulated in the form of a question: how was the issue of criminal liability of juveniles regulated in French and Polish legislation. The current legal provisions, views of the doctrine, the jurisprudence of courts in the field of juvenile criminal law were analyzed.THE PROCESS OF ARGUMENTATION: Both the basic notions for making analysis and prereq‑uisites conditioning the criminal liability of juveniles have been defined, as well, while considering their importance in the pedagogical dimension.RESEARCH RESULTS: The French model assumes the criminal liability of minors based on the criterion of discernment without specifying the lower age limit of criminal liability. The Polish model provides for the criminal liability of minors in exceptional situations. In both countries, the prior prin‑ciple is to take activities aimed at bringing up minors.CONCLUSION, INNOVATIONS, AND RECOMMENDATION: Both compared systems assume the education of juveniles, but they differentiate the legal situation of a juvenile. The adoption of a specific concept of dealing with juveniles affects the measures used, the institutional conditions of pedagogical work. The overall assessment of the minor and his/her situation should play an im‑portant role.
Źródło:: Horyzonty Wychowania; 2022, 21, 58; 127-137
1643-9171
2391-9485
Pojawia się w:: Horyzonty Wychowania
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Obraz przestępczości w Niemczech oraz w Polsce w okresie transformacji ustrojowej (wybrane aspekty)
Crime in Germany and Poland in the Period of Transformation (Selected aspects)
Autorzy:: Kury, Helmut
Krajewski, Krzysztof
Obergefell-Fuchs, Joachim
Powiązania:: https://bibliotekanauki.pl/articles/699163.pdf
Data publikacji:: 1996
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
Niemcy
Polska
okres transformacji ustrojowej
statystyki policyjne
delinquency
Germany
Polska
period of transformation
police statistics
Opis:: Among the negative side-effects of the fall of "Realsozialismus" in Central and Eastern Europe and the process of political, social and economic transformations initiated in 1989 there was a deterioration of internal safety in those countries. According to a popular opinion, this was manifested, among other things, by a growth - a rapid one in many instances - in the extent and intensity of crime, and also in negative changes of its structure which consisted in a particularly fast growth of tle most serious crime or emergence of its new and very dangerous forms, hitherto unknown in those countries. From this viewpoint, criminological literature in all those countries without exception has recently been presenting an extremely pessimistic picture of a growing threat of crime which can at any moment get out of control. As a consequence, fear of crime is growing in societies involved, and appeals can be heard more and more often from politicians that “law and order” be instituted. The present paper does not aim at negating either the growth of crime in post-Communist societies itself or the negative changes of the structure of crime. It is our aim first of all to compare the state of crime that follows from the two basic modern sources of information on this area, that is oflicial statistics of crime and victimization surveys, and to point to some related problems. The analysis is limited to two countries, Germany and Poland. Concerned in the former case is, of course, mainly analysis of phenomena found in the new federal lands of united Germany, that is the territory of former GDR, but also consequences of the union for the state of crime in Germany as a whole. One of the basic problems posed by analysis of extent, intensity and dynamics of reported crime, that is crime recorded in oflicial statistics in countries of Central and Eastern Europe, is reliability of statistical data from the period of “Realsozialismus” which serve as the point of departure of all comparisons. The growth in reported crime in the territory of former GDR has indeed been dramatic after 1990; yet the point of departure for comparisons involved here are GDR police statistics which showed the extent of reported crime as 10% of that in “old” FRG. Today, German criminologists agree that GDR crime statistics were regularly “improved” for ideological and political reasons, the real extent of crime being much higher there. Similar problems can be found in Poland where a rapid growth in reported crime took place only once in principle, that is in 1990. Later on, the extent of reported crime became stabilized at the new level “established” in 1990. It is highly improbable that the impact of social and economic reform on crime in Poland was limited to a “big bang” in 1990 and then ceased. Also here, we dealt rather with a specific statistical artifact and not with a single rapid growth in the extent of crime. What also speaks for this thesis is the fact that crime used to be “under-recorded” in police statistics in Poland as well through a policy of extremely selective reception by the police of information about offenses. Abandonment of this practice after 1989 resulted in a serious growth of recorded crime. Appraising the dynamics of reported crime in Central and Eastern Europe, one should also bear it in mind that the growth in crime there not necessarily followed the breakdown of “Realsozialismus”. In many countries, former USSR in particular, the growth in crime actually preceded change. Also in recent years, Central and East-European statistics have by no means been showing a constant and rapid growth in reported crime. There were rather fluctuations (if quite rapid at times), followed by a recent downward trend in some of the countries involved. Still another important problem is comparison of the extent of reported crime in post-Communist and in developed Western societies. Discussing the “flood” of crime in Central and Eastern Europe, one tends to forget that in most cases, the actual extent of crime in the region is still much lower than in most countries of Western Europe. Comparison of the situation in Germany and Poland may serve as an example here. I ulated. As far as possible, the state of crime in post-Communist societies should also be appraised on the basis of sources other than the official statistics. Helpful here can be first of all data from victimization surveys, alas still a rarity in Central and Eastern Europe. Yet basing on available data for Germany and Poland (chiefly from the International Crime Survey of 1992) it can be stated that victimization surveys show an extent of real crime much higher than the one that follows from official statistical data. This means a very high dark number of crime in Poland and elsewhere in the region, caused probably by the people’s very low tendency to report facts of victimization to the police. At any rate, from data on victimization it follows that the extent of real crime in Poland is higher as compared to Germany. This is not to say, though, that crime in Poland “breaks all the records”. With some exceptions concerning chiefly offenses against property such as theft and pickpocketing, Poland has an average extent of crime judging by European “standards'” in this respect. Basing on data from victimization surveys, also the territorial differentiation of the extent of crime in Germany and Poland can be analyzed. The basic problem in Germany is the noticeable difference between southern and northern lands, the latter having a much higher extent of crime, and also the process of the new lands “catching up” with or even “outstripping” the old ones in this respect during the last five years. Quite distinct regularities can also be found in Poland; some of them are known from earlier literature. Thus first of all, there is a noticeably higher extent of crime in Western and Northern Territories of Poland and a low extent in Wielkopolska region. It is interesting to correlate those regularities with selected demographic and socio-economic data on individual regions of the two countries. In Germany, unfavorable values of those indices found in the north of “old” FRG and in former GDR are rather explicitly correlated with a higher extent of crime. In Poland where territorial differentiation of the indices is less distinct, some regularities in this respect can nevertheless be found, too. At the samo time it seems, though, that the extent of crime in Poland is the highest in regions where, due to specific local features, the social costs of reform are the greatest and most painful.
Źródło:: Archiwum Kryminologii; 1996, XXII; 7-41
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 13.

Tytuł:: Obraz przestępczości nieletnich w Polsce w badaniach kryminologicznych – przed i po transformacji
The Picture of Juvenile Delinquency in Poland in Criminological Research: Before and After Transformation
Autorzy:: Rzeplińska, Irena
Powiązania:: https://bibliotekanauki.pl/articles/698979.pdf
Data publikacji:: 2006
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość nieletnich
badania kryminologiczne
czyn karalny
juvenile delinquency
criminological research
juvenile perpetrators
Opis:: Patterns of offences committed by youth aged 13–16: in contemporary Poland and fifteen years earlier – in the 1980s. The limit is 1989, a year when major social and political changes in Poland begun. What was different and what was similar in offences between these two groups of youth.
Źródło:: Archiwum Kryminologii; 2006, XXVIII; 331-343
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 14.

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

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Tytuł:: Międzywojenna polska debata kryminologiczna-poszukiwanie społecznych przyczyn przestępczości i sposobów jej zwalczania
Criminological debate in interwar Poland. Search for social causes of crime and measures of fight with crime
Autorzy:: Rodak, Mateusz
Powiązania:: https://bibliotekanauki.pl/articles/698490.pdf
Data publikacji:: 2009
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość w II Rzeczpospolitej
zapobieganie przestępczości
historia kryminologii
history of crime and delinquency
crime prevention
Opis:: This article is an attempt of a summary of the debate, pending in Poland in the interwar period, on the issues related to the etiology and methods of preventing and / or controlling crime. Analyzing these two highly interrelated and interdependent problems, the author decided to take into consideration the clear-cut division in criminology prevailing in the interwar period and to reflect it in the structure of the article. Thus, the text is divided into two parts. The first part discusses the causes of crime, the second the criminal policy. However, the text is not an analysis of all the causes of crime. The author focuses on discussion of the interwar views on the social causes of crime held by persons or institutions related, on various different levels, to criminology. Accordingly, the section on criminal policy includes response to crimes being, at least in theory, a result of social causes. The autor of the article faced the problem to attempt to collect and present ideas on social causes and method of preventing and / or combating crime published in the interwar period. The study covers articles and books, in which the above-mentioned problems have been discussed both by scientists (criminologists, lawyers, doctors, psychologists, and sociologists) and laymen (journalists, publicists, community workers, and politicians). In this text, the attempts to analyze the opinions expressed by the latter of the aforementioned groups is a significantly new thing. The views of people not directly related to the academic community at that time were rarely taken into the consideration while discussing criminological theoretical considerations of the interwar period. The point of departure of this text is assumption of the thesis that in the interwar debate on the broad issue of crime, the views which favoured social factors in generating crime were significantly dominant. It should be recalled that on the other side of the dispute there remained a theory of special importance of so-called endogenous factors. It was argued that the specific psycho - physical construction of a man makes him predisposed to become a criminal. This was an aftermath of a C. Lombroso’s theory, already modified in the interwar period. It should be noted that his theory in Poland was not received unquestioningly. However, the dispute between supporters of exogenous and endogenous factors took place in interwar Poland. A strong trend was a school trying to combine the two trends, taking into account the reasons of both parties as typically they did not exclude. This should be regarded as a unique achievement of the Polish criminology of the interwar period.
Źródło:: Archiwum Kryminologii; 2009, XXXI; 101-145
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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