Autor: Błachut, Janina - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Czy „ciemna liczba przestępstw” istnieje?
Does a “Dark Number of Crimes” Exist?
Autorzy:: Błachut, Janina
Powiązania:: https://bibliotekanauki.pl/articles/698872.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: ciemna liczba przestępstw
prawo karne
przestępczość
badania kryminologiczne
delinquency
Dark Number of Crimes
penal law
criminology research
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 75-80
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Problemy związane ze statystycznym opisem przestępczości w oparciu o dane statystyk policyjnych
Problems of Statistical Description of Crime Based on Police Statistics
Autorzy:: Błachut, Janina
Powiązania:: https://bibliotekanauki.pl/articles/698935.pdf
Data publikacji:: 2000
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: opis przestępczości
statystyka kryminalna
statystyka policyjna
description of crime
crime statistics
police statistics
Opis:: Crime, like any other social phenomenon, requires a statistical description. That description has been changing together with changes of the criminological paradigms. Today, data from three different sources are use to measure crime: official statistics, self-report surveys, and victimization surveys. The data are difficult to compare (in respect of their type, extent, and manner in which they are acquired); however, they are complementary and permit a multi-dimensional description of the phenomenon. The oldest and still the basic source of figures on crime are the crime statistics. What has changed, however, is the approach to such data. Today, they are evaluated in three different perspectives: realistic, institutional, and radical. The present study signals the problems that arise when trying to provide a statistical description of crime of the 1990s basing on police statistics interpreted (to a varying extent) in all three perspectives. My point of departure is the assumption that just like the other statistics of crime, the police statistics is a social construct. It is a product of social, political and organizational processes. Explanation of the process of statistics-making help towards a qualitative evaluation of the data contained in the statistics. The data from police statistics may be treated as indices of both the functioning of the institutions for social control, and of detected crime that results from such control. Important in the social process of statistics-making is both the occurrence of specific events or behaviors and the social reaction to them. Possessing political power, the state creates the system of laws together with organizational structures that supervise the observance of those laws. The functioning of the formalized legal control may be analyzed from the viewpoint of decisions taken by the legislator in the process of law-making as well as those taken by institutions specially appointed to exercise such control. Fundamental in the process of making of police statistics is the role of decisions taken by the police in the course of prosecution. The police (as well as other prosecution agencies) is authorized by state authorities to detect, qualify, register and count events that are found to be offences and the perpetrators of those acts. It is authorized to gather, process and publish data. The legislative process, that is the legislator's decisions concerning law-making, may be appraised in various perspectives. Important in the context of interpretation of data from police statistics is their evaluation in the perspective of criminalization/de-criminalization and penalization/de-penalization acts, construction of substantive penal law and criminal procedure institution, as well as regulation of the structure and competencies of agencies dealing with public safety and order, the police included. Also monitored should be legislative "steps" in the area of misdemeanors law and penal law concerning offences against the Treasury. In the process of both formalized and informal social control, offences are "disclosed''; evcnts and behaviors idcntified with prohibited acts are distinguished from among the bulk of events and behaviors. To "disclose'' an offence, one needs knowledge as to what is and what is not a prohibited act; the opportunity to recognize that offence; and the awareness of recognizing it. In our system, the institutions appointed thus to "disclose'' offences include the Police, the prosecutor's office, the Office of State Protection, Military Police, Frontier Guards, fiscal inspection agencies, the Customs Inspection, State Sanitary Inspection, State Trade Inspection, as well as other agencies specified in individual laws. As can be supposed, most offences are disclosed by the victims, natural persons, and members of victimized institutions. Disclosure of an offence is not tantamount to its reporting. Self-report surveys confirm the existence of disclosed but unreported offences. As follows from such surveys, people in different countries show different tendencies to report facts of victimization to the police, and those tendencies depend on the type of offence involved. In Poland, it is the citizens' social duty to report offences; that duty becomes legal in exceptional situations and with respect to a specific group of offences only. Not all reported offences are registered. Registration follows strictly specified rules related to the system of information gathering and processing that is currently binding upon the prosecution agencies. Registration of offences proceeds through a prosecution agency's decision to institute preparatory proceedings. Most often, the proceedings are instituted on the citizens' initiative. Once instituted, preparatory proceedings aims at establishing whether a prohibited act has in fact been committed and whether that act constitutes an offence. The event with respect to which qualification of the act as an offence has been confirmed by completed preparatory proceedings is treated as an established offence in police statistics. Preparatory proceedings also aims at detecting the offender, that is at identifying the person who has in fact committed a given act. At the preparatory stage, this person is treated as the suspect. In most cases, identification of the suspect by the prosecution agencies bases on indication made by the person who reported the offence. The process of detection of offenders varies depending on the type of offence, indication or lack of indication of the suspect at the moment of reporting the offence, and the province in which the preparatory proceedings was conducted. The legislator authorized the Police not only to detect, qualify and register offences, to detect offenders, and to take a variety of decisions concerning acts and persons in preparatory proceedings (at the stage of its institution, course, and completion), but also to gather appropriate data about those acts and persons and then to count, process and publish such data. The term "police statistics'' usually means a collection, gathered and published by the Police, of figures pertaining to crime. Such figures make it possible to describe the quantitative aspect of the phenomenon, but may be quite misleading if used in a wrong manner. Data from police statistics may be used mechanically, so to say, simply quoted with no attempt at explanation. They may be manipulated, that is used in a biased way towards specific aims. As we know, figures can be used to prove any hypothesis whatever, provided that they are selected, put in order, confronted and counted. They can also be interpreted; this, however, is where difficulties start to arise. It appears that it is by no means a simple task to provide a statistical description of crime basing on police statistics. The picture of crime that emerges from that statistics is usually described in a language typical of interpretation of such data in the realistic perspective. We speak of the extent of crime, its dynamics, and trends as if we believed that the data gathered by the Police permitted characterization of "real crime". Despite this language of the realistic perspective, the actual analysis bases on all three perspectives, that is also on the institutional and the radical one. This means that using police stirtistics, we at the same time analyze the process of their making. Awareness of the process in which the data emerge determines the manner of describing and interpretation of the phenomenon of crime.
Źródło:: Archiwum Kryminologii; 2000, XXV; 123-140
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Niektóre koncepcje kryminologiczne a problem przestępczości kobiet
Some criminological concepts and the problem of female crime
Autorzy:: Błachut, Janina
Powiązania:: https://bibliotekanauki.pl/articles/699314.pdf
Data publikacji:: 1989
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: problem
kryminologia
płeć żeńska
przestępstwo
zmiany
agresywny
zachowanie
przestępstwo przeciwko mieniu
koncepcje
przestępczości kobiet
criminologica
female
crime
changes
aggressive
behaviour
crime against property
concepts
female crime
Opis:: In 1975, two books dealing with female crime appeared. They aroused many controversies and polemics and inspired many empirical studies. They were Freda Adler's Sisters in Crime and Rita James Simon's Women and Crime. Both works attempted to explain the changes their authoresses believed were taking place in female crime with the influence of the women's lib movements. The two approaches, though similar in many points, show different patterns of connections between women's lib and female crime from which the latter's extent and direction of changes result. F. Adler assumes that the women's lib movements of the 1960's and 1970's decidedly influenced changes in women's behaviour - the criminal behavior included. These changes resulted in an increase in the number and weight of offences committed by women. If such social movements continue –according to F. Adler - female crime will keep increasing and becoming similar to its male counterpart. Women will commit a greater number of the traditionally ,,masculine’’offences, i.e.offences against person, the more aggressive among offences against property, and the so-called ,,white-collar crimes’’ Contrary to F. Adler, R. J. Simon focuses not on the ideology of women's lib but mainly on the increasing professional activity of women which no doubt results largely from that movement. According to R. J. Simon, the women's increased professional activity will have twofold consequences: on the one hand women will get better opportunities to commit offences against property, and on the other hand, their greater material independence will lessen their frustration thus limiting the number of violent offences committed by women. Empirical research aimed at explaining the trend and structure of female crime basing on F. Adler’s and R. J. Simon's conceptions tended in-two separate directions. In the first group of studies, the trend and structure of female crime were estimated. The other group included studies in which the interdependences were analysed between the changes that took place in the women's social status as a result of the women’s lib movement on the one hand, and the changes in female crime on the other han. Generally speaking, none of those studies aspired at verifying the whole of either F. Adler’s or R. J. Simon’s conception being limited to verification of some theses only. The present paper includes a discusson of studies carried out by D. J. Steffensmeier, M J. Hindenlang, V. D. Young, P. C. Giordano, S. Kerbel and S. Dudley, N. K. Wilson, J. G. Gory, and M. D .Lynes. Their findings were as follows. No major changes could be observed in female crime after 1970. Instead, such changes had taken place in earlier years. What did change slightly after 1970 was the number of offences against property, and not all of them at that; namely an increase took place. The number of offences against the person was stable or showed a slight upward tendency which was, however, also found in the case of men. The grounds of liking women’s lib with female crime are questioned, as the latter changed prior to the rise of women’s movements. The notion of ,,women’s liberation’’ is not operational; moreover, professional activity is considered insufficient as the index basing on which to estimate the social changes which many have resulted from women’s lib. Female crime should be analysed in the context of the social changes that concerned women-to do it, however, appropriate indices of those changes ought to be chosen. F. Adler’s and R.J. Simon’s conceptions still arouse many controversies today. The following objections can be raised to them: both authoresses estimated female crime basing on statistics of detentions by the police. As is well know, official statistics are the reflection not only crime itself but also of the functioning of administration of justice. Thus a single source is insufficient if the causes of changes in female crime are to be explained. Two of F. Adler’s assumptions arouse certain doubts. The first of them is that women's lib included ail women and had a large effect on all of them: actually the movement only concerned the middle classes. Moreover, there is no evidence of the existence in American society of an actual social equality of men and women resulting from the equality of legally recognized chances. The other disputable assumption is that ,,masculinity" increases the likelihood of delinquency: it is uncertain whether and to what extent the social changes actually influenced women's different behaviour, and if they did, whether women really adopted masculine patterns of behaviour. The conception of R. J. Simon, although more complete and better verified, includes a disputable contention that the increased professional activity of women lessens their frustration thus reducing the resulting violent offences. Admittedly, the new professional roles the women assume may improve their self-image and thus level stress; but on the other hand, the fact that they have to perform several social roles at the same time may give rise to frustration resulting from inability to perform all of those roles equally well. Therefore, if we follow this path of reasoning, the number of violent offences committed by women should remain stable as professional activity may influence the women's minds differently not only lessening but also deepening their frustration. The discussion of female crime, taking place in literature, gave rise to the question whether and to what extent that phenomenon changed in Poland. Basing on court statistics, an analysis was carried out of the extent of female crime in the years 1946-1986 and of its structure in the years 1977-1986. The number of convictions of women and their proportion in the total number of convictions underwent significant changes over the forty years from 1946 till 1986. In the forties and the early fifties, the number of convictions of women went up rapidly at a rate greater than that of convictions of men. In the late fifties, that upwards tendency still persisted but was less marked than was the case with men. In the sixties, the number of convictions of women went down markedly, to remain stable with a slight upward tendency in the seventies. The legislative changes in penal law and the several amnesty acts in the eighties make an appraisal of the extent of crime in that period rather difficult. In the years l980-1983, there was a drop in the number of convictions of women, followed by an increase in the years 1984-1986 which no doubt resulted from the introduction of two acts: on education in sobriety and the fighting of alcoholism, and on the fighting of profiteering. If we consider the above-mentioned conceptions, that of R. J. Simon in particular, in relation to female crime in Poland, the years, 1946-1955 seem especially to confirm the hypothesis as to the connections between professional activity of women and female crime. In those years, a rapid increase of women's employment took place, and their social status changed greatly. Female offences are mainly those against property. Convictions of women for such offences constitute over 70 per cent on the average of all convictions of women the respective percentage being over 50 in the case of men, while the average 11 pet cent of women are convicted for offences against the person (as compared to over 30 per cent of men). The changes in female crime in Poland in the years 1977-1986 differ greatly from what F. Adler and R. J. Simon anticipated. There was a drop in the number of convictions for offences against property in the years l977-1984,while as regards offences against the persons, the number of convictions was stable or showed a slight upward tendency; there was an increase in the respective numbers in that same period as regards convictions of men. A rise in the number of convictions of women in the years 1984-1986 issued mainly from changes in penal legislation and from the resulting practice of prosecution. As shown by the analysis of female crime in Poland based on court statistics, the available data were greatly insufficient to interpret the changes observed. Several different sources of information about crime ale necessary, as well as several standards or estimation (numbers of detected offences, of persons found guilty, of convictions). Professional activity of women, the impact it has on their social situation, and its possible connections with the change in female crime, indicated by R. J. Simon, may also help explain that phenomenon in the Polish conditions but only together with many other factors which may influence the extent and structure of female crime.
In 1975, two books dealing with female crime appeared. They aroused many controversies and polemics and inspired many empirical studies. They were Freda Adler's Sisters in Crime and Rita James Simon's Women and Crime. Both works attempted to explain the changes their authoresses believed were taking place in female crime with the influence of the women's lib movements. The two approaches, though similar in many points, show different patterns of connections between women's lib and female crime from which the latter's extent and direction of changes result. F. Adler assumes that the women's lib movements of the 1960's and 1970's decidedly influenced changes in women's behaviour - the criminal behavior included. These changes resulted in an increase in the number and weight of offences committed by women. If such social movements continue –according to F. Adler - female crime will keep increasing and becoming similar to its male counterpart. Women will commit a greater number of the traditionally ,,masculine’’offences, i.e.offences against person, the more aggressive among offences against property, and the so-called ,,white-collar crimes’’ Contrary to F. Adler, R. J. Simon focuses not on the ideology of women's lib but mainly on the increasing professional activity of women which no doubt results largely from that movement. According to R. J. Simon, the women's increased professional activity will have twofold consequences: on the one hand women will get better opportunities to commit offences against property, and on the other hand, their greater material independence will lessen their frustration thus limiting the number of violent offences committed by women. Empirical research aimed at explaining the trend and structure of female crime basing on F. Adler’s and R. J. Simon's conceptions tended in-two separate directions. In the first group of studies, the trend and structure of female crime were estimated. The other group included studies in which the interdependences were analysed between the changes that took place in the women's social status as a result of the women’s lib movement on the one hand, and the changes in female crime on the other han. Generally speaking, none of those studies aspired at verifying the whole of either F. Adler’s or R. J. Simon’s conception being limited to verification of some theses only. The present paper includes a discusson of studies carried out by D. J. Steffensmeier, M J. Hindenlang, V. D. Young, P. C. Giordano, S. Kerbel and S. Dudley, N. K. Wilson, J. G. Gory, and M. D .Lynes. Their findings were as follows. No major changes could be observed in female crime after 1970. Instead, such changes had taken place in earlier years. What did change slightly after 1970 was the number of offences against property, and not all of them at that; namely an increase took place. The number of offences against the person was stable or showed a slight upward tendency which was, however, also found in the case of men. The grounds of liking women’s lib with female crime are questioned, as the latter changed prior to the rise of women’s movements. The notion of ,,women’s liberation’’ is not operational; moreover, professional activity is considered insufficient as the index basing on which to estimate the social changes which many have resulted from women’s lib. Female crime should be analysed in the context of the social changes that concerned women-to do it, however, appropriate indices of those changes ought to be chosen. F. Adler’s and R.J. Simon’s conceptions still arouse many controversies today. The following objections can be raised to them: both authoresses estimated female crime basing on statistics of detentions by the police. As is well know, official statistics are the reflection not only crime itself but also of the functioning of administration of justice. Thus a single source is insufficient if the causes of changes in female crime are to be explained. Two of F. Adler’s assumptions arouse certain doubts. The first of them is that women's lib included ail women and had a large effect on all of them: actually the movement only concerned the middle classes. Moreover, there is no evidence of the existence in American society of an actual social equality of men and women resulting from the equality of legally recognized chances. The other disputable assumption is that ,,masculinity" increases the likelihood of delinquency: it is uncertain whether and to what extent the social changes actually influenced women's different behaviour, and if they did, whether women really adopted masculine patterns of behaviour. The conception of R. J. Simon, although more complete and better verified, includes a disputable contention that the increased professional activity of women lessens their frustration thus reducing the resulting violent offences. Admittedly, the new professional roles the women assume may improve their self-image and thus level stress; but on the other hand, the fact that they have to perform several social roles at the same time may give rise to frustration resulting from inability to perform all of those roles equally well. Therefore, if we follow this path of reasoning, the number of violent offences committed by women should remain stable as professional activity may influence the women's minds differently not only lessening but also deepening their frustration. The discussion of female crime, taking place in literature, gave rise to the question whether and to what extent that phenomenon changed in Poland. Basing on court statistics, an analysis was carried out of the extent of female crime in the years 1946-1986 and of its structure in the years 1977-1986. The number of convictions of women and their proportion in the total number of convictions underwent significant changes over the forty years from 1946 till 1986. In the forties and the early fifties, the number of convictions of women went up rapidly at a rate greater than that of convictions of men. In the late fifties, that upwards tendency still persisted but was less marked than was the case with men. In the sixties, the number of convictions of women went down markedly, to remain stable with a slight upward tendency in the seventies. The legislative changes in penal law and the several amnesty acts in the eighties make an appraisal of the extent of crime in that period rather difficult. In the years l980-1983, there was a drop in the number of convictions of women, followed by an increase in the years 1984-1986 which no doubt resulted from the introduction of two acts: on education in sobriety and the fighting of alcoholism, and on the fighting of profiteering. If we consider the above-mentioned conceptions, that of R. J. Simon in particular, in relation to female crime in Poland, the years, 1946-1955 seem especially to confirm the hypothesis as to the connections between professional activity of women and female crime. In those years, a rapid increase of women's employment took place, and their social status changed greatly. Female offences are mainly those against property. Convictions of women for such offences constitute over 70 per cent on the average of all convictions of women the respective percentage being over 50 in the case of men, while the average 11 pet cent of women are convicted for offences against the person (as compared to over 30 per cent of men). The changes in female crime in Poland in the years 1977-1986 differ greatly from what F. Adler and R. J. Simon anticipated. There was a drop in the number of convictions for offences against property in the years l977-1984,while as regards offences against the persons, the number of convictions was stable or showed a slight upward tendency; there was an increase in the respective numbers in that same period as regards convictions of men. A rise in the number of convictions of women in the years 1984-1986 issued mainly from changes in penal legislation and from the resulting practice of prosecution. As shown by the analysis of female crime in Poland based on court statistics, the available data were greatly insufficient to interpret the changes observed. Several different sources of information about crime ale necessary, as well as several standards or estimation (numbers of detected offences, of persons found guilty, of convictions). Professional activity of women, the impact it has on their social situation, and its possible connections with the change in female crime, indicated by R. J. Simon, may also help explain that phenomenon in the Polish conditions but only together with many other factors which may influence the extent and structure of female crime.
Źródło:: Archiwum Kryminologii; 1989, XVI; 211-244
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Rodzaje oraz wymiar kar orzekanych przez sądy wobec skazywanych kobiet w latach 1977-1980
Penalties imposed on women by the courts in 1917-1980
Autorzy:: Błachut, Janina
Powiązania:: https://bibliotekanauki.pl/articles/699082.pdf
Data publikacji:: 1983
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: rodzaje kar
wymiar kar
orzekanie kar
dane statystyczne
types of penalties
penalty amount
imposing penalties
prison sentences
types of crime
statistic data
Opis:: The general picture of sentences pronounced by the courts is affected by the visible differences in the structure of offences comitted by men and women. Prison sentences (the decisive factor in severity of sentence) are less frequently imposed on women. This is not the case, however, with regard to all offences. There are also situations where prison sentences are imposed more often on women than on men. Equally frequently, and sometimes even more often, women are sentenced to longer terms of imprisonment, that is, to terms of morethan three years. Suspended prison sentences are commoner among women than among men. But this is not the predominant type of sentence in all types of crime. For sometimes it is less frequent than limitation of liberty, and fines. In cases of suspended prison sentences, women are more likely than men to get sentences of less than a year's duration. Women are more likely than men to receive sentences consisting of a fine plus imprisonment. This is a consequence of the kind of offence they commit. Generally the fine is in the order of from 5,000 to 10,000 zlotys. The lowest fines are imposed on women more often than on men. The lowest sentences of limitation of liberty are imposed more often on women than on men. In both groups, the sentences range mostly from six months to a year. True, there are certain types of crime where maximum prison sentences are imposed on women more often than on men, but generally speaking the opposite is usually the case. Women, rather than men, are more likely to be given the lowest fines (imposed as independent penalties); more rarely, with the exception of a few types of ,crime, are they given the heaviest fines. It should be noted that as regards crimes against the family and the care of children (Art. 184, Art. 186), severer penalties are imposed against women, They are more frequently given higher fines along with terms of imprisonment, and also longer sentences of limitation of liberty. Greater leniency in the sentences imposed on women (a trend mentioned in many criminological studies) is indicated by the higher frequency of sentences that do not include imprisonment, although this trend as regards leniency is not always borne out by the severity of the sentences imposed.
The general picture of sentences pronounced by the courts is affected by the visible differences in the structure of offences comitted by men and women. Prison sentences (the decisive factor in severity of sentence) are less frequently imposed on women. This is not the case, however, with regard to all offences. There are also situations where prison sentences are imposed more often on women than on men. Equally frequently, and sometimes even more often, women are sentenced to longer terms of imprisonment, that is, to terms of morethan three years. Suspended prison sentences are commoner among women than among men. But this is not the predominant type of sentence in all types of crime. For sometimes it is less frequent than limitation of liberty, and fines. In cases of suspended prison sentences, women are more likely than men to get sentences of less than a year's duration. Women are more likely than men to receive sentences consisting of a fine plus imprisonment. This is a consequence of the kind of offence they commit. Generally the fine is in the order of from 5,000 to 10,000 zlotys. The lowest fines are imposed on women more often than on men. The lowest sentences of limitation of liberty are imposed more often on women than on men. In both groups, the sentences range mostly from six months to a year. True, there are certain types of crime where maximum prison sentences are imposed on women more often than on men, but generally speaking the opposite is usually the case. Women, rather than men, are more likely to be given the lowest fines (imposed as independent penalties); more rarely, with the exception of a few types of ,crime, are they given the heaviest fines. It should be noted that as regards crimes against the family and the care of children (Art. 184, Art. 186), severer penalties are imposed against women, They are more frequently given higher fines along with terms of imprisonment, and also longer sentences of limitation of liberty. Greater leniency in the sentences imposed on women (a trend mentioned in many criminological studies) is indicated by the higher frequency of sentences that do not include imprisonment, although this trend as regards leniency is not always borne out by the severity of the sentences imposed.
Źródło:: Archiwum Kryminologii; 1983, X; 87-102
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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