Temat: criminal behavior - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Selected problems of criminal law as an instrument of social control in relation to youth delinquency
Autorzy:: Martina, Urbanová,
Powiązania:: https://bibliotekanauki.pl/articles/893040.pdf
Data publikacji:: 2020-10-09
Wydawca:: Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego
Tematy:: law
criminal law
criminalization
criminal behavior
delinquency
social control
Opis:: Social pedagogy is closely linked to the law as an instrument of social control where criminal law is a result of a certain effort to solve or control social problem. This problem is currently about increasing number of delinquent youths which has its own specifics. The aim of the paper is to point out, with the help of critical legal analysis, the difficulty of effectively solving (controlling) this problem with the help of criminal law, which determines what will be criminalized, what will be decriminalized or outside the interest of criminal law. It turns out that some measures lead to the rise of experts and their power, unintended results, and violation of the principle of innocent until proven guilty.
Źródło:: Papers of Social Pedagogy; 2020, 13(1); 54-66
2392-3083
Pojawia się w:: Papers of Social Pedagogy
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Zachowania niezgodne z prawem osób ze stwierdzoną niepoczytalnością
Autorzy:: Włodarczyk-Madejska, Justyna
Powiązania:: https://bibliotekanauki.pl/articles/1788416.pdf
Data publikacji:: 2021-07-30
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: zachowanie przestępcze
czyn zabroniony
niepoczytalność
criminal behavior
prohibited act
insanity
Opis:: Artykuł analizuje zagadnienie czynów zabronionych dokonywanych przez sprawców niepoczytalnych. Podzielony on został na dwie części. W pierwszej autorka podejmuje zagadnienia teoretyczne: opis przesłanek niepoczytalności, badanie sądowo-psychiatryczne i wydane w sprawie opinie oraz rozstrzygnięcia sądu wobec sprawców czynów z art. 31 § 1 k.k. Część druga stanowi opis badań przeprowadzonych przez autorkę w zakresie czynów zabronionych sprawców niepoczytalnych.
Źródło:: Biuletyn Kryminologiczny; 2015, 22; 7-26
2084-5375
Pojawia się w:: Biuletyn Kryminologiczny
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Konfiguracja wybranych zmiennych psychologicznych u kobiet odbywających karę pozbawienia wolności
Autorzy:: Rode, Magdalena
Lubas, Anna
Powiązania:: https://bibliotekanauki.pl/articles/2148211.pdf
Data publikacji:: 2018
Wydawca:: Instytut Studiów Międzynarodowych i Edukacji Humanum
Tematy:: empathy
hostility
aggression
criminal behavior of women
descriptive analysis
the resocialization process
Opis:: The article presents the emotional characteristics of women incarcerated by a legallyvalid court sentence in reference to their selected personality variables. In conducting the research, a group of female prisoners and a control group were diversified in reference to their empathic abilities and their intensity towards aggression and hostility. In the article the descriptive analysis was used in order to present the inter-group differences. In the study there were a total of 150 individual participants. Research results have shown that those who manifest criminal behavior are driven largely by their emotions, and their stimulation threshold is much lower than individuals with no criminal history. Women who are incarcerated are characterized as having a higher level of suspicion and negativity; while their aggression is based only on an emotional level. Furthermore their empathy is directed towards themselves, not towards others. The results obtained in the article may be utilized to adapt the process of rehabilitation of prisoners according to their personality traits.
Źródło:: Prosopon. Europejskie Studia Społeczno-Humanistyczne; 2018, 4(25); 77-87
1730-0266
Pojawia się w:: Prosopon. Europejskie Studia Społeczno-Humanistyczne
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Dlaczego dziecko staje się przestępcą? Funkcjonowanie rodziny a rodzaj zachowania przestępczego nieletnich chłopców
Why a child becomes a criminal? Operation of a type of family criminal behavior juvenile boys
Autorzy:: Kucharewicz, J.
Powiązania:: https://bibliotekanauki.pl/articles/324879.pdf
Data publikacji:: 2015
Wydawca:: Politechnika Śląska. Wydawnictwo Politechniki Śląskiej
Tematy:: nieletni
motywacja
zachowanie przestępcze
sytuacja opiekuńczo-wychowawcza
juvenile
motivation
criminal behavior
psychosocial situation
Opis:: Gwałtowny wzrost liczby i eskalacja najgroźniejszych przestępstw popełnianych przez nieletnich jest problemem o szczególnym znaczeniu społecznym. Irracjonalne motywy tych przestępstw, nasilona agresja oraz okrucieństwo bulwersują szerokie kręgi społeczne. Oficjalne rejestry, przedstawiające rozmiary i charakter przestępczości nieletnich, wskazują na występowanie w niej trzech głównych tendencji: systematycznego wzrostu wszystkich rodzajów przestępstw, obniżania się dolnej granicy wieku nieletnich sprawców oraz znacznego zwiększenia liczby przestępstw gwałtownych, charakteryzujących się dużym natężeniem agresji i wyjątkową brutalnością. Artykuł stanowi próbę odpowiedzi na pytania dotyczące zależności pomiędzy stylem funkcjonowania rodziny a pojawieniem się u młodych osób zachowań o charakterze przestępczym. Autorka próbuje odnaleźć uwarunkowania tych zachowań, poszukując ich wśród czynników środowiskowych – rodzinnych.
The rapid growth and escalating of the most serious crimes committed by minors is a problem of particular importance for society. Irrational motives for these crimes, increased aggression and cruelty of those irritate broad social circles. This fact became also an issue taken by the representatives of many disciplines, including psychology, pedagogy, criminology, sociology and law. Official records are showing the size and nature of juvenile crime indicate the presence of its three major trends: a systematic increase in all types of crime, lowering of the minimum age for juvenile offenders and a substantial increase in violent crimes, characterized by high intensity of aggression and exceptional brutality. The article attempts to answer the questions concerning the relationship between the style of functioning of the family and the emergence of young criminal behavior among young patients. The author tries to find determinants of these behaviors searching for them through environmental factors – family.
Źródło:: Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska; 2015, 85; 245-261
1641-3466
Pojawia się w:: Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Spożycie napojów alkoholowych w Polsce w 1985 r. Część I: Wzory zachowań
Consumption of alcohol in Poland in 1985. Part I: Patterns of behaviour)
Autorzy:: Jasiński, Jerzy
Powiązania:: https://bibliotekanauki.pl/articles/699265.pdf
Data publikacji:: 1989
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: zachowanie
konsumpcja
alkohol
prawo karne
uzależnienie
behavior
consumption
alcohol
criminal law
addiction
Opis:: THE SURVEYS Two consecutive alcohol consumption surveys were carried out in Poland in 1980 and 1985. In both of them quota samples of population 16 years of age and over were used, and the sizes of the samples were 1972 and 1808 respectively. The surveys were sponsored by the Institute of Psychiatry and Neurology which is responsible for funding research on a broad range of topics related to alcohol, its effects, use and misuse. The fieldwork was carried our by specially trained interviewers of the Centre for Public Opinion Survey and Programme studies of the state Committee for Radio and TV in Warsaw, a well established public opinion poll institute working already for more than 30 years. The majority of items included in the questionnaires used in each survey were identical, only some were altered, dropped entirely, or substituted for by other formulations. The preliminary part of both questionnaires concerned the relations of the respondents with other people. This was followed by a group of several questions related to the last drinking occasion: place and company of drinking, kind and amount of alcohol consumed, and the reason for drinking. In the 1985 survey more detailed information on the last occasion of drinking was collected, viz. separate questions were asked in relation to the last occasion of consumption of spirits and that of the consumption of wine, as well as on the duration of these occasions. The persons who had not consumed alcohol during the twelve months preceding the interview were asked whether they had ever drunk before, and what the reasons were for their being teetotallers. All the respondents were requested to tell about their pleasant and unpleasant experiences with alcohol, and whether alcohol helped them or caused trouble in some situations listed in the questionnaire, and pertaining to their social and professional life. Apart from that, the respondents were asked to express their approval or disapproval of several statements concerning good and bad consequences of drinking. In this part of the questionnaire, in the 1985 survey several alterations were introduced in comparison with the former survey. What remained unchanged in the questions were those on being victimized during the last twelve months while drunk, or by a drunk person. The questions on drinking in excess or more often than desired, or binge drinking-asked in the 1980 survey - were replaced in the 1985 survey by questions forming the CAGE questionnaire. Other questions asked in both surveys concerned the consumption of moonshine alcohol and drinking at work. The concluding part of the questionnaires was designed to obtain information on the respondents age, sex, education, place of residence, kind of work, etc. In the above surveys, the-last-occasion approach was applied in order to estimate the size and the pattern of alcohol intake by the respondents. This approach is adopted in the majority of Polish alcohol consumption surveys, following the example of a Finnish researcher P. Kuusi. Both surveys were carried out in mid-September, i.e. after-summer holidays, during a normal working month, without any important religious or national festivities, which would have changed to some extent the ordinary drinking practices. THE BEVERAGES During the years 1980-1985, the size of the apparent consumption of alcoholic beverages changed considerably. According to the official data derived from the statistics on sales of commodities, in 1980 the per capita consumption amounted to 8.4 litres of pure alcohol, of which 71 per cent was drunk in spirits,15 per cent- in wine, and 14 per cent -in beer. The 1985 figures were: 6,8 litres, 67, 15 and 18 per cent respectively. It looks as if the total consumption decreased substantially (by 19 per cent), but the structure of beverages consumed remained fairly stable. However , according to the opinion shared by the majority of specialists on the subject, the drop in the officially recorded consumption was associated with a marked increase in moonshine alcohol, which resulted in raising the total consumption to at least the 1980 level. The results of the survey seem to support this assertion. The per capita self-reported consumption of alt alcoholic beverages amounted to 5.6 and 5,9 litres of pure alcohol in 1980, and 1985 respectively. Thus, instead of the 1985 drop, a slight increase occurred (by 5 per cent). Moreover, while. the self-reported consumption of the majority of the beverages remained stable a large increase was noted in the home-made beverages: the illegally distilled moonshine alcohol (spirits) and the legally made fruit wine. The consumption of moonshine spirits was in 1985 higher than that in 1980 by 130 per cent and the consumption of fruit wine was higher by 60 per cent. In1985,one-scventh of all alcoholic beverages consumed were home-made, while in 1980 - only one-thirteenth. As a result, the share of spirits in the total amount of alcohol consumed – whether legally or illegally distilled in 1985 exceeded the 71 per cent level of 1980. Between the years 1980 and 1985 the proportion of consumers of fruit wine and spirits within the population remained stable, and that of other beverages increased. In particular, the number of those who drank moonshine spirits doubled. With the exception of fruit wine drunk in 1985 by nearly one-third of men as well as women 16 years of age and over, other beverages were consumed by far more men than women. This was particularly the case as regards beer which was drunk by 70 per cent of men and only 20 per cent of women, and moonshine spirits which were drunk by 30 per cent of men and 11 per cent of women. Spirits, which in Poland means mostly vodka, were consumed by 85 per cent of men and 62 per cent of women, and wine by 46 and 39 per cent respectively. FREQUENCY AND AMOUNT The-last-occasion approach adopted in the surveys consists not only in asking the respondents of how much and of how long ago they had drunk for the last time each of, the alcoholic beverages enumerated in the questionnaire, but also in assuming that the occasions reported were typical for the ways the respondents drank. Frequency of drinking depends heavily, among other things, on the kind of' beverage. In the Polish culture, wine is the less frequently drunk alcoholic beverage. Two-thirds of its consumers drink it at most once a month, and half of all its consumers - at most once every three months. Home-made fruit wine is being drunk even less often. Only one in five or six wine consumers drink it once a week or more often. The consumers of spirits seem to be divided into two distinct groups, one formed by occasional drinkers (at most once a month) and the other by frequent drinkers (several times a month or even several times a week). The first group consists of one-third, and the other one of more than half of all spirits drinkers. One in five of them drinks spirits several times a week. Most evenly distrributed on the frequency scale of drinking were the consumers of beer. Nearly as many drank it every day, every week, every month or every three months. Similar picture emerges in respect of the amount drunk on one occasion. Regardless of the beverage, most consumers drink small quantities only. But there are also heavy drinkers who consume on one occasion at least a quarter of a litre of spirits, one litre of wine or more than one litre of beer. Those drinkers constituted one in five of spirits' consumers, even one in two of moonshine spirits consumers, and one in five of wine or beer consumers, less heavy drinkers are only among home-made fruit wine drinkers (one in ten). The information concerning the frequency of drinking and the amount of alcohol consumed makes it possible to separate four patterns of drinking: heavy and frequent, heavy and infrequent, moderate and frequent, moderate and infrequent. Among consumers of different beverages, the group of persons drinking moderately and infrequently was the most numerous particularly as regards the consumers of wine, and smaller degree the consumers of spirits and moonshine spirits, and to the smallest degree-the consumers of beer. Also the group of persons drinking heavily and infrequently were relatively numerous, apart from consumers of beer, among whom the second most numerous group was that of persons drinking moderately and frequently. Every fourth or fifth consumer of beer, every seventh consumer of home-made frit wine drank much and frequently. As regards persons, who drank any two of the above-mentioned beverages, a convergence of their drinking parents could be noticed which consisted in the following regularity: if one of the beverages was consumed according to one of the patterns, the other beverage was generally also consumed according to the same pattern. The above results were very similar in both surveys. However, in the 1985survey, a slight shift towards greater concentration of consumption could be noticed. One of the effects of drinking alcohol, and for some consumers probably also one of the aims of drinking, is to get drunk. Using the information from the 1985 survey on such factors as the kind and amount of beverages consumed, the duration of the drinking occasion, and the sex and weight of the respondent, the blood alcohol concentration was estimated for every drinking occasion reported. In about one quarter of drinking occasion this estimate could not be done due to the lack of some of the necessary data, most often that of the weight of the respondents. Only one in every five events of drinking spirits and one in three events of drinking wine have not caused a rise in blood alcohol concentration above the physiological level of 0,2 per mille. Getting drunk, i. e. overstepping the blood alcohol concentration of 1.5 per mille, occurred in 13 per cent of incidents of drinking spirits, 7 per cent of drinking wine, and 5 per cent of drinking home-made fruit wine. If related to the total number of drinking occasion of the above beverages this means that in Poland every day about 600 thousand persons would get drunk. Persons getting drunk were significantly more numerous among men than women, and as far as men are concerned among young (up to 40 years of age), less educated, blue-collar workers describing themselves as non-believers or non-worshiping believers. Among women only those who felt to be better off than average would drink significantly more often than others. DRINKING OCCASION One of the characteristic features of drinking alcohol in Poland is using the existing occasions or inventing them. Alcohol happens to be drunk in order to celebrate such events as family festivities (like name-days or birthdays), religious ceremonies (like baptism, confirmation or - in particular - wedding), national holidays, government ceremonies (like opening a factory, a museum'' new railway station or a bridge), other happy events (tike winning a match by a favourite soccer team, passing important examinati.ons by the son or daughter, their entrance to the high school or the university). Drinking occasion may be called for while looking for some comfort caused by losing a march by a favourite soccer team a set-back at work, or misfortune in personal matters. Alcohol is served and drunk in order to show hospitality, to emphasize the importance of a guest or an unusual, lofty, or particular character of the meeting, etc. This list could be easily extended, but it does not seen necessary as its aim is only to show that drinking alcoholic beverages - probably with the exception of beer only – is perceived as an event calling for special justification. This justification should not be equated with causes of drinking, deeply rooted and often not understood and realized clearly by the person in question. Therefore, the justification for drinking provides an insight not so much into the reasons of drinking as into its cultural context. Using the information on the kind and amount of alcohol drunk, on the place of drinking, character of the occasion, and, in the 1985 survey, also on the duration of the drinking incidence, three main types of spirits and wine consumption occasions were distinguished: a family celebration, a friendly social meeting, and a drinking-for-purpose event. The family celebration comprised nearly half of all drinking occasions described in the replies of the respondents. These occasions lasted longer than others, namely about 4 to 5 hours, with many persons taking part, the amount of alcohol drunk was smaller by half than the average amount and in more than 90 per cent of cases they took place in private quarters. The friends-meeting social type of drinking occasions were less numerous, they comprised about one-third of the total number of the last occasions reported. Half of them occurred in friends appartments, one-fourth on the respondents flats, and one in seven in a bar or restaurant. The meeting lasted about 2-3 hours, and the amount of spirits or wine drunk was somewhat larger than the average. Most often 4 to 5 persons took part in these encounters. One in five of the last occasions described by the respondents was of the drinking-for-purpose type. The most often stated justification for such a drinking occasion was that ,,it just happened this way" or ,,without any special reason, and the second in the row was that the drinking tock place in order to handle some business which made it necessary to have a drink’’. These occasions lasted usually l-2 hours and the company consisted of about 3-4 persons. Most often the meeting took place in a bar or a restaurant at work; relatively rarely in private appartments, and occasionally in a park or another commonly frequented place. Persons drinking on these type of occasions consumed twice as much alcohol as the average. The types and characteristics of drinking occasions did not change between 1980 and 1985; only few exceptions were noted, such as those with more alcohol drunk in private apartments and less in bars and restaurants. The same types of drinking occasions were fund in respect of consumption of spirits and wine, only home-made fruit wine did not seem to be drunk ,,for purpose’’ DRINKING AT WORK One of the special features of drinking practices in Poland is the consumption of alcohol at work. It takes place against the provisions of the labour law and in some circumstances also against criminal law. Every few years the authorities launch a campaign against drinking at work only to learn that it brings about temporary results. In order to understand the reasons for limited effects of such endeavours a closer look at a socialist enterprise is necessary' fn a state-controlled economy, a socialist enterprise is not. only a place where employees provide work in order to produce some commodities or services. One of the Polish leading sociologists described such an enterprise as a combination of an industrial plant, an office, and charity. Its peculiar social life stems from all the above factors, and it is only against this background that an appraisal of the data on drinking at work can be made. The 1980 survey revealed that two of every three respondents employed in the state-owned enterprises and offices had in the course of the last year prior to the interview drunk alcohol while at work. The results of the 1985 survey were markedly different since the affirmative answers to the question of drinking at work was given by one in every two such respondents. On the assumption of the last occasion approach an attempt was made at amount of drinking events at work. The numbers of such events in1980 and 1985 were 14.6 and 7.3 per one employee respectively. It seems to be a marked decrease, but is has to be seen whether it will be a lasting one. Drinking at work seems to be very common also in another respect. When looping at the characteristics of the consumer of alcohol at work they correspond closely to the characteristics of all drinking persons. The justification for drinking at work is very similar to that described above, only the family celebration and friends-meeting social types seen to merge into one. In 1980 nearly half, and in 1985 one-third the persons who drank at work did it while celebrating name-days or birthdays. One in five of those who drank at work did it ,,with no special reason" or because alcohol was offered by somebody, which corresponds to the drinking-for-purpose type. ALCOHOL DEPENDENCE Alcohol dependence is a very complex concept and it is debatable whether tackling it in a survey research can produce conclusive results. In the 1985 survey it was approached by means of one of the questionnaires used by medical practitioners. After reviewing several of such questionnaires, like MAST, SMAST, CAGE, MALT, Reich, the CAGE questionnaire was selected as the most suitable, among other things, because of its brevity. A common feature of all the above instruments is that they are in fact screening tests, and their aim is to spot out in a pool of patients those who might have an alcohol problem. These patients are referred afterwards to a qualified specialist for a proper examination and diagnosis. The use of such a questionnaire in a survey conducted in a general population is an extention of its application far beyond the limits of its original design, because in such a situation it is expected to provide a final ,,diagnosis" instead of pointing to persons suspected of being addicted to alcohol. In the circumstances both the sensitivity and specificity of the questionnaire become of utmost importance. The low specificity of the CAGE questionnaire makes it impossible to estimate- within the known limits of errors - the size of the group of alcohol dependent persons in the general population because a number of persons likely to be classified on its basis as being alcohol dependent in fact are not dependent. The size of the latter (i. e. those incorrectly classified as alcohol dependent) is partly a function of the size of the group of the alcohol dependent in the general population. The percentage of respondents who in the 1985 survey said ,,yes" to al1 the four questions of the CAGE questionnaire was 4.4, to three questions - 11.8, to two questions - I2.1, and to one question - 15.1. The results of the previous applications of the CAGE test show that four ,,yes" answers to the questionnaire questions were given only by alcohol dependent persons, and no such answers were given by persons not dependent. Hence it can be assumed that in the cases of all four ,,yes" answers one deals with alcohol dependent persons, without fear of making a serious error. As to the persons who gave three ,,yes" answers) one can assume among them a higher cumulation of alcohol dependent persons, and as regards those who said ,ryes" to two questions it can be hypothesised that there are few such persons among them. On the basis of the results obtained, the probable number of persons in 1985 in Poland in the age group of 16 years and over, who were alcohol dependent, has been estimated as somewhat higher than number of persons who said ,,yes’’ to all the four questions in the CAGE questionnaire, i. e. approximately 1,500 000, the error limits of this estimate, unfortunately, cannot be specified. The persons who gave a higher number of ,,yes’’ answers to the test questions drank largel quantities of alcohol. More answers of this kond were given by men, middle-aged persons and elderly (but not old), living in villages, not well-off, non-worshipping believers and non-believers. THE ABSTAINERS AND TEETOTALLERS Abstainers are referred to here as those who do not drink a particular alcoholic beverage, and teetotalers as those who according to themselves do not drink alcohol at all (1980 survey) or who did not consume alcohol during the last twelve months prior to the interview. Only 25 per cent of the respondents abstained from drinking spirits, about 25 per cent-from wine, 58 per cent (in 1980)and 50 per cent (in 1985)-from beer, 70 per cent (in 1980) and 64 per cent (in1985)-from home-made fruit wine, and 89 per cent (in 1980) and 79 per cent (in 1985)-from moonshine spirits. The were 14.8 per cent teetotalers in 1980 and 16.1 per cent in 1985, however, the difference in those percentages is statistically insignificant. In general population the fraction of teetotalers is probably a few points higher because in both the 1980 and 1985 samples the persons aged 16-19 and 60 and more, namely those among whom the non-drinkers are most numerous, were underrepresented. Less than half of the teetotalers never drank alcohol and the share of those who stopped drinking increased between the years 1980 and 1985. This result would have looked promising were it not for the reasons for not drinking given by the respondents. Most often old age, poor health, lack of money, and similar justification were offered, and only one in seven non-drinking alcohol respondent mentioned that drinking alcohol would interfere with his studies or work, or against his beliefs or cherished values. Also the social characteristics of teetotalers give reason for worry: among these overrepresented are very young and elderly, women, poorly educated, blue-collar workers, poor-in general those who belong to the lower social strata of the population. To be a teetotaler in Poland is unenviable.
Źródło:: Archiwum Kryminologii; 1989, XVI; 7-100
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Koncepcja podkultury przemocy a wyjaśnianie przestępczości agresywnej
The subculture of violence thesis and explaining violent criminal behavior
Autorzy:: Krajewski, Krzysztof
Powiązania:: https://bibliotekanauki.pl/articles/699216.pdf
Data publikacji:: 1987
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: subkultura
przestępczość agresywna
pojęcie kulturowe
zachowanie
przemoc
brutalny przestępca
zachowanie jednostek
teoria
koncepcja
subculture
aggressive crime
concept cultural
behaviour
violence
violent criminal
individuals behavior
theory
concept
Opis:: This article dears with some problems related to application of Wolfgang’s and Ferracuti's subculture of violence theory explanation of violent criminal behaviour. Wolfgang and Ferracuti adopted in their concept cultural approach to explanation of crime in general, and violent crime in particular. Doing so, they rejected openly usefulness in this particular area of Merton’s anomie theory. They adopted so-called normative theory of culture, when means that they understand under the term culture a normative system consisting of values, norms and behavioral patterns, which exert pressure over individuals being under their influence, what results in uniformity of human behaviour. Application of this concept in criminology means that there may exist specific normative systems containing such values and norms which may lead individuals influenced by them to criminal behaviour. In other words it means, that when we observe within certain social group high criminality rates, higher than the average ones in a given society we may explain them in terms of the specific features of the culture of this group. This way of thinking is not totally new in American criminological literature. The best example of it constitutes W.B. Miller’s concept of flower-class culture as a generating milieu of gang delinquency. Wolfgang and Ferracuti claim that disproportionately high rates of violent crimes among and members of American lower-class (especially members of ethnic minorities) result from specific subculture existing within this social group, which they call subculture of violence. This subculture is the specific normative system which is characterized by tolerance and permissiveness which respect to the use of violence in interpersonal relations. The use of violence is perceived by members of such subculture as something normal and natural, they do not consider it as either illegal or immoral. On the contrary, violent people showing physical prowess and readiness of high enjoy many social rewards, high social status and prestige. People who do not conform to the requirements of such subculture face many troubles within their groups, including even possible ostracism. Wolfgang's and Ferracuti's concept contains evidently two separate layers. The first one, sociological, deals with subculture of violence as a social phenomenon and the problems related to the existence, functioning and transmission of violence related norms and values within society. The concept of subculture itself plays here a key role. The second one, psychological, deals with psychological consequences for the individuals of being under influence of such subcultural ethos. The main concern here are changes in attitudes and ways of perceiving environment resulting from the adoption of subcultural values, which one observes among violent people. These two layers are connected by very important thesis that aggression and violence constitute learned behaviour deeply internalised in the personalities of individuals. As it was said before subculture of violence thesis was conceived by Wolfgang and Ferracuti primarily to explain excessively high rates of violent crime among members of American lower class. But they point out as well to other examples of such subcultures as for example barbaricino code in Sardinia, customary vendetta in Albanova district in Italy, Colombian violencia or ,,criminal tribes'' in India. All this means that they treat their concept as a broader integrated criminological theory of violent criminal behaviour not limited to specific American context. One can point out to many attempts in the USA at empirical verification of the violent subculture thesis. First of all it is necessary to mention researches done by S. Ball-Rokeach and H. Erlanger. They attempted to verify Wolfgang's and Ferracuti's claims that there must exist significant differences in value systems and attitudes towards the use of violence between violent and non-violent persons, and that people who engage very often in violent incidents enjoy within their communities many social rewards including high status and prestige. The subculture of violence thesis was also used to explain a well-known in the American literature phenomenon of excessively high rates of violent crimes, especially homicides in the southern states. Among attempts at cultural explanations of this phenomenon one can point out first of all to contributions by Hackney, Gastill and Erlanger as well. All mentioned above researches hardly brought conclusive results. They involve many methodological shortcomings' and generally speaking seem to be too simply conceived, using too crude tools to pretend to be real tests of the subculture of violence thesis. This concept still awaits real, comprehensive attempt at empirical verification. When evaluating Wolfgang's and Ferracuti's concept from the theoretical point of view one has to start from the proposition which seems - as it was said before-to constitute the core of the entire concept: aggression and violence constitute learned behaviour. At this moment it is easy to observe similarity with E. D. Sutherland's differential association theory. Sutherland was speaking about conflict between criminal and non-criminal cultures. Existence of this conflict made it possible for an individual to have contacts with patterns of both criminal and law-abiding behaviour. Prevalence of one of them in the immediate environment of the individual decided about its future behavior. Very similarly Wolfgang and Ferracuti speak about the conflict between dominant culture (which they call non-violent culture) and subculture (which they call subculture of violence). This conflict makes possible differential association in the Sutherland’s meaning of the term. There is however one important difference. Sutherland, as it is well know, was strongly influenced in his thinking by G. H. Mead’s symbolic interactionism and sociology of Ch. H. Cooley, what resulted in particular attention paid to the primary social groups and direct interaction. For Sutherland the process of learning criminal behaviour could take place only by means of direct interaction within primary social groups. It is not easy to interpret Wolfgang’s and Ferracuti’s theory with respect to this problem, as they are not very explicit within the subculture. It makes it necessary to carry out a more detailed analysis of what they understand under the term subculture. They say on the one hand that the concept of subculture is strictly connected with the concept of social group. It seems however that this last concept they understand very broadly, when they say that individuals sharing certain values, norms and behavioral patterns constitute social groups. This means that under the term subculture they understand just individuals sharing particular norms and values, at least partly distinct from those existing in the dominant culture. This means as well that such sharing of values does not require direct interaction between individuals. It leads finally to a very important statement that subculture may exist widely dispersed spatially. It is necessary to underline that such understanding of the term subculture is not totally alien even to the contemporary adherents of symbolic interactionism. An article by A. Fine and S. Kleinman constitutes clear example. The essence of this approach is an attempt to avoid ,,reification’’-as above authors call it-of the concept of subculture, what means equaling it with certain social structure, in other words social group. It seems however that one should not press this point of view to the extreme. Interpretation of the meaning of the term culture in terms of individuals behaviour is quite popular in social anthropology, to mention only R. Linton. But it may lead also to certain consequences absurd from sociological and behaviour point of view. It may mean that if somebody behaves in a certain way, he adheres to certain norms and values of which his behaviour is a result. If not, it means that he does not adhere to them. In fact, it is a great simplification from the point of view of the mechanisms of human behaviour. In such a situation the concept of subculture lacks clear empirical meaning and loses its explaining potential. It seem that Wolgang's and Ferracuti's stance results from a very individualistic approach paying attention only to the relation culture-individual, while neglecting a very important one: culture-social group. Very helpful in solving presented above problems may be more detailed analysis of the psychological mechanisms of learning. What is interesting is that Wolfgang and Ferracuti do not go into details with respect to this, and mention only eventual usefulness of either Eysenck's or Bandura’s concepts. This lust one seems to be particularly suitable for the purposes of interpreting subculture of violence concept. Bandura's concepts of observational learning, as well as clear distinction between learning and performance, and analysis of the process of learning from three separate points of view, i.e. acquisition mechanisms instigation mechanism and maintenance mechanisms may be here particularly useful. It means that subculture of violence supplies to individual patterns of violence and aggression which are observed, memorized and in this way learned. It is also obvious that these patterns are not supplied by abstract subculture itself, but by behaviour of other individuals in the immediate environment. It is clear however that there are no people who behave constantly violently, what Wolfgang and Ferracuti admit, but do not elaborate on it. Learned violent patterns may result in violent behaviour only sometimes, when they meet necessary instigating stimuli. They may become more consistent and durable behavioral patterns only when necessary maintaining mechanisms come into being. It is obvious that subculture of violence may, serve as the supplier of both instigating and maintaining mechanisms. Especially these last may be very important. Bandura provides a very important distinction between internal and external control of human behaviour .Internal control means rewards, reinforcements coming from the individual's self. Here internalized values and norms come into action and play on important role. Behaviour, being in accordance with them brings satisfaction to the individual. This aspect of maintaining mechanisms constiutes main subject for Wolfgang and Ferracuti. But there is another one: external control, reinforcements, rewards coming from social environment, from social groups. Wolfgang and Ferracuti pay less attention or almost none to this aspect, because to analyse it one has to connect the meaning of the term subculture with the term social group, what they refuse to do. External control can not be an attribute of subculture itself. It is the function of groups. When one recognizes that subcultural system may be analysed only as a normative system of given- social groups, the possible influence of it becomes much broader. In such an interpretation subcultural influence is not limited only to mechanisms of internal control. Individuals may behave violently because they receive many external rewards for such behaviour. Because of this violent behaviour does not have necessarily to bring special satisfaction to the individual. Such behaviour may result from well known in social psychology mechanisms of group pressure and conformity with group standards. In sum, it seems to be very profitable to use Bandura’s social learning theory to interpret and to broaden Wolfgang's and Ferracuti’s subculture of violence thesis. It is necesary of course to modify their use of the term subculture and connect it strictly with social structures and groups. In such a situation subcultural influence from the psychological point of view may not be limited to the mechanisms of internal control but extended to the external control by social groups, -what makes possible application of the theory as a theory of violent behaviour in general.
Źródło:: Archiwum Kryminologii; 1987, XIV; 7-42
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Subiektywne komponenty czynu a bezprawność i okoliczności ją wyłączające. Kilka uwag o przyjmowanych w piśmiennictwie karnistycznym płaszczyznach i metodach analizy subiektywnych elementów bezprawności
Subjective components of the act in light of unlawfulness and circumstances excluding it. A few comments about accepted in the criminal literature planes and methods of subjective analysis elements of unlawfulness
Autorzy:: Kardas, Piotr
Powiązania:: https://bibliotekanauki.pl/articles/1596056.pdf
Data publikacji:: 2018
Wydawca:: Uniwersytet Szczeciński. Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Tematy:: act
unlawfulness
circumstances excluding unlawfulness
behavior
consciousness
will
intention
purpose
wake-up
sanctioned norm
sanctioning norm
structure of crime
inept attempt
directional offenses
axiological plane
ontological plane
criminal-political plane
pragmatic-procedural plane
monistic unlawfulness
pluralistic view of illegitimacy
subsidiarity
proportionality
consciousness as an objective characteristic of behavior
czyn
bezprawność
okoliczności wyłączające bezprawność
zachowanie
świadomość
wola
intencja
cel
pobudka
norma sankcjonowana
norma sankcjonująca
struktura przestępstwa
usiłowanie nieudolne
przestępstwa kierunkowe
płaszczyzna aksjologiczna
płaszczyzna ontologiczna
płaszczyzna kryminalnopolityczna
płaszczyzna pragmatyczno-proceduralna
monistyczne ujęcie bezprawności
pluralistyczne ujęcie bezprawności
subsydiarność
proporcjonalność
świadomość jako zobiektywizowana cecha zachowania
Opis:: W opracowaniu przedstawiono aktualny stan analiz dogmatycznych w odniesieniu do zagadnienia tzw. subiektywnych komponentów: czynu, bezprawności oraz okoliczności wyłączających bezprawność. W pierwszej kolejności przedstawiono rekonstrukcyjne uwagi dotyczące obecnego stanu badań nad problematyką komponentów subiektywnych w strukturze czynu, bezprawności oraz okoliczności wyłączających bezprawność. Na bazie zarysowanej dychotomii prezentowanych w polskiej teorii prawa karnego ujęć – obiektywnego oraz subiektywnego – zarysowano część płaszczyzn, na których dokonywać należy analizy oraz weryfikacji koncepcji odnoszących się do funkcji i znaczenia komponentów subiektywnych w ramach karnoprawnych ujęć: czynu, bezprawności oraz okoliczności wyłączających bezprawność. Odwołując się do płaszczyzny teoretycznej, normatywnej, dogmatycznej oraz strukturalnej, przedstawiono wady i zalety konkurencyjnych koncepcji. W podsumowaniu zamieszczono propozycję zobiektywizowanego ujęcia świadomości, jako jednej z właściwości opisywanego w ustawie zachowania, stanowiącego możliwy kierunek rozwiązania paradoksów łączących się immanentnie z prezentowanymi dotychczas w polskim piśmiennictwie konkurencyjnymi ujęciami analizowanego zagadnienia.
The paper presents the current state of dogmatic analysis in relation to the issue of the so-called subjective components: act, unlawfulness and circumstances excluding unlawfulness. First of all reconstructive remarks concerning the current state of research on the subject matter of subjective components in the structure of the act, unlawfulness and circumstances excluding unlawfulness were presented. On the basis of the outlined dichotomy of the conceptual and objective perspectives presented in the Polish criminal law theory, some areas have been outlined for analysis and verification of concepts relating to the function and meaning of subjective components within the framework of criminal legal actions, unlawfulness and circumstances excluding unlawfulness. Referring to the theoretical, normative, dogmatic and structural levels, the advantages and disadvantages of competing concepts are presented. The summary contains an offer of objectivized recognition of consciousness as one of the properties described in the Behavior Act, constituting a possible direction of solving the paradoxes immanently combining with the previously presented in the Polish literature competing perspectives of the analyzed issue.
Źródło:: Acta Iuris Stetinensis; 2018, 21, 1; 7-43
2083-4373
2545-3181
Pojawia się w:: Acta Iuris Stetinensis
Dostawca treści:: Biblioteka Nauki

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