Temat: criminological theory - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Społeczno-wychowawcza funkcja kary a koncepcje natury ludzkiej (na przykładzie koncepcji Michaela Baurmanna)
Socio-educational function of a punishment and conceptions of human nature (on the example of Michael Baurmann conception)
Autorzy:: Szamota-Saeki, Barbara
Powiązania:: https://bibliotekanauki.pl/articles/698492.pdf
Data publikacji:: 2009
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: prewencja generalna
funkcje kary
criminological theory
Opis:: In the present debate on theory of positive general prevention more emphasis is put on empirical than normative issues. It is understandable since the number of empirical studies, proving the theses of moral-educational role of the punishment, carried out so far is low and the results are inconclusive and preliminary. This justifies the question if these theories have any grounds in social reality. It is even suggested that the theories are lawyers’ ideas and their greatest asset is the difficulty of obtaining an empirical proof. Because of this, one may refer to them without a fear that the claims will be rejected in empirical research (disregarding purely normative theories, that is). What is a characteristic feature of various version of positive general prevention is that it is meant to be achieved not by fear of punishment but other mechanisms which do not emphasise the element of constraint and real affliction of state-imposed punishment. It is most of all about emphasising persuasive, educational, socialising and symbolic character of criminal law impact as well as about creating a habit. In some theories, state-imposed punishment plays a role of an argument in shaping rationally motivated convictions which should favour voluntary obedience of criminal law norms. Since state-imposed punishment becomes a motivating measure which can be combined with autonomy and dignity of an individual, ethical reservations concerning it use are eliminated to a great extent. Because of this masking of the real character of stateimposed punishment, this is the point where the risk of its broader use appears. Therefore the primary task is to restate the theory of positive prevention into a general empirical theory whose claims can be verified. Previous studies have shown that these theories are available for empirical research, which belies the widespread belief that they can not be subjected to empirical verification. There is no doubt that the rearrangement of the thesis of general positive prevention and making terminology more precise would help in building an empirical theory. The biggest challenge is to develop a theoretical model of human behaviour which could support the theory of general positive prevention. The need to provide such a theoretical model of human behaviour was shown by German sociologist, Michael Baurmann, and it was him who undertook this task. Importantly, not only has he developed such a model, but he applied it directly to reformulate selected varieties of positive general prevention in an empirical theory. On an example of two models designed for different versions of positive general prevention, Baurmann showed not only how to organize the varieties of moral and educational theory of punishment, but also how to describe them in the language of empirical research. General prevention understood as general deterrence is based on a model of rational choice in the sense of homo economicus.
Źródło:: Archiwum Kryminologii; 2009, XXXI; 73-100
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: O niektórych ogólnych problemach kryminologii i znaczeniu paradygmatu humanistycznego
Some general settlements concerning criminology and the importance of the humanistic paradigm
Autorzy:: Tyszkiewicz, Leon
Powiązania:: https://bibliotekanauki.pl/articles/698494.pdf
Data publikacji:: 2009
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: kryminologia humanistyczna
teorie kryminologiczne
criminological theory
Opis:: The article presents a series of statements concerning criminology: it is a autonomous and multidisciplinary science; it should be separated from the criminal policy and merged with the study of social pathology. The distinction between descriptive and explaining criminology is of certain importance. In the latter, the problem of assumed paradigm is of particular importance. Approximately since l960, in social sciences and in criminology the antinaturalistic paradigm prevails. Its nature is raises controversies. The author thinks that the antinaturalistic paradigm – understood correctly – must be a humanistic paradigm based on the idea of "homo eligens" (a choosing man) and a moderate indeterminism. This point of view has many advantages: among others, it explains poor effects of the research in the etiology of crime and the difficulties in the struggle against crime. Criminology must be developed. That is relatively easy within descriptive criminology but significantly more difficult in explanatory criminology, where the more interesting information must be obtained from the criminal himself.
Źródło:: Archiwum Kryminologii; 2009, XXXI; 61-72
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Przyczyny przestępczości. Nowe aspekty międzynarodowej dyskusji o teoriach kryminologicznych
Causes of Crime – Recent Developments in the International Criminological Theory-Discusion
Autorzy:: Schneider, Hans J.
Powiązania:: https://bibliotekanauki.pl/articles/698664.pdf
Data publikacji:: 1998
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępczość
teorie kryminologiczne
choroba psychiczna
przestępstwo
crime
criminological theory
mental illness
offense
Opis:: This survey intends to critically inform the reader about new and further developments of criminological theories on causality and about how successful these theories have proved in empirical and practical terms during the last three decades. From the point of view of mainstream criminology the criminalbiological, criminalpsychological, criminalsociological, socialpsychological, victimological, critical-radical, feminist, postmodernist and integrated theories are being considered. Preceding this is a discussion of the theory of national choise, according to which criminality is based on a costprofit-analysis and which, empirically speaking, has not exactly held good. Among the criminalbiological approaches the theory of constitutional predisposition is being discussed which assumes an interaction between genes and environment to produce criminality. Since the studies on family, twins and adoption, while attempting to prove this interaction, show both theoretical and methodological shortcomings, this theory is being rejected. Under the headline of "criminalbiological theories" a discussion of mental illness and crime can be found. A psychiatrisation of crime is not held advisable: Only between 0.2 % and 2 % of all schizophrenic persons are arrested for violent crimes per year, which amounts 1.1 % to 2.3 % of the total arrests for violent crime. Among the criminalpsychological theories the following three approaches are being discussed: the psychopathological theory, the theory of criminal personality according to Hans Jürgen Eysenck and the biosocial theory of inherited criminal tendencies according to Sarnoff A. Mednick. It is proposed to give up the term "psychopathy'' altogether since it contradicts modern findings of dark field research that personality traits not socially desirable are restricted to and concentrated in only a small section of the human race. The theories of Eysneck and Mednick, according to which criminal behaviour is tfre result of interaction between certain social environmental factors and inherited predispositions of the central nervous system, have empirically not been sufficiently proven. The survey's emphasis lies on criminalsociological, socialpsychological and victimological theories. In the context o criminalsociological approaches the theories of social disorganization and of anomie are being discussed. A society is socially disorganized when social bonds dissolve, when social control breaks down and when interpersonal disorientation spreads among its members. The theory of social disorganization has been further developed inasmuch as the social structuring of delinquency areas has been described as a dynamic process and as the spiral-like social downfall and dereliction of a neighbourhood ("community crime career"). In empirical studies making use of data from accounts showing how people have become perpetrator or victim ("British Crime Surveys"), this theory of social disorganization has been widely confirmed. The theory of anomie has undergone further development by the adaptation of two new approaches: the theory of institutional anomie according to Steven F. Messner and Richard Rosenfeld and the theory of general strain according to Robert Agnew. The theory of institutional anomie underlines the extreme importance western societies ascribe to monetary success while at the same time not stressing the component of achieving this success by legal means. One institution – economy – assumes priority over all non-economic institutions such as family, education or politics, which on their part are only insufficiently capable of restricting the criminogenic pressure phenomenon, i.e. the overestimation of monetary success. According to the theory of general strain the incapability of reaching positively marked aims results in overstraining (pressure). This pressure can be measured by ascertaining the gap between aspirations (ideal aims) and expectations on the one hand and actual achievements and successes on the other. The socialpsychological theories, which are theories of social processes can be subdivided into theories of cognitive-social learning, control, interaction and life-course. According to the theory of cognitive-social learning a person acquires his/her behaviour by way of reinforcement and modeling. In self-reinforcement processes people both reward and punish themselves. Finally, this theory regards human learning as an active, cognitively controlled psychical process of assimilating experience. Criminal behaviour is learned by reaffirming (rewarding) it more than socially conforming behaviour. Delinquents acquire it in criminal subcultures, in which criminal behaviour is justified by means of neutralisation techniques as being "not really'' criminal. The theory of cognitive-social learning of criminal behaviour (the theory of differential reinforcement and imitation) has held good empirically and practically and has been complemented by the theory of crime seduction according to Jack Katz stating that the euphoria of criminal success is relevant factor. The robber f.i. is not only rewarded by his material profit but also by experiencing domination during the criminal act. Among the theories of control the theory of social bonds according to Travis Hirschi is widely appreciated in practical terms. Empirically speaking, however, it has not quite achieved what it promised. It has been further developed by the theory of self-control, according to which delinquents are persons with a low level of self-control as a result from ineffective and inadequate socialization. Another new development is the theory of control balance according to Charles R. Tittle. The central statement of this theory is that the amount of control a person is subjected to, as compared to the control this person exercises, influences both the probability of committing delinquencies and the possibility to commit certain types of crime. The theory of interaction, which is a theory of social process, has been converted in the seventies and eighties to a radical socialstructural labeling approach. Control institutions (f.i police, law-courts) are assumed to produce delinquency and criminality by selectively sanctioning the lower class in the order to preserve the power of the ruling class. In the nineties, however, the interaction theory is distancing itself from this radical power conflict approach and reverting to its original focus: its connection to the cognitive-social learning theory. The interaction theory has been supplemented by the Australian criminologist John Braithwaite. He regards shame as an essential means of informal social control and distinguishes between reintegrative and disintegrative shaming. The life-course-theories are new developments stemming from the late eighties and early nineties. According to these theories, delinquency and criminality develop in interactive processes spanning the whole cycle of life. Developmental crirninology focusses on the questions why people become delinquent (onset, activation), why their delinquencies continue (maintenance), why delinquencies often increase both in frequency and in seriousness (acceleration, escalation, aggravation) and, lastly, why people stop being delinquent (deceleration, desistance, termination). It is concept of casuality is dynamic and interactive. Personal and social damages cause delinquency and criminality which in their turn again result in personal and social damages. Basically, three life-course-theories have recently been developed: the interaction theory by Terence P. Thornberry, the theory of social turning-points by Robert J. Sampson and John H. Laub and the theory of criminal tendencies by David P. Farrington. Victimological theories open a range of completely new criminal-aetiological perspectives. For victimogenesis (enquiring into the causes for becoming a victim) the model of lifestyle-exposure and opportunity deals with the probability of individuals being in certain places at certain times and under certiatin circumstances and thereby meeting certain categories of people. The routine-activity-theory according to Lawrence E. Cohen and Marcus Felson distinguishes between three elements: a motivated offender, a suitable target and the absence of capable protectors (guardians) of this object against a violation. The routine-activity-approach accordingly predicts the highest risk of delinquency when the victim's suitability is highest: best social visibility, easiest access, strongest attraction and when the level of object observation is low. The routine-activity-theory has been further developed into a structural-choise model of victimization. Within this reconsidered and verified model the nearness and protection of a potential victim represent components of choise. The critical-radical school in modern criminology intends to develop an alternative to mainstream criminology and in the long run to replace mainstream criminology. While having achieved their first aim, thus far they have failed in thier second. The critical-radical school of thought can be divided into three theories: According to marxist theory the basis of crime can be found in the contradictions of capitalism oppresing and exploiting the working class. Crime originates in the basic conflict between the bourgeoisie and the working class, which is a conflict of power and interests. The anarchistic theory aims at showing that that kind of justice by which our modern1egal system defines itself is in reality a facade for an intrinsic system of institutionalized injustice. Left-wing realism holds a „theory” consisting of four variables: victim, offender, state agencies and the public. Without disregarding the victims of so-called street-crimes, radical realism is based not-only on comprehending the victimization of the offender by the state, but also on the understanding of victimizition of the working class by the working class. Feminist theories in criminology focus on the four following issues: the problem of generalization: It is questionable whether the criminological theories developed so far are readily applicable to women and girls; the problem of gender relations: an explanation is required on why women and girls; commit fewer and less serious crimes and delinquencies than man and boys and how significant a factor masculinity is for the genesis of crime; the victimalization problem: Both the manifestations and the causes of male physical and sexual violence towards woman have to be describeds much more accurately; the problem of equal treatment of man and woman in the criminal justice system: It is questionable whether the principles of masculinity or feminity, should define the climate of the criminal justice system. Constutive criminology is a postmodernist school. It questions the attempt of institutions and individuals to claim priority of ''expert'' knowledge. Truth to them is a form of domination. Linked with constitutive criminology is the peacemaking criminology, which tries to soothe human sufferings and reduce criminality in this way. Solutions of the criminal justice system are rejected as violent. Individual violence cannot be overcome through state violence. Integrated theories attempt to take the best of every ''middle-range" theory and combine this into a more comprehensive new theory. Finally, as an example of an integrated theory, John Hagan's theory of power control is put forward which aims at explaining the lower frequency and seriousness of woman's criminality and girls' delinquency by looking at patriarchy and class structures.
Źródło:: Archiwum Kryminologii; 1998, XXIII-XXIV; 13-44
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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