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Tytuł:
Grupy nieletnich przestępców
Gangs of juvenile delinquents
Autorzy:
Pawełczyńska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699155.pdf
Data publikacji:
1960
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
grupy przestępcze
nieletni przestępcy
badania
Zakład Kryminologii Państwowej Akademii Nauk
Warszawa
criminal groups
juvenile offenders
research
Department of Criminology at the Institute of Legal Sciences of the Polish Academy of Science
Warsaw
kradzieże
chuligaństwo
thefts
hooliganism
Opis:
In the years 1953 to 1955 the Department of Criminology of the Institute of Legal Sciences carried out research on gangs of juvenile delinquents; it was a matter of the offences committed by three or more boys aged up to 17 who formed gangs of offenders. At the Warsaw Juvenile Court the records of 716 juveniles who had, during the period in question; participated in 181 crime-committing gangs, have been investigated. Out of this material detailed investigation has been carried out on 50 groups, comprising 215 juveniles. Such detailed investigation comprised environment interviews in the family home, comprehensive conversations with the mothers, interviews at the schools, psychological examination of the minors themselves (part of them were also examined by a physician) and talks with the juveniles, who were investigated in detail from the point of view of the problem of gangs. Apart from the research carried out in Warsaw, 74 gangs comprising 309 juvenile offenders were investigated at the Juvenile Courts in the following provincial cities: Łódź, Katowice, Cracow, and Bialystok. The research dealt with all the gangs of juvenile offenders whose cases came before the above-mentioned four Juvenile Courts in the first six months of 1954. Such research has been carried out by the Judges of the Juvenile courts themselves, according to a special questionnaire; and consisted in the juveniles giving detailed evidence concerning circumstances such as participation in the gangs, in talks with the mothers, and environment interviews (with part of the cases also psychological examination was carried out). The basic material for the present, contribution are the 50 Warsaw and the 74 provincial gangs, all of them investigated in detail. 1. Out of a total of 255 gangs investigated (181 gangs investigated on the basis of judicial record and 124 gangs investigated in detail) there were: a) 113 gangs systematically committing thefts. b) 36 gangs committing either thefts or else deeds consisting in aggressively accosting or beating up (whether boys of their own age or older persons), in destroying property and in disturbing public peace. These are so-called acts of hooliganism. c) 24 gangs committing only acts of a hooligan character mentioned above. Finally, out of the 255 gangs investigated 82 gangs were selected which had committed only one theft, and the majority of which cannot be considered to be offender gangs because of the lack of any real bond between the members of such gangs. The age of the members of the offender gangs was as follows: 17.3 per cent of the boys were under 10 years of age. 34.6 per cent were from 11 to 12. 31 per cent were from 13 to 14. 17.1 per cent were from 15 to 17. The percentages in the several types of gangs are, in principle, rather similar. In the gangs which systematically committed thefts a bigger span between the ages of the members was found than in the other types of gangs. While in the remaining types of gangs the juveniles are usually of the same age, or else the difference of age between them amounts to from one to two years, in the gangs which systematically commit thefts, in 37 per cent of the cases the difference of age amounts to more than three years. As far as the number of members of whom a gang was composed is concerned, detailed investigation has established the fact that gangs numbering from three to four members amounted merely to 16 per cent, while gangs composed of six and more members were as many as 64 per cent (gangs of ten and more members were 22 per cent), It ought to be stressed that the actual number of members of a gang was not known to the Court; in the records the number of members of such an offender gang was, as a rule, considerably smaller. 2. The data concerning the home environment of the members of the gangs under investigation, their way of life and personality look more or less similarly as those concerning juvenile recidivists whose cases are discussed in the same volume of the Archives, and this is why we do not discuss these data in detail here. It is worth noting that a bad material situation of the families was more frequent in the case of the juveniles belonging to the gangs which went in for systematic thefts than with the other types of gangs: there were 60 per cent of such cases, while e.g. with the members of hooligan gangs the same situation was found in a mere 21 per cent. In the gangs which went in for systematic thefts there were more juveniles who hailed from homes where the family life had altogether gone to pieces. They were families in which an accumulation of such factors as the alcoholism of the fathers, continual brawls in the home, delinquency, etc., was found. In 66.6 per cent of the gangs which went in for systematical stealing all their members came just from such families, while e.g. in 45 per cent of the hooligan gangs all their members carne from families in which no decay of the family was found. Similarly, the number of children deprived of parental control at home was the largest among the members of the gangs which went in for systematic stealing. On the other hand, a bad attitude of the parents towards their child was more frequently found among the members of hooligan gangs than in the other types of gangs. The percentage of fathers who treated their children brutally was also highest here. 3. With offender gangs it is a matter of great importance whether the members of such gangs had committed criminal offences prior to their starting criminal their activities in gangs. In the areas of the several Juvenile Courts the percentage of juveniles who had previously been committing offences amounted to from 30.3 per cent to 52.6 per cent. The largest number of juveniles who had been committing crimes before, and consequently brought a considerable degree of depravation with them into the gangs belongs to the hooligan-and-stealing gangs (62.4 per cent) and to the gangs which go in for systematic thefts (42.4 per cent). On the other hand, the percentage of recidivists is low in the hooligan gangs and in those gangs which committed theft but once. Thefts constitute 76.7 per cent of the total of the offences committed previously, thefts together with hooligan acts - 14 per cent, and hooligan offences alone - only 9.3 per cent. Prior to their joining the gang, the boys stole mostly small sums of money, and' in the next place, food and sweets. Thefts of intoxicating liquor appear more frequently than with other types with those juveniles who later on joined hooligan gangs. At the time of making our investigations, the juveniles who acted in delinquent gangs had already gone astray considerably, and their way of life was almost entirely disorganized. 4. The data concerning the origin of the gangs show that: 40 per cent of the gangs arose owing to contacts between boys who lived in the neighborhood; 32 per cent of them arose partly owing to neighbourly contacts, and partly owing to acquaintance struck at school; 15 per cent of the gangs arose as a result of boys meeting in the street, in public parks, at the cinema, in various places of public entertainment; 9 per cent of the groups were composed of boys who had met only at school; 4 per cent of the gangs were composed of boys who had come near each other during escapes from home or a correctional institution. The large majority of the gangs which arose owing to neighborhood and school contacts consists of stealing gangs. The picture is altogether different in the case of gangs which arose in places of common entertainment. Here the majority consists of hooligan gangs mostly formed by older boys. The period of activity of such a gang down to the moment of it committing its first offence is mostly very brief. The mechanism of the formation of such criminal gangs also varied: the boys, as a rule, at first formed groups just with the view to having good time. The transformation of ordinary neighborhood groups for purposes of play into criminal gangs was fostered by the family conditions of the members of such groups; by the lack of adequate care and of proper bonds between the boy and his family home, as well as by the harmful influence of the social environment at large. School becomes, under certain circumstances, an additional factor favorable for the creation of gangs. Part of the members of such gangs consist of children who are excitable, nervous, retarded in development, and encountering great difficulties in adapting themselves to study at school and to the requirements set by the school. Such children easily become alienated from the pupils community, forming a peculiar social margin within the school. 5. From the point of view of organizational structure we can distinguish, in the material under investigation, loose gangs, gangs with certain elements of organization, and organized gangs. Loose gangs amounted to 52.4 per cent. Their composition varied, they lacked elements of an organization altogether, they had no leader and no ,,den" of their own. Organized gangs, with a leader and a crystallized division of roles within the gang, amounted to 23.4 per cent. Gangs with but some elements of organization amounted to 24.2 per cent. Organized gangs occur more frequently among the gangs which go in for systematic stealing (35 per cent) than among other types of gangs, while, on the other hand, loose gangs are typical, of hooligan gangs (91 per cent). There exists a very essential difference between the gangs which go in for systematic stealing and those of a hooligan character. While the former are offender gangs the prime purpose of which is to commit thefts, the gangs which go in for hooligan offences are really groups for purposes of play, with whom the offence is closely connected with perverted play. 6. With the gangs which committed thefts the object of such thefts were mostly things of very small material value - food in 31 per cent of the cases, sums of money, mostly very small, in 10 per cent, sports and technical articles in 10.1 per cent, sweets in 9.1 per cent, alcoholic liquors in 8.5 per cent, building materials in 7 per cent, clothing in 6,4 per cent, while bicycles accounted for only 1.1 per cent, and watches and jewelry - for 0.8 per cent. A comparison between the objects stolen by the hooligan-cum-stealing gangs with those stolen by the stealing ones shows obvious differences in accordance with the type of the gang. In the gangs which went in for stealing only, the most frequent object of theft is food (37 per cent), then sport and technical articles (12.9 per cent), sweets (11.8 per cent), clothing are (8.3 per cent). Alcoholic liquors one of the most infrequent objects of theft (0.8 per cent). On the other hand, with the hooligan-cum-stealing gangs, it is precisely alcohol that constitutes the most frequent object of theft !34.5 per cent); the next place is occupied by money (22.3 per cent), while the remaining objects of theft appear much more seldom; they are mostly such objects as can be sold (e.g. building materials account for 12.6 pe cent). In a definite majority of the investigated gangs the value of the stolen object is the outcome of mere chance, and it is dependent on the opportunity of theft which has arisen. The largest number of theft committed by the gangs investigated took place in shops (70.3 per cent). Specialization as to the mode of performing theft is an extremely rare phenomenon with the gangs investigated. The investigated boys who belonged to hooligan and hooligan-cum-stealing gangs have committed the following acts of a hooligan character: Aggressive accosting and beating up 41.6 per cent. Destruction of property (breaking window-panes, street-lamps ect.) 37.6 pe cent. Disturbance of public peace and order 19.1 per cent. Others 1.7 per cent. The character of the hooligan acts perpetrated is closely connected with the age of the investigated. For the younger age groups the characteristic offences are destruction of property (44.4 per cent) and disturbance of public peace (39.5 per cent). 66 per cent of the offences committed by older boys consist of more serious offences - accosting and beating up. Along with the age of the boys and the length of time a gang has existed the number of frequency of hooligan acts perpetrated by them also increases. Hooligan offences were mostly committed by them at school (68.1 per cent) and in the streets and gardens (27 per cent). 7. In the investigation concerning the 50 Warsaw gangs follow-up studies have been carried out, from two to four years after the trial and the following was stated: In this period only 42 per cent of the gangs underwent complete decay, while 58 per cent of them continued to go in to their criminal activities, including 38 per cent, the numerical strength of which had even increased. Nearly all the groups which had committed theft but once underwent a complete decay; so did one half of the gangs which went in for systematic stealing, and one about one-fourth of the hooligan and hooligan-cum-stealing gangs. In the light of our investigation it appears that the gangs composed of younger boys (9 to 12 years) are much more permanent than the gangs composed of older boys. As far as the individual destinies of the several members of the gangs are concerned, the follow-up studies which have been carried out have shown that only 28 per cent of the investigated have completely mended their ways. One half of the investigated have been declared to be recidivists, while with 22 per cent further symptoms of serious demoralization were found, in spite of lack of data concerning the commission of any criminal offences by them. Improvement took place mostly in the case of the less demoralized boys, those who played but a marginal role in the gang. The improvement with younger boys was much more infrequent than that with the older ones (more than 70 per cent of the members of the hooligan-cum-stealing and systematically stealing gangs, aged up to 12, have proved to be incorrigible). The lack of improvement was also related to the length of the period of a juvenile offender's association with his gang. The longer they had participated in the offences committed by the gang, the more difficult it was for them to mend their ways, even after having severed any contacts between themselves and the gang.
Źródło:
Archiwum Kryminologii; 1960, I; 113-163
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Młodociani recydywiści
Young adult recidivists
Autorzy:
Szelhaus, Stanisław
Baucz-Straszewicz, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699148.pdf
Data publikacji:
1960
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
młodociani recydywiści
przestępczość młodocianych recydywistów
badania
Zakład Kryminologii Państwowej Akademii Nauk
wykolejenie społeczne
młodzież
young adults recidivists
delinquency of young adults recidivists
Department of Criminology at the Institute of Legal Sciences of the Polish Academy of Science
research
young adult
social maladjustment
young adult recidivists
delinquency of young adult recidivists
Opis:
Investigation has covered 100 recidivists between the ages of 18 and 21, serving their term in jail; its purpose was to bring to light the scope of social misfitting and delinquency of the individuals with whom delinquency and recidivism seem to be of recent origin. Investigation has covered the individuals domiciled in Warsaw, who have been punished for at least the second time after having reached the age when penal responsibility begins (i.e. their seventeenth year of age) and have gone to jail for at least the second time. The investigation, started at the end of 1956 and finished in the middle of 1958, was conducted in two Warsaw jails and three provincial ones. All young adult recidivists with a condemning sentence who were at that time in jail were investigated, without making any selection of the cases, apart from the criteria enumerated above. The investigation, however, has taken into consideration data from judicial records and prison records, as well as from the Convicts, Register. Talks with the mothers of the convicts have provided material concerning the family home, the diseases which the convicted person had gone through, his pre-school and school days, way of life, etc. Psychological and medical examination has also been carried out. Young adult recidivists have been examined on an average, from four to five times within a few hours. In the case of those of the investigated who have been released from prison before December 1st , 1958, follow-up studies were carried out, to comprise a period of from six months to one year. 1. In investigating 100 young adult recidivists past record it was established that as many as 79 of them had been previously tried by a juvenile court (even though the law-court which tried them after they had completed the seventeenth year of age knew about that in a mere 23 cases). Apart from that, another 12 had committed thefts during their minority without being prosecuted before the law-courts. Consequently a mere 9 of all the investigated began to commit criminal offences after they were 16. The beginnings of delinquency took place in 19 per cent of the cases before the tenth year of their rives, and in 68 per cent before the thirteenth; it is highly probable however, that in reality the beginnings of their delinquency were earlier than that. Investigation into the further destinies of 79 investigated persons who had been tried while still minors has established the fact that 85 per cent of their number found themselves in jail before the lapse of two years from the moment of being released from a house of correction, or from their last trial before a juvenile court. As far as the 43 investigated. persons are concerned who had previously been in institutions for delinquent boys (training schools), as many as 27 were arrested before the lapse of six months from their release from such an institution, 12 remained at large for periods ranging from six months to one year and only 4 from one year to two years. The total of the data concerning the number of trials before both juvenile and ordinary courts looked as follows: out of 100 recidivists 13 had been tried twice, 20 - 3 times, 29 – 4 times, 17 - 5 times, 11 - 6 times, 10 - 7 or more times. Consequently 67 per cent of the investigated had already been tried 4 or more times, and every fifth one of them - 6 or more times. As far as their first term in jail is concerned, 16 of the investigated found themselves in jail before having attained the age of criminal responsibility, as a rule owing to their having given false birthdata at the time of their arrest, 55 at the age of 17, 26 at the age of 18 and a mere 3 at 19 years of age. Nearly one half of the recidivists had spent more time in jail than at large (from the moment of having reached the age of criminal responsibility), while the longest spell at large between one arrest and the next amounted to: below six months with 49 per cent of the investigated, from six months to one year with 33 per cent, while it was more than one year with a mere 18 per cent. Taking into consideration the kind of offences committed, we may divide the material under investigation into the following groups: A. Young adult recidivists punished exclusively for offences against property (as a rule, thefts) - 39 cases. B. Young adult recidivists punished exclusively for offences against life and health (grievous injury to the body, and slight bodily harm, brawls, infringement of bodily inviolability as well as for insulting a functionary of the police). There were only 10 offenders who committed such offences out of ,,hooligan" motives only, among all those investigated. C. Young adult recidivists punished for offences against property as well as for grievous injury to the body and slight bodily harm, brawls, infringement of bodily inviolability and insult to police functionaries - 51 cases. A. As for the persons investigated who had been punished only for offences against property (nearly exclusively for theft), they began to commit offences at the age of from 9 to 12 years, i.e. earlier than the rest. The first thefts, as a rule, took place in the family home. The majority of the perpetrators had been punished several times for theft by a juvenile court; one half of these, recidivists are criminals whose principal source of income are thefts, and, all of them had spent more time in jail than at large. It should be emphasized that both recidivists belonging to this group and the remaining ones had, in an overwhelming majority of cases (91 per cent), lived in their parents', or else their mothers’, homes, and were able to have their meals at home (70 per cent). B. The beginnings of delinquency with the persons investigated who have been punished only for infringement of bodily inviolability, damage to the body, brawls and insults to police functionaries are considerably later and take place about the thirteenth to the sixteenth year of age. Similarly, the rate of penalties inflicted is smaller, and the spells of liberty much longer than with the thief group. Nearly all such acts (accosting and beating up a passer-by in the street, insult by word of mouth or beating up a policeman, etc.) were committed while under the influence of drink. Nearly All of the investigated who belong to this group systematically abuse alcohol, and their delinquency is closely connected with their drunkenness. C. The most numerous group of persons convicted, those punished both for theft and for damage to the body, brawls, infringement of bodily inviolability and insult to a policemen, may be divided into two sub-groups: Sub-Group One, 30 strong, consists of individuals who commit more thefts then other offences. They do not fundamentally differ from the individuals who belong to the thief group, either as to the objects of theft and their value, or as to the method of committing their crime. Here, too, we have to do with individuals for whom thefts constitute their principal source of income. Sub-Group Two, 27 strong, is composed of the individuals who commit more offences of injury to the body, insulting policemen and similar offences commited out of so-called hooligan motives, than thefts. This group approaches the individuals discussed in point B. It is characteristic of them that 11 (out of a total of 15 recorded in our materials) of perpetrators of robbery are to be found in this group. In the material investigated by us robbery goes hand in hand almost exclusively with offences committed from hooligan motives. When we evaluate the general degree of social misfitting of 100 of the investigated we may state that as many as 82 per cent of them belong to the category of manifold recidivists, who, as a rule, work only, if at all, by fits and starts, and are in close connection with the criminal environment. Particularly bad in this respect was the case of 35 of the investigated. 2. In so far as the family environment of young adult recidivists is concerned, we meet with a large percentage (53 per cent) of half-orphans; out of that number in 39 cases it was the mother who took care of the person investigated, in 5 cases - the father, while in the remaining 9 cases there was a stepfather or stepmother. 79 of the fathers were workers (of which 34 unskilled ones), 16 – clerical workers, 5 had their own artisan workshops. The majority of the mothers also earned their living, as a rule, as unskilled workers. The extent of alcoholism in the families under investigation is very considerable: 38 of the fathers can be considered drunkards - for many years they have been systematically drinking, they get drunk several times a week, spend their wages on drink. In the remaining families 29 fathers drink, on the average, from twice to three times a week, while 32 drink only sporadically and do not get drunk. Taking into consideration the educational atmosphere of the home, as well as the state of care and control in the environment during the period of the minority of the persons investigated, it was established that in 58 families the whole set of educationally definitely harmful factors was present. 3. The data obtained during the investigation concerning the personality of young recidivists speak in favor of the view that the latter are characterized by features which prove their low psychical maturity, and, in particular, a domination of impulsive reactions, a considerable and uncontrollable thoughtlessness, acting in the wake of motives responsible for the desire to make the most of life, in the form of continual entertainments and adventures, and a desire to impose on one’s coevals. A striking thing here is a lack of planning, absence of reflections on their future life, as well as of any more serious considerations for work, which, with them, is not identified with the idea of any definite trade; there is also a failure to appreciate critically the effects of one's own behavior. As far as the level of intelligence is concerned, only 11 of the investigated showed signs of mental deficiency. There were 18 individuals of more than average intelligence. A psychological and psychopathological analysis of the investigated shows that 39 of those recidivists are to be included in the category of persons with personality disorders, who are usually described by the name of psychopaths. Yet it does not seem possible, on the basis of the investigation, to delimit the cases which could be diagnosed as psychopathic from such in which the normal development of the personality has suffered serious disturbances, mostly as a result of serious psychical shocks and psychical conflicts during their childhood. There can be no doubt, however, that the psychical qualities of the investigated cannot be squeezed within the framework of even a broad norm adopted, that their personality has pathological traits which exert an essential influence upon their behavior. In comparison with this most numerous group of 39 of the investigated, who are usually approached from the point of view of psychopathy, other pathological cases are not numerous in the material under investigation: with 6 of the investigated we have to do with encephalopathy after skull lesions, with 4 - with psychical changes after an 3 encephalitis, while 3 of the investigated suffer from epilepsy. In analyzing the abnormal personality traits with these 39 recidivists, the following re-occurring psychical qualities and reaction attitudes (incidentally mentioned in conversation by the investigated themselves) have been met with: a great irritability, lack of self-control, a tendency to provoke conflicts owing to an impulsive pattern of behavior, considerable difficulties in trying to subordinate oneself to various kinds of discipline, frequent states of depression and bad feeling, o tension and anxiety. It ought to be emphasized that out of 39 recidivists with serious personality disorders there were as many as 30 cases of very bad family environment in childhood. Besides, in all this material in which the family home so frequently assumes a negative outlook, it is noteworthy how many of young adult recidivists showed no emotional attachment whatsoever to their parents, including a large percentage of individuals of a very aggressive attitude. Among 47 young adults of a definitely aggressive attitude there were 30 lacking any emotional ties with the family home, and among the others there were only 10 free from an aggressive attitude. It is a significant thing that it is precisely with those of the investigated, revealing clear tendencies to aggression, over-impulsive, uncontrolled, that, in comparison with the other investigated, the various emotional conflicts appear much more conspicuously conflicts going back to childhood days, caused by an atmosphere in the family home (a feeling of loneliness due to the lack of manifestations of any tenderer feeling on the part of the mother, jealousy of a brother or sister, because the father liked them better, experiences of fear evoked by the brutality of a drunken father and an ambivalent attitude towards him, etc.) 4. As far as their mode of life was, concerned, only 16 of the investigated, who worked systematically, led a life similar to that of the generality of young people of the same age and of similar social environment. With the remaining ones we find a definitely negative attitude to work, while 32 of them worked very unsystematically, and 52 did but odd jobs or did not work at all. An overwhelming majority of the investigated spent most of their time strolling about the town, sitting in restaurants or nighthouses etc. Alcoholism reached big proportions with 56 of the investigated. They drink at least four or five times per week and frequently get drunk, while the majority of this group drink, and get drunk, every day. All the sons of alcohol addicts belong to this group. 27 of the investigated drink alcohol from once to three times per week, and it is only of 17 of them that it can be said that they either do not drink at all, or else drink only on rare occasions. 5. In our investigation, problems concerning the penalty and prison have been taken into consideration, first and foremost, under two of their aspects: whether or not, and if so, to what extent, the penalty of imprisonment does act, as a deterrent upon the persons investigated, according to their own opinion, and what influence a spell in prison had previously exerted upon them. Nearly all of them (70 answers have been obtained) believe that a penalty of imprisonment can act as a deterrent only on those who have not been in prison yet. Afterwards, that deterrent action ceases, since the prisoner comes to the conclusion that ,,you can get used to anything and bear any conditions". All the investigated also think that a spell in prison, so far from favouring their reformation, derailed them even further. Questioned whether after serving their present penalty they would go on committing criminal offences, 45 of the investigated answered indecisively, while admitting the possibility of their further committing offences, 15 declared bluntly that they would go on stealing, and a more 10 asserted that they would never again appear in the dock (their previous offences had, as a rule, to do with alcoholism). After the investigation was terminated, the further destinies of the 100 young adult recidivists who had been investigated were checked and it appeared. That 42 of them still served prison sentences, 29 had been released and remained at large, while another 29 had been once more arrested after their release for the commission of a new crime. Of the latter group, 17 remained free less than six months, 9 - from six months to one year, and only 3 for more than one year. It ought to be emphasized that out of the 29 investigated persons who were not arrested again after having been released from prison, 10 had been free for only about six months at the time of the last follow-up study. The results of the investigation bear witness to the fact that 80 per cent of young adult recidivists systematically commit criminal offences and belong to the category of the socially entirely depraved. The fundamental conclusion boils down to the following questions: The prophylaxis of young adults recidivism is closely connected with the problem of the recidivism of juvenile delinquents and with the problem of the earliest possible interception of the process of the juvenile's demoralization. With regard to recidivists aged from 17 to 20 the imprisonment penalty ought to be altogether eliminated and long-term educational-cum-correctional methods applied, similar to those used with older juveniles with a high minimum term (two years). Young adult recidivists ought to be submitted to detailed psychological and psychiatrical examination in order to find and apply the appropriate, individualized methods of re-education.
Źródło:
Archiwum Kryminologii; 1960, I; 165-214
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nieletni recydywiści
500 juvenile recidivists
Autorzy:
Kołakowska, Helena
Powiązania:
https://bibliotekanauki.pl/articles/699132.pdf
Data publikacji:
1960
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieletni recydywiści
badania
Zakład Kryminologii Państwowej Akademii Nauk
Warszawa
Łódź
Katowice
Kraków
przestępczość nieletnich
juvenile recidivists
research
Department of Criminology at the Institute of Legal Sciences of the Polish Academy of Science
Warsaw
Cracow
juvenile delinquency
Opis:
The research conducted by the Department of criminology of the Institute of Legal sciences has covered 240 juvenile recidivists in Warsaw, and 260 juvenile recidivists in Łodź, Katowice, Cracow and Białystok. In a total of 500 juvenile recidivists there were 463 boys and 37 girls. The age of the juveniles covered by the investigation was as follows: 116 recidivists were between 7 and 12 years of age, while 384 were between 13 and 16. The research carried out in Warsaw in the years 1954 to 1955 consisted in examining judicial records, in environment interviews, interviews at school, at the place of work, as well as in psychological and medical examinations. All the cases of recidivism, whether formal or actual, which came before the juvenile court, were included in the research. Follow-up studies, carried out several times, have made it possible to establish what were the further destinies of the juvenile recidivists after the lapse of some three years from the termination of the research. The research carried out in the four provincial juvenile courts was less detailed and did not comprise psychological or medical examination. Moreover, they could not be supplemented with follow-up studies. All the cases of juvenile recidivists which came before the juvenile courts in six months of the year 1954 were included in the research. The results of the follow-up studies in Warsaw are the following: It appeared that out of the 240 juvenile recidivists examined 116 continued to commit criminal offences within the following three years, 32 of them did not, to be sure, commit offences, but they could be considered as but partly reformed considering their unsettled way of life, their unsystematic work and the whole of their social attitude, while 54 had completely mended their ways. The remaining 38 examined persons could not be included into any of the preceding groups, since part of them still remained in correctional institutions and concerning the rest of them reliable data were lacking. Thus out of 202 juvenile recidivists in Warsaw the percentage of those who continued to commit offences within a three-year period after the termination of our research amounted to 57 per cent, and, over and above that, a further 16 per cent could not be considered as truly reformed. 1. Out of the 500 juveniles recidivists examined only 49 per cent have both parents living, 30 per cent are being brought up only under the care of solitary mothers, 16 per cent have a stepfather and mother, or else a stepmother and father, 3 per cent are brought up by a solitary father, and 2 per cent are orphans who remain under the care of relations. The percentage of factory workers among the fathers amounted to 65 per cent, 13 per cent of the fathers were unskilled manual workers, 10 per cent were clerical workers, 4 per cent were handicraftsmen, and 2 per cent farmers. 32.3 per cent of the mothers did not have any trade and had never worked, 30 per cent were employed as workers, 2s per cent worked manually as cleaners, laundresses, while 9 per cent were clerical workers. In the families where both parents are alive both father and mother worked in 52 per cent of the cases, and the father only - in 48 per cent. In the families where the mother is solitary, as many as 90 per cent of the mothers work. The material situation in the families investigated was described as bad in 47 per cent of the families, middling in 36 per cent and good - in 17 per cent. Taking into consideration both the social outlook of the families and an evaluation of the total of educational factors at work in the family home, four categories of families have been singled out: Family Group A, the most negative, where we have to do, first and foremost, with a particularly intense alcoholism of the fathers, a complete neglect of the home by the parents, bad relations between the parents, a delinquency of the father, a bad attitude towards the child, a lack of care for the child and control over it, and similar factors. These are family environments of the lowest moral level, in which the habitual drunkenness of the fathers has led to a decay of family life. Of such families there were 101, i.e. 20.2 per cent. Family Group B includes the families which also deserve a negative evaluation, but the intensity of negative factors in them is less than in the Group A families. The alcoholism of the fathers is also a typical factor here, only it assumes slightly lesser proportions, while the mothers show more care for their home. A lack of protection of the child, bad educational methods, bad material conditions are present in these families too, just as they are in Group A. of such families there were 125, i.e. 25 per cent. Family Group C consists, first and foremost, of those families in which the children are usually brought up by a solitary mother (42.5 per cent of the cases), who cannot cope with all her duties, and in which the children are deprived of proper care and control. Moreover, in those families where there is a stepfather or stepmother, a very bad attitude to the child and very faulty educational methods have been found to exist. Of such families there were 162, i.e. 32.4 per cent. Family Group D is composed of the families described as ,,good home environment", in which investigators have failed to find any factors negative in the educational sense. Both the moral level of the parents, their mutual relations and the care of the child were beyond any obvious criticism. Of such families there were only 112, i.e. 22.4 per cent. It ought to be stressed, however, that on the basis of the investigation which has been carried out it was not possible to establish properly either the whole of the complicated factors which go to form the educational atmosphere of the home, or fully to elucidate the father's and mother's emotional attitude to their child. It is, therefore, probable, that a detailed analysis of such good family environments (Group D) could yet bring to light the sources of such psychical experiences and emotional conflicts with the children under investigation, as did influence them, causing character deviations. In analyzing how, apart from the delinquency factor, data concerning the degree of demoralization of the five hundred juvenile recidivists investigated looked in the several family groups, and making use of such factors only as the degree of neglecting school work, the amount of playing truant from school, the number of flights from home, strolling about the streets in the company of demoralized schoolmates, etc., on the basis of the Chi-square test a significant relationship has been stated to exist between the type of family environment and the intensity of the demoralization of the juveniles investigated. What is noteworthy, besides, is the fact that among the brothers and sisters of the investigated there were the following percentages of children above 10 years of age, showing symptoms of very serious demoralization: in Group A families - 90 per cent, in Group B families - 32 per cent, in Group C families - 30 per cent, and in Group D families - only 8 per cent. The data concerning the further destinies of 202 Warsaw juvenile recidivists after a lapse of three years also testify to the fact that there exists a significant relationship between the type of family environment and the recidivism or else improvement of the investigated in the future. Of the juveniles seriously demoralized and continuing to steal systematically only 15.2 per cent came from Group D homes, i.e. those with a good reputation, while among the juveniles who had completely mended their ways a mere 7.4 per cent came from the worst family environments (Group A). Among the investigated brought up in those worst family environments as many as 68.5 per cent continued to steal systematically after a lapse of three years, while among the investigated who belonged to Group D families only 26.6 per cent continued to show recidivism on a large scale. 2. On the basis of the results of psychological and psychiatric examination it can be stated that 42 per cent of the Warsaw juvenile recidivists exhibited various pathological traits, while among those of the investigated who later on proved unreformed the percentage of juveniles with pathological traits amounted to 53.4 per cent, among the partly reformed - to 40.6 per cent, and among the entirely reformed - to 18.5 per cent. The percentage of children with psychopahatic traits and of children with symptoms of neurosis together constituted 22 per cent of the total of those examined in Warsaw (42 cases). Of children with symptoms of a post-traumatic state there were 16, of sufferers from epilepsia - 7, with post-encephalitic disorders - 3. Mental deficiency (feeblemindedness) has been stated in g per cent of the cases. Even though the majority of the recidivists who continued to commit criminal offences in the period of the next three years exhibited pathological traits, yet 47 per cent of the recidivists, with whom no such traits were found, also committed offences. On the other hand, among the entirely reformed there were 18.5 per cent of such recidivists who also exhibited pathological traits. Although on the basis of the Chi-square test we find a significant relationship to exist between pathological traits and the lack or the presence of moral improvement, yet we ought not to forget the dependence between other factors and the lack of improvement, which has been established in the course of tests. 3. All the 500 juvenile recidivists examined committed thefts, even those few (16 per cent) who were tried for various other offences, also committed thefts. Barely 8 per cent of the boys examined committed thefts individually, while a typical phenomenon are thefts committed by them in a group of juvenile accomplices. 68 per cent of the investigated acted in gangs of three or more. 43 per cent of the juvenile recidivists (boys) began to steal between the 7th and the 10th  year of their lives, and 28 per cent between the 11th and 12th. There exists a significant relationship between the early starting of delinquent activities and recidivism later on. Out of the investigated with whom the first thefts took place between the 7th and the 10th year of their lives as many as 72.5 per cent continued to steal during the period of follow-up studies, while only 11.4 per cent reformed. Similarly, those recidivists who had begun stealing at the age of from 11 to 12 continued to steal systematically in 68.4 per cent of the cases. On the other hand, such recidivists with whom the first thefts took place only at the. age of 13 or 14, or even of 15or 16, later on figured in the entirely reformed groups in 44 per cent and 52 per cent respectively. There also exists a significant association between the length of the period of committing thefts and the further destinies of the investigated. Those juvenile recidivists who had previously been stealing for from 3 to 4 years and from 5 to 9 years, later on figured in the ,,unreformed" group to the amount of 69 per cent and 63.5 per cent respectively. On the other hand, those juveniles with whom the period of committing thefts did not exceed two years formed almost equal percentages in the unreformed groups (52 per cent and 48 per cent respectively). The results of the investigation seem to speak in favor of the view that the younger the age of the juvenile delinquent, and the longer the period of his criminal activities, the bigger the probability that he will continue to commit thefts for at least several years to come. Moreover, those juvenile offenders who had started stealing at the age of from 7 to 10 years continued to steal then systematically in 85 per cent of the cases, while those juveniles who had started stealing only after completing their 13th or 14th year of age, later on stole only sporadically, at least in an overwhelming majority of the cases. Moreover, there exists a significant relationship between the systematic character of committing thefts and the lack of improvement later on. Out of the juvenile recidivists who stole ,systematically only 14 per cent were found, after the lapse of three years, in the entirely reformed group, while among those who stole only sporadically the percentage amounted to as many as 47 per cent. 4. The majority of the juvenile recidivists stole, first and foremost, money, and, apart from money, food articles and single articles of clothing. OnIy 11 per cent of the investigated went in for stealing objects of greater value, such as watches, bicycles, etc. A typical theft concerned but a small number of objects and the damage thereby caused was, as a rule, negligible. The place where thefts are most frequently perpetrated are shops and kiosks, and only after them - the family home and the school. Depending on the age of the investigated and on various lengths of the periods during which they committed offences there are, of course, differences, both as to the objects of theft and as to the places where the latter were committed. The thefts committed by the 37 recidivist girls investigated differed from the thefts committed by the boys. The girls stole almost exclusively money and articles of clothing, and it was only in exceptional cases that they committed thefts in shops. Girls began stealing a great deal later in Iife than the boys, and, as a rule, stole alone, without partners. The last chapter of the contribution discusses critically the practice of juvenile courts 'concerning the fight against the recidivism of juvenile offenders and the activities of the probation officers and correctional institutions.
Źródło:
Archiwum Kryminologii; 1960, I; 55-112
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Młodociani i młodzi recydywiści w świetle badań kryminologicznych część pierwsza
Young recidivists (aged 17-25 years) in the light of criminological research part I
Autorzy:
Batawia, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/699269.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
młodociany
recydywista
criminology
young
recidivist
Opis:
This work deals with the results of research carried out by Department of Criminology of the Polish Academy of Sciences concerning young male recidivists aged 17-25 who had been repeatedly convicted. The fundamental material consists of:100 young adult recidivists (aged about 20 on on the average) investigated in prisons in the years 1957/58. Follow-up studies comprise the period of 7-8 years; the average age of those investigated amounted recently to 23; 6 years.100 recidivists, aged 21-25, investigated in prison (their average age being 23 years and 6 months), 60 of whom were subjected to detailed investigations in the years 1961/62. Follow-up studies comprised the period of 3 years; the average of the investigated amounted recently to 26;8 years.The additional material incrudes results of the follow-up studies concerning 331 juvenile recidivists, investigated in various periods of time as of 1957: 1. 158 former juvenile recidivists (cases taken from the Juvenile Court) whose average age is now about 24; 82 of them still continue to commit offences, 2. 81 of former juvenile recidivists discharged from educational and correctional institutions, whose average age now amounts to 31; 50 of them still continue to commit offences, 3. Formerly irrvestigated 92 juveniles and young adults guilty of hooligan misdemeanours whose average age is now about 28; 52 of them still continue to commit offences. Moreover, while dealing with certain questions, results of the research concerning 1,394 juvenile recidivists, a part of whom has recently become young adult recidivists, were also utilized.The above material was chosen for the research in such a way as to satisfy the needs of representativeness.The task facing the investigators at the outset of the research in prisons with regard to young adult recidivists aged 17-20 in 1957 was the verification of the following hypotheses: such recidivists derive as a rule from among individuals who alreardy in their childhood displayed symptoms of social maladjustment and repeatedly committed thefts during their minority. Prisoners aged 17-20, domiciled in Warsaw or its environs, convicted for at least the second time after the completion of 17 years of age and imprisoned for the second time at least, were successively chosen for the research in prison without any selection whatever. After a check in Juvenile Courts it appeared that 90 out of 100 young adult recidivists were tried by Juvenile Courts (for thefts as a rule); on the basis of the information given by their mothers and themselves it has been ascertained that merely 9 out of the remaining 20 did not as juveniles commit thefts repeatedly. Only 9 % of the investigated recidivists did not display any symptoms of serious maladjustment in their childhood.In connection with these results of the research, in 1961 investigations of recidivists aged 21-25 were initiated in the Warsaw prisons. Recidivists of that age who were convicted at least twice and imprisoned for at least the third time were qualified for this research, the purpose of which was to find out a) whether also among recidlvists older than the previously investigated recidivists of 17-20 there are as a rule individuals who began to commit offences as juveniles (under 17), b) and to reveal, in cases when delinquency and recidivism begin at after the completion of 17-18 years of age, the factors influencing the subsequent beginning of the process of social degradation.In course of one year, there were in two Warsaw prisons 259 recidivists aged 21-25, convicted at least twice and imprisoned for at least the third time. After a check in the Juvenile Courts it appeared that 153 of them (59 %) were formerly tried by the Juvenile Courts. Since they constituted an analoguous population in relation to the previously investigated 100 recidivists aged 17-20, they were not included in the research. No information could be obtained at Juvenile Courts with regard to the remaining 106 recidivists aged 21-25 as to their committing offences before the completion of 17 years of age. In course of detailed investigations of 60 out of 106 recidivists, it has been asserted on the basis of interviews held with them and their nearest relations, that 27 % of these recidivists repeatedly committed thefts already in their childhood. Thus, when these results were calculated in relation to the entire population (259) of 21-25 years old recidivists, it appeared that individuals whose delinquency began in their childhood (minority) constitute 70 % of the total. Recidivists who began committing offences after the completion of 17 years of age constitute only 30 % of the total.Below are presented the data relating to the deliquency of 100 recidivists aged 21-25, supplemented by follow-up studies in course of a three years period (their age already amounted to 24-28 years).Among recidivists aged 21-25, only 44 % were tried 3 times after the completion of 17 years of age, and 35 % were tried 5 times and more. After a lapse of 3 years merely 20 % of recidivists three times tried were left while already 58 % of recidivists were tried 5 times and more 24 % were tried 7 times and more).The average length of time spent on liberty between particular arrests in connection with instituting of new judiciai proceedings, was as follows: it did not exceed 6 months for 26 % of recidivists, it amounted to 7-12 months for 37 %, 13-18 months for 19 % and did not exceed one year and a half for merely 18 % of recidivists.63 % of recidivists remained on liberty between subsequent arrests at most one year on the average and 82 % less than year and a half. The age at which first judicial proceedings were instituted against recidivists after their completion of 17 years of age was as folows: 17-18 years for 57 % of recidivists, 19 years for 13%, 21-22 years for 10 % and 23-24 years for 2 % of recidivists. During detailed investigations of 60 recidivists it appeared that they could be divided into two groups: Group A (34) consists of individuals, who were first tried at courts aiready at the age of 17-18 and probably committed offences before. These recidivists are seriously socialIy degraded and at leasts 40% of them are closely connected with the criminal environment, 56 % perpetrated robberies. 62 % were tried six times and more at the age of 24-28 years. Group B (26) consists of individuals of whom 69 % were first tried at courts only at the age of 20 and over and only 39 % were tried six times and more. They are less socially degraded, their deliquency being closely connected with alcoholism. An analysis of deliquency of the seriously socially degraded recidivists from Group A permits to assert that offences against property constitute 55 % of all the offences for which they were convicted, while offences committed under the influence of alcohol - against authorities (mostly insults and attacks on the policemen) and against person (infringement of bodily inviolability, assaults occasioning actual bodily harm) constituted 27 % of the offences committed. Theft (burglary or larceny), the typical offence against property, constitutes 70 % of all offences against property. A relatively large numer of offences against authoritiers, mostly against the policemen and against the person, committed under the influence of alcohol, indicates at once that frequent abuse of alcohol must also play an important role in the delinquency of the Group A recidivists, especially as practically all their robberies were committed in the state of drunkenness.Detailed investigations have shown that 80 % of these recidivists already drank alcoholic beverages several times a week before the completion of 18 years of age and now as many as 56% display symptoms of alcohol addiction although their average age is only 26;6 years. The delinquency of the less demoralized Group B differs from that of the Group A. The percentage of offences against property is only 28 %, most of the offences were committed under the influence of alcohol and offences against the person amount to 18 %. At the time of the research that group did not contain individuals connected with criminal environment or with professional criminals and the thefts they committed were not serious. Ten out of 26 recidivists did not commit offences against property at all. The percentage of alcoholics in that group is as high as 61,5 %; all the others drink large quantities of alcohol several times a week. A group of recidivists, similar to Group B now under review, appears also among the previously investigated 100 recidivists aged 17-20. After a lapse of 8 years, recidivists of that group whose offences against authorities, infringement of bodily inviolability and assaults occasioning actual bodily harm perpetrated under the influence of alcohol, amount to three fourths of all the offences committed, constitute 21 %. Likewise, among the formerly investigated 158 juvenile recidivists now aged about 24, the seriously socially degraded recidivists, who for the most part commit offences against property (analogously to Group A) constitute 42 % and recidivists committing offences mostly connected with abuse of alcohol (similarly to Group B) 25 %.Similar populations of recidivists also appear in other follow-up studies among the other formerly investigated juvenile recidivists. In each of these populations there exists at present a group (less numerous) of adult recidivists whose typical offences are not thefts but offences against authorities and against the person.In connection with the intensified alcoholisrn of the investigated recidivists it should be remembered that these recidivists cannot be identified with the typical aicoholics who commit offences. Apart from the fact that not all alcoholics commit offences, indiviluals who where not tried at courts under thirty years of age can usually be encountered among the convicted alcoholics. The period of time from the beginning of a frequent abuse of alcohoI to the appearance of the first symptoms of the alcohol addiction usually lasts 5-7 years and before the syndrom, characteristic for chronic alcoholisrn becomes manifest a few more years elapse. Delinquency of the alcoholics usually becomes a secondary, late phenomenon, connected with personality deviations and difficult living conditions resulting from a long period of systematic drinking.The delinquency of the alcoholics is besides less intensified and less serious. Therefore, recidivists who became alcoholics only after a lapse of a certain period of time, should be regarded from different points of view than those alcoholics whose delinquency made its appearance considerably later.All investigated recidivists (except 9) aged 17-20 began to commit thefts already at school-age, most of them under 13 years of age and only 30 % of recidivists aged 21-25 were tried at courts for the first time at the age of 20 and over. Thus, the beginning of delinquency and recidivism occurs in most last cases only at the initial stage of a systematic abuse of alcohol which cannot be identified with alcohol addiction.Nevertheless at the time of the research already 53 % of the investigated recidivists were alcohol addicts despite their youth, a fact which ought to be considered in connection with the early beginning of the abuse of alcohol by an overwhelming majority of persons investigated. A large percentage of alcoholics among the younger recidivists also indicates, that the question of personality disorders reveals itself as a problem deserving particular consideration.This work deals in the first place with the question whether the investigated recidivists displayed any symptoms of social maladjustment at their school-time and whether they constitute an analogous population to that of juvenile recidivists who according to other investigations conducted Department of Criminology show tendencies for reiterated perpetration of offences also after the completion of 18-20 years of age.As is well known, a part of juvenile delinquents cease to commit offences in their later years. The question what sort of juvenile delinquents stops committing offences and can be considered resocialized and what still continues to commit them at the age of 20-25, is important from the viewpoint of the problems of recidivism.It has been asserted with regard to 185 juvenile recidivists after a lapse of ten years when their average age was 23;9, that at least 32 % of them were seriously degraded and continued to commit offences frequently. (The percentage of former juvenile recidivists, considered fully resocialized, was only 33 % after 10 years). Among 81 juvenile recidivists discharged from correctional and educational institutions 44 % continued to commit offences after a Iapse of 13 years, (their avelage age already being 31). Regarding another investigated population of 92 juvenile and young adult perpetrators of the so-called misdemeanours of a hooligan character who often abused of alcohol, it has been asserted after the lapse of 11 years when they were already 28 years old, that 56 % of them still continued to commit offences. An analysis of the results of those investigations revealed, that juvenile recidivists who did not cease committing offences after the completion of twenty old years of age, displayed important symptoms of social maladjustment since their childhood and began to commit offences at an earlier stage than those juvenile recidivists who later reformed. Non-attendance at school, truancy, considerable retardation in learning, spending their time with demoralized companions, alcohol drinking etc. were particulary intensified as regards those juveniles who continued to commit offences after 20 years of age. The investigated young adult recidivists (aged 17-20) and the most degraded recidivists of 21-25 (Group A) constitute a population analogous to those population which are encountered among the formerly investigated juvenile recidivists who did not cease to commit offences. Out of 100 recidivists aged 17-20, 58 % attained only 6 grades at school (a half of them ceased to attend school at the age of 11-13), 77 % played truants systematically (practically all of them have done so already in the first years at school), 58% ran away repeatedly from home (three fourths of them started running away before they were 12) and as many as 61 % drank alcohol more often than once a week before the completion of 17 years of age. Only 13 out of 100 recidivists who later ceased to commit offences did not display serious symptoms of social maladjustment at school.Among the seriously socially degraded recidivists of 21-25 (Group A) only 35 % finished elementary school while most of them stopped attending school after 5 grades. Truancy, repetition of grades, early contacts with demoralized boys, often older than themselves being absent from their home for many hours every day, drinking alcohol etc. are typical phenomena. Dislike for all work, quick abandoning of work, frequent changes of employment follow at a later period. None of them ever worked systematically; some of them soon contrived to establish contacts with the criminal environment. Practically all of those recidivists have already first tried at courts art the age of 17-18. Recidivists whose delinquency began at a later tirne (Group B) and a part of whom did not commit offences against property, differ from the former. At the time of the investigations, that group did not include any systematically stealing individuals involved in the criminal background or such who had never worked for their living. It appeared, however, that these less demoralized recidivists who have been drinking alcohol for a long tirne now and among whom, despite their youth, there were 61,5 % of alcoholics, displayed in their chirldhood symptoms of social maladjustment similar to those shown by the more socially degraded recidivists of Group A. These symptoms were more definite regarding those who later committed thefts than those recidivists-alcoholics who did not commit ofences against property (there were but ten of the latter, however). Besides, the former had a more negative attitude to work already in their early youth, although in Group B only 3 recidivists have worked rather systernatically. Typical for ałl the rest was occasionaI work and frequent changes of employment. As is seen from the above, practically all investigated recidivists aged 17-20 and 21-25 already in their childhood displayed symptoms of social maladjustement, which shourd be considered in connection with certain personality disorders. 6. Another question dealt with in Part I of this work is the problem of family environments from which derive the recidivists aged 17-20 and 21-25. It is fitting to mention that after the end of the war in 1945 their average age was 7-8 and 6-7 years; thus, the early childhood of these recidivists coincides with the time of war and occupation. Only 45 % of recidivists aged 17-20 and 51,7 % of recidivists aged 21-25 were brought up families in which were both parents. 32% of the former lost their father when they were under 7 years of age and 16 % under 15 while the figures for the latter are 22 % and 18% respectively. 40 % of young adult recidivists and about 50 % of recidivists aged 21-25 had alcoholic fathers, step-fathers or mothers men-friends living with them. Family environments were classified as negative in 62 % and 70 % with regard to both investigated populations; recidivists more degraded derived from worse family environments than those less antisocial. In connection with the above results of the research this work provides data relating to family environments of the formerly investigated juvenile delinquents of whom a part was born during the war or just before its outbreak (596 cases) and a part after its termination (758 cases). A confrontation of the data relating to family environments of those two populations permits to determine the existence and nature of differences in family environments of recidivists born in these two different periods of time. Following conclusions can be drawn from an analysis of the results of this research: Juvenile recidivists born during the war or just before the war were brought up in the broken families in a larger percentage (51 %, 52 % and 70 %) than juvenile recidivists born after its termination (39% and 34 %). The negative home environment appears, however, in the similar percentage regarding both the former (45 %, 40 % and60 %) and the latter (44 % and 58 %); homes of good educational atmosphere are scarce and do not exceed 19 % - 22 %. Data relating to alcoholism in homes are formed in much the sarne way (55 %, 54 %, 51 % - 58 % and 53 %). Results of investigations of 158 juveniles committing thefts (recidivists constitute 71 %) most of whom were born already several years after the war deserve special consideration. That research covered all juveniles tried for thefts in course of one year at one of the Juvenile Courts in Warsaw. 58 % of the investigated juveniles derived from homes classified as negative family environments (only 20 % of homes deserved a positive appraisal). A statisticaily significant relationship between recidivism and the negative home environment was ascertained at the same time. The same significant relationship between the negative home environment and a further recidivism, estimated on the basis of follow-up studies covering a period of 10 years, applies to another research comprising 158 juvenile recidivists.Thus the abnormal family structure and highly unfavourable home conditions under which the childhood of most of the investigated recidivists aged 17-20 and 21-25 was spent, are typical also for the investigated populations of juvenile recidivists displaying tendencies for further recidivism. Next volume of the "Archives" deals with the problem of personality of the investigated recidivists and with certain questions connected with the erroneous penal and penitentiary policy which is contributing to the process of their social degradation.
Źródło:
Archiwum Kryminologii; 1965, III; 9-95
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nasilenie przestępczości młodocianych i dorosłych w latach 1958-1962 na podstawie statystyki sądowej
The extent of young adult and adult delinquency in poland in the years 1958-1962 on the basis of judicial statistics
Autorzy:
Jasiński, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/699324.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
przestępczość
młodociany
dorosły
criminology
deliquency
young
adult
Opis:
In the years 1958-1962 a certain slight increase of adult delinquency (until 1960) and later its slight decline has become apparent. This is affirmed by police statistics (relating to the number of crimes registered and revealed by the police), by the data of the  Public Prosecutor's Office (containing information on reported crimes) and by the data of Law Courts (containing the number of convictions). In the years 1958-1962 the yearly number of convictions amounted to about 300 thous. This constitutes an increase of about 70 per cent as compared with the level of 1951 which however was due partly to an enlargement of the competence of Iaw courts. The frequency of convictions of adults measured by the delinquency coefficient (calculated per thousand of criminally liable persons i.e. persons over 17 years of age) amounted to a level of 17,2 in 1960 i.e. 62 per cent higher than in 1951. In 1962 that frequency was expressed by the coefficient 15.5 which indicated an average of 1 conviction on 65 criminally liable persons. Among the total of persons convicted by the Courts of Law juveniles under 17 years of age formed only a very small group (5-9 per cent), nevertheless, together with the young adults (17-20 years of age) they already constituted about 20 per cent of all the convicted. Persons under 30 (practicalły those aged 10-29) constituted half of the total of juveniles found guilty and convicted adults. Poland, together with Yugoslavia and Hungary, seems to belong to that group of countries where against the background of adult delinquency the juvenile and young adult delinquency does not, according to statistics relating to convictions, present a particularly serious problem.  In a series of countries, persons under 20-21 years of age constituted more than a half of revealed offenders (e.g. England and Wales, Canada) and in some of them even two thirds of the total (Ireland, Norway, Sweden). Delinquency coefficients denoting frequency of convictions indicate that its degree was highest among the young adults (i.e. those aged 17-20) and adults aged 21-24 and 25-29. In 1962 approximately every 41 person in each of these age groups was convicted. A small increase of the frequency of convictions which occurred in 1958-1960 was most strongly reflected by the convicted of precisely those age groups. Its subsequent decline was there the least noticeable. Out of the total of 300 thous. persons convicted in 1962 about 245 thous. were men and about 55 thous. women. The number of convicted women in relation to 100 convicted men was continually diminishing (though not without certain oscillattions): it was 35 in 1951 and only 22 in 1962. Poland together with Yugoslavia and Hungary, also with Belgium, belongs to the countries with a high percentage of women among the convicted adults (about 20 per cent of the total). In most countries it is much lower and does not even reach 10 per cent (e.g. Norway, Finland, Sweden, Canada, France). The frequency of convictions of men was expressed by the coefficient 29.2 in 1960, which indicates a 70 per cent increase as compared with 1951. It was merely 9 per cent lower than in 1937 (the coefficient was then 31.5). In 1962 the delinquency coefficient for men amounted to 27.0. In that year there was on the average one conviction on 36 criminally liable men. The frequency of convictions of women was expressed by the coefficient 5.3 in 1962 which indicates a mere 2 per cent increase as compared with 1951. In the years 1958-1959 that degree of frequency was however much higher. The coefficient has then reached the level of 6.9 and was even higher than in 1937 when it amounted to 6.6. Among the total of men convicted by the law courts the juveniles constituted 6-10 per cent and together with young adults 20-22 per cent in the years 1958-1962. The percentage of women among the convicted bareIy amounted to 2-4 per cent and 12-13 per cent. Half of the convicted men was somewhat under thirty and half of the women under thirty five years of age. Among the convicted men hardly every tenth man was fifty years old or over. Among the convicted women every sixth one was of that age. The relation between the number of convicted men and women differed in particular age groups: in 1962 there were 15 women to 100 convicted men aged 17-20, 17 to 100 aged 25-29 years, 27 to 100 aged 35-39, 32 to 100 aged 45--49 and 48 to 100 aged 60 and over. Frequency of convictions of juveniles and young men reached a very high level in the course of the period under investigation. In the years 1960-1962 one out of every 23 men aged 17-29 was convicted. Delinquency coefficients for men in older age groups (over 30 years of age) were rapidly diminishing; the value of the coefficients for men aged 35-39 equalled two thirds of the value of the coefficienits for the 17-20 age group, about a half for the 45-49, about one third for the 50-59 and about one eighth for the age group of sixty and over. The highest frequency of convictions of women occurred among those aged 21-24. It was higher among women of 40 or even 45 than among those aged 17-20. The decline in the frequency of convictions of women over 50 was relatively twice lower than that of men. In a series of European countries various groups of juvenile and not adult offenders have the highest delinquency coefficient, as for example in England and Wales, Norway and Sweden. In other countries, among which beside Poland and Hungary also German Federal Republic and Switzerland should be counted, the maximum degree of frequency of convictions concerns various age groups of adults in the young groups of age. Analysing frequency of convictions occurring in various areas of the country one can theoretically use two kinds of coefficients: calculated according to the place of crime perpetrated by the convicted person, and according to the place of residenoe of the convicted person. Differences, existing between estimates of frequency of delinquency based on these coefficients present themselves as follows: they are of no particular importance when all-country data are examined, they are of some slight importance in case of particular voivodships, of greater importance when frequency of convictions in town and oountry is being defined and of prirnary importance at estimating that frequency of convictions in town and country in particular voivodships and in most of the 22 largest towns in Poland. Coefficients, based on the data relating to the place of crime, indicated in many voivodships larger differences in the degree of frequency of convictions in town and country than the coefficients based on the data relating to the domicile of the convicted persons. Although the town becomes the place of crime much more often than the countryside, the difference between the "criminality" of the town and village dwellers is rather small.  The extent of differences between estimates of frequency of convictions in town and country in particular voivodships based on both those coefficients proved to be correlated with the extent of daily travels to and from work in these voivodships. Also analogous differences between estimates of frequency of convictions in the 22 largest towns in Poland were connected with extent of daily travels to work. In 1951 the delinquency coefficient for adults in the town (14.7) was 86 per cent higher than in the countryside (8.0). In 1962 the coefficient in the town (18.1) was already only 41 per cent higher than in the countryside (12.8). The general increase of the frequency of convictions which occurred in the last twelve years period was more influenced by its changes in the coutryside than in the town. In the years 1959-1962 one out of 30-32 men and one out of 115-149 women was convicted in town, while one out of 39-44 men and one out of 189-256 women was convicted in the country. In 1960 every twentieth man at the age of 17-20 was convicted in town. The frequency of convictions of 17-20 year olds definiteiy dominated over the frequency of convictions of other groups of adults only in the case of men in towns; as regards men in the countryside that preponderance was slight. In towns the frequency of convictions of women aged 17-20 was somewhat lower than of those aged 21-24 and in the country definitely lower than the frequency of convictions of all older women (even 45-49 years old). In 1960 the delinquency coefficient for men (29.2) was 4.4 times higher than the delinquency coefficient for women (6.6) and the differences in frequency of convicted men and women were smaller in town than in the country. Largest diffenences in the frequency of convictions of men and women were noted among those aged 17-20, convicted for offences committed in the country, and the smallest occurred among the oldest convicted who committed offences on the town. Differences in the frequency of convictions between town and country as well as between men and women, were smaller in western and northern territories than in the remaining areas of the country. Also the delinquency coefficients were higher in western and northern territories than in other areas. A proper analysis of factors determining differences in the frequency of convictions of adults in different areas is particularly complicated. It seems that putting forward and verifying the hypotheses which explain the constantly occurring differences in coefficients calculated for particular voivodships, ought to take place not in connection with an analysis of data relating to all convicted adults jointly but separately for those convicted for certain categories or groups of offences, separately for men and women and separately for different age groups. A relationship has been ascertained in the regional distribution of men and women delinquency, and that in all age groups; it was very strong regarding the relatively younger convicted (viz. higher, medium and lower degree of the frequency of convictions regarding both men and women appeared as a rule in the same voivodships). That relationship was weaker in the older groups. An analysis of the regional repartition of the frequency of convictions of men convicted in different age groups has shown that this repartition was most similar in case of persons belonging to the neighbouring age groups and diminished in those farther apart. As regards persons aged 60 and over this repartition somewhat differed from that encountered in other age groups. The same correlations even more strongly marked, applied also to women. Taking into consideration coefficients for the total of adults, it has been stated that in the years 1951, 1955, 1957 and 1960 a relatively higher degree of frequency of convictions continually appeared in western territories and in the Katowice voivodship (moreover, in Warsaw and Łódź). Also relationships between the regional differentiation of frequency of convictions and migration of the population have been established, their appearance being due both to the last war and its consequences as well as to the industrialization and urbanization of the country. The distribution of frequency of convictions (in particular voivodships) contains statistical tables concerning, among others, the structure of dela statistically significant similarity. Numerous statistical tables concerning questions briefly outlined in the sumrnary are included in the text of the author's work. The annex contains statistical tables concerning among others, the structure of deliquency and recidivism.
Źródło:
Archiwum Kryminologii; 1965, III; 283-365
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Prognoza recydywy u nieletnich przestępców oraz wyniki badań prognostycznych 180 recydywistów w wieku 15-16 lat
Prediction studies on juvenile recidivists
Autorzy:
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699316.pdf
Data publikacji:
1965
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
nieletni
przestępca
recydywista
criminology
recidivist
juvenile
delinquent
Opis:
Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Predictions of recidivism may be formulated solely in categories of probability. In predicting human behaviour it is impossible to take account and to control all factors that influence it. Causal relationships and the general laws that explain it are still largely unknown and generally the data available on the subject are incomplete. It is therefore necessary to expect that there may be disagreement between predicted and actual behaviour. Nonetheless, despite these reservations, individual predictions of recidivism of juvenile delinquents are to all practical purposes a constant factor in the decisions of the law courts. The essential problem therefore is not whether it is possible to make individual predictions, where there is always a chance of error, but how to arrive at predictions a large proportion of which will be correct. Literature in the field of criminology devoted to this subject distinguishes the statistical and clinical methodes of prediction. These two methods were studied by the Department of Criminology of the Polish Academy of Sciences. The object of the study was to investigate a number of questions that were raised by research conducted in other countries on the Department's own empirical material.Below are given the problems related to the subject of clinical predictions: 1. Since clinical predictions play an important role in present practice it was advisable to learn to what extent the predictions made in our study were correct as regards juvenile recidivism. 2. It was equally important to discover how a given prediction was justified, what factors are considered significant in predictions made in individual cases. 3. It was resolved to make a study of the subjective aspects of clinical predictions: whether persons who received the same education and professional training tend to make the same predictions regarding the same juveniles? Whether predictions made by different persons for two groups of juveniles will prove to be accurate in the same extent? Problems of statistical predictions were related to the following questions: 1. Whether the predictive factors established in the projects carried out in other countries have any bearing in the predictions relating to juvenile delinquents in Poland? 2. It was resolved that predictive factors found in one group would be incorporated into the experimental prediction table and used in making predictions for another group. It was further resolved to check-up on the correctness of the predictions. In constructing the experimental prediction table the goal was not to construct a table designed for practical use but on the basis of our own experiments to identify the problems that arise when using a prediction table. 3. Special importance was attached to a careful analysis of cases where the predictions made with the aid of the table were incorrect. The research planned according to these guidelines was conducted in two stages. In the first stage clinical predictions were made and experimental prediction table was constructed for a representative sample of 15 and 16 year old recidivists of Warsaw. In the second stage data was tested on a new sample of 15 and 16 year old recidivists and instances were analyzed where the statistical predictions proved incorrect. The initial research embraced 100 recidivists of 15 and 16 years of age out of 202 recidivists, of the entife population of juvenile recidivists who in 1954 came before the juvenile court of Warsaw on charges of larceny and who were embraced by earlier research on juvenile recidivism conducted by the Department of Criminology. The earlier research yielded data on the after-conduct of the recidivists studied that covered a span of three years. It was established that 51 per cent of them commited offences in the follow-up period. First of all the clinical predictions on the 100 recidivists were based on the findings of environmental as well as psychological and medical examinations and without knowledge of the findings of the follow-up studies. Two psychologists who had experience in criminological studies made predictions for each of the 100 recidivists. The psychologists were not in touch with each other and did not estabiish joint criteria beforehand. Good behaviour was predicted if it was assumed that the recidivist would not commit any offences in the future, bad predictions were made if the feeling was that he could commit offences and uncertain if no definite decision was reached. If the two psychologists differed in their predictions they would discuss the subject and try to arrive at a consensus. The predictions made in this manner shaped up as follows: 18 per cent were good, 57 per cent bad and 25 per cent uncertain. There was a significant statistical relationship between the predictions and the commission or non-commission of offences in the course of the next three years by the 100 recidivists studied that may be expressed by a level of significance of p < 0.001. The bad predictions were correct in 70 per cent of the cases, the good in 83 per cent. Thus an overwhelming proportion of the predictions was correct and the proportiorr of uncertain predictions (25 per cent) inconsiderable. The problem arises what part do subjective factors play in the clinical predictions made by two different persons? Two separate predictions regarding the same juvenile agreed in 70 per cent of the cases. Greater agreement was found in the bad predictions (77 per cent) than in the uncertain (60 per cent) and the good (61 per cent) predictions. Moreover, there were large differences in the reasons given for the predictions issued to the same individual. The two psychologists frequently listed different factors in arriving at the same decisions. A great many factors were listed as reasons for the predictions which, based on an analysis of data relating to the individual cases, seemed to bear significantly upon the predictions regarding the juveniles studied. Among those mentioned were envinonmental factors, personality traits, demonstration of antisocial behaviour and information about the offences committed. The next step in the first stage of the project focused on statistical predictions. A study was made of the relationship between 23 factors and the behaviour of the 100 recidivists of 15 and 16 years of age under study over a span of three years. Account was taken of factors which were found significant in the prediction of juvenile recidivism by the research conducted in other countries and of factors which were seemed significant to the problem in the study of juvenile recidivism in Poland. It was established that a significant statistical relationship existed between the following factors and the continued antisocial behaviour of the subjects under study: 1) early age (below 11) of the onset of symptoms of demoralization, 2) early age of onset of antisocial behaviour (below 13), 3) persistent stealing, 4) membership in a group of delinquents or keeping bad company, 5) personality disorders, 6) drinking, 7) running away from home, B) Iack of schooling or work. The findings indicate that the early age of the onset of antisocial behaviour and the far-gone demoralization of the juvenile are important factors in predicting recidivism. However, no relationship was found, and this seemed strange and called for explanation, between recidivism and any of the factors that characterized the family environment. This contrasted with the findings of the previous study that embraced all the juvenile recidivists between the ages of 8 and. 16. The oldest of these were included in the present study. In order to find an explanation for the disparity an additional study, one that was not initially planned, was made of the 28 factors and their relationship to recidivism that continued over a period of three years among the youngest of the recidivists studied at an earlier time in the Department of Criminology. Toward this end 68 of the youngest subjects between the ages of 8 and 13 were isolated from the whole population of recidivists ranging from 8 to 16 years of age. It was found that the following factors had a statistically significant relationship with continued recidivism in the younger age group: 1) alcoholism in the family, 2) the home atmosphere, 3) lack of supervision by parents, 4) systematic truancy, b) early age of first symptoms of demoralization, 6) early age of first offences, 7) membership in a delinquent group, B) personaiitv disorders. Consequently, a slighty different set of factors ought to be taken into account when making predictions for younger recidivists. Environmental factors of the home are far more significant in predictions for younger delinquents. In older delinquents it was totally immaterial whether they came from a good or a bad home environment as far as predictions were concerned. A good home which had failed to guard a child of up to 15 and 16 years of age from becoming a delinquent couId handły guard the child against recidivism. In younger delinquents a good lamily atmosphere, excellent supervision, absence of alcoholism all are positive predictive factors. Younger juveniles are still highly responsive to the influence of the home and careful supervision may guard them against further demoralization. Our research substantiated the thesis that research on the prediction of juvenile recidivism ought to be conducted separately for narrow and strictly defined age levels. The age of the subject at the time the prediction is made is an important factor that must be kept in view.
Źródło:
Archiwum Kryminologii; 1965, III; 121-281
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Profesor Stanisław Batawia
Professor Stanisław Batawia
Autorzy:
Ostrihanska, Zofia
Powiązania:
https://bibliotekanauki.pl/articles/699038.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
Stanisław Batawia
kryminologia
criminology
Stanislaw Batawia
Opis:
 The editor-in-chief of „Archiwum Kryminologii”, professor Stanisław Batawia, full member of the Polish Academy of Sciences, Professor of Warsaw University and of the Institute of State and Law of the Polish Academy of Sciences, died on April 21, 1980. His personality, publications and activities exerted great influence on criminology and the fight against crime in our country, and were of consequence in our attitudes towards different categories of people exhibiting deviant behavior, particularly offenders and alcoholics. Professor Batawia was born in 1898 in Łódź. He received the degree of Doctor of Medical Sciences in 1929, and the degree of Doctor of Law in 1931. From 1929 until the outbreak of the war in 1939 he worked at Warsaw University as senior assistant of the Department of Criminology. At the same time, he worked as a physician, first in the Nervous Diseases Clinic of Warsaw University, then on Psychiatric Ward of the Hospital of the Centre for Sanitary Training, and on the Children’s Neuropsychiatry Ward of the Institute for Mental Hygiene in Warsaw. He also worked as physician-psychologist in the Stefan Batory Grammar School in Warsaw. From 1935 he was an expert in forensic psychiatry. He took part in the military operations in 1939 as a doctor; during the German occupation of Poland, in the years 1940-44, he worked in a health service centre in a village near Warsaw. In August 1945 he was qualified as assistant professor in criminology on the basis of his thesis Niepoprawność przestępców w świetle badań nad bliźniętami kryminalnymi (Incorrigibility of Offenders in the Light of Studies of Delinquent Twins), which he had presented to the Board of the Faculty of Law, Warsaw University, as early as in 1939. In 1946 he was made associate professor at Lódź University where he was also the Head of the newly-organized Department of Criminology. At the same time he lectured on criminology and forensic psychiatry at Warsaw University. In 1949 he was transferred to the Department of Criminology of Warsaw University. In 1958 he received the degree of Professor. From 1953 he also conducted (apart from his activities at the University) criminological studies in the Department of Criminology of the Institute of Legal Sciences at the Polish Academy of Sciences. He was also closely connected with the Department and its works after his retirement in 1969, acting as consultant of its proceedings up until the last days of his life. In 1965 he was appointed correspondent member, and in 1969 full member of the Polish Academy of Sciences. Apart from his work in the field of criminology, Professor Batawia was also active in the field of psychiatry and studies on alcoholism. In the years 1951-54 he was national specialist of the Ministry of Health in the field of forensic psychiatry, and in the years 1954-62 a consultant of the Forensic Psychiatry Ward at the Psychoneurological Institute; he also collaborated with the Scientific Research Centre of Social Anti-alcoholism Committee from the beginning of its existence. He was a member of the Team of Specialists of the Permanent Commission of the Council of Ministers for Fighting Alcoholism. He participated as an expert in the work of Parliamentary Commissions on the Law against Alcoholism and the draft of the law on the prevention and combating of juvenile delinquency, and in other legislative works connected with the subject of criminology and psychiatry. The International Criminological Society appointed Stanisław Batawia its representative in Poland. He was also the Polish correspondent of the Committee in Prevention of Crime and the Treatment of Offenders of the United Nations Secretariate. The entire scientific activity of Professor Batawia was influenced by his medical and legal education. His research work was closely connected with his educational and medical practice, and also his extensive social work. Professor Batawia was the founder of Polish criminology. His ideas and methods exerted a great influence on the present shape of criminology in our country. He tended to practise empirical criminology where generalized statements were supported by profound evidence and hypotheses were always subject to empirical verification. He was of the opinion that the results of criminological research, enabling a thorough understanding of criminological problems in Poland, should be the basis for legislative work. He tried to make the range of empirical studies undertaken by the Department of Criminology broad enough to include systematic gathering of statistical data on crime in Poland, macrosocial determinants of crime, prediction studies, and sociological analyses of the ecology of crime. He himself, however, concentrated his interest mostly on the problems of clinical criminology, on the etiology of crime as seen in individual cases. He thus concentrated on individual case studies, on the problems of the careers, environment and biopsychic attributes of individual offenders and persons manifesting grave behavior disturbances. However, while tackling the problems from the, point of view of clinical criminology, he by no means lost .sight of their broad social background. He emphasized even in his pre-war works the importance of the fact that offenders were mainly recruited from the least priviledged social classes. In his book Wstęp do nauki o przestępcy (An Introduction to the Study of the Offender), he carried out a keen analysis of the process of demoralization of children from such classes. „The typical theft perpetrated by a poor child is the result of all the circumstances of his upbringing and of the environmental influences which affected him from his earliest days of childhood. The divergence between the status of a young manual worker and the living conditions of these socially priviledged, of which the poor child is acutely conscious, constitutes a serious factor in the etiology of juvenile delinquency. The children are also frequently led into delinquency by peers who have repeatedly managed to steal without being apprehended and who thanks to this can afford various entertainments. The youth learn how to acquire money by illegal means from newspapers and the cinema which show offenders with a great deal of tolerance, even sympathetically, and where the victims of criminal activities are often significantly morally inferior to the offenders (...). The fact of theft alone does not in the least indicate an antisocial attitude. Had the needs of the child been adequately understood at home, had the society enabled him to enjoy the values which is almost impossible to do without at a certain stage of development, we would not have witnessed a significant majority of the thefts committed by children (...). It is only in prison and in a typical corrective institution where the individual who has infringed certain rules of the law develops criminal attitudes through remaining in a criminal environment”. Professor Batawia declared himself against those criminologists who concentrated on sociological or psychological problems only, as this could lead to one-sided conclusions. Although he was a psychiatrist himself, he criticized the one-sidedness of research work caused before the war by the monopolization of criminological studies by psychiatrists. Criminology is an interdisciplinary science; what is therefore necessary is a comprehensive approach to the studies of crime and offenders. A research group engaged in such studies should include a lawyer as well as a sociologist, psychiatrist and psychologist; (this view is well illustrated by the choice of staff at the Department of Criminology, amongst which representatives of all the branches mentioned above are to be found). The notion of interdisciplinary character of criminology is also evident in the themes and concepts of Professor Batawia’s researches, in the methods applied by him, in the elaboration of the results and in the consequent conclusions which take into account the entire complexity of the problems discussed. In his book published in 1939, Professor Batawia severly criticised the one-sidedness of theoretical approach. He radically disposed of the arguments of the anthropological school in criminology. The book ended with, the following words: „The problem of chronic criminality can only be solved by means of social reform and reforms of criminal policy. Don’t let us make biology responsible for sociological phenomena”. He also stated before that crime was a social phenomenon par excellence, and thus an offender could not be considered apart from his social background. He expressed his „criticism towards the authors who wanted to reduce various attributes of an offender to the common denominator of pathology”. He particularly criticised the notion of psychopathy as vague and very unprecise, falsely identified in certain works with social harmfulness and asocial or antisocial behavior. At the same time he attached great importance to the problems of psychopathology, which allow to understand deviant behavior of offenders with personality disorders. He considered it necessary to take into account the psychiatric perspective to assume a proper attitude towards a number of essential criminological problems, in particular to that of recidivism. Professor Batawia considered it inappropriate to base criminological studies on very general concept of „offender”, which denotes different individuals „who were given the common name only because ' they had been united by the most general qualification of the Penal Code”. The offenders are by no means an homogenous category of persons whose behavior could be explained by one adequate theory. Criminology should seek etiological explanations concerning different categories of offenders. This principle was strictly observed in his studies. It resulted not only from his scientific experience and opinions, but also from his entire attitude towards man, in particular towards the offender: he assumed the need for an individual approach and treatment, for considering various individual problems of the examined persons, as those problems never repeated themselves „in the whole of their pattern in other cases, even in the most similar ones”. In clinical research, according to Professor Batawia, the problems under examinations should be approached genetically and not statically; one should go back in one’s studies, not confining oneself to the facts revealed during the investigation, „Only a genetic point of view can reveal a real face of an offender and show the actual background of thousand of common offences, committed most frequently by people whose life conditions have led them to crime and then connected them with it strongly, and who, offenders as they were, did not cease to be individuals similar to others from the same social environment”. The studies conducted by Professor Batawia tended not only to reveal the determinants of antisocial attitudes of the examined persons which had occured since their childhood. Also their subsequent social development and further fate were followed covering the period of many years (10 and more). Such longitudinal studies, introduced by Professor Batawia into Polish criminology, enabled the proper estimation of the persistence of criminal careers and of the efficiency of the measures taken against the offenders. The methodological attitude of Professor Batawia was characterized by great criticism. He himself formulated the conclusions of his studies with extreme caution, criticising severly inconsiderate generalizations in some criminological studies as well as improper methods employed in others. He was of the opinion that „when beginning an investigation, one should forget in a way that it is an offender who is to be examined, and try to study him quite apart from the delinquent act itself, and thus to prevent the crime from influencing one’s judgment”. He considered it wrong to restrict the studies to offenders in prisons and corrective institutions only (as it was often the case in the early criminological studies), and postulated the examination of an offender in his own natural environment; in the case of prisoners, he advised particular prudence in generalization of the results on other categories of offenders. In criminological research, Professor Batawia attached great importance to the method of obtaining information and to its critical appraisal. He pointed out the great - and often underestimated - importance of the reliability and validity of information from which the results are to be obtained. It is of particular importance in the case of information gathered through the interviews. Professor Batawia considered it advisable to verify the data as far as possible by the means of information obtained from various sources. The studies he conducted were never restricted to interviewing the offenders alone: also interviews with their families were carried on, as well as the use was made of data from their criminal records, from court and prison files, and, if necessary, opinions were obtained from schools and employers, as well as data from sobering-up stations and medical and psychological records. In the case of any discrepancies of information from various sources, it rested with the researcher to decide which to consider valid, as it was he who took care of the whole of the study and was in personal contact with the examined person. In criminological studies, according, to Professor Batawia, the data should be gathered by persons properly prepared to the task, that is those who know the problem to be investigated, have been instructed as to the actual study (that is, as to its object, methods and the notional apparatus), who have the easiness of coming into contact with the examined persons and of interviewing them. He himself gave an example of such skills, experience and infallible intuition which allow one to perceive the problems most vital for the given individual; he also gave an example of an attitude of kindness and confidence in man which induces even social outcasts and rebels to frank statements. The scientific worker who is to conduct an empirical research study in the field of criminology, should - according to Professor Batawia - not only be the author of the project of the study, its manager and organizer, but should also participate in it personally. It is only an active personal participation that lets one perceive the whole of the vital problems connected with the given issue. He himself acted in this way, taking part personally in the majority of the studies conducted by the Department of Criminology, going, sometimes in spite of his bad state of health, to juvenile delinquent institutions or to prisons and carrying on personally the psychiatric examination of offenders. Besides, personal participation, the contact with the person under observation, and interest in his problems were indispensable to the Professor himself, too, as his outlook on life was first of all that of a clinician. The research was for him never the collecting of scientific data alone: he induced in it the elements of psychotherapy and, if necessary, of actual assistance. One could learn a great deal assisting the psychiatric examination conducted by him. Personal participation in the study served still another purpose: that of training of scientific researchers in the field of criminology. The conception of training of scientific staff, as realized by Professor Batawia, assumed the teaching of methods of research through active participation in the study, through attendance to examinations carried out by the Professor himself, through group discussions on the results of individual investigations and on the theoretical problems related to them. In instructing his personnel, Professor Batawia was exacting, conscientious as to the reliability, precision and detailed recording of the data they gathered, as well as to the exact formulation of results. It was a hard school, and yet the students were always cheered up by the Professor’s great kindness towards them, his warm interest in their problems, and his readiness to assist them. Professor Batawia was connected with „Archiwum Kryminologii” in a singular way: as the editor, back in the pre-war period (since 1933) of „Archiwum Kryminologiczne”, a publication of the Department of Criminology of Warsaw University, and as the founder and editor-in-chief of „Archiwum Kryminologii” from the very beginning of its existence after the war (the first volume was published in 1960) until the present volume, appearing after his death, and yet prepared by him personally. Professor Batawia created the editorial of „Archiwum Kryminologii”, a publication to present the results of empirical studies initiated by the Department of Criminology. He also prompted the subject matter of works published in „Archiwum Kryminologii”. In the volumes published so far, the total of 41 works have been inserted. The subject matter of the research studies conducted by Professor Batawia was broad. It included the problems of juvenile and young adult delinquency as well as that of socially maladjusted children. It also included the problem of recidivism which had not been previously much studied in Poland, the problem of mentally abnormal offenders and the question of alcoholism, as well as the phenomenon of hooligan offences which is closely related to that of alcoholism. Professor Batawia dealt also with drug addiction and toxicomania among the youth, and with the problems of forensic-psychiatric expertise. In the years 1946-48 he examined in prisons the German war criminals convicted in Poland for crimes committed during the Nazi occupation, among them he examined Rudolf Hoess, the commandant of the concentration camp in Auschwitz. The results of these studies supplied sociological and psychological material of great importance, which enabled to understand how a socially harmless individual became one of the major war criminals under the influence of historical events, social environment and the ideology of national socialism. The discussed results are an important document, a serious warning against the dangers of the Fascist ideology. Until 1951 Professor Batawia was member of the Praesidium of the Main Commission for Studies of Nazi Crimes in Poland and the editor of 7 volumes of „Bulletin” published by the Commission, which contained records on the crimes committed by the Nazi occupants. Many of his studies - both conducted before and after the war - were devoted to social maladjustment and delinquency of juveniles, which is a serious social problem, playing often an important part in the genesis of adult delinquency and recidivism. The social destructiveness of juvenile delinquency does not lie in the damage caused by the offences commited by the juveniles but in their social maladjustment and demoralization often accompanying their offences. A lot of children steal because their various needs have not been satisfied. When considering their thefts, one should also take into account the phase of their mental development. As it is the case with many juveniles brought before the court, they are in the period of puberty when the child’s mental balance is upset, and the lack of experience and critical judgement accompanied by openness to various influences, exuberance of impulses and birth of new needs can together - in a particular complex of social relations - contribute to the child’s committing of an offence. It is the period of entering new wider social circles: peer groups, school and even professional circles, the period of confrontation of the hitherto existing outlook on life with what one sees around. It is thus the period of arising conflicts which are usually met without understanding by the closest environment. All of this points to the importance of the keen analysis of the situation and features of a juvenile delinquent and of the educational and not penal character of the measures adopted towards him. „One must not attach any particular importance to the mere fact of occasional theft committed by a child (...). The essential problem is if and how is that theft accompanied by other symptoms of disorders in the entire behavior of that juvenile”. Those disturbances in the whole of the juvenile’s behavior (also defined as social maladjustment) require as early as possible a social interference of a protective, educational and also - if necessary – therapeutical nature. The need for early interference in the case of the category of socially deprived children, and also in the case of children brought up in the conditions which endanger their normal development, was an important conclusion of the studies of juvenile delinquency conducted by Professor Batawia. The studies pointed to the fact that juvenile delinquents were frequently brought up in socially deprived families, and that the process of their demoralization, going on for a long time before the action in court, had not met with any sensible counteraction. Particularly grave is the problem of delinquency of younger juveniles, as it has repercussions on recidivism, and as such calls for a keen investigation. In the prevention of the process of demoralization, the school should play an important role, with the methods of work so modified that „the care of this category of children were regarded not only as a particular duty, but also as a matter of special social importance”. The school should co-operate in this field with the sufficiently extended net of psychological and educational centres which would make inquiries into the conditions of life and the personality of the child before the proper measures were adopted towards it. It is also essential to organize a large enough number of part-time boarding; schools.  In the discussion on the draft of the act on fighting juvenile delinquency which was to supplement the regulations of the new Penal Code, Professor Batawia took a strong line in the question: since in our conditions juvenile courts should be the authorities having jurisdiction over juvenile delinquents, they would be protective and educational of character, and they had already gained a large output and a qualified staff in our country. He argued that the matters of so important social effects must not be transferred to social commissions, institutions yet to be organized, lacking any tradition whatever in our country, the members of which - willing as they might be - would have limited power and authority. According to Professor Batawia, the demand for adopting educational measures and correctional treatment only should be valid regarding young adult offenders. Young adults are not as yet mature and are in the period of settling out of an outlook on life and a moral sense, as well as that of a large susceptibility to environmental influences. The sanctions adjudicated towards young adults should not be connected with the deprivation of liberty; a small category of young adults, socially demoralized to a large extent and revealing tendencies to rapid recidivism, should be treated in special institutions of rehabilitative and correctional character only. When Professor Batawia stipulated for such treatment of young adults, the Polish Penal Code did not provide for any separate measures for this category of offenders. „Until we change thoroughly our system of sanctions towards young adult offenders, our struggle against the chronic delinquency will be fated to fail” – he wrote as early as in 1937. Professor Batawia also pointed to the fact that the work of approved schools, a weak point in the whole of the problem of juvenile delinquency, should be based on the idea that „delinquent acts should be regarded as symptoms of inability to social adaptation and deficiencies of character, and these very features should constitute the matter of interest of the tutor”. The problems caused by the youth in an approved corrective school shoul not be regarded as a mere lack of discipline or mischievous insubordination and treated as such by means of frequent punishment as the only remedial measure. From the pre-war period, the problem of recidivism was also the subject of the Professor’s studies: juvenile, adolescent and young adult recidivists, those revealing pathological mental characteristics, and the so-called incorrigible criminals, which was a notion included in the Penal Code of 1932. Professor Batawia criticised it in his pre-war works, considering no one entitled to use the term „incorrigible offender”. In spite of the appearances of incorrigibility, the chronic offenders can - as the studies prove - cease to commit offences. Also, independently of the genesis of their first thefts and of the process of demoralization, „the subsequent delinquency and incorrigibility of such an offender is closely related to our attiude towards the phenomenon and to the faults of the criminal and penal policy. Professor pointed also to the fact that from the criminological point of view the notions „recidivism” and „recidivists” had a very broad denotation: an individual qualified as recidivist on the grounds of the law may prove a casual offender, and even among multiple recidivists a variety of criminal types are to be found whose tendencies are asocial rather than antisocial. Most recidivists have been socially maladjusted to a considerable degree since their childhood, have been regularly drinking excessively from their early age, often with symptoms of alcoholism already, and many of them reveal personality disorders. Thus the problem of juvenile and young adult delinquency and recidivism and an early proper intervention are essential, if still underestimated. As a prolonged isolation of recidivists proves ineffective, freedom or semi-freedom measures should be more often applied, as well as release on probation with the subsequent aftercare which would make the later readaptation easier. On account of personality of some young adult recidivists, and of their alcoholism, one should be prepared for the fact that the sanctions adjudicated may often not produce an entire change of their social attitude. An obligatory automatic increase of penalty for committing a new offence is groundless. The Code should provide for the possibility of substantial and not only formal estimation of the recidivist’s improvement. Those postulates were reflected by the introduction of Art. 61 into the new Penal Code. Professor Batawia also gave attention in his works to the problem of alcoholism and regular excessive drinking, and their relation to delinquency. The relation is twofold: on the one hand, it consists in the negative role of the alcoholic’s family and the psychological problems it creates in the genesis of the process of his social maladjustment; on the other hand, it lies in the significance of excessive drinking in the etiology of some kinds of offences and in the increase of the proces of demoralization. At the same time, the most important effects of regular excessive drinking lie not in delinquency but in all the problems caused by alcoholism in everyday life and in the life of families. Studies of juvenile delinquency, often revealing alcoholism in the families of the examined juveniles, tended to put foreward the demands metioned above. They called for an early intervention in the case of such children and their families and of extension of the protective and educational possibilities hitherto existing in our country. The work by Professor Batawia Społeczne skutki nałogowego alkoholizmu (Social Effects of Alcoholism), published in 1951, initiated this kind of research in Polish alcohology, revealing the social aspects of alcoholics’ personality. It also exhibited the tragic situation of the families of those alkoholics who had not yet been put in hospital, though they should have been sent there long before, and who still had a clean record in spite of the fact that they kept ill-treating their wives and children and depriving their families of various goods and money in order to buy themselves alcohol. The postulate enclosed in this work aimed in two directions. One was the fight against the „common phenomenon of regular excessive drinking among hundreds of thousand of citizens, many of whom gradually turn into alcoholics”. This fight should assume the range of a broad social action, well-planned, energetic and supported by the law. It was the Professor’s persistent reasoning and his art of gaining over others to this cause, that led to the involvement of various people in social organizations and institutions, and subsequently to the resolution by the Seym of one of the best laws on combating alcoholism in the world. The second line of the Professor’s postulates (also reflected in the purview of the law) concerned alcoholics who should be treated therapeutically, and the diagnosis of alcoholism should result in compulsory treatment; thus the development of specialists health service is necessary, in particular, the establishment of a proper- number of clinics for alcoholics. In his later works, Professor Batawia fixed his attention on the problem of particular social importance, that of excessive drinking among the youth and the need for early recognition of the outset of alcoholism which now occurs much earlier than it was the case years ago; what is more, among a certain category of young adults who early became heavy drinkers, the course of alcoholism is often rapid and severe. Professor Batawia devoted his last study to the problem of young adult alcoholics subjected to compulsory treatment, whose intensity of drinking and deviant behavior had been particularly high, both processes having begun in their early youth. The study is unique of character, as it concerns the age (up to 25) when alcoholism is extremely rarely revealed. The treatment of this category of alcoholics should also be therapeutical. Also prevention is of a special importance here, the activation of teachers and tutors of all schools in the field of identification, protection and proper guidance of the large category of children with initial symptoms of social maladjustment and those from alcoholic families. Even if regular excessive drinking is first of all determined by the social cultural factors, therapeutic medical intervention should be undertaken towards the young people who drink repeatedly and often get intoxicated (that is those who repeatedly visit detoxification centres, are apprehended as drunk by the police, have been several times convicted by the Penal Administrative Commission for offences committed in the state of intoxication). It is important to increase the number of detoxification centres where drunk people would be treated as patients in hospital; such centres would also diagnose their patients. It is also important to enlarge the number of institutions for withdrawal treatment and guidance centres for the youth, as well as to introduce the industrial health service into the system of withdrawal treatment and to synchronize the activities of various institutions dealing with alcoholics in their everyday practice. When planning such a system, one should, however, take into account the entire complexity of problems connected with alcoholism and regular excessive drinking as well as the fact that the phenomenon of regular excessive drinking, causing negative effects in those drinking themselves and in their environment, is not in the least irreversible. It is, a complicated problem, requiring prolonged research, the results of which may allow a proper evaluation of this phenomenon. It was first of all the social consequences, and the practical importance of the problems, that constituted the criterion for the choice of the subjects in the studies conducted by Professor Batawia. Among them there was also the problem of „social parasitism”, much absorbing the social opinion, and the draft of the possible act to control it. Professor Batawia confronted the motion of „social parasitism”, vague and susceptible of various interpretations as it is, with the empirical data which indicate that the majority of those „shirking work” are heavy drinkers or alcoholics. Young adults less than 21 years of age shirking work but not drinking excessively often lack elementary education and professional training and are socially maladjusted; however, they must not be identified with those demoralized and committing offences. The change of their social attitudes cannot be achieved by repressive measures only. „It is indispensable to separate distinctly the tasks of socialization of such individuals from the functions of the common penalties inflicted on them for committing offences or contraventions”. The yet another problem studied by Professor Batawia was that of drug addiction among the youth, which he considered – refering to the results of various Polish studies - a minor problem in our country. In a very heterogenous population of young people taking drugs, two categories can be distinguished: that of young adults who take drugs only once or twice, which is a majority, and that of those taking drugs regularly, who are very few. Regarding this last category of individuals who narcotize themselves regularly and thus become drug addicts, the priority of medical treatment should be obligatory. The Professor’s works are also of great importance to forensic psychiatry. Among other things, he called attention to the necessity of including into medico-legal certification, apart from the normal state of inebriation and the state of pathological inebriation, also the motion of the so-called state of inebriation on pathological grounds, where certain features of the defendant’s personality could have significantly increased the effects of inebriation. He also studied the problem of reactive disorders often wrongly recognized by the prison staff as simulation, which actually require early diagnosis and treatment. He postulated the increase of psychiatrists’ participation in the works connected with the problems of readaptation of offenders, particularly in the diagnosis and treatment in the penitentiaries. The results of studies and their practical conclusions presented above reveal the essential trends of the Professor’s attitude towards the measures that should be adopted to the different categories of offenders and individuals with severe deviant behavior. It resulted from his profound humanism in his attitude towards man. He pointed to the need for individualization and adoption of measures which carry no discrimination nor the isolation from the normal social group, but which tend towards the readaptation (and, if necessary, medical treatment) of the individual exposed to them. He criticised the principle of general prevention. He pointed to the inefficacy and harmfulness of imprisonment which, if possible, should be restricted. He postulated a radical revision of the assumption which constitute the base of criminal and penitentiary policy towards a considerable number of recidivists. Without such a revision, the imprisonment would only contribute to the increase of antisocial attitudes. In the works concerning various criminological problems, Professor Batawia emphasized the importance of prevention and early intervention in the case of children and young people from socially deprived environment or revealing personality disorders. He declared himself against the therapeutical nihilism as regard both alcoholics and those offenders who were recognized as incorrigible. He was of the opinion that „the beliefs about the inefficacy of any treatment of alcoholics are wrong (...), it is groundless to abandon the treatment of young adults after the first therapeutical defeats”. He considered that the negative results of the measures adopted towards the offenders „should induce one to intense activities in the field of criminal policy reform”. He realized the difficulties connected with implementing those demands, as well as the need for the education and training of those who would properly conduct the readapting and therapeutical activities. He also realized that the problems of criminology were very complicated, and that our knowledge of various items, still insufficient, called for further laborious scientific research. And yet, seeing the entire complexity of the problems and the sometimes distant prospects of realization of some demands, Professor Batawia was not deterred from aiming at their introduction into practice with exceptional persistence, commitment and passion; at the same time, he took into account the instructions of practical realism, reckoning with the possibilities created by present circumstances. To the last days of his life, he considered it his duty as an educator to hand down to the others his opinions of the reforms and of practical solutions of criminological problems, which he did on various occasions: at conferences, during discussions on doctors theses and examinations qualifying for associate professor. It was alien to him to remain indifferent to the opinions, demands and activities which he considered wrong. The theoretical views which he enclosed in his works half a century ago now strike with their progressiveness, accuracy and immediate interest. Professor Batawia maintained an astounding unity of his opinions. He announced them with exceptional courage also when he was alone in his views - that is, on the turn of the 40’s and the 50’s, when Polish criminology was to suffer eradication, unjustly attacked from ideological positions. He was distinguished by his inflexibility, intransigence and his moral and civic attitude which constitute the example for all of us.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 7-24
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Teoria kontroli społecznej w kryminologii
The Theory of Social Control in Criminology
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699086.pdf
Data publikacji:
1983
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kontrola społeczna
teoria powstrzymywania
socjalizacja
więzi społeczne
kryminologia
containment theory
socialization
social control
social bonds
criminology
Opis:
              "Social control" is one of thę most fundamental  concepts in sociology. Nevertheless, the meaning of that term has changed, parallel with the development of sociology as an academic discipline. Originally, the idea of social control was the focal idea in studies of the organization and growth of industrial societies, and formed the basis of investigations of the various elements constituting law and order. Nowadays, the dominant trend is to narrow the meaning of the term „social control" to defining the process of conformism to the rules of society. It is this second meaning that is used in criminology today. There is a basic difference betwęen the theory of social control and other criminological theories. This difference consists in the fact that this theory, unlike other ones, tries to explain why people do not break the law, why they behave according to the rules of society, why they fall in with the group - in other words, why they are conformist in their  attitude towards the rules and norms, as well as to the values generally accepted by society. The other theories try to find out what makes people go against the social norm.       The basic principle of the theory of social control is the recognition that human beings must learn social behaviour through a process of socialisation. The aim of socialisation is to lead people to absorb the norms and values held in esteem by a given society. The process whereby the individual absorbs social norms and values depends mainly on the character of his links with the primary social groups, on the cohesion of the system of social norms, and on how far conformily with those norms will offer him the advantages he looks for.        A survey of the criminological literature dealing with the question of the effect of social control on deviant behaviour reveals that several theoretical  approaches exist, each of them emphasizing different elements of such control. These elements are: the social bonds, the system of norms and yalues and the course and results of socialisation. These three theoretical approaches are not mutually exclusive. They are undoubtedly complementary.     We can distinguish three theoretical approaches to social control: a) the socialisation approach, b) the sociar bond approach, and c) the normative system approach.      In the first of these approaches, attempts are made above all to explain how socialisation takes place, and what results it leads to.     The chief representatives of this approach may be said to be W. Reckless, I. Nye, and A. Reiss. Recklessr is the author of the containment theory, in which he distinguishes the following elements of social control: We have outer containment when external pressure is exerted on the individualn by the group, or by society, in order to bring about behaviour approved by the group. This kind of pressure is exerted through training the individual to carry out socially approved roles, through his affiliation to tradition and the community in which he lives, and through direct control. We have inner containment when, through socialisation, the individual develops self-control, that is, what we sometimes call his conscience. Five elements developed in the course of socialisation go to make up inner containment: a favorable self-concept, goal orientation, a realistic,aspiration level, adequate frustration tolerance, and commitment to socially accepted norms and values.        These two mechanisms - outer containment and inner containment  - function either together or soparately. In some cases they reinforce each other, while in other cases they are complementary. On the whole, inner containment regulates behaviour based on a person's internal pressures whereas outer containment is used when factors in the environment favour criminal  behaviour. But there are also frequent situations where, when inner containment fails, behaviour is modified by exteinal controlling factors; and conversely, it sometimes happens that in situations where control by the social group or social institutions is ineffective, self-control is the regulating mechanism. Nye is of  the opinion that the role of social control in society is that it strengthens our motivation towards conformist behaviour. It is a factor that increases our conformism, whereas lack of it  encourages anti-social behaviour. Nye  sees four types of social control: Internal control occurs when, in the course of socialisation the individual Internalises the norms and values generally accepted in the given society, so that they become components of this conscience. Indirect control is based on the emotional links between the child and his parents which cause the child to absorb the rules of behaviour passed on by the parents in the course of socialisation. Direct control is exerted by the social institutions and primary groups; punishments are threatened in the case of nonconformist behaviour. Then we have legitimate need satisfaction, where society guarantees that the emotional needs of the individual will be met if he conforms, but threatens that these needs will not be satisfied if he does not conform.       In his well-known paper on the connection between the breakdown of social  control and the occurrence of criminal behaviour, A. Reiss3 declares that criminaIity may be defined as behaviour that is the consequence of the failure of personal control and social control, as regards the regulation of human behaviour in keeping with the social norms.      According to Reiss,  criminal behaviour occurs firstly, when there is a relative lack of internalised norms and rules that would keep behaviour conformist; secondly, when a control mechanism  that previously functioned properly breaks down; and thirdly, when the group to which the individual belongs is such that the social principles for inculcating conformist behaviour are on  the whole lacking, ( or when there is a split between these social principles).       Criminality may be regarded as a function of the relationship between personal control and social control.       The second approach to the theory of social control lays emphasis on the social bond. Hirschi is the chief exponent of this approach, according to which the bonds (taken in the wide sense) between the individual and other people  are the fundamental instrument of social control. According to Hirschi, the social bond consists of four main elements: 1) personal, emotional links (attachment), 2) a rational commitment to conformist behaviour, along with expectations as to punishment and reward (commitment); 3) a degree of involvement which would leave no room for deviant behaviour (involvement), and 4) beliefs.                  In the case of personal attachment, the behaviour of the individual will depend on how sensitive he is to the opinions of others, on how far he reckons with their views. The people who matter here are the members of the primary groups to which the given individual belongs, the people whose opinion he respects, the people who  will expext him to conform to the norms which they themselves recognize. According to Hirschi, the groups with whom bonds are all important are: the parents, the school, and the peer group.         Commitment means that the person absorbs the life style of his environment. A strong commitment to conformist behaviour, with the aim of achieving the kind of goals ranked high by the given culture, means that the person may lose a great deal if he acts contrary to the norms accepted by that culture. At the same time, conformism guarantees as it were that the person's  aspirations will be achieved.        Strong involvement in conformist behaviour results in the fact that the person spends so much time and energy in keeping to the generally accepted model of behaviour that even "physically" he cannot behave otherwise (e.g. for lack of time).          Beliefs affect the acceptance or otherwise of the norms  adhered to in a given society. Difference of behaviour between individuals may be due to difference in the degree to which the norms laid down by the law are accepted.       By and large  Hirschi believes that all four types of social bond act together. Yet he also accepts that the diverse elements separately may each have an independent effect on the person's behaviour. Schrag is one of those who adopt the normative and system approach to the question of the functioning of social control. He examines the functioning of the social control system on two planes; 1) culturally approved ends- culturally approved means, and 2) behaviour expected in a given society (prescriptions) – actual behaviour (performance). The cultural goals (prescribed ends) are values such as: freedom, justice, equality, happiness, security, Means that are approved by society (prescribed means) are such norms as: the law, beliefs, legal codes, regulations, agreements. Goals which may actually be achieved (performed ends) are goals such as influence, social status, prestige, education, reputation, money. The means actually used to attain these goals (performed means) are practices such as. customs, traditions, conventions of behaviour, innovations in existing customs.      A social system works well when all its constituent elements work well together. In such circumstances there are no disruptions in the functioning of social control. But if the various elements of the system clash, social control ceases to function efficiently, that is, it ceases to regulate human behaviour effectively. There is always a danger that the connections between the various elements of the system will become looser. This danger may take at least six forms: the accepted norms may not be able to protect the group values; goals may be beyond the reach of practical action; ways of behaving may be at odds with the sopially accepted norms; goals may be in conflict with the generally accepted values; there may also be a contradiction between values and practices, and between goals and norms. If the system is to work well, it is essential that there should be no basis divergence between formal (= legal) norms, and informal (= moral) norms. If the legal norms are rejected by the group because they do not fit in with the group's values, social control will not work.        According to Schrag, the causes of crime should be sought not so much in the individual as in the social system and the way it functions.       To sum up, one may present the sociological theory of social control as follows. It asks what makes people ready to subscribe to the norms and values accepted in a given society. Three basic types of answer may be given to this question. Answers of the first type stress the course and the effectiveness of socialisation processes. Answers of the second type emphasize the role of social bonds in the shaping of conformist behaviour. Answers of the third type draw attention to the importance of cohesion in the system of norms and values in a given society.        On the whole, socialisation is a process that takes place within the primary groups. Its aim is to make the individual adopt society's norms and values. The optimum situation is where these norms become internalised, that is, they become an integral part of the person's internal mental and moral structure. If this happens, we can say that inner control governs behaviour - that is, the person’s own conscience keeps him  from behaviour that does not fit the generally accepted patterns. This goal can be achieved when there are strong bonds of affection between an individual and his parents, and also when the individual finds emotional support in other primary groups. The role of the primary groups is not only to provide good personal models to imitate, or to help the inaividual to adopt the generally accepted norms, but also to exercise direct control over tbe individual' behaviour by inducing him  to conform. If the individual is to absorb a sociaily approved system of norms and values, that system should be a well integrated  one, the rules should be clearly stated, and behaviour at odds with the approved norm should encounter expected social sanctions. Social control is most effective when three basic factors play a role: when socialisation follows its undisturbed course, when the individual finds support in the group and the group is able to control the behaviour of the individual, and thirdly when the system of social norms and values is cohesive and clear. In times of social unrest, when bonds are weaker, and the individual does not know what to expect from society, social control will be unable to exert effective control over the individual’s behaviour.
                "Social control" is one of thę most fundamental  concepts in sociology. Nevertheless, the meaning of that term has changed, parallel with the development of sociology as an academic discipline. Originally, the idea of social control was the focal idea in studies of the organization and growth of industrial societies, and formed the basis of investigations of the various elements constituting law and order. Nowadays, the dominant trend is to narrow the meaning of the term „social control" to defining the process of conformism to the rules of society. It is this second meaning that is used in criminology today. There is a basic difference betwęen the theory of social control and other criminological theories. This difference consists in the fact that this theory, unlike other ones, tries to explain why people do not break the law, why they behave according to the rules of society, why they fall in with the group - in other words, why they are conformist in their  attitude towards the rules and norms, as well as to the values generally accepted by society. The other theories try to find out what makes people go against the social norm.       The basic principle of the theory of social control is the recognition that human beings must learn social behaviour through a process of socialisation. The aim of socialisation is to lead people to absorb the norms and values held in esteem by a given society. The process whereby the individual absorbs social norms and values depends mainly on the character of his links with the primary social groups, on the cohesion of the system of social norms, and on how far conformily with those norms will offer him the advantages he looks for.        A survey of the criminological literature dealing with the question of the effect of social control on deviant behaviour reveals that several theoretical  approaches exist, each of them emphasizing different elements of such control. These elements are: the social bonds, the system of norms and yalues and the course and results of socialisation. These three theoretical approaches are not mutually exclusive. They are undoubtedly complementary.     We can distinguish three theoretical approaches to social control: a) the socialisation approach, b) the sociar bond approach, and c) the normative system approach.      In the first of these approaches, attempts are made above all to explain how socialisation takes place, and what results it leads to.     The chief representatives of this approach may be said to be W. Reckless, I. Nye, and A. Reiss. Recklessr is the author of the containment theory, in which he distinguishes the following elements of social control: We have outer containment when external pressure is exerted on the individualn by the group, or by society, in order to bring about behaviour approved by the group. This kind of pressure is exerted through training the individual to carry out socially approved roles, through his affiliation to tradition and the community in which he lives, and through direct control. We have inner containment when, through socialisation, the individual develops self-control, that is, what we sometimes call his conscience. Five elements developed in the course of socialisation go to make up inner containment: a favorable self-concept, goal orientation, a realistic,aspiration level, adequate frustration tolerance, and commitment to socially accepted norms and values.        These two mechanisms - outer containment and inner containment  - function either together or soparately. In some cases they reinforce each other, while in other cases they are complementary. On the whole, inner containment regulates behaviour based on a person's internal pressures whereas outer containment is used when factors in the environment favour criminal  behaviour. But there are also frequent situations where, when inner containment fails, behaviour is modified by exteinal controlling factors; and conversely, it sometimes happens that in situations where control by the social group or social institutions is ineffective, self-control is the regulating mechanism. Nye is of  the opinion that the role of social control in society is that it strengthens our motivation towards conformist behaviour. It is a factor that increases our conformism, whereas lack of it  encourages anti-social behaviour. Nye  sees four types of social control: Internal control occurs when, in the course of socialisation the individual Internalises the norms and values generally accepted in the given society, so that they become components of this conscience. Indirect control is based on the emotional links between the child and his parents which cause the child to absorb the rules of behaviour passed on by the parents in the course of socialisation. Direct control is exerted by the social institutions and primary groups; punishments are threatened in the case of nonconformist behaviour. Then we have legitimate need satisfaction, where society guarantees that the emotional needs of the individual will be met if he conforms, but threatens that these needs will not be satisfied if he does not conform.       In his well-known paper on the connection between the breakdown of social  control and the occurrence of criminal behaviour, A. Reiss3 declares that criminaIity may be defined as behaviour that is the consequence of the failure of personal control and social control, as regards the regulation of human behaviour in keeping with the social norms.      According to Reiss,  criminal behaviour occurs firstly, when there is a relative lack of internalised norms and rules that would keep behaviour conformist; secondly, when a control mechanism  that previously functioned properly breaks down; and thirdly, when the group to which the individual belongs is such that the social principles for inculcating conformist behaviour are on  the whole lacking, ( or when there is a split between these social principles).       Criminality may be regarded as a function of the relationship between personal control and social control.       The second approach to the theory of social control lays emphasis on the social bond. Hirschi is the chief exponent of this approach, according to which the bonds (taken in the wide sense) between the individual and other people  are the fundamental instrument of social control. According to Hirschi, the social bond consists of four main elements: 1) personal, emotional links (attachment), 2) a rational commitment to conformist behaviour, along with expectations as to punishment and reward (commitment); 3) a degree of involvement which would leave no room for deviant behaviour (involvement), and 4) beliefs.                  In the case of personal attachment, the behaviour of the individual will depend on how sensitive he is to the opinions of others, on how far he reckons with their views. The people who matter here are the members of the primary groups to which the given individual belongs, the people whose opinion he respects, the people who  will expext him to conform to the norms which they themselves recognize. According to Hirschi, the groups with whom bonds are all important are: the parents, the school, and the peer group.         Commitment means that the person absorbs the life style of his environment. A strong commitment to conformist behaviour, with the aim of achieving the kind of goals ranked high by the given culture, means that the person may lose a great deal if he acts contrary to the norms accepted by that culture. At the same time, conformism guarantees as it were that the person's  aspirations will be achieved.        Strong involvement in conformist behaviour results in the fact that the person spends so much time and energy in keeping to the generally accepted model of behaviour that even "physically" he cannot behave otherwise (e.g. for lack of time).          Beliefs affect the acceptance or otherwise of the norms  adhered to in a given society. Difference of behaviour between individuals may be due to difference in the degree to which the norms laid down by the law are accepted.       By and large  Hirschi believes that all four types of social bond act together. Yet he also accepts that the diverse elements separately may each have an independent effect on the person's behaviour. Schrag is one of those who adopt the normative and system approach to the question of the functioning of social control. He examines the functioning of the social control system on two planes; 1) culturally approved ends- culturally approved means, and 2) behaviour expected in a given society (prescriptions) – actual behaviour (performance). The cultural goals (prescribed ends) are values such as: freedom, justice, equality, happiness, security, Means that are approved by society (prescribed means) are such norms as: the law, beliefs, legal codes, regulations, agreements. Goals which may actually be achieved (performed ends) are goals such as influence, social status, prestige, education, reputation, money. The means actually used to attain these goals (performed means) are practices such as. customs, traditions, conventions of behaviour, innovations in existing customs.      A social system works well when all its constituent elements work well together. In such circumstances there are no disruptions in the functioning of social control. But if the various elements of the system clash, social control ceases to function efficiently, that is, it ceases to regulate human behaviour effectively. There is always a danger that the connections between the various elements of the system will become looser. This danger may take at least six forms: the accepted norms may not be able to protect the group values; goals may be beyond the reach of practical action; ways of behaving may be at odds with the sopially accepted norms; goals may be in conflict with the generally accepted values; there may also be a contradiction between values and practices, and between goals and norms. If the system is to work well, it is essential that there should be no basis divergence between formal (= legal) norms, and informal (= moral) norms. If the legal norms are rejected by the group because they do not fit in with the group's values, social control will not work.        According to Schrag, the causes of crime should be sought not so much in the individual as in the social system and the way it functions.       To sum up, one may present the sociological theory of social control as follows. It asks what makes people ready to subscribe to the norms and values accepted in a given society. Three basic types of answer may be given to this question. Answers of the first type stress the course and the effectiveness of socialisation processes. Answers of the second type emphasize the role of social bonds in the shaping of conformist behaviour. Answers of the third type draw attention to the importance of cohesion in the system of norms and values in a given society.        On the whole, socialisation is a process that takes place within the primary groups. Its aim is to make the individual adopt society's norms and values. The optimum situation is where these norms become internalised, that is, they become an integral part of the person's internal mental and moral structure. If this happens, we can say that inner control governs behaviour - that is, the person’s own conscience keeps him  from behaviour that does not fit the generally accepted patterns. This goal can be achieved when there are strong bonds of affection between an individual and his parents, and also when the individual finds emotional support in other primary groups. The role of the primary groups is not only to provide good personal models to imitate, or to help the inaividual to adopt the generally accepted norms, but also to exercise direct control over tbe individual' behaviour by inducing him  to conform. If the individual is to absorb a sociaily approved system of norms and values, that system should be a well integrated  one, the rules should be clearly stated, and behaviour at odds with the approved norm should encounter expected social sanctions. Social control is most effective when three basic factors play a role: when socialisation follows its undisturbed course, when the individual finds support in the group and the group is able to control the behaviour of the individual, and thirdly when the system of social norms and values is cohesive and clear. In times of social unrest, when bonds are weaker, and the individual does not know what to expect from society, social control will be unable to exert effective control over the individual’s behaviour.
Źródło:
Archiwum Kryminologii; 1983, X; 7-22
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kierunek biologiczny we współczesnej kryminologii
Biological Trend in Contemporary Criminology
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699136.pdf
Data publikacji:
1984
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
biologia
kryminologia
zachowanie
środowisko
biology
criminology
behaviour
environment
Opis:
     Discussions of the relationship between biological factors and criminality have a long tradition in criminology. During the first stage of development of positivistic criminology, they constituted a predominant trend in the study of etiology of crime and delinquency. Then, with the future development of this school, they became one of its major lines, together with the study of cultural variables. The controversions between adherents of these two trends of the positivistic school resolve themselves into the essential question nature or nature. In other  words, is a given human behaviour (e.g., criminal) a result of the man’s biological equipment, or was it influenced by the course of the process of upbringing in the broad sense. In different periods one or the other of these approaches predominated. Now it is generally considered that both nature and nurture regulate human behaviour in the process of constant interaction.        Contemporary students of the role of biological factors in the etiology of crime abstain in general from attributing to these factors the conclusive role in  the formation of criminal behaviour. Instead, they maintain that in certain circumstances a given biological factor may contribute to the appearance of behaviour which  departs from the norm. In principle, biological factors may be divided into those which contribute more directly to the appearance of criminal behaviour, and those which exercise only an indirect influence - in interaction with environmental variables. The first group consists of such variables as tumours and other pathological injuries of the central nervous system, some forms of epilepsy and certain types of hormonal disorders. In a sense, all the above variables are directly connected with behaviour disorders which, in certain situations, may lead to the appearance of criminal behaviour. These regularities concern a small percent of offenders only, so general conclusions can not be drawn on this ground as regards biological conditions of delinquency.      Among biological variables which influence behaviour problems (including criminal behaviour) indirectly, in interaction with environmental  variables, the following are  included in general: effect of prenatal and birth complications on the development of the child's central nervous system, minimal brain dysfunction and  their correlates factors connected with heredity, chromosomal abnormalities (particularly XYY syndrome), and various psychophysiological variables related to the conditioning of behaviour. These variables can not be  said to cause in themselves behaviour disorders favourable to crime and delinquency; it is imperative that particular environmental conditions arise for these disorders to appear. Thus in this case we deal with the effecti of different variables conditioned by class or environment, on the individual's biological formation and the role of the relationship between biological and environmental variables in shaping of man's adaptivity, including his ability to behave according to the norm.       In the present article, a review of the contemporary studies of the above problem has been made.       It has repeatedly been discovered that, in environment which is economically and socially unpriviledged, there are decidedly more prenatal  and brith complications which are favourable to injuries of the child's central nervous system. Such injuries positively hinder social adaptation,  particularly if the influence of environment in which the child is brought up is negative. The same may be said about the role of minimal brain dysfunction in the  formation of the child's social attitudes. Here also, the influence of the environment may intensify the effect of the biological factor. In the studies of genetic determination of abnormal behaviour, results were obtained which indicate that in the etiology of such behaviour, hereditary factors are of some importance, while environment often  „intensifies” the effect of genetic  factors.       The approach which is characterized by the search for the connection of both biological and environment variables with behaviour disorders (including criminal behaviour) has a strong position in Polish criminology thanks to the works of Professor Batawia and his associates.      In the final of the article, the importance of disclosures as regards the role of biological factors in the etiology of delinquent behaviour in the field of crime prevention has been discussed.
Źródło:
Archiwum Kryminologii; 1984, XI; 123-141
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Problematyka pasożytnictwa społecznego: aspekty kryminologiczne
Problems of "social parasitism": criminological aspects
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699214.pdf
Data publikacji:
1985
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
pasożytnictwo
społeczeństwo
aspekty kryminologiczne
kryminologia
problematyka
niedostosowanie
social parasitism
criminological aspects
criminology
problems
maladjustment
Źródło:
Archiwum Kryminologii; 1985, XII; 113-118
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Prostytucja w Skandynawskiej perspektywie
Prostitution - Scandinavian perspective
Autorzy:
Prieur, Annick
Giertsen, Hedda
Jasiński, Jerzy
Powiązania:
https://bibliotekanauki.pl/articles/699204.pdf
Data publikacji:
1985
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
prostytucja
Skandynawia
perspektywa
kryminalistyka
społeczeństwo
pieniądze
prostitution
Scandinavia
perspective
criminology
society
money
Źródło:
Archiwum Kryminologii; 1985, XII; 139-156
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Polska myśl kryminologiczna od schyłku XIX w. do 1939 r.
The Polish Criminological Thought from the Close of the 19th Century till 1939
Autorzy:
Nelken, Jan
Powiązania:
https://bibliotekanauki.pl/articles/699220.pdf
Data publikacji:
1986
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
prawo karne
historia
filozofia
szkoła antropologiczna
psychopatia
socjologia
osobowość
przestępca
polityka kryminalna
criminology
criminal law
history
philosophy
anthropological school
psychopaty
sociology
personality
criminal
criminal policy
polish criminological thought
Opis:
Both the anthropological school of Lombroso, established in the late half of the 19th century, and the sociological school established by Ferri and other criminologists ( Liszt, Prins, van Hammel, Tarde) met with a keen interest in Poland. However, the anthropological school was criticized, as it was the case in other countries too, both by the classical school of penal law, and from the sociological point of view. A critical analysis of the views of Lombroso and his successors was made by the leading representative of the classical school of penal law in Poland in those days Krzymuski who  postulated that recognition of the individual’s free will to be condition of his penal liability, Krzymuski opposed free will to be conception of a born criminal propagated by Lombroso. Lombroso’s theory was also criticized by  Krzywicki, a sociologist and anthropologist who considered the former’s  approach towards the conditions of crime to be too narrow, leaving out of account those resulting from the social and economic conditions. On the other  hand, Polish criminologists considered it to be Lombroso’s unquestionable merit that he had called attention to the necessity of studying the offender's personality, and in this way initiated the modern criminology. Opinions of various sociological schools were discussed in the Polish literature and accepted by the majority of authors starting from the close of the 19th century. In particular, the most accepted one was the opinion that offence is a result of both individual and social factors, and the aim of punishment meted out by the court should be not only to deter. the perpetrator from committing offences, but also to reeducate him. Due to the fact that in the 19th-centuiy judicial practice the sentence depended on the extent of damage caused by the offender, it was emphasized in the Polish literature that punishment should take into consideration also the offender's individual features, as it is only then that it can fulfil its tasks (Stebelski). With the accepted division of offenders into professional and causal, the fact was stressed that - if the offender reveals a tendency to relapse into crime- the measures the society applies towards him should be more drastic since the society has to defend itself against incorrigible criminals in an effective way. Instead, more lenient measures should be applied towards causal offenders, such measures  being sufficient for their reeducation. In the period between the two world wars, criminology in Poland became a separate branch and extended its range; the establishment of the Polish Criminological Society in 1921 and of the Department of Criminology at the Free Polish University in 1922, later (I932) transformed into the Criminological Institute, contributed to this situation. The Polish criminology of that period faced the task of studying and defining in detail the basic factors of crime: individual (endogenous) and social (exogenous). This was related to the necessity to learn about the sources of crime with the aim of its effective control by means of preparing a Penal Code and properly shaping the criminal policy (Wróblewski). When studying the individual factors of crime, particular attention was paid to the psychopathic personality. Criminal psychopaths were believed to suffer from a pathological moral defect resulting from their underdevelopment in the sphere of emotions. It was stated that psychopaths who committed an offence should not be recognized as mentally irresponsible (Nelken). Psychopathy cannot be treated psychiatrically; on the other hand, intensified resocialization of the offender is necessary here, conditions for this treatment created during his prison term. At the same time, an adequate segregation of prisoners should be applied based on the psychopathological criterion (Łuniewski). The science of the offender's personality was called criminal biology; it dealt with the physical and mental structure of the offender. Criminal biology was to make use of the general anthropological, psychological and psychiatric data as well as those gathered by means of other clinical methods. Aimed at  gathering comprehensive data concerning the whole of the offender’s mental and physical properties, criminal biology should not confine itself to a mere specification of his various traits: it should also study their origin, methodically examining the development of these properties in the milieu in which the offender’s personality was formed. Thus the criminal-biological research must be made from the psychological and medical as well as sociological points of view. Particular importance was attached to detailed environmental research in the study of juvenile delinquents (Batawia). In the early Thirties, the Ministry of Justice initiated criminological- biological research in prisons. The research was carried out by special commissions with the use of a specially prepared comprehensive questionnaire . The greatest part was played by psychiatric and psychological examination. The  criminal-biological research in prisons was interrupted by the outbreak of the war. In connection with the criminogenic role of alcoholism, criminologists spoke for a considerable reduction of production and sale of spirits. Moreover, an opinion was expressed that a commission of an offence in the state of a normal (the so-called physiological) intoxication should not result in the recognition of the offender as mentally irresponsible. Only pathological intoxication may be considered from the point of view of irrespossibility. The offender should not avail himself of his intoxication as a mitigating circumstance (Nelken). The scientists opposed the introduction of compulsory sterilization which was to be applied toward persons whose children could inherit serious  pathological traits from them. The opposition had both scientific and humanistic grounds (Łuniewski, Nelken). Compulsory sterilization was not introduced. The main trend of the Polish criminology in the period between the wars corresponded with the sociological school which took into account the relationship between the endogenous (biological) and the exogenous (social) factors in the origins of crime. A vast majority of Polish criminologists opposed the conception of a “born criminal” put forward by Lombroso. Some of the Polish scholars of the period between the wars who used the term “criminal anthropology” (e.g. Rabinowicz), emphasized the evolution of this science which differed from the Lombroso’s doctrine, and postulated the social milieu as a factor be largely taken into consideration in the studies on the causes of crime. In the Polish criminology of those days, the stress was laid principally on criminal biology due to the fact that the internal factor is usually less  conspicuous and more difficult to prove than the external one in the etiology of crime. It was emphasized that not all of persons who  found themselves in unfavourable social conditions turned offenders (Neymark, Lemkin); therefore, the biological (somato psychological) factor determines the individual’s moral resistance to the unfavourable external conditions. On the other hand, also the social factor, in addition to the biological one, was included in the causes of crime, due to the considerable impact of living conditions on the human mind. The opinion was that - though the etiology of an offence is usually determined by a combination of the external and internal factors - in each case one should attempt to find out which of these factors prevailed in the origin of a given act; this should also be taken into account in the criminological prognosis. In general, the chance for correction is smaller in the case of an offender of the endogenous type who requires a more thorough and longer resocialization as compared with one of the exogenous type; this should be taken into account by the court when meting out punishment (Rabinowicz, Lemkin). The Polish  Penal Code of 1932 (in force till 1969) was an expression of the compromise between the classical school of penal law and the sociological school. In the code, many legal structures included in the General Part were formulated in accordance with the achievements of the science of penal law in its classical form; this concerns particularly the definition or the essence of crime and the principles of liability including that of subjectivism as responsibility for a culpable act. A compromising character was given in the code to meting out punishment which was conditioned not only  by the weight of the offence according to the classical principle of retribution and deterrence, but also by the offender's personality and the life he had led hitherto according to the instructions of the sociological school (Art. 54). The discussed code did not adopt from the Italian positivism the so-called ante-criminal prevention, i.e.. the application of sanctions towards an individual who has not committed any prohibited act yet. Also indeterminate sentences were not adopted in the Code in relation to penalties and not protective measures, as this would be contradictory to the principle of individualization of punishment. Under the influence of the sociological school the Code contained of a possibility of suspension of ęxceution of the penalty, and of its extraordinary rnitigation, as well as the release from prison before the expiration of term (separately regulated by the law of 1927-) and a possibility to mete out a more severe penalty in the case of recidivists. In addition to the medical security measures, which consisted in the commitment of the offender to a mental hospital and which the court could apply towards the persons guilty of acts committed in the state of mental irresponsibility or decreased responsibility, the code introduced - basing on the postulates of the sociological school-isolating security measures applied towards the offenders whose acts were connected with reluctance to work, and towards recidivists and professional as well as habitual criminals if their staying at liberty endangered the legal order. The isolating security measures were applied together with the penalty (not instead of it), the necessity of their application connected with the ‘’ state of danger", i.e. the perpetrator's probability of commission of further offences; in the criminological literature, subjective and state of objective criteria of the danger were distinguished (Strasman). According to Art. 84 of the  Penal Code, offenders of this type were  committed to a special institution  for at least 5 years, and the court decided after the termination of each such period whether it was necessary to prolong the commitment for the next five years. In the Penal Code of 1932, also the measures applied towards juvenile delinquents were divided into educational measures on the one hand, and commitment to a corrective institution on the other hand, depending  on the juvenile's age and of his possible discernment or lack there of when committing the forbiden act.
Źródło:
Archiwum Kryminologii; 1986, XIII; 223-260
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość polityczna - zarys problematyki
Political crime - an outline of the problem
Autorzy:
Falandysz, Lech
Poklewski- Koziełł, Krzysztof
Powiązania:
https://bibliotekanauki.pl/articles/699318.pdf
Data publikacji:
1989
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość polityczna
czyny zabronione
historia
prawo karne
kryminologia
przywilej
terror
regulacje prawne
political crime
prohibited acts
history
criminal law
criminology
privilege
legal regulation
Opis:
The interest in political crime has been growing in the Polish doctrine of penal law and criminology of the 1980's. In 1982, the Institute of Penal Law of  Warsaw university organized a conference dealing with the problems of political crime and the status of political prisoners. In 1984, the works of J. Kubiak and S. Hoc were published, with those of T. Szymanowski and S. Popławski to follow during the next two years. In 1986, articles by Z. Ciepiński and S. Pawela appeared in the organ of the Academy’s of Internal Affairs Institute of Law, and the Learned Society for Penal Law devoted one of its 1987 session to the problems of political crime. The present paper formulates and develops the main threads of the lectures delivered in 1982 and 1987 by the present authors.                Accepting the opinions of O. Kirchheimer and S. Schafer, classical in a sense, as to the extreme complexity of political crime and the impossibility of formulating a universal criterion basing on which such crime might be distinguished, we give an outline of the chief elements of that interesting social phenomenon.               The oldest Roman legal constructions of proditio and perduellio were transformed during the period of empire into crimen leasae maiestatis, an institution that was to persist for centuries to come in the shape of offences against state or the ruler. The origins of the modern history of political crime as a separate legal category date back to the end of the 18th century and the changes brought about by the French Revolution. In the early half of the 19th century, France and Belgium were the first to grant to political offences a privileged status among  prohibited acts, introducing the competence of assizes, a separate system of penalties, and abolishing death penalty towards political offenders; this also took place in several other European countries. The privilege of political offences was based mainly on their distinct motives and their perpetrators personality traits.                The 19th-century optimism and romanticism of approach towards political crime paled in the late half of the century as the surge of anarchistic and revolutionary movements grew. The legal status of a political offender started to worsen; the great 20th-century dictatorships were tragic to their real and supposed antagonists, treated with particular severity so as to terrify the citizens. In about two centuries of modern history, the legal category of political offence went through all possible extremes: now the time has come to reconsider it.                A general, universal and timeless definition of political offence does not seem possible, even the most extreme of its forms being relativistic. Offenders called by some ,,terrorists’’ are ,,fighters for liberty’’ in the eyes of others. On the other hand,  state terror is sometimes given the neutral name of ,,special operation’’ or ,,new policy’’. Last of all, one might also say quoting the extreme section of radical criminology that there is a political entanglement to all offences, administration of justice being an instrument of politics. Also the opposite is sometimes contended, namely, that political crime does not exist at all, enemies of the system being common criminals or madmen. There is also a marked trend to exclude terrorism, war crimes, and genocide from the discussed definition.                In international law, the notion of political crime is purely functional: the separate states base on it when refusing extradition and granting political asylum. As regards the internal penal legislation, some states only distinguish political offence as a legal notion. There are in the doctrine of penal law three basic methods of defining that notion. According to the objective approach, the kind good being assaulted constitutes the essence of political crime: thus the group of such acts is restricted to direct attempts against the state's basic political interests only. According to the second conception, the subjective one political crime is any prohibited act committed for political motives or to political end. The third, mixed theory consists in taking both these aspects into account: the interest protected by law and the perpetrator's ideological motivation or aims which cannot be recognized as censurable. Additionally, the preponderance or domination theory allows for a punishable act to be recognized as a political offence if political elements prove to have predominated in the given circumstances, aims, and motives.                Robert Merton's was the most successful attempt to characterize a political (nonconformist) offender. Contrary to the common offender, his political counterpart 1) makes no effort whatever to hide his infringement of norms he repudiates or questions as to their legal validity; 2) he wants to replace the norms he considers wrong with other norms based on a different moral foundation; 3) his aims are completely or largely disinterested; 4) he is commonly perceived as quite different a person than a common offender. If we broaden the notion of ,,nonconformist" by adding adjectives like ,,religious" and ,,ethical" to it, we bring it closer to that of ,,convictional criminal" used by Schafer and of ,,prisoner of conscience" used by the Amnesty International.                The radical trends in sociology and criminology of the recent decades brought an important element to change the aproach to political crime: an opinion is promoted that the state itself is the main source of that crime as it may use every possible legal norm and institution to fight its opponents.                As opposed to the two countries where the conception of political criminals separate status was born, France and Belgium - discussed particularly broadly by the authors of lectures - the United States repudiate in their law and law courts decisions the existence of political crime. Instead, there is ,,civil disobedience'' which, together with the specifically American constitutional mechanisms, constitutes an instrument of the struggle for the protection of civil rights and liberties. The fact is stressed in the legal and criminological literature that a refusal to recognize the political character of acts that deserve such recognition contributes to the discredit of administration of justice as the establishment's political instrument. At the same time, various methods of illegal ,,neutralization" of political opponents are brought to light, including the so-called dirty tricks of the FBI and the different forms of abuse of authority by the CIA.                In Great Britain, there is according to the official standpoint no political crime in the light of penal law. But the problem itself does exist in practice which is evidenced among others by the quest - a feverish one at times - after the measure to control the difficulties resulting from it; among such measures, there are administrative acts or on appropriate interpretation of the existing regulations, e.g. rules of imprisonment. The doctrine of penal law and criminology do not seem too interested in the discussed problem; its treatment by L. Radzinowicz and R. Hood is no doubt an exception, particularly if we consider the fates of the activists of the three socio-political movements before World War I: Chartists who fought for workmen’s rights, Fenians who demanded the grant of rights to the Irish, and suffragists. Despite the fact that the problem is only treated in its historical aspect, materials of immediate interest can be drawn from its analysis.                In the Federal Republic of Germany, political crime lacks a separate status: yet a growth in the interest in such crime can be observed. This was particularly true in the seventies and was due to the activities of terrorist groups and to students protests. Also G. Radbruch’s conception of ,,convictional criminal’’ plays a certain part there, among intellectuals with leftist tendencies above all. Also in that country, the discussion grows especially important about the relation between the powerful and the powerless. Another significant point is H. J. Schneider’s demand for the problems of political crime to be granted a privileged position in criminological research. Considering the aspects of that crime in their broad interpretation, Schneider found it possible to include both terrorism and genocide in his discussion; thus, for the first time ever, a profound treatment of Nazi crimes was included in the West-German criminology.                In Poland, after the country regained independence in 1918, several different laws were in force for over ten years concerning political crime and prisoners, in a difficult internal situation. In 1931, uniform rules of imprisonment entered into force which provided for no mitigation for political prisoners. The penalty of arrest, introduced by the 1932 penal code admittedly included certain elements of the status of a political prisoner, but the opposition’s struggle for its proper formulation went on till the outbreak of World War II.                After the war, ,,counter-revolutionaries’’ and ,,traitors of the nation’’ were treated with utmost severity. This situation in which political opponents were so treated on a mass scale ended with the fall of Stalinism. The recent Polish discussion about the notion and status of political prisoner dates from the events  of 1980-1981. Many were not aware at that time that there had been in the 1970’s in Poland a partial legal regulation of the special status of persons defined as perpetrators of political offences. It followed from the fact that Poland ratified in 1958 the ILO Convention No. 105 and that in consequence, the Minister of Justice issued an appropriate order. In the provisions of the decree (issued on the imposition of martial law on December 13, 1981) on remittal and forgiveness of certain offences, those ,,committed for political reasons’’ were mentioned amond  others. Thus the lawyers could argue that the notion of political offence was know to the legislator, the only problem consisting in providing a more detailed legal regulation of that sphere. But the authorities chose a different solution. At the beginning, those convicted of the sc-called ,non-criminal" acts were granted an actual (and not legal) status of political prisoners. Later on, most of such persons were released from prison by the terms of the succeeding amnesty acts. in 1986, the Act on ,,decriminalization'' transferred the competence to decide in most of those cases to misdemeanour courts.                The interest in the problems of political crime, increased since 1982, still persists in the circles of the Polish doctrine of penal law and criminology. There is a general trend to give that notion a broader interpretation as compared with the present doctrine of penal law which practically limits its range to offences against the  state's basic political and economic interests only.                We believe the Polish doctrine of penal law; criminology and legislation in Poland now face at least three basic questions: 1) whether to introduce into the law a special status of political offenders and prisoners in its traditional construction; 2) whether to recognize similarly a privileged legal situation of a larger group of ,,ideological nonconformists" mentioned by the ILO Convention No. 105;3) whether and to what extent to include in the notion of political offence the prohibited acts committed by state functionaries while exercising authority.
              The interest in political crime has been growing in the Polish doctrine of penal law and criminology of the 1980's. In 1982, the Institute of Penal Law of  Warsaw university organized a conference dealing with the problems of political crime and the status of political prisoners. In 1984, the works of J. Kubiak and S. Hoc were published, with those of T. Szymanowski and S. Popławski to follow during the next two years. In 1986, articles by Z. Ciepiński and S. Pawela appeared in the organ of the Academy’s of Internal Affairs Institute of Law, and the Learned Society for Penal Law devoted one of its 1987 session to the problems of political crime. The present paper formulates and develops the main threads of the lectures delivered in 1982 and 1987 by the present authors.                Accepting the opinions of O. Kirchheimer and S. Schafer, classical in a sense, as to the extreme complexity of political crime and the impossibility of formulating a universal criterion basing on which such crime might be distinguished, we give an outline of the chief elements of that interesting social phenomenon.               The oldest Roman legal constructions of proditio and perduellio were transformed during the period of empire into crimen leasae maiestatis, an institution that was to persist for centuries to come in the shape of offences against state or the ruler. The origins of the modern history of political crime as a separate legal category date back to the end of the 18th century and the changes brought about by the French Revolution. In the early half of the 19th century, France and Belgium were the first to grant to political offences a privileged status among  prohibited acts, introducing the competence of assizes, a separate system of penalties, and abolishing death penalty towards political offenders; this also took place in several other European countries. The privilege of political offences was based mainly on their distinct motives and their perpetrators personality traits.                The 19th-century optimism and romanticism of approach towards political crime paled in the late half of the century as the surge of anarchistic and revolutionary movements grew. The legal status of a political offender started to worsen; the great 20th-century dictatorships were tragic to their real and supposed antagonists, treated with particular severity so as to terrify the citizens. In about two centuries of modern history, the legal category of political offence went through all possible extremes: now the time has come to reconsider it.                A general, universal and timeless definition of political offence does not seem possible, even the most extreme of its forms being relativistic. Offenders called by some ,,terrorists’’ are ,,fighters for liberty’’ in the eyes of others. On the other hand,  state terror is sometimes given the neutral name of ,,special operation’’ or ,,new policy’’. Last of all, one might also say quoting the extreme section of radical criminology that there is a political entanglement to all offences, administration of justice being an instrument of politics. Also the opposite is sometimes contended, namely, that political crime does not exist at all, enemies of the system being common criminals or madmen. There is also a marked trend to exclude terrorism, war crimes, and genocide from the discussed definition.                In international law, the notion of political crime is purely functional: the separate states base on it when refusing extradition and granting political asylum. As regards the internal penal legislation, some states only distinguish political offence as a legal notion. There are in the doctrine of penal law three basic methods of defining that notion. According to the objective approach, the kind good being assaulted constitutes the essence of political crime: thus the group of such acts is restricted to direct attempts against the state's basic political interests only. According to the second conception, the subjective one political crime is any prohibited act committed for political motives or to political end. The third, mixed theory consists in taking both these aspects into account: the interest protected by law and the perpetrator's ideological motivation or aims which cannot be recognized as censurable. Additionally, the preponderance or domination theory allows for a punishable act to be recognized as a political offence if political elements prove to have predominated in the given circumstances, aims, and motives.                Robert Merton's was the most successful attempt to characterize a political (nonconformist) offender. Contrary to the common offender, his political counterpart 1) makes no effort whatever to hide his infringement of norms he repudiates or questions as to their legal validity; 2) he wants to replace the norms he considers wrong with other norms based on a different moral foundation; 3) his aims are completely or largely disinterested; 4) he is commonly perceived as quite different a person than a common offender. If we broaden the notion of ,,nonconformist" by adding adjectives like ,,religious" and ,,ethical" to it, we bring it closer to that of ,,convictional criminal" used by Schafer and of ,,prisoner of conscience" used by the Amnesty International.                The radical trends in sociology and criminology of the recent decades brought an important element to change the aproach to political crime: an opinion is promoted that the state itself is the main source of that crime as it may use every possible legal norm and institution to fight its opponents.                As opposed to the two countries where the conception of political criminals separate status was born, France and Belgium - discussed particularly broadly by the authors of lectures - the United States repudiate in their law and law courts decisions the existence of political crime. Instead, there is ,,civil disobedience'' which, together with the specifically American constitutional mechanisms, constitutes an instrument of the struggle for the protection of civil rights and liberties. The fact is stressed in the legal and criminological literature that a refusal to recognize the political character of acts that deserve such recognition contributes to the discredit of administration of justice as the establishment's political instrument. At the same time, various methods of illegal ,,neutralization" of political opponents are brought to light, including the so-called dirty tricks of the FBI and the different forms of abuse of authority by the CIA.                In Great Britain, there is according to the official standpoint no political crime in the light of penal law. But the problem itself does exist in practice which is evidenced among others by the quest - a feverish one at times - after the measure to control the difficulties resulting from it; among such measures, there are administrative acts or on appropriate interpretation of the existing regulations, e.g. rules of imprisonment. The doctrine of penal law and criminology do not seem too interested in the discussed problem; its treatment by L. Radzinowicz and R. Hood is no doubt an exception, particularly if we consider the fates of the activists of the three socio-political movements before World War I: Chartists who fought for workmen’s rights, Fenians who demanded the grant of rights to the Irish, and suffragists. Despite the fact that the problem is only treated in its historical aspect, materials of immediate interest can be drawn from its analysis.                In the Federal Republic of Germany, political crime lacks a separate status: yet a growth in the interest in such crime can be observed. This was particularly true in the seventies and was due to the activities of terrorist groups and to students protests. Also G. Radbruch’s conception of ,,convictional criminal’’ plays a certain part there, among intellectuals with leftist tendencies above all. Also in that country, the discussion grows especially important about the relation between the powerful and the powerless. Another significant point is H. J. Schneider’s demand for the problems of political crime to be granted a privileged position in criminological research. Considering the aspects of that crime in their broad interpretation, Schneider found it possible to include both terrorism and genocide in his discussion; thus, for the first time ever, a profound treatment of Nazi crimes was included in the West-German criminology.                In Poland, after the country regained independence in 1918, several different laws were in force for over ten years concerning political crime and prisoners, in a difficult internal situation. In 1931, uniform rules of imprisonment entered into force which provided for no mitigation for political prisoners. The penalty of arrest, introduced by the 1932 penal code admittedly included certain elements of the status of a political prisoner, but the opposition’s struggle for its proper formulation went on till the outbreak of World War II.                After the war, ,,counter-revolutionaries’’ and ,,traitors of the nation’’ were treated with utmost severity. This situation in which political opponents were so treated on a mass scale ended with the fall of Stalinism. The recent Polish discussion about the notion and status of political prisoner dates from the events  of 1980-1981. Many were not aware at that time that there had been in the 1970’s in Poland a partial legal regulation of the special status of persons defined as perpetrators of political offences. It followed from the fact that Poland ratified in 1958 the ILO Convention No. 105 and that in consequence, the Minister of Justice issued an appropriate order. In the provisions of the decree (issued on the imposition of martial law on December 13, 1981) on remittal and forgiveness of certain offences, those ,,committed for political reasons’’ were mentioned amond  others. Thus the lawyers could argue that the notion of political offence was know to the legislator, the only problem consisting in providing a more detailed legal regulation of that sphere. But the authorities chose a different solution. At the beginning, those convicted of the sc-called ,non-criminal" acts were granted an actual (and not legal) status of political prisoners. Later on, most of such persons were released from prison by the terms of the succeeding amnesty acts. in 1986, the Act on ,,decriminalization'' transferred the competence to decide in most of those cases to misdemeanour courts.                The interest in the problems of political crime, increased since 1982, still persists in the circles of the Polish doctrine of penal law and criminology. There is a general trend to give that notion a broader interpretation as compared with the present doctrine of penal law which practically limits its range to offences against the  state's basic political and economic interests only.                We believe the Polish doctrine of penal law; criminology and legislation in Poland now face at least three basic questions: 1) whether to introduce into the law a special status of political offenders and prisoners in its traditional construction; 2) whether to recognize similarly a privileged legal situation of a larger group of ,,ideological nonconformists" mentioned by the ILO Convention No. 105;3) whether and to what extent to include in the notion of political offence the prohibited acts committed by state functionaries while exercising authority.
Źródło:
Archiwum Kryminologii; 1989, XVI; 189-210
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Zagadnienia psychopatii i resocjalizacji przestępców-psychopatów w dziejach polskiej myśli kryminologicznej
The problems of psychopathy and resocialization of psychopathic offenders in the history of polish criminological thought
Autorzy:
Nelken, Jan
Powiązania:
https://bibliotekanauki.pl/articles/699322.pdf
Data publikacji:
1989
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
psychopatia
resocjalizacja
charakteropatia
przestępcy
historia
psychiatra
patologiczny
psychopata
alkoholizm
leczenie
kryminologia
osobowość
zmiany
psychopathy
resocialization
characteropathy
offenders
history
psychiatrist
pathological
psychopath
alcoholism
treatment
criminology
personality
changes
prognosis
Opis:
              The notion of psychopathy as deficiency of emotions, will, and drives was shaped in the late  19th and early 20th century (Koch, Birnbaum, Kraepelin, Schneider). In Poland between the two world wars, studies of psychopathy were carried out by outstanding psychiatrists (Radziwiłłowicz, Wachholz, Nelken, Łuniewski) whose works initiated the development of criminal psychopathology in our country. Their opinions were as follows: the basic trait of a psychopathic character is a pathological moral defect the intensity of which rnay differ in different individuals. Against that background, many other disorders exist, most frequent being a pathological increase of affectivity. The pathological moral defect results from the psychopaths deficient emotions. The pathological mental changes are quantitative and not qualitative which is why psychopathy cannot be considered a mental illness. The opinion prevailed that psychopathy has constitutional grounds as opposed to pathological changes of character caused by other factors (e. g. brain lesions). It was also believed, that external factors, the social environment, alcohol and drugs above all, contribute to the shaping of a psychopathic character.                Psychopathy was considered a highly crime-generating factor and the ground of many cases of alcoholism and drug addiction. As a constitutional and permanent condition psychopathy is not susceptible to psychiatric treatment; the researchers believed that imprisonment creates the proper conditions of resocialization of psychopathic offenders. The type of prison for psychopaths who commit offences was discussed, the question being whether they should be kept in normal prisons with other prisoners, or in special penal institutions. In the 1930's, a criminal-biological examination of prisoners starred, initiated by the Ministry of Justice, with psychiatric and psychological examination playing the leading part. The aim was mainly to work out a system of segregation of  prisoners who were to be put in appropriate prisons with different rules. The outbreak of World War II stopped the project.                The postwar Polish publications usually point to the crime-generating faculties of psychopathy which result from its being a deficiency of emotions, will, and drives and an individual's permanent condition although it may be lessened or aggravated in various stages of life according to physiological processes and external conditions. As manifested by studies carried out in Poland, mainly the psychiatric ones, there is a considerable number of psychopaths among the perpetrators of various types of offences. Among those guilty of murder, 29.4 per cent of psychopaths were found (Fleszar-Szumigajowa it al.), among thieves of public property-26.19 and of private properly - 28.12 per cent (Malik). There were 48 per cent of psychopaths among recidivists ( Ostrihanska). The above proportions do not include offenders with psychopathological traits similar to psychopathy but resulting from a disease or lesion of brain (the so-called characteropaths).                Among the different types of psychopaths, particular attention should be drawn to unqualified psychopaths (emotionless according to Schneider’s classification) and to schizoidal psychopaths. Representatives of both these types can be found among serious criminals, murderes in particular, and among recidivists. As follows from psychiatric examination of murderers, sex murderers ale usually unqualified or schizoidal psychopaths (Szymusik). Despite their common characteristic, i. e. the deficient emotions, there two typ.. of psychopaths differ from each other to some extent which is important from the point of view of criminal psychopathology. An unqualified psychopath is usually characterized by a more marked deficiency of emotions and behaviour his environment frequently perceives as contradictory to the rules of social life. Instead, the emotional deficiency of a schizoidal psychopath is accompanied by his tendency to conceal his real emotions and intentions from the environment and to ambivalence, making this type of psychopath more difficult to diagnose as dangerous to others. The above findings have been obtained from specially selected groups  i. e. persons suspected of offences or convicted, who were subjected to psychiatric examination because of their unusual behaviour as a rule.                As regards the problem of criminal responsibility of psychopaths, an opinion prevails that such persons are accountable in principle. This follows from the fact that psychopathy is not a mental disease, a psychopath retaining his ability to understand the nature of his act as he is not mentally deficient and usually has a normal I.Q.A psychopaths is also able to control his conduct: as shown in practice by a number of cases, psychopaths. usually desist from the intended act if they find the conditions to be unpropitious; they also retain critical judgement of the separate elements of a given situation, thus to secure for themselves the necessary conditions and to be safe after the act. Thus in such psychopaths, intellect is able to control the deficient emotions and will to the extent that they discern the chances of a temporary gain. A psychopath may be found to have diminished accountability in particular cases only, and to be non-accountable -exceptionally. This takes  place if his ability to control his own conduct was largely limited or entirely supressed due to the type of psychopathy (e. g. in depressive or vehement psychopaths), the particular, circumstances of the act which increased the psychopathic reaction,  or the additional mental complications (e. g. mental deficiency found jointly with psychopathy).               Resocialization of psychopathic offenders proved a difficult problem in practice due to their abnormal personality and reaction to imprisonment. Psychopaths serve their terms in special prisons for persons in need of particular medical and educational measures. Among   their inmates who deviate from the mental norm, psychopaths constitute 40 per cent. They are resocialized through initiation into discipline, order and work, and through additional general or professional schooling if necessary.  They also undergo psychocorrective treatment individually or in groups with specialized prison staff; the treatment is aimed at arousing in them a critical attitude towards their own conduct. Having served their term, psychopathic recidivists are subjected to protective supervision of a court-appointed curator, the aim of which is their further resocialization and prevention or their relapse into crime. If a recidivist evades supervision on release, he is placed in a social adjustment centre by a court's decision. In the centre, psychopaths should receive a treatment conducive to their resacialization. Psychopaths receive postpenitentiary assistence, if necessary, which consists mainly in finding a job and lodgings (e. g. in a worker’s hostel) for them. Yet many psychopaths relapse into crime despite that assistance. To end with, the fact is stressed in the paper that small differences in the definitions of psychopathy given by the  separate authors and the sometimes found diagnostic differences- are not sufficient grounds for the term ,,psychopathv’’ to be replaced with other terms leading to considerable ambiguity. ,,Psychopathy’’ is a diagnostically established term and its replacement with ,, personality disorders’’ or ,,abnormal personality’’ only makes the problem obscure, blurring the difference between psychopathy and characteropathy, and between psychopathy and conditions such as neuropathic disposition and pathological character changes resulting from alcoholism or drug addiction. An explicit definition of the differences between these psychopathological conditions is most important for  judicial decisions and forensic psychiatry, for defining the chances and methods of treatment, and for criminological prognosis.
Źródło:
Archiwum Kryminologii; 1989, XVI; 245-276
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przeciw kryminologii
Against Criminology
Autorzy:
Cohen, Stanley
Powiązania:
https://bibliotekanauki.pl/articles/698500.pdf
Data publikacji:
1991
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia
antykryminologia
criminology
anti-criminology
Opis:
What this essay does, is re-tell the history of revisionist thinking about crime and its control over the last 20 years. Anti-criminology was a highly self conscious enterprise. Very soon after its initial apearance, it was marked by self-doubt and eventually a series of major internal revisions. The initial changes in anti-criminology appeared as it began to absorb the implications of its own creations. This was followed by a further set of mutations forced by having to reconsider its relationship to an external (mainly political) world. By the middle and more clearly, the end of the Seventies, liberals and radicals began to publish evaluations of what had happened to the original vision. The conclusion was dismal. The visualized reforms had not been put into practice at all or they had been put into practice for the wrong reasons or they had been co-opted and absorbed in such a way as to completly blunt their radical edge. The old structures had not only turned out more resilient than we thought but the “alternatives” now overlaid on the existing system had actually made matters worse: coersive social control is disguised, the net of state control widenes. Four relevant political responses began to emerge. First, “radical impossibilism" – a re-statement of the traditional belief that no progressive reforms are possible without a major restructuring of the whole political economic order; second, “liberal realism” – a sense of caution, scepticism and even despair, a further lowering of the (already diminished) liberal horizon; third, “re-affirmation” – an  attempt to show (as the European abolitionists are doing) just what a literal translation of the original vision would have to look like; fouth, “left realism” – a retention of socialist principles, but this time with a willingness to engage in socia reform, a determination to be “relevant'” and a denunciation of the original vision as romantic and utopian. The main features of currently dominant “left realist” position are: 1) Instead of demystifying the crime problem as a product of media myths, moral panic or false consciousness, crime is now acknowledged to be a real problem. There is a rational core to the fear of crime. One cannot gloss over the  demoralization and disorganization which are both the causes and products of predatory and violent crime. 2) Although the particular psychological form it took was misconceived, the original positivist enterprise of  finding the causes of crime was fully justified. Just when mainstream crimonology has abandoned these aetiological questions in favour of a know-nothing managerialism, so must radicals return to the obvious contexts in which crime emerges in modern society: poverty, racism, deprivation, social disorganization, unemployment, the loss of community. 3) Older idealist notions ‒  such as the elevation of the criminal into a “primitive robel” or crypto-political actor – must now be finally repudiated. And historical analysis, while important for building a sociology of law, is no real substitute for solving the traditional problems of criminology. 4) Radical criminology, then, must make itself politically relevant by operating on the very same terrain which conservatves and technocrats  have appropriated as their own. It cannot afford to risk the errors of the Sixties by allowing itself to be marginalized. In short, left rearism is realistic. This, it is argued, is where any credible alternative to mainstream criminology must be constructed. The heady mixture of well meaning liberalism, romantic anarchism and a new left style marxism which characterized the   initial phase of anti-criminology could hardly together for very long. As I have just recorded, these ingredients were soon separated out. A theoretically purer Marxism, a visionary anarchism, re-constituted liberalism and finally, left realism, all emerged as destinctive political stances against mainstream criminology. Any attempt to explain the fate of anti-criminology must avoid a narcisstistic exaggeration of its importance. These ideas were diffused with commitment and enthusiasm and they reached the centre of the criminological enerprise. But at no point has the theoretical or political momentum been strong enough to pose a real threat to a dominant tradition. Finally let me set out the wider spectrum of styles available in academic criminology today. The single criterion of this typology is ideology. 1) Conservative: the traditional conservative model stresses the primacy of law and order, a strengthening of the legal and penal system, classical doctrines of punishment such as deterrence, a moral crusade against permissiveness and lack of authority as the sources of crime. The reconstituted, neo-conservative version retains the values of the original but is more pragmatic, more selective about the use of state power, less ambitious or fundamentalist in its commitment to restoring a lost social hierarchy. 2) Managerial: this style overloeps closely with neo-conservatism but it professes to be wholly non-ideological, pragmatic and technocratic. Energy is devoted to only one of three criminological questions: that is, how to design an effective crime control policy. 3) Liberal: there are three variants of liberalism now. The most traditional version retains the programme of pre-Sixties positivism – treatment, rehabilitation, reform, individualization. The second variant is the neo-liberalism. It supports the due process rather than crime control model. A third variety of liberalism is now emerging. Its theory of crime causation is virtually identical to that of left realism, but its overall political programme and geneology is close to “genuinely” liberal of social democratic goals. 4) Socialist: the traditional version locates crime in the total system of inequality and dominance in capitalist society, rejects mere reformism and looks towards a revolutionary change in the social order which will result in socialist legality. The reconstituted version is left realism. 5) Abolitionist: it remains faithful to most of the components in the initial anti-criminology vision. In particular, it takes as a literal truth the original set of insights about the relativity of the criminal/penal law model as a form of categorisation and social control. 6) Theoretical: it is content to leave to others any political implications of its work. The commitment is to sociology and to the integrity of knowledge as a value in itself, not a subordinate to any other interests.
Źródło:
Archiwum Kryminologii; 1991, XVII; 9-39
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł

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