Temat: recidivists - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Cechy proaktywnej osobowości a zachowania autoagresywne skazanych mężczyzn odbywających karę pozbawienia wolności
The characteristics of proactive personality and auto-aggressive behaviour of convicted men serving a prison sentence
Autorzy:: Kwiatkowski, Bartosz
Powiązania:: https://bibliotekanauki.pl/articles/1878759.pdf
Data publikacji:: 2020-01-01
Wydawca:: Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:: proaktywność
autoagresja
recydywiści
proactivity
self-aggression
recidivists
Opis:: Obowiązek przymusowego przebywania w izolacji penitencjarnej wywołuje szkody osobiste w postaci zaburzeń emocji, motywacji czy zachowania. Negatywnym skutkiem deprywacji potrzeb skazanych jest ich podwyższona skłonność do dokonywania intencjonalnych samouszkodzeń podczas odbywania kary pozbawienia wolności. Oprócz czynników sprzyjających występowaniu zachowań autoagresywnych istnieją także czynniki chroniące, które bezspornie rzadziej są przedmiotem opracowań psychologicznych. W badaniu wzięło udział 50 skazanych mężczyzn, odbywających karę pozbawienia wolności po raz kolejny w życiu. Do ustalenia poziomu ich proaktywności wykorzystano Skalę proaktywności w izolacji więziennej (SPIW15), natomiast ich skłonność do autoagresji ustalono przy użyciu Inwentarza samouszkodzeń (ISAS). W artykule omówiono wyniki badań własnych, które dowiodły, że proaktywność jako cecha osobowości ma negatywny związek z autoagresją recydywistów. W ochronie przed autoagresywnymi zachowaniami skazanych największy udział mają proaktywne działania nastawione na uzyskiwanie poczucia własnej kompetencji i wsparcia rodzinnego. Ponadto w badaniu wykazano, że proaktywni skazani mają istotnie dłuższe przerwy między aktami autoagresji, a także ich proaktywne działania współwystępują z deklaracjami dotyczącymi chęci zaprzestania samouszkodzeń w przyszłości.
The obligation to be imprisoned in penitentiary isolation causes personal damages in the form of emotional, motivation or behavioral disorders. The negative effect of depriving needs of prisoners is their increased tendency to perform intentional self-harm while serving imprisonment. Besides to the factors contributing to the occurrence of self-aggressive behaviors, there are also protective factors that are undoubtedly less often subject to psychological studies. The study involved 50 convicted men serving their sentences once again in their lives. To determine the level of their proactivity, The Scale of Proactivity in Penitentiary Isolation (PPI) was used, while their propensity to self-aggression was determined using The Inventory of Statements about self-injury (ISAS). The article discusses the results of our own research, which proved that proactivity as a personality trait has a negative relationship with self-aggression. Proactive actions aimed at gaining a sense of self-competence and family support are most important in the protection against the self-aggresion behaviour of convicts. Moreover, the study showed that proactive convicts have significantly longer intervals between acts of self-aggression, as well as their proactive activities coexist with declarations of the desire to stop self-harm in the future.
Źródło:: Studia Psychologica; 2020, 20, 1; 41-55
1642-2473
Pojawia się w:: Studia Psychologica
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: Znaczenie nadawane karze przez osadzonych w Zakładzie Karnym w Wołowie
Meanings given to punishment by recidivists from Prison in Wołów
Autorzy:: Woźny, Karolina
Powiązania:: https://bibliotekanauki.pl/articles/1371265.pdf
Data publikacji:: 2018-10-19
Wydawca:: Fundacja Pedagogium
Tematy:: Kara
kara pozbawienia wolności
recydywiści
Punishment
inprisonment
recidivists
Opis:: Kara jest pojęciem mocno powiązanym z więziennictwem. Wymiar sprawiedliwościnakłada karę na osobę popełniającą przestępstwo, by wywrzeć na niej zmianę i zniechęcićją do dalszego niewłaściwego zachowania. Mnie jako badacza zainteresowało, czy więźniowieodbywający karę pozbawienia wolności po raz kolejny (recydywiści), czyli osoby wielokrotnieukarane, w ogóle zdają sobie sprawę z procesów, którym podlegają. Próbowałam dowiedziećsię nie tylko jak rozumieją pojęcie kary, ale również co sądzą na temat jej skuteczności orazczy według nich kara pozbawienia wolności jest potrzebna i czy nie można by karać ludziw inny sposób. W części teoretycznej opisałam, jakie naukowcy wytyczają cele i funkcje kary,by móc później porównać teorię naukową z rzeczywistością. Wywiadów udzieliło mi dziesięciurecydywistów z Zakładu Karnego w Wołowie i każda z tych rozmów była inna, dlatego teżmoje wnioski nie są jednoznaczne i wymagają kolejnych badań.
Concept of punishment is strongly connected with penology. Justice system is punishingcriminals to make them change and discourage them from inappropriate behaviour. I asa scientist, was interested in question: what prisoners who reoffends repeatedly think aboutpunishment, effectiveness and necessity of this. In theoretical part of my publication I describedhow scientist write about purpose and functions of punishment. I did that becauseI want to compare scientific theory with reality. I was talked to ten recidivists from Prison inWołów and every conversation was different, so my conclusions are not ambiguous. Thereis a need to make more research.
Źródło:: Resocjalizacja Polska; 2018, 16; 157-175
2081-3767
2392-2656
Pojawia się w:: Resocjalizacja Polska
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 3.

Tytuł:: Psychopathy, criminal social identity, and criminal network among murderers, attempted murderers, recidivists and first-time incarcerated juveniles from Pakistan
Autorzy:: Boduszek, Daniel
Debowska, Agata
Shagufta, Sonia
Popiolek, Katarzyna
Powiązania:: https://bibliotekanauki.pl/articles/1930169.pdf
Data publikacji:: 2021-05-28
Wydawca:: Akademia Pedagogiki Specjalnej im. Marii Grzegorzewskiej. Wydawnictwo APS
Tematy:: murderers
recidivists
first time offenders
psychopathy
criminal social identity
Opis:: Background: The purpose of the current study was to examine the differences in primary and secondary psychopathy scores, criminal social identity dimensions (cognitive centrality, in-group affect, and in-group ties), and criminal network between four groups of juvenile offenders: murderers, attempted murderers, recidivistic nonhomicidal offenders, and firsttime nonhomicidal offenders. Participants and procedure: Self-reported data were collected among 725 male youth offenders (Mage = 16.47 years) incarcerated in four prisons in Pakistan. Results: The results revealed no significant differences in scores between the four groups of youth offenders on any of the measured variables. Conclusions: It appears that psychosocial selfreported measures may not be effective in discriminating among youth prison populations.
Źródło:: Psychologia Wychowawcza; 2021, 61(19); 49-56
0033-2860
Pojawia się w:: Psychologia Wychowawcza
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Recydywiści alkoholicy w wieku 35–41 lat o późnym początku przestępczości
Recidivists-alcoholics Aged Between 35–41 Whose Delinquency Started Late
Autorzy:: Batawia, Stanisław
Szelhaus, Stanisław
Powiązania:: https://bibliotekanauki.pl/articles/699159.pdf
Data publikacji:: 1972
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywiści
alkoholicy
przestępczość
badania kryminologiczne
recidivists
alcoholics
delinquency
criminological research
Opis:: Publikacja posiada następującą strukturę: I. Stanisław Batawia: Problematyka wczesnego alkoholizmu II. Stanisław Szelhaus: Wyniki badań recydywistów alkoholików o początku przestępczości po ukończeniu 25 lat
Źródło:: Archiwum Kryminologii; 1972, V; 213-268
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

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

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Tytuł:: Wyniki badań recydywistów alkoholików o początku przestępczości po ukończeniu 25 lat
The Results of Invesigations on Recidivists Alcoholics
Autorzy:: Szelhaus, Stanisław
Powiązania:: https://bibliotekanauki.pl/articles/699033.pdf
Data publikacji:: 1972
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywiści
alkoholicy
przestępczość
badania kryminologiczne
recidivists
alcoholics
delinquency
criminological research
Opis:: In 1965 - 1966, when studying the data on the delinquency of 440 recidivists aged 26 - 35, who had been convicted many (at least 4) times, it was ascertained that only 50 of them (11.4 per cent) had their criminal records started when they were already 25 or more. It was decided to investigate the delinquency of these 50 recidivists and the most important events of their life, important particularly for the estimation of the extent of their addiction to alcohol and of the degree of their social maladjustment, in the light of data contained in the registers, in court records and in those of the police (1/3 of these recidivists could be closely investigated in prison). The data obtained during the follow-up studies until August 1971, when the average age of these recidivists was already 38, were then taken into consideration. With the above-mentioned data on 50 recidivists were then compared those on the delinquency of 390 (from among the 440) recidivists whose delinquency had started early. 63 per cent of them had started to perpetrate offences before they were 17. Moreover, the results concerning the 50 recidivists were also compared with the data on the delinquency of 61 alcohol addicts of the group of 777 ones who had been submitted in 1960 - 1961 to treatment (mostly compulsory) as out patients and in-patients. The 61 ones had also been convicted at least 4 times only from the age of 25. In 1971 their average age was already 45. The selection of these 2 groups of recidivists to be compared. with the mentioned category of recidivists-alcohol addicts was made to verify the hypothesis, that the extent and the rapidity of their recidivism distinguish them both from the not numerous category of recidivists also convicted at least 4 times, occuring among the treated alcohol addicts, and from persistent recidivists who were convicted being very young, among whom there is a considerable percentage of alcohol addicts already in an advanced stage of addiction. Before we discuss the differences between the delinquency of these 3 groups of recidivists, we shall present here certain data characterising 50 repeatedly convicted “late” recidivists among whom 92 per cent are alcohol addicts. Only half of them lived in Warsaw, some at small towns, not far or at some distance from Warsaw, and some in the country. But those living outside Warsaw were, as a rule. at least intermittedly also working in Warsaw. Nearly of them were learning at school only for 1 - 4 years, only a half have supposedly completed their primary education; the majority had no acquired trade. On the basis of data on most of them, the course of their work may be characterized as follows: When they were aged 17 – 25, i.e. before their criminal records, ¾ of them had been working, on the whole, regularly; but when they were 25 – less than 1/5 of them continued their regular work and the rest were employed only at odd jobs (for instance conveying coal, unloading railway carriages). However, it is worth mentioning that a considerable part of them were ill reputed at their working places already before they were 25, i.e. at the time when they were working comparatively regularly, (absented themselves from work, were drinking alcohol at working places etc.). After they were 25, they were, as a rule, very ill reputed and dismissed, and the data on their frequent indulging in alcohol appear constantly. As the years go by, their visible degradation in work and giving up employment are noticeable, which, in the light of the court records and those of the police, should be connected with their increasing addiction to alcohol. We should like to mention again that probably among ¾ of these recidivists the initial symptoms of addiction to alcohol dated since they were at least 23 – 25, and among the remaining ones–since 27–28; ¾ from among them had used strong drinks several times a week when they were aged under 21. It should be stressed that the marital life of as many as ¾ of these recidivists was broken up, as a rule already when they were under 30. When investigating the delinquency of 50 recidivists alcohol addicts, (hereinafter called group A), and of 61 alcohol addicts submitted, as a rule, to compulsory treatment, also convicted at least 4 times, (group C), it should be stated that among those of group A there are considerably fewer of those convicted only 4 – 5 times (26 per cent, although they were aged, on the average, only 38), than in group C (44 per cent) in which the average age of alcohol addicts is already 45. The fact that among the 50 recidivists there are much more individuals convicted several times, cannot be explained by the argument that the alcoholics of group C are considerably older and, recently, already less inclined to commit offences. The investigation of the delinquency of these 2 groups, when they were aged only 25 – 35, showed that while in group A 60 per cent of recidivists were convicted 4 – 5 times and 40 per cent – 6 and more times, most of those of group C (56 per cent) were at that age convicted fewer than 4 times, and only 7 per cent of them – 6 and more times. The delinquency of the alcoholics of group C starts much later than that of the 50 recidivists of group A. In group C, 52 per cent were convicted for the first time when aged under 30, and in group A – as many as 96 por cent. The rapidity of recidivism is considerably greater in 50 recidivists of group A than in those of group C. While in as many as 52 per cent of the former group their stay at liberty between two arrests did not exceed one year – in group C such a rapid recidivism occurred only in 13 per cent. Even as regards the 390 persistent criminals whose delinquency and social degradation started very early (B), and among whom 46 per cent did not stay at liberty for more than one year on the average – we do not notice so many short stays at liberty between successive arrests. Nearly a half (46 per cent) of alcoholics convicted several times (C) were at liberty between arrests at least for 5 years. Such cases do not occur in group A and do not exceed 11 per cent in group B. As regards the structure of delinquency, offences against property amount in group A to 47 per cent, in group B to 60 per cent and in group C to 45 per cent, and acts of violence – to 21 per cent in all 3 groups. As anyone can see, the structure of delinquency in 50 recidivists, whose delinquency is connected with their addiction to alcohol, is identical with that of 61 alcoholics (out-patients and inpatients), also repeatedly convicted recidivists. Yet it should be stressed that as regards offences with violence in group A, the victims of about half of them are next of kin, while in group C this proportion is only 1/3 and in group B only 10 per cent. In this category of delinquencies more serious crimes of violence, both in group A and C, represent only an insignificant proportion (7 per cent). It should be stressed that the thefts committed by the 50 recidivists-alcoholics caused comparatively slight losses; the losses of 50 per cent of the thefts did not exceed 500 zł, and only those of 16 per cent amounted to more than 2,000 zł. Among such recidivists-alcoholics (A) who perpetrated exclusively or chiefly offences against property, as many as 86 per cent of them committed thefts connected with their alcoholism: they either acted in a state of intoxication or spent immediately the stolen money for alcohol. Taking into consideration all categories of recidivists, one may state the existence of a great percentage of such recidivists-alcoholics among whom predominate offences of violence or of verbal aggression and other offences connected with alcoholism (besides thefts). There are 56 per cent of them in group A, 46 per cent in group C, while only 28 per cent in group B. Yet it should be stressed that the percentage of such recidivists in whom offences of violence against strangers predominate, does not exceed 8 per cent of the totality of recidivists in group A, or about 10 per cent in group C. If we consider such recidivists, who were convicted 4 times for offences of violence against strangers, to be dangerous violent criminals – there were (taking also into account convictions for robbery) – 6 per cent of them in group A and 8 per cent in group C. Among persistent offenders who started to commit offences much earlier in life (B), there were more such recidivists (14 per cent), and some of them were even convicted for violent offences 5 and more times. The results of the above investigations evidence the fact that those recidivists whose delinquency started comparatively late and who are alcohol addicts (A), in whom, as a rule, symptoms of addiction to alcohol preceded delinquency – distinguish themselves by an exceedingly rapid recidivism, which does not occur either in alcoholics (even in those submitted to compulsory treatment) (C) – or even in persistent offenders in whom the beginning of social degradation appeared early (B), in spite of the fact that among them there also appears a considerable percentage of individuals who showed symptoms of addiction to alcohol being comparatively young. The offences of these alcoholics, both against property and against person, are not serious and are connected with their addiction to alcohol.
Źródło:: Archiwum Kryminologii; 1972, V; 228-268
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Skazani recydywiści w Polsce w okresie transformacji w świetle danych statystycznych
Recidivists Convicted in Poland in the Transition Period, in the Light of Statistical Data
Autorzy:: Szymanowski, Teodor
Powiązania:: https://bibliotekanauki.pl/articles/698795.pdf
Data publikacji:: 2008
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywiści
recydywa przestępcza
recydywa penitencjarna
przestępstwa
statystyki więzienne
statystyki sądowe
recidivists
multiple relapse into crime
offences
court convictions statistics
prison statistics
Źródło:: Archiwum Kryminologii; 2008, XXIX-XXX; 739-761
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Młodociani sprawcy przestępstw przeciwko mieniu
Young Adult Perpetrators of Offences Against Property
Autorzy:: Paszkowska, Hanna
Powiązania:: https://bibliotekanauki.pl/articles/699058.pdf
Data publikacji:: 1982
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: przestępstwo
młodociani
przestępca młodociany
przestępczość
nieletniość
recydywiści
środowisko rodzinne
spożywanie alkoholu
przestępstwo przeciwko mieniu
offense
juvenile
juvenile offender
criminality
nonage
recidivists
family environment
alcohol consumption
crime against property
Opis:: The new Polish penal legislation of 1969 introduced special rules of criminal liability of young adult offenders' aged 17-20. In 1972 criminological research was undertaken in order to characterize this group of offenders, i.e., its most numerous category - those found guilty of offences against property. The research ended in 1975. In 1980 a follow-up of convictions of the persons, under observation was carried out. The object of the study of young adults found guilty of offences against property was to analyse the psycho-social factors connected with their social maladjustment and demoralization, particularly their family and school environment, personality, extent of drinking and offending. It was also the object of the study to compare two groups of young adult towards whom different measures had been adjudicated. As the most typical offences of young adults are those against property, a group of young adults convicted for this very type of offences was included in the study. There were 100 persons under examination who had been sentenced to immediate imprisonment. This group consisted of all prisoners of two Warsaw prisons in the years 1973-75 (group A). The group of young adults (group B) consisted of 100 persons conviced in 1973 for offences against property and sentenced to fine, limitation of freedom, imprisonment with suspension of execution, or educational-corrective measures. The two groups of convicted persons that were selected for the study, different as regards the adjudicated and executed measures, were compared in many respects in order to ascertain the distinctions between them as regards the degree of intensity of the process of social maladjustment which had been related to the application of various penal measures. Empirical research consisted in gathering detailed information on the persons under scrutiny concerning their previous convictions, their school career and the course of work. Also interviews were carried out with them and separately with their mothers, by means of a detailed questionnaire. Three psychological tests were also employed towards each person, that is Raven’s intelligence test, Eysenck’s questionnaire to measure extroversion and neurotism and Buss-Durkee inventory to measure aggression. 3.1. Offences against property constituted the criterion for selection to the study. The most numerous group were convictions for larceny qualified as “stealing in a particularly audacious manner or by a breaking and entering” (Art. 208 of the Penal Code), though the “audacious theft” was extremely rare as compared with the second choice. 64% of the persons of group A had been convicted for offences described in this article, the percentage as regards group B being 35%. Many persons also committed thefts of social property, while the receiving of stolen goods was the least frequent. Generally, the persons of group A had been active for a longer time than those of group B, and their offences were more frequently qualified as continuous. It should also be emphasized that the mean value of the objects stolen by the persons of group B was considerably lower than it was the case with the young adults of group A. It also happened (16% of cases) that the act of the young adults of group B ended as a mere attempt at committing an offence. To sum up, the offences against property committed by the persons, sentenced to immediate imprisonment were more serious than those committed by the young adults towards whom other measures had been adjudicated. 3.2. 69% of the persons of group A had cases in juvenile courts, while as many as 84% admitted having committed offences, mostly thefts, at that age. On the other hand, 44% of the persons of group B had committed offences for which they were brought to court as juveniles. The difference between both groups is significant (p < 0.00l). The origins of delinquency dating back from before the age of 13 were found in as many as 23 persons of group A and 10 persons of group B. The earlier they started to commit offences and had their first case in juvenile court, the more numerous were their subsequent convictions in that period. The mean number of convictions in juvenile court was 2,2 in group A and 1,6 in group B. The structure of delinquency of the persons under examination is hardly differentiated: they committed first of all offences against property (85.7%), mostly larceny. The juvenile court, had employed such measures as admonition and charge of parents in the case of persons of group B considerably more frequently than towards those of group A (25% and 8.7% respectively). On the other hand, the persons of group A had been much more frequently sent to children’s homes and to corrective schools (44.9%) than those of group B (25%). 3.3. In the period discussed below all the persons were young adults, with the mean age similar in both groups: 19 in group A and 18.9 in group B. The mean number of convictions of the persons of groups A from the age of 17 was 1.7, and in group B 1.2. Each member of group A was responsible for 3.3. offences, while in group B the mean number of offences was 2.2. It should not be forgotten that many persons, particularly those of group A, were repeatedly imprisoned in the discussed period. A considerable majority of the persons of both groups who had committed more than one offence, were convicted for offences against property only. The data quoted above illustrate the whole of delinquency of the persons under examination and recidivism among them. Taking into account both the period of minority and the later period from 17 years of age on, there were as many as 4 per every five persons of group A who had already been convicted before, and in group B nearly every second person had had a conviction previously (the difference is significant, p < 0.01). These data confirm the conclusion as to the more advanced process of demoralization of the young adults of group A as compared with group B. 49% of the persons guilty of offences against property of group A came from unbroken homes; the respective percentage in group B was 71% (difference significant, p < 0.001). Broken homes resulted mostly from the death of one parent (23% of cases in group A and 15% in group B), or from divorce (28% of cases in group A, 14% in group B). A majority of the persons came from workmen’s families (90.5% in group A, 70.7% in group B). The level of professional qualifications and education of parents of the persons examined is significantly lower (p < 0.01) in group A as compared with group B. Approximately 60% of families of the persons of group A and 67% of group B had been living in poor financial conditions, which was connected, among others, with excessive drinking of the fathers. 56.3% of fathers of the persons of group A had regularly been drinking excessively, that is drinking vodka at least twice a week. This percentage was only 26.3% in group B, it was lowered, however, as the examination of young adults of young adults of group B was carried on at home, often with the fathers themselves present. 37% of fathers in group A and 19% of those in group B had been taken to a detoxication centre, including 21% and 14% respectively taken at least three times. As in other criminological studies, in the present one young adults have not been found to live in criminal family environment. It was extremely rare that the fathers of the persons examined had criminal records. To sum up, certain negative phenomena were more frequent in the families of young adults of group A (for instance, broken home, excessive drinking of fathers). However, the cumulation of a number of negative factors could have influenced in a particulary unfarourable way the process of socialization of the persons under examination. 5.1. There were 37% of the persons of group A and 23% of those (p< 0.001) of group B with elementary education, and 18% and 5% respectively with incomplete elementary education. The difference is significant (p < 0.001). School retardation which appears more often among delinquents than among non-delinquents is connected with a lower level of education of young adults. Among the young adults of group A as few as 17% revealed no retardation, the percentage as regards group B being 46.5%. The difference is significant (p < 0.001). The retardation of the persons of group B usually amounts to one year only, while it is often 3 years or more among the persons of group A. School problems are also connected with truancy (group A - 78%, group B – 66% of the examined persons), which begins in the very first grades of elementary school. Early and regular truancy of the persons of group A was one of the symptoms of their maladjustment. Truancy is conducive to running away from home. The persons under scrutiny, particularly those of group A, had been running away from home considerably often and for longer periods. 2. Among those who were employed, every second person in group A and every fifth person in group B worked casually only. They usually took jobs requiring low professional qualifications, as only few of them had any professional training (group A-38%, group B-62%). 6.1. Raven’s test was employed to estimate the level of intelligence of the persons examined. 53.6% of young adults of group A and 31.7% of group B scored low and very low (up to 25 centile). 10.3% of group A and 29.3% of group B scored high and very high (centile 75 and more). The mean score was 35.4 in group A standard deviation: 9.87, and 41.1 in group B (standard deviation 10.09). The difference between both groups is significant (p < 0.01). Low scares on the Raven’s scale were often found among those persons whose level of education had been low, which was accompanied by a considerable school retardation. 2. To measure the level of extroversion and neurotism, Eysenck’s MPI scale was employed. The level of extroversion and neurotism among the young adult perpetrators of offences against property was not found to be higher than that of the average youth. 6.3. The level of aggressiveness was examined by means of the Buss-Durkee questionnaire. None of its scales differentiated significantly the persons of both groups. The mean total score was 61.7 (standard deviation 21.4) in group A and 61.06 (standard deviation 23.6) in group B. The data given below concern the persons of group A only, as the information obtained from those of group B as to the volume and frequency of drinking among them do not seem reliable. The analysis of statements of the subjects reveals that the percentage of teetotallers diminishes with age. The persons examined have been drinking large amounts of alcohol from their earliest years. 36% of them stated that they had drunk such quantities of various spirits at the age of 15, which converted to 40 proof vodka would amount to 2.5 litres a month. From the age of 17 on, 60% of the persons drank over 2.5 litres of 40 proof alcohol a month. They drank vodka as well as wine and beer, which leads relatively quickly to the “treshold of intoxication”. Mean yearly consumption of alcohol per 1 examined person was 34.2 litres at the age of 15, and increased sed from year to year to reach 113.7 litres yearly at the age of 19, which means that approximately 9.5 litres of 40 proof vodka were consumed monthly; this quantity goes far beyond the mean level of drinking by men at this age. 3/4 of the subjects can be recognized as excessive drinkers. A significant correlation was found between the excessive drinking among the persons under scrutiny and their early delinquency and recidivism. The highest percentage (40%) of the persons who did not drink excessively was found among those convicter once only, while the lowest (14.8%) was found among those who had 5 or more convictions. The analysis of the young adults’ information as to their , peer groups revealed that also their closest friends had been drinking excessively and often intoxicated. In February 1980, further convictions of the persons examined, then aged 25 on the average, were checked up again. As revealed by the analysis, the persons of group A (60%) still continued to commit offences and indeed many of them become multiple recidivists. The difference between the persons of groups A and B is significant (p < 0.001). 40% of the persons of group A and 67% of those of group B have not been convicted within the period of the follow-up. The majority of the persons under observation continued to commit offences against property. The courts have mainly adjudged the penalty of immediate imprisonment (group A - 92.3%, group B - 78.2%). Among those sentenced to immediate imprisonment there were in group A 57.1% sentenced to 2 years or less of imprisonment, and in group B - 93%. There was significant correlation (p < 0.01)between the convictions in juvenile courts and further convictions in the period of the follow-up. As the data reveal, group B towards which the sanctions other than immediate imprisonment were adjudicated, differed from the imprisoned group A as to the smaller extent and intensity of their offending - also during the follow-up - and their lower degree of progress in the process of social maladjustment. However, there were quite many persons in group B as well (though less than in group A), who had been convicted as juveniles; they had yet no convictions during the follow-up in a much highter percentage of cases than the subjects of group. A who had been convicted by the juvenile court previously. On the basis of the above information, criminal policy can be discussed as regards young adults found guilty of offences against property. One should not postulate a total abandonment of the penalty of immediate imprisonment, and yet, as shown by the above data, its adjudgement should be considerably limited. The limitation in question should concern first of all young adults convicted for the first time and socially demoralized to a small degree. Within the years 1970 -76 imprisonment was the measure most frequently adjudicated towards young adults. In the years 1970 - 1974 the percentage of young adults sentenced to immediate imprisonment increased regularly. It is only since 1975 that a favourable phenomenon of regular decrease of the percentage of adjudicated penalties of immediate imprisonment can be noticed, with simultaneous increase of the percentage of measures which are not connected with deprivation of liberty. As it seems, the application of immediate imprisonment towards young adults should undergo further limitations. When postulating the re-orientation of the criminal policy of the courts towards a maximum realization of the instructions of Art. 51of the Penal Code, one should also demand changes in the stage of execution of penalty. As indicated , by many studies of readaptive effectiveness of corrective schools and prisons, their influence is minimal and sometimes their resocializing activities are destructive for the convicted persons. Imprisonment causes a state of deprivation of essential physical and mental needs, destroys the ties of those convicted with their family, gives rise to socially negative patterns of prisoners’ subculture. In the present study also the offenders of group A were described, the considerable part of whom had been changing various types of institutions and prisons, first as juveniles, then as young adults, and the effects of these imprisonments were negative as measured by further convictions within the period of the follow-up. The information presented in this study concerning the family background of the persons of group A (particularly the alcoholism or excessive drinking of the fathers, which is frequent in these families), and information concerning the early and large social maladjustment of these persons, indicate a need to consider the problem of young adult perpetrators of offences against property not only in relation to the measures that should be adjudged and their execution. It is also of almost importance to consider the prevention of social maladjustment of this category of youth.
Źródło:: Archiwum Kryminologii; 1982, VIII-IX; 403-445
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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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

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Skocz do pozycji: 10.

Tytuł:: Merytoryczne przesłanki orzekania kar i innych środków wobec wielokrotnych recydywistów
Penalties and other measures applied towards multiple recidivists
Autorzy:: Janiszewski, Bogusław
Powiązania:: https://bibliotekanauki.pl/articles/699228.pdf
Data publikacji:: 1986
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywa
wielokrotny recydywista
kara
kodeks karny
środki karne
polityka karna
wymiar kary
kara pozbawienia wolności
orzecznictwo
badania empiryczne
statystyki sądowe
recidivism
multiple recidivists
punishment
penal code
penal measures
criminal policy
sentence
imprisonment
case law
empirical research
court statistics
Opis:: The aims of the present study have been: 1) to ascertain the actual conditions of the courts' decisions applying penalties and other measures towards multiple recidivists; 2) to determine the present penal policy towards this category of convicted persons; 3) to compare this policy with the assumptions included in the Penal Code in force. Punishment imposed upon multiple recidivists is regulated by the provisions of Art. 60, para. 2 and 3 Art. 61 of the Penal Code. Their formulation is as follows: on a perpetrator sentenced twice in the conditions specified in para. 1 (special basic recidivism), who has served altogether at leat one year of deprivation of liberty and in the period of 5 years after the serving of the last penalty commits again an intentional offence with the purpose of obtaining a material benefit or of a hooligan character, similar to at least one of the previously committed offencęs, the court shall impose a penalty within the limits of from three times the lowest sanction, but not less than 2 years, up to the highest statutory sanction increased by one half, and if the highest statutory sanction is not higher than 3 years: up to 5 years deprivation of liberty. The increase of the lowest statutory sanction provided in para. 1 or 2 shall not apply, when the offence is a serious offence; in this case the court shall consider the commission of the offence in the conditions specified in para 1 or 2 as a circumstance increasing the penalty. In particularly justified cases when even the lowest penalty imposed on the basis of Art. 60. paras 1 or 2 would be incommeasurably Severe by reason of the motives for the action of the perpetrator, his traits and personal conditions as well as his way of life before the commission and his behaviour after the perpetration of the offence, the court when imposing the penalty may refrain from applying the rules specified in Art. 60. paras 1 or 2; in these cases the court shall take into consideration the commission of the offence in the conditions specified in Art. 60, para 1or 2 as circumstances influencing increasing the penalty. With regard to a perpetrator sentenced in the conditions specified in Art. 60, para. 2 he court shall adjudge protective supervision; if adjudging this supervision is not sufficient to prevent recidivism, the court shall adjudge .the commitment of the sentenced person to a social readaptation centre. (Art. 62, para. 2). The present work has been based on the author's own research and to a minimum extent only on the analysis of the national statistical data. The point of departure for the study of the actual conditions of the courts decisions were the conditions specified in the Penal Code now in force. The conditions specified in Art. 61 of the Penal Code and related to the offender only have been assumed to form the ratio legis of special recidivism in the Polish penal legislation. If, however, when aplying this provision, the courts prefer the conditions related to the most recent act of the offender, this mignt be an indication of their different attitude towards the aim of punishment in the case of the discussed category of offenders. The existence of such divergences between the conditions of application of Art 61 of the Penal Code as included in the law on the one hand, and those applied by the courts on the other hand has been one of the hypotheses verified in the present study. The study has been based on the examination of court records. All the accessible records of criminal cases (230) have been included in it, in which Sentences were passed with regard to multiple recidivists (under Art 60. para. 2 and Art. 61 in connection with Art. 60, para. 2 of the Penal Code) in the District Court of the city of Poznań in the years 1975-1981. The question arised whether this could be treated as an equivalent to a random sample of the national population of convicted multiple recidivists. As shown by a comparison of distributions in question are highly convergent. A questionnaire to investigate the ourt records consisted of 41 questions concerning the convicted recidivist, his previous offences and criminal record, his last offence and the content of the last sentence. The impact of a number of variables on the application of Art. 61 of the Penal Code, on the length of the prison sentence and on the decision of commitment to a social readaptation centre has been analysed in succession. Conclusions from the study are as follows: 1. In the application of Art.61 of the Penal Code ,the predominating part is played by the conditions connected with the degree of socil danger of the act and with its legal label. The conditions connected with the person of the perpetrator seem to have a much smaller effect. The reason of this state of affairs may be seeked in the fact that the court is obligated by Art. 60, para.2 of the Penal Code to impose long-term penalties of deprivation or liberty regardless of the degree of social danger (seriousness) of the offence which may be trivial in particular cases. Therefore, it is not to be wondered at that in these cases the courts apply Art. 61 of the Penal Code so as to impose a lower or more lenient penalty in order to make it commeasurable with the offence. The following conditions have been found to exert the greatest influence on the length of sentences to deprivation of liberty under Art. 60, para. 2: firstly, the legal appraisal of the offence and the related content of the instructions for meting out punishment specified in Art. 60, para. 2 of the Penal Code, and secondly, the degree of social danger of the offence. The character of the offence and the appraisal of its social danger influence the sentence too, including the type of penalty, when Art. 61 of the Penal Code is applied by the court. This is probably a further result of following the same conditions already when deciding on the application of Art. 61 of the Penal Code. When adjudging the commitment of convicted persons to a social readaptation centre, the courst were guided by the conditions connected with intense symptoms of demoralization of these persons and with a previous application of various penal measures towards them; thus the conditions were formally the same as those to be found in the Penal Code. At the same time, conditions connected with the recently committed offence were left out of account here. One should be particularly careful when interpreting the findings in this case aS the decisions in question may be conditioned by the courts' various attitudes towards the practical functioning of the centers, and by different purposes of their adjudgement in definite cases. The length of the perod for which commitment to a social readaptation centre was adjudged has appeared to increase with the length of the sentence to deprivation of libety. Admittedly, outright conclusions as to the need for amendments of the provisions of the Penal Code in its part concerning recidivists do not follow immediately from the findings of the present study. These findings have. however, demonstrated the degree to which the instructions for meting out, punishment specified in Art. 60, para. 2 of the Penal Code sever the relation between the offence and punishment, as well as the fact that the corrective function of punishment imposed upon multiple recidivists - officially assumed by the legislator-has a fictious character in practice. In consequence, Art. 61 of the Penal Code is used in discord with its purpose; it is applied to adjust the adjudicated punishment to the seriousness of the offence committed.
Źródło:: Archiwum Kryminologii; 1986, XIII; 109-139
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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