(Not)applying mediation in juvenile cases

Author(s): Magdalena Staniaszek / Language(s): English / Issue: 1/2018

Presently we are noticing that social control over youth showing symptoms of demoralization is being excessively formalized - especially in case of individuals just on the verge of demoralization, and, at the same time, too arbitrary a role of the judge in cases involving juveniles. Despite legal possibilities, Family Court rarely applies mediation proceedings. In the years 2004-2016 the most mediations occurred in 2006 (366) and the fewest in 2014 (198). In 2016 there were 25 mediations, including 13 in Lodz. The presentation is aimed to show the research on juvenile cases addressed to mediation proceedings by Lodz courts in the years 2011-2016. The subject of study is the content of court files and mediation reports concerning the final results of the mediation and terms of agreement if made. Basing on research analysis we may reason that the only cases directed to mediation are the ones where the victim and the perpetrator are minors and the criminal act was extortion, bodily harm or harassment. The number of cases directed to mediation proceedings suggests that judges are still not fully convinced of the validity of restorative justice.

A New Function of Prison Industry and Private Prisons in Developed Countries, and the Possibility of their Implementation in the Republic of Serbia

Author(s): Emil Turkovic / Language(s): English / Issue: 4/2017

In the 1990s, various countries had a different approach to the problems related to prisoners’ labor. In the United States, the concept of prison labor could survive only in such developed states as New York, Pennsylvania and Massachusetts which could cope with the burden of keeping unproductive prisons. Under the impact of the penal reform and upon the adoption of new penal legislation in these states, the old American tradition of labor prisons gave way to a new standard which implied that convicted offenders had to learn different crafts while in prison but they were excluded from the public labor market when at large. The new industrial program, which was thus engendered, has significantly contributed to spreading the reformist functions of prison labor. Organized prison labor had always been strongly supported by penal reformers in the north of the United States but, in the mid-1980s, as the penal reformers moved away from that part of the United States, the concept of organized prison labor no longer had a significant political and legislative impact. The influence of penal reformers and the idea of instituting convict labor (but without competition in the labor market) had a strong influence on government politicians both at the federal and state government levels. The reformers endeavored to ensure the prisoners’ welfare and enable all prisoners to work and participate in the labor market as competitive workforce, both by leasing their labor and through the sale of final products on the free market.

Aktywizacja społeczna i zawodowa osadzonych jako istota oddziaływań probacyjnych w środowisku wolnościowym

Author(s): Katarzyna Gucwa-Porebska / Language(s): Polish / Issue: 4/2017

Staying in prison isolation – in a total institution is sometimes a time of many changes in human life. A new, previously unknown place in which “second life” takes place can contribute to fears, fears, lowered sense of life, lack of goals. Therefore, to counteract the negative consequences of imprisonment, it is worthwhile to introduce activities aimed at social and occupational activation, which significantly reduce the level of anxiety and give a new meaning. Ryszard Musidłowski writes that it is worth emphasizing that “although the purpose of the penalty of deprivation of liberty is primarily the resocialisation of the sentenced person, and not merely the desire to cooperate in shaping his social attitudes, he assumes and prefers his activity.”

Aktywność fizyczna w zakładach karnych a podstawowe wymiary osobowości mężczyzn odbywających karę pozbawienia wolności

Author(s): Anetta Jaworska / Language(s): Polish / Issue: 1/2015

Artykuł dotyczy aktywności fizycznej (AF) w zakładach karnych, rozumianej jako ponadspoczynkowy wysiłek energetyczny wykonywany przez skazanych w czasie wolnym. Celem badań było ustalenie osobowościowych korelatów AF mężczyzn odbywających karę pozbawienia wolności. W badaniach zastosowano metody kwestionariuszowe. Jedną grupę stanowili mężczyźni osadzeni w placówkach penitencjarnych (N = 121), którzy wykazują aktywność fizyczną, a grupę porównawczą osadzeni nieaktywni fizycznie (N = 128) w wieku od 22 do 55 lat. Wyniki badań pokazały, że więźniowie systematycznie uczestniczący w programach z zakresu kultury fizycznej i sportu odznaczają się wyższą stabilnością emocjonalną(p < 0,05) oraz wyższym poziomem ekstrawersji (p < 0,05). Nie różnią się natomiast poziomem psychotyzmu (p = 0,80). Poniższe opracowanie jest fragmentem większych badań dotyczących psychologicznych korelatów aktywności fizycznej w zakładach karnych.

Ambulant sanctions as an alternative to imprisonment in the European Union

Author(s): Christine M. Graebsch,Sven-U. Burkhardt / Language(s): English / Publication Year: 2014

The issue of imprisonment vs. alternative penalties has been debated in various European countries during the last decades, and ambulant sanctions have been heavily on the rise. Community sentences and other alternatives to imprisonment are regarded as modern instruments for the rehabilitation of offenders. The objective of the present study is to examine the scope of application of penalties without deprivation of liberty as compared to imprisonment as well as to identify promising practices of alternative criminal sanctioning in Belgium, Bulgaria, Germany, Spain and Lithuania. As this study covers several European countries, the comparative perspective suggests itself nearly as a matter of course. In this connection, it seems reasonable to describe the existing ambulant sanctions of the different member states involved, taking into account their legal arrangement and their relation within the system of penal sanctions including their relation to the deprivation of liberty. It in addition appears sensible to describe and compare these ambulant sanctions with reference to their contribution to the re-socialisation or rehabilitation of those subjected to them as well as with special attention to the involvement of civil society in their execution. In a further step, promising practices in connection with ambulant sanctions could be highlighted which may be recommended for imitation by other member states. Such an approach proves to be impossible for multiple reasons, though, and it would be inadequate just to make such an attempt. There are exemplary references to ambulant sanctions in Belgium, Bulgaria, Germany, Lithuania and Spain. This is due to the fact that scientists from these countries have taken part in the realisation of this project but not necessarily because of specific outstanding features of their sanction systems in comparison with other member states.

Analýza ukládání peněžitých trestů v podobě denních pokut v České republice

Author(s): Jakub Drápal / Language(s): Czech / Issue: 2/2016

In 2010 the pecuniary punishment started to be defined in the form of day fines. So far, however, no analysis of its functionality has been made. The aim of the article is to find out if the new concept works in reality or if it stays only on the paper. The results of author´s research suggest that the concept of day fines does not function well in the Czech Republic. Even though richer offenders get slightly higher pecuniary punishments (and higher day fines) in absolute numbers, they receive relatively lower punishments than poorer offenders. It seems that the concept of day fines does not work either in the proportion of one day fine to the wealth of an offender or in the proportion of the number of day fines to the seriousness of an offense. Several partial results such as differences in sentencing between male and female judges or their opinions about day fines are discussed as well.

ANTICORRP Integrated Report

Anti-Corruption Policies Revisited: WP9 Organised crime and impact on vulnerable groups

Author(s): Salvatore Sberna,Alberto Vannucci,Tihomir Bezlov,Dimitar Markov,Maria Karayotova,Ana Hecimovic,Iva Nenadic,Munir Podumljak,Péter Gyimesi,Szidónia Nagy,Boróka Pápay,Zoltán Szántó,István János Tóth,Edona Krasniqi / Language(s): English / Publication Year: 2015

This integrated report investigates the link between political corruption and organised crime, by examining the modalities, resources and strategies used by criminal groups to govern and/or capture the market of political corruption. On the one hand, the report looks at the infiltration of organised crime in three main policy sectors where public spending and regulations play a pivotal role: public procurement, the privatization of public services, and management of EU funds. Alongside this, the report also analyses the criminal penetration of electoral politics, by evaluating the influence that criminal organisations can achieve in electoral arenas. As a result, the report provides a general assessment of policy regulations, legal countermeasures and practices adopted to prevent and combat organised crime, especially in interaction with political corruption. The report is drawn from data collected in five European countries (Bulgaria, Croatia, Hungary, Italy, Kosovo) across the above themes, and includes two more countries for the assessment of anti-organised crime legislation and initiatives (Albania and Georgia). The methodology involves both extensive and intensive strategies of investigation. A quantitative assessment of the crime and politics nexus is based on the Organised Crime & Corruption (OCC) events database, in which events data about the link between criminal groups and political corruption have been gathered and assembled1. A qualitative assessment involves in-depth understanding of the mechanisms of corrupt exchanges, presented as single case studies conducted in the countries covered by this study, inclusive of primary and secondary sources (interviews, legal proceedings, academic and policy-oriented reports). Data collection and analyses were conducted by five institutions across Europe (EUI, CSD, BCE, IKS, PSD).

Background report: Drug Users in Prison – the Norwegian Experience

Author(s): Hedda Giertsen / Language(s): English / Publication Year: 2016

This report is the preliminary research work under the Punishment vs. Treatment: the Situation of Drug Users in Prison initiative which main output is a forthcoming comparative analysis of the treatment of drug users in Bulgarian and Norwegian prisons. The study was prepared by the University of Oslo and it overviews the general context on Norway – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. It also presents the alternative sanctions available for drug users. Furthermore, the reports looks at prison population using drugs and sentenced to drug-related crimes – what are the principles by which prison authorities are guided in their attitude towards this group of inmates and what programs are available for them in Norwegian prisons.

Background report: Policies on drugs in Bulgarian prisons

Author(s): Dimitar Markov,Maria Doichinova,Lyubomira Derelieva / Language(s): English / Publication Year: 2016

This report provides a snapshot of the situation of drug users in Bulgaria. As it is aimed to serve as a basis for comparative study on policies and practice towards drug users, particularly in prisons, in Bulgaria and Norway, it presents the country’s context – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. The report also investigates how court looks upon the fact that the accused are using or addicted to narcotic substances within the criminal proceedings and specifically on the type and the term of the sentence. Finally, it looks upon the sanctions available for drug users and their situation once sentenced to imprisonment – what treatment, rehabilitation and harm reduction programmes are available in different prisons.

Badania osobopoznawcze w penitencjarystyce

Author(s): Robert Poklek / Language(s): Polish / Issue: 2/2017

Badania osobopoznawcze są podstawą podejmowanych względem osadzonego decyzji administracyjnych oraz oddziaływań penitencjarnych i terapeutycznych. Poprawnie przeprowadzona diagnoza umożliwia zindywidualizowanie procesu resocjalizacji penitencjarnej, prognozowanie penitencjarne i kryminologiczno-społeczne, zapobieganie wzajemnej demoralizacji więźniów oraz zapewnienie porządku i bezpieczeństwa w jednostce penitencjarnej.W artykule podjęto próbę szczegółowego omówienia badań osobopoznawczych osób pozbawionych wolności realizowanych w zakładach karnych i aresztach śledczych w kontekście prawno-kryminologicznym i psychopedagogicznym. Omówiono źródła informacji osobopoznawczych o skazanym oraz procedury podejmowane przez personel więzienny w celu przeprowadzenia i udokumentowania diagnozy penitencjarnej W podsumowaniu wskazano na kompetencje personelu więziennego niezbędne do prowadzenia badań osobopoznawczych.

Bezpieczeństwo sportowych imprez masowych w działaniach policji

Author(s): Marek Zawartka / Language(s): Polish / Issue: 4/2011

The article presents the duties and responsibilities of the Police in the area of security of mass events resulting from the Police Act of 6 April 1990, as well as other laws and international agreements. Presented procedures for the evaluation of the safety of sports facilities and give an opinion as well as the tasks carried out by the Focal Point for mass events and launched in April 2006, police registry of mass events. Discusses how to monitor the fans as well as a penal measure to prohibit the entrance to mass events, coupled with the obligation to appear in person at the police unit

Biblically Inspired Tattoos in Forensic Examinations Made on Inmates' Bodies in Prisons Territorially Assigned to the Forensic Institute of Medicine Cluj

Author(s): Dan Perju-Dumbrava,Daniel Ureche,Cristian Gherman,Ovidiu Chiroban,Laurian ?tefan Bonea,Carmen Corina Radu / Language(s): English / Issue: 45/2016

Since ancient times, tattoos were a form of expressing spiritual trends or a life style. Our country does not have a very complex culture regarding tattoos or persons who practice this kind of art and thus for their bearers the majority of existing tattoos lack a special meaning. In forensic science, by conducting physical, traumatic expertise or by postponing the punishment, we find, a lot of times, persons in detention for different criminal acts, and the examination of these is necessary. According to this retrospective study, we noticed an increased frequency of biblical tattoos in the case of convicts from the prisons that belong to Forensic Institute of Medicine from Cluj. We will try to find explanations in the forensic literature for the marks they have and if these have a special meaning for them, and also for the circumstances in which these were made. We will also present the church’s point of view regarding these practices.

Biografie skazanych mężczyzn i kobiet przykładem kryzysu w rozwoju tożsamości człowieka

Author(s): Barbara Toron-Fórmanek / Language(s): Polish / Publication Year: 0

The aim of rehabilitation activities is to lead a person to a condition of adequate adaptation to standards of social life, develop skills which enable socialization and participation in culture and as a result to develop their own identity. Unfortunately, the theory does not coincide with practice which is shown in the author’s research. The article presents the connection between the human’s identity and his life before his imprisonment. The author associates the process of developing the identity with the lifestyle according to Walter’s conception and then, basing on her own studies, the author shows that the rehabilitation in the Polish prison system does not have a good influence on the convict’s reshaping process. It is believed that the cause of that is the biography. The author can see the connection between the developing of the criminal identity with the influence of school, peer group and criminal group. Moreover, the author pays special attention to the need to use creative methods of rehabilitation which support the development of the proper identity.

Body as a Project: The Relationship Czech Prisoners Have to Their Bodies

Author(s): Lukáš Dirga / Language(s): English / Issue: 6/2017

The text focuses on the relationship inmates have to their bodies during imprisonment. The data presented in this study are based on ethnographic research carried out in Czech men's high security prisons. The data set consists of interviews with partakers from the “world of prisoners”, observations from prisons and analysis of documents relating to Czech prison service. The analysis shows there is a strong relationship between the physical body and the process of constructing manhood/masculinity in the population of inmates. The physical body is one of crucial components of the masculine/macho prison code/culture. The attitude inmates have to their bodies seems to be altering, depending on the stage of imprisonment in which they currently are. For the description of this alteration I use the concept of the body as a project, which may serve as one of the possible ways of understanding the importance of the physical body to inmates during their imprisonment and changing motivations to its further development.

Britisth Experiences of Polygraph Testing Sexual Offenders an Update

Author(s): Daniel T. Wilcox,Marguerite L. Donathy / Language(s): English / Issue: 1/2014

BULLYING EXPERIENCES AMONG SEXUAL MINORITY YOUTHS IN ENGLAND: THE NATURE, PREVALENCE AND ASSOCIATION WITH LIFE SATISFACTION

Author(s): Morag Henderson / Language(s): English / Issue: 1/2016

This study investigates whether Lesbian, Gay and Bisexual (LGB) young adults are more at risk of bullying than their heterosexual peers using Next Steps, a nationally representative longitudinal dataset from England. The experiences of more than 7,200 young adults from across England who were born in 1989–90 are examined. At age 20, the young adults were asked about their sexual identity and whether they had been bullied in the previous 12 months and during secondary school. The findings show that young LGB adults had a 52 per cent chance of having been bullied in the past year at age 20, compared to a 38 per cent chance for their heterosexual peers, after taking into account other characteristics that may make someone more likely to be targeted, such as gender, ethnicity, disability, or family socioeconomic background. The situation had improved slightly since their school years. Between the ages of 14 and 16, young people who later went on to identify as LGB had a 56 per cent chance of having been bullied in the past year, compared to a 45 per cent chance for their heterosexual peers. Moreover LGB young people were at considerably greater risk of being bullied frequently – that is, once or more every fortnight – during secondary school. LGB young people were found to be more than twice as likely as their heterosexual classmates to be regularly physically bullied and excluded from social groups. This paper also examines the association between being bullied and life satisfaction: the findings show that by the time they reached age 20, young LGB adults were less likely than their heterosexual peers to report being “very satisfied” with how their lives had turned out so far. However, all young adults – regardless of sexual identity – were less likely to be very satisfied with their lives if they had been bullied. In summary, although all people are less likely to be bullied as they get older, young LGB adults remain at higher risk than their peers. These findings suggest that in order to tackle the problem, anti-bullying interventions cannot be focused only at schools and their pupils. Policymakers, employers, further education institutions and others working with young adults need to do just as much in order to challenge discrimination at all ages.

Capital punishment: a theoretical and cooperative analysis

Author(s): Tainá Corrêa Barbosa Ramos / Language(s): English / Issue: 6/2016

Among all the different types of penalties that exist in the various juridical systems around the world, capital punishment, also known as the death penalty, is one of the most controversial ones. The discussion about its legitimacy and legality crosses social, philosophical, cultural, religious and historical fields. The present article aims to first analyze how capital punishment is treated in different parts of the world, whether it is present or not, and to later on focus on the attempts to justify such a harsh punishment, by both the retributive and utilitarian theories of punishment.

Cesare Beccaria: Utilitarianism and the Capital Punishment

Author(s): Dawid Dziurkowski / Language(s): English / Issue: 13/2016

Cesare Beccaria initiated a new outlook on penal law, including the death penalty. In his opinion, deprivation of human life by state authorities during the reign of peace should be prohibited because it does not produce any utility. He admitted, however, two exceptions from the above rule. A sentence to death can be justified 1) if an individual, even when deprived of his liberty, still has enough power and connections to endanger the security of the nation, but even in this case it is only necessary when a nation is on the verge of recovering or losing its liberty and 2) in the situation of anarchy. Moreover, the Italian philosopher advocated just punishment, which can be such only if it does not exceed the degree of severity that is sufficient to deter others from committing crimes. It is evident that the Italian lawyer and political writer grounded his whole philosophy of repressive sanctions on the utilitarian conception of penal law, redefining at the same time a justice-based (retributive, compensatory) approach to criminal punishment, retaining within it a limited function of guilt. Beccaria represented a clearly defined standpoint. Considering, however, the conception of utilitarianism itself in terms of its attitude to the death penalty, we come to the conclusion that our approval or disapproval of capital punishment depends on the answer to the question whether an execution of any particular criminal will be useful, indifferent or criminogenic for other individuals.

Charakterystyka nieformalnych struktur podkultury przestępczej

Author(s): Witold Tomasz,Angelika Hejmej / Language(s): English / Issue: 2/2015

Prison sentence used in Polish penal system is one of the most widely criticised punishments used for criminals. The convicted are sent into prisons or detention centres, which makes them (the incarcerated) even more vulnerable to committing a crime due to their isolation and solitary confinement. In this way, a distinct subculture is created. It is conditioned by many factors which determine its size, form, norms and rules enforced by the prisoners. The phenomenon of prison subculture causes a wide range of negative consequences, e.g. self-aggression; aggression towards other inmates, prison officers, or even family; mental or physical abuse; mental or sexual disorders. Such situations have a negative influence on the process of resocialisation, because they are destructive for the personality of a prisoner, especially for a juvenile delinquent as his/her decision making possibilities related to themselves are limited. Therefore, one might venture to say that the bigger the influence of subculture norms and rules, the more disturbed the process of resocialisation.

Charakterystyka wybranych instytucji probacyjnych w kontekście udziału organizacji pozarządowych w ich realizacji

Author(s): Rafal Kaminski / Language(s): Polish / Issue: 21/2016

This article is an attempt to present the problem of probation in Poland. It contains a summary of the institutions falling within the definition of this concept. The article is divided into three parts. The first two parts concern the solutions contained in the Polish Penal Code. The third part is devoted to the subject of social factor participation in the form of non-governmental organizations. The paper also presents statistics illustrating the scale of the phenomenon of probation in Poland.