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Prawa człowieka a zatrzymanie i tymczasowe aresztowanie w polskim prawie i praktyce jego stosowania

100%

Bulenda T., Hołda Z., Rzepliński A.

Archiwum Kryminologii

1992

issue XVIII

103-146

The social and political changes in Poland led to abolition of Realsozialismus which is now being replaced with a democratic country governed by Rechtostaat (Art. 1 of the Constitution) from aspirations after national freedom and respect of human rights in public life. The problem of protection of individual freedom made itself particularly felt here; it is also subject of the present paper which discusses the protection of individual subjectivity in the light or the institutions of arrest and detention awaiting trial. Until quite recently, Poland was one of the many Communist countries where human rights were violated much too often, also on the occasion of arrest and detention awaiting trial. Many factors were conductive to this situation, such as faulty legislation; inadequate socjal consciousness; depreciation of the authorities, law and other norms; prevalence of repressiveness in dealing with social pathologies; and absence of social control of the activity of law enforcement agencies, the police and prison staff in particular. But the weakness of legal protection of individual resulted also from a strong relation of the activities of practically all governemental and social bodies those dealing with prosecution and investigation as well as administration of justice included, to politics. This political nature of functioning of those agencies, resulting monopolistic power of the Communist party, led to a limitation of the independance of the judiciary. The adoption of new political principles of Polish State and election of the new Parliament (on June 4, 1989), together with formaion of the non-Communist Cabinet, created the conditions for a new criminal policy based step by step on European standards. The institutions of arrest and detention awaiting trial well illustrate the pathology of functioning of the agencies of legal order and the direction of changes taking place in criminal policy. They also demonstrate a specific paradox; the Polish people’s great devotion to freedom and the simultaneous unfeeling tramling of that freedom. The two institutions have been discussed from the viewpoint of protection of human rights on both the normative plane and in the practice of the years 1980–1990. Arrest is one of the forms of coercion which consists in a short-term deprivation of liberty. The Polish legal system provides for procedural, preventive and administrative arrest. Each of these types has a separate legal regulation (procedural arrest, the Act of 19 April 1969 – Code of criminal procedure; preventive arrest, the Act of 6 June 1990 on the police and another Act bearing that same date on State Protection Office, together with their executory acts; and administrative arrest, the Act of 28 October 1982 on education to sobriety and control of alcoholism). Moreover, each type of arrest is to serve different aims (procedural arrest, protection of propriety of criminal proceedings; preventive arrest, protectton of order and public safety, human life and health, and property; and administrative arrest, control of alcoholism). Also different are the conditions of arrest, the agencies authorized to apply it, and the period for which a person can be detained. The present authors focus mainly on preventive arrest related to the administrative function of the police as guardian of order. That form was particularly abused and human rights were often violated in the course of its execution. Preventive arrest has recently undergone significant changes both in the normative sphere and in practice. As compared to the former one, its present regulation: 1. defines its legal grounds with greater accuracy; 2. broadens the detainee’s rights; and 3. introduced judicial review. This has contributed to the curbing of arbitrary police activities in this sphere. Duration of arrest is specified in the Constitution (Art. 87) and in the provision of Art. 207 of the code of criminal procedure. It cannot be londer than 48 hours from the moment of detention, and 24 hours in the case of administrative arrest (Art. 40 of the act on education to sobriety and control of alcoholism). Violations of these provisions have so far been frequent. In the case of procedural and preventive arrest, the rights of the detainee are the same. According to the valid provisions, the detainee has the following rights among others: the right to be informed in writing as to the time and reasons of arrest; the right to be advised as to the possibility of complaining to the court against the application of that measure, and to the public prosecutor against the way of its execution: the right to health care. The catalogue of the detainee’s rights is insufficient: e.g. it does not contain the right, to legal assistance (conseul). What particularly impairs the protection of the detainee’s personal interests is the absence of by-laws concerning the execution of arrest in the police house of detention, as the duplicated set of provisions called ,,By-laws for Detainees”, introduced by an order of the Chief of Civic Militia in 1959, hardly comes up to the standards. The provisions now in force have broadened the range of legal means of vindication of his rights that are at the detainee’s disposal. Particularly notable here is the reintroduction of the institution of habeas corpus. Namely, the detainee has been granted the right to complain to the court against arrest (Art. 207 point ”a,, of the Code of criminal procedure) and to the public prosecutor against the way of execution of arrest (Art. 15.7 of the Act on the police). If the arrest has been obviously unjustified, the detainee is due indemnity from the Treasury and monetary compensation of moral injury (Art. 487 of the Code of criminal procedure); the same concerns the situation where he has suffered damage or injury as a result of an improper execution of arest (Art.Art. 417-419 of the Civil code). Besides, the detainee may approach the court with a claim in virtue of protection of his personal interests (Art.Art. 23 and 24 of the civil code). In the latter half of 1990, arrest was executed in 798 police houses of detention all over the country, that is fewer by a whole 71,7 per cent as compared to 1989. The recent changes have made it possible to abolish the division of houses of detention into categories (of which there used to be three according to the duration of detention). The number of arrests amounted to over 500,000 a year at times (with the peak of 572,220 in 1982 – see Table 1). Starting from 1988, it gradually went down to nearly one-third of its original value which reflects above all the general liberalization of the police approach towards crime and other deviations. In the period under analysis, the living conditions in the police jails were – and still are primitive and many a time offensive to human dignity. This has been confirmed by the present author’s own study and two surveys of those jails carried out by the National Ombudsperson. An acute problem is the right to apply constraint during and upon detention. It is regulated by provisions of the police Act and an Ordinance of the Council of Ministere of 17 September 1990 which specifies the situations, conditions and ways in which direct coercion can be used by the police. Without questioning the grounds for such coercion, not only the legal conditions of its application but also the faults or even abuses in this sphere have been pointed out. What the authors find the most severe violation of human dignity are neither humiliating conditions of isolation nor illicit prolongation of detention but first and foremost beating of a person after he has surrendered to the power of enforcement officers. Cases of beating have again started growing in number this year (as has been found by the Helsinki Committee in PoIand and the National Ombudsperson). The activities of the public prosecutor’s office in this sphere have been criticised in the article. The paper also discusses the consequences of the introduction of Art. 209 of the Code of criminal procedure which made it possible to commit to the police jails persons detained awaiting trial (for up to ten days or three months), and even those sentenced to a prison term (of up to six months). This provision has recently been quashed, but the police press for its reintroduction. Until quite recently, the police jails were submitted to no supervision whatever. The public prosecutor’s. office remained passive and carried out but most perfunctory supervision, if any. This situation hardly served the protection of detainees’ rights. It was only improved in 1988 when the police jails were submitted to supervision by the Ombudsperson and later also by Commissions: of Administration and Internal Affairs of the Diet and of the Rule of Law and Human Rigths of the Senate, and by other agencies and institutions. Also pre-trial detention is a serious interference with human rights. It is one of the preventive measures provided for by the Code of criminal procedure, and at the stage of execution – by the Code of execution of penalties and the Ordinance of Minister of Justice of 2 May 1989 – by-laws of execution of detention awaiting trial. The discussed measure can be applied by the court, and before the indictment also by the public prosecutor. The present authors find the latter’s right to apply pre-trial detention contradictory to provisions of international law, the covenants ratified by Poland included (see Art. 9,3 of the International Covenant on Political and Civil Rights). The legal provisions fail to specify the upper limit of duration of pre-trial detention. The amendement of the Code of criminal procedure and the changed policy of application of dotention resulted in a fall in the number of those detained awaiting trial. There were 9,722 such detainees on July 31, 1989 (see Tables 4–5). There was also a radical drop in the number of persons detained for over 12 months: in 1990, as few as 0,03 per cent of those kept at the public prosecutor’s disposal had been detained for at least 12 months. However, an alarming upward tendency in the number of persons detained awaiting trial can be noted lately. Discussing the conditions for optional or obligatory pre-trial detention, the authors criticize some of them as estimative in nature, and thus involving the danger of arbitrary use of this measure. The reasoning has been based on decisions of the Supreme Court which is of particular importance for the effective protection of the detainee’s rights. There have been a lot of faults in the practice of application and execution of pre-trial detention which was frequently used as a means of pressure aimed at forcing a person to plead guilty or to denounce an accomplice. In Poland, the application of pre-trail detention is the domain of the public prosecutor’s office. In the years 1975–1989, prosecutors applied this measure in nine out of every ten cases. The population of houses of detention and other penitentiary institutions shaped differently starting from 1945. A comparison of changes in the numer in the number of convicted persons with those of persons detained awaiting trial shows that the latter population was more stable starting from the 1960’s and never changed as radically in number as that of prisoners. That was the case despite the increased frequency of application of detention in the 1970’s. What contributed to this situation above all was the shortening of preparatory proceedings. In the period under analysis, the total number of persons detained awaiting trial in a given year largely approximated that of prisoners in that same year, and showed the same fluctuations resulting from the aggravated or relaxed criminal policy in the country. The trends here have nothing in common with the actual dynamics of crime as such. The authors assume that the number of persons detained awaiting trial reflects decisions in the sphere of criminal policy rather than the actual changes in crime, the economic situation, or even severe political tensions. What is also characteristic of the practice in this respect is the fact of a faulty application of the discussed measure. In the years 1975–1989, at least every 111th and at most every 71st person previously detained awaiting trial was subsequently found not guilty by the court. In some years, there were over 500 such persons. The authors discuss preventive barriers defined by the Supreme Court which are to ban clearly unjustified detention. As follows from analysis of the practical application of conditions for pre-trial detention, the one most frequently quoted was the alleged considerable social danger of the crime. Repressive conditions prevailed over the purely procedural ones. ln order to find out about the actual dimensions of the problem of pre-trial detention, the authors consulted the data concerning the use of preventive measure not involving isolation in criminal proceedings (such measures being financial and non-financial pledge, police supervision, and safe-conduct; see Table 6). It turned out that in the years 1978-1990, preventive measures other than detention awaiting trial never amounted to more than 43,5 and to less than 18 per cent of all preventive measures applied. After the above-mentioned Art. 209 of the code of execution of penalties has been quashed, detention awaiting trial can only be executed in the houses of detention created and run by the Ministry of Justice (Art.Art. 4 and 83 of the code of execution of ponalties). On December 31, 1990, there were 65 such institutions in Poland. Twenty-seven of them had additional wards for convicted persons, while 48 prisons had special wards for those detained awaiting trial. Thus pre-trial detention could be executed in the total of 114 of the 151 institutions of the Prison Department. The houses of detention had the total capacity of 18,263 beds, while the number of detainees was 16,200; the discussed institutions were therefore populated in 88,7 per cent. The rights of the discussed category of detainees are specified in the Code of execution of penalties and by-laws of execution of pre-trial deteotion awaiting trial. What is particularly worthy of attention is the provision which states that the detainee enjoys rights that should at least equal those of a convicted person, and that the only limitations allowed in this sphere are those indispensable for securing the proper course of criminal proceedings, maintaining order and safety in the institution, and preventing mutual demoralization of detainees (Art. 86 para 1 of the Code of execution of penalties). A person detained awaiting trial has many legal measures at his disposal to protect his own rights in relation to the application and execution of detention. Thus the detainee can lodge a complaint with a supreme agency of the penitentiary administration (Art. 48 para 4 of the Code of execution of penalties); with the public prosecutor and penitentiary judge (Art.Art. 27–33 and 48 point 5); to the supreme State agencies, the National Ombudsperson included (Art. 48 point 5); he may apeal against a decision of the administration of the house of detention concerning the actual execution of that measure to the penitentiary court (Art. I4,l of the Code of execution of penaltes); he may also sue the Treasury for damage suffered during detention by guilt of functionaries of the penitentiary administration (Art.Art. 417–l9 of the Civil code); he may claim indemnity for obviously unjustified detention (Art.Art. 487–49l of the Code of criminal procedure); and he may bring legal action by virtue of infringement of his personal interests (Art.Art. 23–24 of the Civil code). As shown by experience, the persons detained awaiting trial either never resort to some of these means or do that ineffectively. The living conditions of the discussed category of detainees are specified mainly in the by-laws of pre-trial detention. Many faults and shortcomings have been found here in practice. Some of such faults were so drastic as to make it necessary to close several houses of detention in 1990 to mention just one example (the institutions were either liquidated or designed for repairs). The authors also assume an attitude towards the treatment of some categories of offenders (women, particularly dangerous detainees, persons with mental disorders, HIV carriers), and discuss the treatment of juvenile detainees. Ending the paper, the authors stress the gradual improvement in the treatment of detainees since 1989. It results both from the legislative changes and from a relatively liberal criminal policy. The legal and to some extent also the organizational conditions have been created for implementation of the rule of law. Further changes are necessary, though, including in particular the passing of a new Constitution and penal codes. The drafts of the latter suggest, many new solutions in the sphere of arrest and detention awaiting trial which would make those institutions meet the European standards. What can considered valuable are the trends towards limiting the application of the two measures, specifying the conditions of their application, importantly, extending the guaranties of detainees’ rights.

Isolation instruments applied to the perpetrator of domestic violence

58%

Kurniewicz A.

Biuletyn Kryminologiczny

2018

issue 25

148-163

Jednym z najważniejszych prawnych aspektów przeciwdziałania przemocy w rodzinie w zakresie zapewnienia ochrony i bezpieczeństwa ofarom jest odizolowanie od nich sprawcy. Do niedawna uważano, że państwo powinno zapewnić ofarom schroniska, do których mogłyby trafć w celu zapewnienia pomocy i kontynuowania życia z dala od agresora. Obecnie, coraz częściej mówi się o tym, że to sprawca powinien opuścić wspólny dom, a organy państwa powinny dysponować narzędziami służącymi do odizolowania sprawcy od ofary. Obecny katalog karnoprocesowych narzędzi przeciwdziałania przemocy, jak i cywilny nakaz opuszczenia lokalu z powodzeniem mogą być wykorzystane do szybkiego i skutecznego oddzielenia sprawców przemocy w rodzinie od osób dotkniętych skutkami ich działań. W praktyce są one stosowane zbyt rzadko bądź nieadekwatnie do okoliczności, co sprawia, że pomoc staje się nieskuteczna oraz nieefektywna. Poza tym podejście przedstawicieli organów realizujących zadania z zakresu przeciwdziałania zjawisku przemocy w rodzinie jest obarczone licznymi stereotypami, stosowane metody są szablonowe i niedostosowane do potrzeb ofar. Nastawienie organów przekłada się bezpośrednio na podejmowane przez nich działania w zakresie zaniechania dokonania określonych czynności procesowych, zwłokę w ich podejmowaniu czy też sposób i zakres zabezpieczenia interesów ofiar przemocy w rodzinie. Na zakończenie warto podkreślić, że wprowadzenie nowych uregulowań prawnych nie będzie miało wpływu na poprawę bezpieczeństwa ofiar przemocy, jeżeli dostępne instrumenty nie będą stosowane w praktyce. One of the most important legal aspects of counteracting domestic violence in ensuring protection and safety of victims is to isolate the perpetrator from them. Until recently, it was believed that the state should provide shelter for victims where they could ﬁnd help and continue their lives away from the aggressor. Currently, it is increasingly said that the perpetrator should leave the common home, and the state authorities should have tools to isolate the perpetrator from the victim. The current catalog of criminal process tools to counteract violence, as well as the civil order to leave the premises, can be successfully used to quickly and eﬀectively separate perpetrators of domestic violence from those aﬀected by their actions. In practice, they are used too rarely or inadequately to circumstances, which makes the aid ineﬀective. In addition, the approach of representatives of bodies implementing tasks in the ﬁeld of counteracting the phenomenon of domestic violence is burdened with numerous stereotypes, the methods often used are used as templates and unsuitable for the needs of victims. The attitude of the authorities translates directly into actions taken by them in the area of abandoning certain procedural acts, delay implementation and the manner and scope of safeguarding the interests of victims of domestic violence. In conclusion, it is worth noting that the introduction of new legal regulations will not aﬀect the improvement of the safety of victims of violence if the available instruments are not used in practice.

One of the most important legal aspects of counteracting domestic violence in ensuring protection and safety of victims is to isolate the perpetrator from them. Until recently, it was believed that the state should provide shelter for victims where they could ﬁnd help and continue their lives away from the aggressor. Currently, it is increasingly said that the perpetrator should leave the common home, and the state authorities should have tools to isolate the perpetrator from the victim. The current catalog of criminal process tools to counteract violence, as well as the civil order to leave the premises, can be successfully used to quickly and eﬀectively separate perpetrators of domestic violence from those aﬀected by their actions. In practice, they are used too rarely or inadequately to circumstances, which makes the aid ineﬀective. In addition, the approach of representatives of bodies implementing tasks in the ﬁeld of counteracting the phenomenon of domestic violence is burdened with numerous stereotypes, the methods often used are used as templates and unsuitable for the needs of victims. The attitude of the authorities translates directly into actions taken by them in the area of abandoning certain procedural acts, delay implementation and the manner and scope of safeguarding the interests of victims of domestic violence. In conclusion, it is worth noting that the introduction of new legal regulations will not aﬀect the improvement of the safety of victims of violence if the available instruments are not used in practice.

Rozmiary i uwarunkowania zachowań dewiacyjnych młodzieży wiejskiej

58%

Siemaszko A.

Archiwum Kryminologii

1986

issue XIII

7-108

In the years 1978-1979, a study of the extent and causes of deviant behaviour in older schoolchildren was carried out in Warsaw which included three thousand persons. boys and girls. Since there was a lack of comprehensive studies of the extent and causes of social maladjustment of the rural, youth in Poland' it was decided that this study should be repeated in typically agricultural regions. The study, carried out in late l981, was aimed at the following: to construct a Polish version of the self-report delinquency scale, to estimate the extent of deviant behaviour in the analyzed populations, and to determine the variables particularly closely related to deviant behaviour. The stratified random sample consisted of 2,144 persons (1,7O2 boys and 429 girls). They were students of 86 different grades of various secondary schools, and were aged 14- 19. The study was carried out by an anonymous questionnaire which contained 124 questions; among them. there were 42 questions - about the various types of deviant behaviour, while the remaining ones concerned the separate groups of independent variables. The data on the following groups of independent variables were collected:1. the attitudes towards the family, the past and present and future family situation, and the character of interactions within the family; 2. deviance in the environment; 3. the attitudes towards friends, the character of interactions with friends and the intensity of bonds with the reference groups; 4. the attitudes towards school and the learning progress; 5. attitudes towards the legal norms; 6. the appraisal of life prospects and of the chances for fulfilment of aims and aspirations by means of legitimate methods; 7. the system of values, outlook on life and attitude towards moral norms; 8. engagement in social, cultural and sports activities and the like. A distinct group were the so-called alcohol variables, analyzed separately and the socio-demographic variables. Moreover, the questionnaire contained a ninc-question lye scale. The dependent variable was an index of 42 questions about various types of deviant behaviour. The possible answers to all the questions were indentical: "never", "once or twice", "several times", "a dozen or more times" and "more often". The sum of the respondents' affirmative answers to the questions about deviant behaviour formed the so-called variety scale. The frequency scale resulted from summing up all types of answers to each of the questions. Since the correlation between the scales of variety and frequency exceeded r :0.90, the variety scale was used in the analysis. This was due to its simplicity and a greater easiness of statistical interpretation. Three groups of deviant behaviour were distinguished for the purposes of the analysis. The first of them were manifestations of behaviour given a working term of insubordination. Though not forbidden by the law, such behaviour is improper in consideration of age or represents a challenge to the authority of the parents" guardians. teachers etc. For instance. the following types of behaviour were included here: staying away from home all night without the parents' consent. running away from home, or smoking before the age of 14. The second group were acts of "dishonesty" also not penalized as a rule– e.g. failure to give a lost thing back to its owner, or steadling rides. The third and most important group were acts that bore the character of transgressions or offences. Among others, this category included brawls. beatings and other offences against person. robbery thefts. breaking and entering, receiving stolen property, and other offences against property. The examined young persons committed the following acts, most frequently: smoking before the age of 14. stealing rides. failure to give the change left from shopping back-to the parents (over 80f of affirmative answers), failure to give the change back to a shopkeeper, failure to give back a found object (over 70% of affirmatie answers). misdemeanour at school. beating. participation in a brawl (over 50% of affirmative answers). Most seldom they admited taking drugs, picking public telephones and slipping out of a pub without paying the bill (less than 10%, of the examined persons). Generally, about 35% of the examined boys (i.e. 583 persons) admitted having committed at least once a half of the, 42 acts included in the questionnaire. over 20% of boys had a high, and 7.7% a Very high level of deviance. In the Warsaw study. a very high level of deviance was found in 6.1%, of boys. Therefore, the percentage of boys with a high level of deviance is similar in both studies and nearing other Polish estimates of the extent of social maladjustment of the school youth. In the present study, hypotheses were verified which were derived from some of the most popular theories of deviance: i.a., Sutherland's theory of differential associations, Hirschi's control theory, Merton's aims – means theory, (and the related conceptions of Cloward and Ohlin), Sykes and Matza's theory of neutralization. Also certain hypotheses were verified indirectly that were derived from the Gluecks' multifactor conception and the labeling theory: The major findings were as follows: Family situation Four items of the questionnaire made together the scale of ties with the family. These were the following questions: "Do your parents try to understand your problems?'', "Do your parents trust you?, ,,Do you generally like to discuss your plans with your parents?", "Do you trust your parents?". The scale of family ties revealed a rather high negative correlation with the deviance scale (r = -0.34 for boys and. R = -0.28 for girls). It appeared that the lesser the sense of ties with the parents. the higher the tendency to deviant behaviour. Two questions concerned the general apprasal of the atmosphere at home and the degree of the respondents' identification with their families. A strong interdependence was found between the way of defining the atmosphere- at home and the level of deviance. .The respondents who scored highest on the deviance scale, defined their atmosphere at home as bad several times more frequently, and much more seldom as good or very good, as compared with the others. As regards the question whether the respondents would like their own future families to be similar to their parental homes, the distribution of answers was alike. Among the respondents who would not like it at all or rather would not like it, there were nearly three times more of those who scored highest on the deviance scale. The global index of the attitude towards the family (constructed with the answers to all questions concerning the ties and identification with the family) revealed a negative and rather high correlation with the deviance scale, both in the case of boys (r = -0.30) and of girls (r = -0.26). Thus it appeared that deviant behaviour is inversely related to family ties and identification. Those of the examined persons who revealed a nelative attitude towards their families scored significantly higher on the scale of deviance as compared with those whose appraisal of their homes was favourable. Deviance of the environment and attitudes towards friends There were four questions that concerned deviance in the environment, one of which ("Has any member of your closest family ever been convicted by the court?'') concerned the perceived intensity of deviance in the family. Both the boys and the girls whose family member had a criminal record had the highest level of deviance. This finding is of a great theoretical as well as practical value since it demonstrates the groundlessness of the frequently accepted assumption that the family is always the source of pro-social patterns of behaviour. Three questions concerned deviance of the environment, their construction aimed at reflecting various aspects of the problem both as regards the subjective and the objective point of view: the different intensity of deviance and range of environment. The questions were: "Did you ever happened to have problems at school, boarding-school or at home because of your friends?'', "Did any of your acquaintances have a case in a juveni1e court or court of general criminal jurisdiction?", "Are there many young persons in your environment who have troubles with the police?". The distribution of answers to these questions markedly differentiated the examined populations in respect to deviance. In the groups distinguished according to their level of deviance significant differences could be found as far as the deviance of the environment is concerned. The respondents whose level of deviance was the highest appeared to move significantly more often with decidedly negative circles. A scale of deviance in the environment was constructed of the above questions. Of all the scales included in the study, this one showed the highest correlation with deviant behaviour, both in the case of boys (r = 0.56) and of girls (r = 0.36). Instead, the distribution of answers to the questions about emotional ties with the reference groups, the degree of identification with these groups and the emotional stability failed to differentiate the examined populations in respect of the degree of deviance; this finding was a surprise. Attitudes towards the law There were three items in the questionnaire that concerned the attitude towards the law: "The law should be observed"; "Most of the acts people term offences actually cause no harm at all to anybody''' and "In order to get a position in life, lawless behaviour is indispensable"; the latter two were at the same time an operationalization of the Sykes and Matza's techniques of neutralization. Opinions denying or aggreeing with the statement concerning the harmlessness of offences were the 1east important in the differentiation of the examined populations in respect to the level of deviance. This variable was also least correlated with the general scale of altitudes towards the law. On the other hand, the remaining two variables of this groups did differentiate the respondents well in respect of the level of deviant behaviour. The most discriminating was the question in what situations the law should be observed. The respondents who were\of opinion that "law should always be observed irrespective of the situation'' appeared to reveal the lowest level of deviance. Instead, among the resolute legal nonconformists (,,you can break the law whenever you are certain that you will escape punishment"), those prevailed who scored highest on the deviance scale. The scale of attitudes towards the law was moderately but significantly correlated with the deviance scale, though the relationship of the presently discussed scale with that of deviance was less marked than it was the case with the scales of deviance of environmental and of the attitudes towards the family. The perceived life-chances and material situation Two of the questions concerned the perceived life prospects that can be fulfilled by legitimate means: "what is your estimation of your life prospects as compared with those of the others?", and "Will you be able to get a good job after school?". The differences in the distributions of answers to the above questions in respect of the level of deviance were not great; however. they were significant. The "worst" respondents somewhatimore often had pessimistic, and the "best" ones - optimistic views. However, the constructed index of legitimate opportunities (which consisted of the above two questions failed to reveal a significant relation to deviant behaviour. This means that the sense of blocked opportunities for promotion and success (operationalized as above) is not related to deviant behaviour. The more so as the question about the respondents' estimation of their family material standing - though it differentiated the answers in respect of the level of deviance - also revealed a very small correlation with the scale of deviance (about 0.10). Perception of life prospects and opportunities was also analyzed from a somewhat different point of view. Namely, the respondents were asked whether in their opinion connections were necessary to get a god job. and whether it was possible to succeed in life through good honest work. These questions composed the variable "illegitimate opportunities". Constructed so as to make it complementary in relation to the variable "legitimate opportunities". An attempt was also made to ascertain to what degree this variable was correlated with the attitude towards the law. The questions about the chances of fulfilment of success goals through illegitimate means differentiated the examined populations in respect of the level of deviance. The "worst" respondents stated significantly more frequently that honest work did not lead to success in life. and that connections were necessary to get a good job. It was interesting to find that the variable "illegitimate opportunities'' was moderately correlated both with the attitude towards the law and with the "legitimate opportunities''. It was a moderately good predictor of deviant behaviour since it was correlated with the deviance scale at about 0.20 for boys as well as for girls. Values, moral principles and outlook on life Values treasured most frequently (love, friendship. happy home - over 75% (of all choices) failed to differentiate the examined populations in respect of their deviance. Of the remaining ten values, deep religious faith was chosen most frequently by the "best'' respondents, and acquiring individuality as well as learning to "be oneself' - by the ,,worst'' ones. The question about the stability of moral principles (three "types" of morality were distinguished: strict, situational and nihilistic) completely failed to differentiate the group of respondents Separated according to their Scores on the scale of deviance. There were among the moral nihilist as many of the "worst" as of the "best" respondents. The possible answers concerning the attitude towards religion ranged from: "I 'm a decided adherent of secular views" to: "I'm deeply religious". Generally speaking. This question provided but a poor differentiation in respect of the level of deviance. Since nearly 90% of the examined persons were at least "not-Church-going believers". Those of the examined persons who were deeply religious were an exception. In this group, the level of deviance of this group was decidedly the lowest. Involvement in conventional activities Of the three questions about activities consistent with the norms (active participation in youth organizations, hobbies, participation in organized leisure activities), none appeared to differentiate the examined group in respect of the level of deviance. Instead, the questions about school achievements ("Are you a good, bad or average student?") and about learning motivation ("What is for you the importance of being a good student?") were strongly related to deviance. The "worst" respondents much more often declared themselves to be bad students and admitted not caring about learning. At the same time, the variable of motivation was a much better predictor of deviance (r= -0.27) than the actual learning achievements (r= -0.11). Of the considered models of deviance, the most strongly confirmed was the theory of differential associations. This may be concluded from the following premises. Firstly, the variable of "devince of the environment'' and its separate elements revealed the highest correlation with the deviance scale. The test of significance of the differences of the value of correlation coefficients justifies the rejection of the null hypothesis as to their random character. Both the question about deviance among the closest friends, and those about deviance in a broader surroundings. revealed a much stronger correlation with deviant behaviour than the remaining variables. Also the question about deviance in the family appeared relate to deviant behaviour. In the light of the results obtained, not only a deviant peer group, but also a deviance in the family seem to be conducive to deviance. The adherents of the opinion that deviance precedes deviant associations would find it difficult to argue that it was the deviance in the examined persons that led to deviance in their families. Also the way in which the variable ,, deviance of the environment" is correlated with other variables speaks against the opinion that deviance precedes deviant associations since this variable a also revealed rather high correlation with deviant attitudes, the attitude towards learning at school and towards the family. Moreover, the relationship between the variable "deviance of environment" and ,,deviant behavior” was found to increase with age which is consistent with the known of importance of peer groups in the life of youths and their growing effect. On the other hand the result in question is difficult to interpret in the terms of alternative hypotheses: the "criminal tendencies" or ,.deviant impulses’’ should after all be constant and do not change with time. Still another finding should be mentioned here. In spite of the fact that girls generally have stronger ties with their parents as compared with boys, the correlation of the attitudes towards the family with deviant behaviour was found to be smaller in the group of girls than in the group of boys. Instead, against expectations, the deviance of the environment also revealed the highest correlation with deviant behaviour in the group of girls. Hirschi's control theory was much less confirmed by the findings of the present study. Of the four elements of bonds only the attachment to the, parents were rather strongly supported. On the other hand, hypotheses derived from the remaining elements of Hirschi.s conception were not confirmed at all (e.g. no confirmation at all was found of Hirsci’s argument that high degree of involvement in conventional types of activity is negatively related to deviance) or confirmed but to a small extent (e.g. the relationship between the school achievements and deviance). Besides the attitudes towards the family, only the attitude towards learning at school proved to be consistent with Hirschi's theory. On the other hand, in spite o| the principal hypothesis of the control theory the most isolated respondents failed to reveal a significantly higher level of deviance. Thus the conception of a solitary deviant promoted by Hirschi appears not tanable in the light of the obtained results. To sump up, if one had to decide basing on the findings of the present study which of the discussed theories was confirmed to a greater degree, it could be concluded that the theory of differential associations was confirmed to greater extent than Hirschi's control theory. On the other had, the results of the study do not seem to speak for Merton’s aims-means theory or the conception of differential opportunities of Cloward and Ohlin. Also some of the statements of the labelling approach failed to find confirmation.

In the years 1978-1979, a study of the extent and causes of deviant behaviour in older schoolchildren was carried out in Warsaw which included three thousand persons. boys and girls. Since there was a lack of comprehensive studies of the extent and causes of social maladjustment of the rural, youth in Poland' it was decided that this study should be repeated in typically agricultural regions. The study, carried out in late l981, was aimed at the following: to construct a Polish version of the self-report delinquency scale, to estimate the extent of deviant behaviour in the analyzed populations, and to determine the variables particularly closely related to deviant behaviour. The stratified random sample consisted of 2,144 persons (1,7O2 boys and 429 girls). They were students of 86 different grades of various secondary schools, and were aged 14- 19. The study was carried out by an anonymous questionnaire which contained 124 questions; among them. there were 42 questions - about the various types of deviant behaviour, while the remaining ones concerned the separate groups of independent variables. The data on the following groups of independent variables were collected:1. the attitudes towards the family, the past and present and future family situation, and the character of interactions within the family; 2. deviance in the environment; 3. the attitudes towards friends, the character of interactions with friends and the intensity of bonds with the reference groups; 4. the attitudes towards school and the learning progress; 5. attitudes towards the legal norms; 6. the appraisal of life prospects and of the chances for fulfilment of aims and aspirations by means of legitimate methods; 7. the system of values, outlook on life and attitude towards moral norms; 8. engagement in social, cultural and sports activities and the like. A distinct group were the so-called alcohol variables, analyzed separately and the socio-demographic variables. Moreover, the questionnaire contained a ninc-question lye scale. The dependent variable was an index of 42 questions about various types of deviant behaviour. The possible answers to all the questions were indentical: "never", "once or twice", "several times", "a dozen or more times" and "more often". The sum of the respondents' affirmative answers to the questions about deviant behaviour formed the so-called variety scale. The frequency scale resulted from summing up all types of answers to each of the questions. Since the correlation between the scales of variety and frequency exceeded r :0.90, the variety scale was used in the analysis. This was due to its simplicity and a greater easiness of statistical interpretation. Three groups of deviant behaviour were distinguished for the purposes of the analysis. The first of them were manifestations of behaviour given a working term of insubordination. Though not forbidden by the law, such behaviour is improper in consideration of age or represents a challenge to the authority of the parents" guardians. teachers etc. For instance. the following types of behaviour were included here: staying away from home all night without the parents' consent. running away from home, or smoking before the age of 14. The second group were acts of "dishonesty" also not penalized as a rule– e.g. failure to give a lost thing back to its owner, or steadling rides. The third and most important group were acts that bore the character of transgressions or offences. Among others, this category included brawls. beatings and other offences against person. robbery thefts. breaking and entering, receiving stolen property, and other offences against property. The examined young persons committed the following acts, most frequently: smoking before the age of 14. stealing rides. failure to give the change left from shopping back-to the parents (over 80f of affirmative answers), failure to give the change back to a shopkeeper, failure to give back a found object (over 70% of affirmatie answers). misdemeanour at school. beating. participation in a brawl (over 50% of affirmative answers). Most seldom they admited taking drugs, picking public telephones and slipping out of a pub without paying the bill (less than 10%, of the examined persons). Generally, about 35% of the examined boys (i.e. 583 persons) admitted having committed at least once a half of the, 42 acts included in the questionnaire. over 20% of boys had a high, and 7.7% a Very high level of deviance. In the Warsaw study. a very high level of deviance was found in 6.1%, of boys. Therefore, the percentage of boys with a high level of deviance is similar in both studies and nearing other Polish estimates of the extent of social maladjustment of the school youth. In the present study, hypotheses were verified which were derived from some of the most popular theories of deviance: i.a., Sutherland's theory of differential associations, Hirschi's control theory, Merton's aims – means theory, (and the related conceptions of Cloward and Ohlin), Sykes and Matza's theory of neutralization. Also certain hypotheses were verified indirectly that were derived from the Gluecks' multifactor conception and the labeling theory: The major findings were as follows: Family situation Four items of the questionnaire made together the scale of ties with the family. These were the following questions: "Do your parents try to understand your problems?'', "Do your parents trust you?, ,,Do you generally like to discuss your plans with your parents?", "Do you trust your parents?". The scale of family ties revealed a rather high negative correlation with the deviance scale (r = -0.34 for boys and. R = -0.28 for girls). It appeared that the lesser the sense of ties with the parents. the higher the tendency to deviant behaviour. Two questions concerned the general apprasal of the atmosphere at home and the degree of the respondents' identification with their families. A strong interdependence was found between the way of defining the atmosphere- at home and the level of deviance. .The respondents who scored highest on the deviance scale, defined their atmosphere at home as bad several times more frequently, and much more seldom as good or very good, as compared with the others. As regards the question whether the respondents would like their own future families to be similar to their parental homes, the distribution of answers was alike. Among the respondents who would not like it at all or rather would not like it, there were nearly three times more of those who scored highest on the deviance scale. The global index of the attitude towards the family (constructed with the answers to all questions concerning the ties and identification with the family) revealed a negative and rather high correlation with the deviance scale, both in the case of boys (r = -0.30) and of girls (r = -0.26). Thus it appeared that deviant behaviour is inversely related to family ties and identification. Those of the examined persons who revealed a nelative attitude towards their families scored significantly higher on the scale of deviance as compared with those whose appraisal of their homes was favourable. Deviance of the environment and attitudes towards friends There were four questions that concerned deviance in the environment, one of which ("Has any member of your closest family ever been convicted by the court?'') concerned the perceived intensity of deviance in the family. Both the boys and the girls whose family member had a criminal record had the highest level of deviance. This finding is of a great theoretical as well as practical value since it demonstrates the groundlessness of the frequently accepted assumption that the family is always the source of pro-social patterns of behaviour. Three questions concerned deviance of the environment, their construction aimed at reflecting various aspects of the problem both as regards the subjective and the objective point of view: the different intensity of deviance and range of environment. The questions were: "Did you ever happened to have problems at school, boarding-school or at home because of your friends?'', "Did any of your acquaintances have a case in a juveni1e court or court of general criminal jurisdiction?", "Are there many young persons in your environment who have troubles with the police?". The distribution of answers to these questions markedly differentiated the examined populations in respect to deviance. In the groups distinguished according to their level of deviance significant differences could be found as far as the deviance of the environment is concerned. The respondents whose level of deviance was the highest appeared to move significantly more often with decidedly negative circles. A scale of deviance in the environment was constructed of the above questions. Of all the scales included in the study, this one showed the highest correlation with deviant behaviour, both in the case of boys (r = 0.56) and of girls (r = 0.36). Instead, the distribution of answers to the questions about emotional ties with the reference groups, the degree of identification with these groups and the emotional stability failed to differentiate the examined populations in respect of the degree of deviance; this finding was a surprise. Attitudes towards the law There were three items in the questionnaire that concerned the attitude towards the law: "The law should be observed"; "Most of the acts people term offences actually cause no harm at all to anybody''' and "In order to get a position in life, lawless behaviour is indispensable"; the latter two were at the same time an operationalization of the Sykes and Matza's techniques of neutralization. Opinions denying or aggreeing with the statement concerning the harmlessness of offences were the 1east important in the differentiation of the examined populations in respect to the level of deviance. This variable was also least correlated with the general scale of altitudes towards the law. On the other hand, the remaining two variables of this groups did differentiate the respondents well in respect of the level of deviant behaviour. The most discriminating was the question in what situations the law should be observed. The respondents who were\of opinion that "law should always be observed irrespective of the situation'' appeared to reveal the lowest level of deviance. Instead, among the resolute legal nonconformists (,,you can break the law whenever you are certain that you will escape punishment"), those prevailed who scored highest on the deviance scale. The scale of attitudes towards the law was moderately but significantly correlated with the deviance scale, though the relationship of the presently discussed scale with that of deviance was less marked than it was the case with the scales of deviance of environmental and of the attitudes towards the family. The perceived life-chances and material situation Two of the questions concerned the perceived life prospects that can be fulfilled by legitimate means: "what is your estimation of your life prospects as compared with those of the others?", and "Will you be able to get a good job after school?". The differences in the distributions of answers to the above questions in respect of the level of deviance were not great; however. they were significant. The "worst" respondents somewhatimore often had pessimistic, and the "best" ones - optimistic views. However, the constructed index of legitimate opportunities (which consisted of the above two questions failed to reveal a significant relation to deviant behaviour. This means that the sense of blocked opportunities for promotion and success (operationalized as above) is not related to deviant behaviour. The more so as the question about the respondents' estimation of their family material standing - though it differentiated the answers in respect of the level of deviance - also revealed a very small correlation with the scale of deviance (about 0.10). Perception of life prospects and opportunities was also analyzed from a somewhat different point of view. Namely, the respondents were asked whether in their opinion connections were necessary to get a god job. and whether it was possible to succeed in life through good honest work. These questions composed the variable "illegitimate opportunities". Constructed so as to make it complementary in relation to the variable "legitimate opportunities". An attempt was also made to ascertain to what degree this variable was correlated with the attitude towards the law. The questions about the chances of fulfilment of success goals through illegitimate means differentiated the examined populations in respect of the level of deviance. The "worst" respondents stated significantly more frequently that honest work did not lead to success in life. and that connections were necessary to get a good job. It was interesting to find that the variable "illegitimate opportunities'' was moderately correlated both with the attitude towards the law and with the "legitimate opportunities''. It was a moderately good predictor of deviant behaviour since it was correlated with the deviance scale at about 0.20 for boys as well as for girls. Values, moral principles and outlook on life. Values treasured most frequently (love, friendship. happy home - over 75% (of all choices) failed to differentiate the examined populations in respect of their deviance. Of the remaining ten values, deep religious faith was chosen most frequently by the "best'' respondents, and acquiring individuality as well as learning to "be oneself' - by the ,,worst'' ones. The question about the stability of moral principles (three "types" of morality were distinguished: strict, situational and nihilistic) completely failed to differentiate the group of respondents Separated according to their Scores on the scale of deviance. There were among the moral nihilist as many of the "worst" as of the "best" respondents. The possible answers concerning the attitude towards religion ranged from: "I 'm a decided adherent of secular views" to: "I'm deeply religious". Generally speaking. This question provided but a poor differentiation in respect of the level of deviance. Since nearly 90% of the examined persons were at least "not-Church-going believers". Those of the examined persons who were deeply religious were an exception. In this group, the level of deviance of this group was decidedly the lowest. Involvement in conventional activities Of the three questions about activities consistent with the norms (active participation in youth organizations, hobbies, participation in organized leisure activities), none appeared to differentiate the examined group in respect of the level of deviance. Instead, the questions about school achievements ("Are you a good, bad or average student?") and about learning motivation ("What is for you the importance of being a good student?") were strongly related to deviance. The "worst" respondents much more often declared themselves to be bad students and admitted not caring about learning. At the same time, the variable of motivation was a much better predictor of deviance (r= -0.27) than the actual learning achievements (r= -0.11). Of the considered models of deviance, the most strongly confirmed was the theory of differential associations. This may be concluded from the following premises. Firstly, the variable of "devince of the environment'' and its separate elements revealed the highest correlation with the deviance scale. The test of significance of the differences of the value of correlation coefficients justifies the rejection of the null hypothesis as to their random character. Both the question about deviance among the closest friends, and those about deviance in a broader surroundings. revealed a much stronger correlation with deviant behaviour than the remaining variables. Also the question about deviance in the family appeared relate to deviant behaviour. In the light of the results obtained, not only a deviant peer group, but also a deviance in the family seem to be conducive to deviance. The adherents of the opinion that deviance precedes deviant associations would find it difficult to argue that it was the deviance in the examined persons that led to deviance in their families. Also the way in which the variable ,, deviance of the environment" is correlated with other variables speaks against the opinion that deviance precedes deviant associations since this variable a also revealed rather high correlation with deviant attitudes, the attitude towards learning at school and towards the family. Moreover, the relationship between the variable "deviance of environment" and ,,deviant behavior” was found to increase with age which is consistent with the known of importance of peer groups in the life of youths and their growing effect. On the other hand the result in question is difficult to interpret in the terms of alternative hypotheses: the "criminal tendencies" or ,.deviant impulses’’ should after all be constant and do not change with time. Still another finding should be mentioned here. In spite of the fact that girls generally have stronger ties with their parents as compared with boys, the correlation of the attitudes towards the family with deviant behaviour was found to be smaller in the group of girls than in the group of boys. Instead, against expectations, the deviance of the environment also revealed the highest correlation with deviant behaviour in the group of girls. Hirschi's control theory was much less confirmed by the findings of the present study. Of the four elements of bonds only the attachment to the, parents were rather strongly supported. On the other hand, hypotheses derived from the remaining elements of Hirschi.s conception were not confirmed at all (e.g. no confirmation at all was found of Hirsci’s argument that high degree of involvement in conventional types of activity is negatively related to deviance) or confirmed but to a small extent (e.g. the relationship between the school achievements and deviance). Besides the attitudes towards the family, only the attitude towards learning at school proved to be consistent with Hirschi's theory. On the other hand, in spite o| the principal hypothesis of the control theory the most isolated respondents failed to reveal a significantly higher level of deviance. Thus the conception of a solitary deviant promoted by Hirschi appears not tanable in the light of the obtained results. To sump up, if one had to decide basing on the findings of the present study which of the discussed theories was confirmed to a greater degree, it could be concluded that the theory of differential associations was confirmed to greater extent than Hirschi's control theory. On the other had, the results of the study do not seem to speak for Merton’s aims-means theory or the conception of differential opportunities of Cloward and Ohlin. Also some of the statements of the labelling approach failed to find confirmation.

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Prawa człowieka a zatrzymanie i tymczasowe aresztowanie w polskim prawie i praktyce jego stosowania

Isolation instruments applied to the perpetrator of domestic violence

Rozmiary i uwarunkowania zachowań dewiacyjnych młodzieży wiejskiej