Search results

1

Narativní kriminologie: představení hlavních konceptů a teoretických východisek

100%

Walach V.

Česká kriminologie (Czech Criminology)

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2023

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vol. 8

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issue 1

1-30

EN

This paper aims to introduce narrative criminology to Czech readers as a recent but rapidly developing approach to the study of criminal and harmful behaviour. Drawing on different theoretical traditions in narrative inquiry, from narrative psychology to postmodernism, narrative criminologists see the narrative as a factor of engagement or abstinence from criminal and/or harmful conduct. They also examine the relationships between stories and crime control and stories and victimization. The focus of this study is to analyze the theoretical framework of narrative criminology, including (1) the definition and conceptualization of the narrative, (2) narrative mechanisms constituting action, (3) types of narrative, (4) the relationship between narrative, power and social inequality, and (5) the role of context in the co-production of the narrative and the possibilities of its analysis. The conclusion summarizes the presented information and discusses possible uses of narrative criminology in a Czech context.

2

Learning to Change: Restorative Responses to Wrongdoing

99%

Wright M.

Archiwum Kryminologii

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2008

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issue XXIX-XXX

895-904

3

Zabójstwa w Polsce w latach 1951–1971 oraz sprawcy zabójstw w świetle akt sądowych (streszczenie wyników badań)

87%

Janowska H.

Archiwum Kryminologii

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1974

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issue VI

179-187

EN

Summary of the Investigation This study is devoted to an analysis of homicide in Poiand during the 20 years 1951-1971 as compared with the pre-war period. This part of investigation is based on data taken from the police and prosecutor’s office statistics from before the war and for the years 1951-1971. The analysis deals also with the court records’ data on 308 offenders convicted for homicide throughout the country in the year 1961. The offenders represented almost all the persons convicted during that year for crimes covered by Arts. 225, paras 1 and 2 of the Penal Code of 1932. As many as 75 per cent of them were convicted for committed and 25 per cent for attempted homicides. The incidence of homicide was during the pre-war period more than five times that during the 25 years after the war. The social reasons for this phenomenon undoubtedly involve the important socio-economic and cultural transformations which have taken place in the country since the war. The diminished frequency of acts of homicide was brought about by changes in the social structure, an increase in the range of values made universally accessible, a rising level of culture and education, and changes in certain behavioural patterns. As between pre-war times and the last few years, a significant dynamic aspect in the territorial distribution of homicide has been noticeable; fundamentally, this is a change in the trend of dependence between the rate of homicide and the level of industrialization and urbanization. In the years 1935-1937, this dependence was negative, the greatest rate of homicide being recorded in the economically backward regions of eastern and southern Poland. In the years 1956-1962, this dependence persisted but at the same time the highest coefficient of homicide was noted in areas with an extremely high level of industrialization. In the years 1963-1965 there was an interdependence between the homicide rate and the low level of industrialization and urbanization; the highest coefficient of these crimes appears at that time in voivodeships marked by a high ‒ or an extremely low ‒ level of industrialization and urbanization. In recent years, 1969-1971, the dependence between the homicide rate and the low level of industrialization and urbanization further decreased, but the dependence of the high coefficient of homicide on the high level of industrialization became still more obvious. The highest homicide rate before the war in markedly agricultural areas of what was then called Poland “B” is to be linked with, above all, the influence exerted by such factors as: low level of economic development of these regions, low level of culture and education, the local type of social bonds, favouring ‒ in the then existing conditions ‒ lynch law, the spread of models called “subculture of aggression”. The fact that after the war (with a coefficient of homicide less than one-fifth of the former) a relatively higher coefficient of homicide remained unchanged in the eastern voivodeships is to be connected, above all, with residues of the pre-war situation which were of a cultural nature and whose influence ‒ because of the urbanization of rural culture ‒ was expected to diminish. This hypothesis finds confirmation in the results of the analysis of statistitical data for the years 1956-1971 related to the dynamic changes in the territorial distribution of homicide. Analyzing the reasons for a greater homicide rate in the western voivodeships, and even of tendencies indicating increase in the homicide coefficient in these areas, primarily taken into account should be the enormous intensification of social migration processes and the rapid rate of industrialization and urbanization of these regions. As regards the first of these factors, it should be borne in mind that the coefficient of homicide in the various voivodeships is greater in voivodeships with a higher percentage of people frorn those areas of Poland which before the war were known for a high coefficient of the crime of homicide. In conditions inevitably giving rise to social frustrations, there is an increased probability of homicide by people with certain psycho-social features. It should be emphasized that the offenders examined were in the majority of cases individuals marked by serious personality disorders and not having had even primary school education or any professional qualifications. Not without significance seems to be the fact that the overwhelming majority of such came from environments where aggressive behavioural patterns had been widespread. The indirect influence of social factors on the frequency of homicide seems to be insignificant in the case of people who commit such a crime in states of mind definable as psychotic, giving rise to irresponsibility. This assumption found confirmation in data from some other countries indicating that during a period when there is an increase in homicide, no increasing number of homicides by mentally ill people is to be observed. There seems, however, no doubt as to the influence of factors of a social nature on homicide by people who are not mentally sick but suffer from psychic anomalies. Among offenders examined by court psychiatrists (70.4% of the total in the court record material studied) 69.8 had psychic anomalies of various kinds; this fact is to be connected with their difficulties in social adjustment as well as with violent, extremely aggressive reactions to frustrating situations. Analyzing by comparison with the years before the war, the structure of motives for homicide, on the basis of court records, it was found that in the categories of motives differentiated in pre-war works by P. Horoszowski, the following changes have taken place as regards the number of convictions for homicides with given motives. The annual number of convictions for homicide with economic motives decreased five times (by approximately 300 cases); homicides for erotic motives less than two and a half times (by approximately 100); in defence of honour and person ‒ five times (by over 500); and infanticide ‒ also five times (by about 70). Examining the structure of motives for homicide ‒ i.e., the proportional share of convictions appropriate to the various categories ‒ it was found that the number of convicted offenders decreased by 7% as regards economic motives and defence of honour and person, and increased by about 14% in the category of homicides with erotic motives, while the percentage of convictions for child murder remained in the general structure of motives unchanged. Although the results of research on court records of one year are in principle insufficient as a basis for generalization in regard to a longer period of time, nevertheless we feel justified in generalizing the basis of statistical data supplied by the police. Such data enables the statement that there is a similarity between the average annual number of cases of homicide in the various categories of motives for the years 1962-1964 and 1968-1970. Since, moreover, the all-over number of cases of homicide for those years also reveals similarities, it may be concluded that the structure of motives for homicide in those periods was relatively stable. Changes in the structure of motives for homicide since the war period may, as compared with the pre-war period be attributed primarily to the changes in the structure of classes and strata in Poland and to changes in the hierarchy of socially accepted values. The typology of motives for homicide followed F. Horoszowski’s typology, which served as a basis for analysis of court records before the war but had to be extended for the purpose of this work. An effort has been made to find out whether offenders prompted by different motives differ essentially in respect to socio-demographic and psycho-social features. It was found that offenders, whether prompted by economic or erotic motives, or acting in defence of their personal dignity, etc., did not differ essentially as regards the features indicated above. But such differences can be observed when in the grouping of cases account is taken of, in addition to the motive for a crime, the objective situation on the background of which such motive took shape. Typotogy of the material examined, developed as indicated, led to the establishing of the following groups: (1) homicide in defence of personal dignity, arising out of a serious, developing conflict between the offender and the victim (26 cases); (2) homicide in defence of personal dignity, arising from a momentary, trivial conflict caused by the insobriety of the offender (40 cases); (3) homicide in defence of personal dignity during a brawl arising out of a trivial, passing conflict, caused by the insobriety of the offender (21 cases); (4) homicide for erotic reasons, arising out of the victim’s failure to satisfy the slayer’s emotional expectations (excluded are marital conflicts, caused by the slayer-husband’s alcoholism) ‒ 32 cases; (5) homicide with erotic motives connected with marital conflict, arising out of the slayer-husband’s alcoholism (32 cases); (6) homicide with erotic motives, to eliminate someone who constituted an obstacle to the offender’s realization of a plan to marry (18 cases); (7) homicide with economic motives arising out of claims to property (36 cases); (8) homicide with economic motives with intent to rob (29 cases); (9) homicide in self-defence or in defence of intimates (27 cases); (10) homicide to eliminate a witness to another crime committed by the offender (6 cases); (11) child-murder, as a rule of illegitimate infants, for various motives (23 cases), (a) by women (17 cases), (b) by men (6 cases); (12) homicide with pathological motives, arising out of a pathological reaction to intoxication (12 cases); (13) murder with pathological motives, arising out of a pathological way of achieving sexual satisfaction (6 cases). Note that the homicide category with the largest number of cases is that in defence of personal dignity (over 28%), including homicide for trivial reasons, a momentary confiict, arising out of the slayer’s being intoxicated (in police statistics such homicides figure as “hooligan”' killings; in literature ‒ often as “homicide arising from alcoholic motive”). Of the total of slayers examined, 90% were men. Of those ‒ 51% were under 30 years of age, and of female slayers ‒ 47%. 41% of male and 61% of the female offenders were single. From among male offenders 60% of them lived in the countryside, and from among female ones ‒ 63%. As many as 58% of offenders of both sexes had failed to complete primary school education (56% of men and 72% of women). Only 7% of the male and 9% of the female offenders were white collar workers. Analysis of the symptoms of social degradation among homicidals, showed that in only half of the cases was there evidence of intensification of such symptoms, which appearing together, indicated previous social deviance of the individual. Thus among the examined men 43% had already been tried for previous criminal offences before they were convicted of homicide; 22% of the total had been convicted once, 11% ‒ twice, and only 10% three times or more (among women there was not a single case of having 3 prior convictions). As to the structure of previous offences, it was found that there was a predominance (54.5%) of offences involving theft; 23% were offences combined with physical aggression, but of these only 17 out of a total of 75 could be considered serious (four involving manslaughter, 1 a brawl ending fatally, 5 serious bodily injuries, and 7 robberies). 58% of the total of homicidals systematically drank alcohol to excess (large quantities at least several times a week) and 68% of offenders were under the influence of alcohol at the moment of the crime. Alcohol is undoubtedly a very significant factor in the etiology of homicide; it plays an essential criminogenic role, especially as regards the very frequent cases in which an intoxicated offender simultaneously had serious disorders of personality. Data concerning recurrence of aggressive behaviour by offenders prior to the homicide were found in the court records of 65% of the cases; 60% of these received adverse references from their places of residence or of work. Only 20% did not work during the period preceding the homicide. The data given above show that not all homicidals reveal features indicating previous social maladjustment. In this connection, an examination was made of the correlation between certain psycho-social features o the criminals and the motives which prompted them to homicide. A statistical analysis, on the basis of which groups of the most strongly correlated variables were formed enabled further typology of groups of homicides differentiated according to motives. The principle of this typology was the connection between certain groups of homicides and the syndromes of psychosocial features, considered negative or “positive” from the point of view of social evaluation. Groups most strongly correlated with syndromes of negative features thus included individuals who had committed such crimes as: homicide with intent to rob; homicide in defence of own dignity arising out of a trifling, momentary conflict caused by the insoberity of the offender, homicide for erotic motives arising out of conflict caused by the offenderhusband’s alcoholism, homicide arising out of the offender’s pathological reaction caused by alcohol. It was found that the groups of offenders most markedly correlated with the “positive” syndrome of psycho-social features from the point of view of social evaluation were: homicide occurring in defence of personal dignity; arising out of a seriously gnowing conflict between slayer and victim; homicide with erotic motives aimed at the elimination of someone regarded as an obstacle to the realization of an offender’s plans to marry; homicide with economic motives arising out of claims to property; homicide in self-defence; child-murder committed by women. Of interest is the fact that in the light of court records a considerable majority of slayers (approximately 80%), men as well as women, committed homicide under the influence of strong negative emotional states, prolonged and belonging to affective experiences of the type frequently qualified in criminology and psychopathological literature as “states of continuous affect”. Only in about 10% of homicides did the records not reveal any intensified emotional stress on the part of the slayers – neither in the form of prolonged emotional stress nor in the form of marked exasperation arising directly before the homicide and caused by the victim’s aggressive, provocative behaviour. A mere 17% of the cases examined could be considered homicide “with malice aforethought”; this also includes homicide committed under considerable affect. The courts considered onry14.5% of the total of offenders to have committed their crimes “under the influence of strong emotion”, and applied para. 2, Art. 225 of the penal code (of 1932). Note that in the years 1961-1965 the courts invoked para. 2, Art. 225 of the penal code in connection with – annual average – only 14.7% of the total of individuals convicted of homicide, and in the years 1966-1971 in connection with a bare 10.3%. But during the pre-war years 1934-1937, of all cases of homicide, an average of 49% were considered by the court as having been committed under the influence of strong emotion. Data from the records examined as regards homicide victims are very scant and incomplete. Thus this work took into account only information related to the connections between the offender and victim and such features as: sex, age and state of sobriety at the time the offence was committed and also data contained in opinions given about the victims. It is of some interest that such features of the victims differed, depending on whether the offender was a man or woman. Close relatives constituted as much as 53% of the total of victims of female offenders and only 9% – of the males. On the other hand, there was marked similarity as regards the percentage of husband or wife as victims, of the partner, lover or fiancé (fiancée). In the case of men this percentage amounted to 24%, of women – 21%. The percentage of more distant relatives as homicide victims was 10.4% for men and only 3% for women. The percentage of victims unknown to slayers was fon men – 13% and for women 12%. Entirely different as between the sexes of offenders was the percentage of their victims who were closer or more distant friends: for men – 43%, and for women only 12%. 60.4% of the victims of offenders (men and women) were men, 37% – women and 2.6% – children of both sexes. Consideration of the age of homicide victims showed that the average age of victims was slightly higher than the average age of offenders, being on an average around 35 years (children excluded). Approximately 45% of the victims were given unfavourable references and in 45.5% of the cases the victims were in a state of insobriety at the time the crime was committed. The undoubtedly important role played by the victim in provoking of some of the homicides could not be examined in this work, due to the lack in appropriate records of more detailed characteristic traits of the victims and the lack of analysis of the circumstances preceding the murder.

4

Interviews with men convicted of rape: reflections and lessons of a female researcher in a male Delhi prison

86%

Pandey M.

Gender a výzkum / Gender and Research

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2023

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vol. 24

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issue 1

135-158

EN

Research involving prisoners is a vital source of information on crime but is often fraught with several challenges. This article presents an analysis of one of the first prison researches conducted in India with men convicted of rape. It examines and expands on the nuances of interacting with men convicted of rape and exploring a range of deeply personal questions with them. The research analysis attempts to highlight the impact of the researcher’s positionality on offender accounts by also discussing social proximity and gender. This article contributes to the broader discourse around conducting qualitative research in prisons.

5

Diagnoza penitencjarna sprawców przestępstw

72%

Friedrich W.

Resocjalizacja Polska

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2015

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issue 9/2015

43-54

PL

Jednym z podstawowych standardów wykonywania kary pozbawienia wolności jest jej indywidualizacja, czyli zróżnicowanie oddziaływań, polegające na dostosowaniu ich do osobowości skazanego oraz celów wykonania kary. Prawidłowo przeprowadzona diagnoza psychologiczna, a szczególnie diagnoza penitencjarna powinna dobrze opisywać badane zjawisko. Diagnoza penitencjarna powinna obejmować opis obrazu klinicznego osoby pozbawionej wolności oraz podstawowe wskazania resocjalizacyjne. Opracowanie powstało na podstawie literatury przedmiotu, aktów prawnych i dostępnych wyników badań. Celem tego opracowania jest ukazanie diagnozy wykonywanej na potrzeby wymiaru sprawiedliwości, która ma charakter ciągły i powinna być przeprowadzana na każdym etapie odbywania kary. Efektem prawidłowo sporządzonego orzeczenia psychologiczno-penitencjarnego powinno być umieszczenie osadzonego w odpowiednim typie, rodzaju zakładu karnego oraz właściwym systemie odbywania kary pozbawienia wolności, a następnie prawidłowe dobranie środków wychowawczych, które mogą implikować skuteczność kary pozbawienia wolności.

EN

One of the basic standards of serving the punishment of imprisonment is its individualization, which means varying interactions consisting in adjusting them to the personality of the offender and the purposes of executing the sentence. A properly served psychological diagnosis, especially the penitentiary diagnosis, should describe the studied phenomenon well. The content of the penitentiary diagnosis should include a description of the clinical picture of an imprisoned person and basic social rehabilitation indications. The paper was written on the basis of literature on the subject, legislation and available research results. The aim of this paper is to characterize the diagnosis performed for the needs of justice, which is continuous and should be performed at every stage of imprisonment. The effect of a properly formed psychological and penitentiary decision should be the placement of a prisoner in a suitable type, kind of prison and appropriate system of serving imprisonment, followed by the correct selection of educational measures which may imply the efficiency and effectiveness of the punishment of imprisonment.

6

Penitentiary Diagnosis of Crime Offenders

72%

Friedrich W.

Resocjalizacja Polska

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2015

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issue 9/2015

215-225

EN

One of the basic standards of serving the punishment of imprisonment is its individualization, which means varying interactions consisting in adjusting them to the personality of the offender and the purposes of executing the sentence. A properly served psychological diagnosis, especially the penitentiary diagnosis, should describe the studied phenomenon well. The content of the penitentiary diagnosis should include a description of the clinical picture of an imprisoned person and basic social rehabilitation indications. The paper was written on the basis of literature on the subject, legislation and available research results. The aim of this paper is to characterize the diagnosis performed for the needs of justice, which is continuous and should be performed at every stage of imprisonment. The effect of a properly formed psychological and penitentiary decision should be the placement of a prisoner in a suitable type, kind of prison and appropriate system of serving imprisonment, followed by the correct selection of educational measures which may imply the efficiency and effectiveness of the punishment of imprisonment.

PL

Jednym z podstawowych standardów wykonywania kary pozbawienia wolności jest jej indywidualizacja, czyli zróżnicowanie oddziaływań, polegające na dostosowaniu ich do osobowości skazanego oraz celów wykonania kary. Prawidłowo przeprowadzona diagnoza psychologiczna, a szczególnie diagnoza penitencjarna powinna dobrze opisywać badane zjawisko. Diagnoza penitencjarna powinna obejmować opis obrazu klinicznego osoby pozbawionej wolności oraz podstawowe wskazania resocjalizacyjne. Opracowanie powstało na podstawie literatury przedmiotu, aktów prawnych i dostępnych wyników badań. Celem tego opracowania jest ukazanie diagnozy wykonywanej na potrzeby wymiaru sprawiedliwości, która ma charakter ciągły i powinna być przeprowadzana na każdym etapie odbywania kary. Efektem prawidłowo sporządzonego orzeczenia psychologiczno-penitencjarnego powinno być umieszczenie osadzonego w odpowiednim typie, rodzaju zakładu karnego oraz właściwym systemie odbywania kary pozbawienia wolności, a następnie prawidłowe dobranie środków wychowawczych, które mogą implikować skuteczność kary pozbawienia wolności.

7

Aksjologiczne azymuty przestępców w procesie probacji

72%

Goede K.

Zeszyty Naukowe Zbliżenia Cywilizacyjne

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2018

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vol. 14

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issue 2

51-70

EN

The conviction of a human being by a valid sentence may prove that the hierarchy of values determining the life attitude of the criminal, especially the attitude towards respect for the law, has been disturbed. The main purpose of subjecting the convict to probation is to help in learning, understanding / redefining the content and undertaking the implementation of values accepted by society and giving a chance to live in accordance with the law. Probation officers are designated to have an axiological influence on the attitude of the supervised persons. As representatives of the local community, on the one hand, they are a carrier of moral and social values, principles and norms, and on the other hand, they are people who have attributes that are important from an axiological perspective, i.e. moral competences and a strong motivation for pro-social activity. On the basis of research conducted at the UKW University in Bydgoszcz, an attempt was made to identify values, showing their meaning and significance, which for convicted persons constitute axiological azimuths in their readaptation to life in accordance with social and legal norms, taking into account the determinants affecting the value hierarchy of convicted persons in the form of methodical work of social probation officers and probation duties.

PL

Skazanie człowieka prawomocnym wyrokiem może świadczyć, że hierarchia wartości determinująca życiową postawę przestępcy, w tym szczególnie postawę wobec poszanowania prawa, została zachwiana. Głównym celem poddania skazanego probacji jest pomoc w poznaniu, rozumieniu/redefiniowaniu treści i podjęciu urzeczywistnienia wartości akceptowanych przez społeczeństwo oraz dających szansę życia zgodnego z prawem. Desygnowanymi do aksjologicznego wpływu na postawę osób objętych dozorem są społeczni kuratorzy sądowi. Jako przedstawiciele społeczności lokalnej z jednej strony są nośnikiem wartości, zasad i norm moralnych i społecznych, z drugiej zaś, są to osoby legitymujące się atrybutami istotnymi z perspektywy aksjologicznej, tj. kompetencjami moralnymi oraz silną motywacją do działalności prospołecznej. Na podstawie badań przeprowadzonych na Uniwersytecie UKW w Bydgoszczy starano się wyłonić wartości, ukazując ich sens i znaczenie, które dla osób skazanych stanowią aksjologiczne azymuty w ich readaptacji do życia zgodnego z normami społecznymi i prawnymi, uwzględniając determinanty wpływające na kształt hierarchii wartości osób skazanych w postaci metodycznej pracy społecznych kuratorów sądowych oraz obowiązków probacyjnych.

8

Świadkowie cyberbullyingu – między obojętnością a reakcją

72%

Knol-Michałowska K.

Dziecko krzywdzone. Teoria, badania, praktyka

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2013

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vol. 12

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issue 1

111-120

PL

Artykuł stanowi teoretyczną analizę potencjalnej roli świadków cyberbullyingu w powstrzymywaniu aktów agresji poprzez udzielanie wsparcia ofiarom, dyscyplinowanie sprawców czy swoistą bierność. Wstępem do rozważań na temat możliwych działań świadków jest przedstawienie definicji i charakterystyki zjawiska cyberbullyingu oraz omówienie znaczenia aktywizacji świadków, jak również scharakteryzowanie specyficznej ich roli w kontekście agresji realizowanej online. Druga część artykułu poświęcona jest prezentacji wyników badań wybranych autorów uwzględniających obecność świadków w cyberbullyingu.

EN

The paper analyzes potential role of witnesses in moderating cyberbullying by supporting victims, disciplining the perpetrator, or being a bystander in the process of online aggressive behaviour. An introduction to the discussion about possible witnesses’ actions is describing the definition and characteristics of cyberbullying, highlighting importance of activating this group and characterizing their specific role in cyberbullying. The second part of the article focuses on the presentation of results of several studies concerning participation of witnesses.

9

Przestrzeganie praw nieletnich wychowanków w zakładzie poprawczym

72%

Makowiecka D.

Studia z Zakresu Nauk Prawnoustrojowych. Miscellanea

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2015

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vol. V

137-150

EN

Respecting the rights of juvenile offenders in correction centre’s

10

Przyczyny okrucieństwa i przestępczości. Batawia, Pawełczyńska, Kępiński – refleksje oświęcimskie

62%

Raś D.

Archiwum Kryminologii

|

2008

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issue XXIX-XXX

859-869

11

The Penalty of Lifelong Prayer and Penance According to Sacramentorum sanctitatis tutela and the Essential Norms

58%

Podwysocki G.

Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego

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2019

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vol. 14

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issue 16 (1)

199-213

EN

The article deals with a penalty which is applied in cases of clerics molesting minors in the context of two major regulatory documents: motu proprio Sacramentorum sanctitatis tutela by John Paul II and the Essential Norms of the United States Conference of Catholic Bishops. The first section provides an analysis of the modern understanding of the penalty. Due to the 2002 scandal involving sex abuse of minors perpetrated by Catholic priests in the USA, it became obvious that this issue needs to be addressed urgently. The author focuses his attention on the penalty that is applied when it is not possible to dismiss a cleric from the clerical state. Selected legal documents are examined, starting with the 1917 Code of Canon Law until the present time. The second section provides an analysis of the structure of the penalty, in particular with respect to can. 384 and can. 1350 § 1-2 of the 1983 Code of Canon Law. The third section provides comments and some examples of the practical application of the penalty within the context of the Church in the United States of America.

PL

Artykuł dotyczy kary wymierzanej w przypadku molestowania nieletnich przez duchownych w kontekście dwóch dokumentów: motu proprio Sacramentorum sanctitatis tutela promulgowanego przez Jana Pawła II oraz Norm Podstawowych promulgowanych przez Konferencję Biskupów Katolickich Stanów Zjednoczonych. Pierwszy punkt to analiza kontekstu współczesnego rozumienia tejże kary. W związku z wybuchem skandalu w 2002 r. zaistniała konieczność właściwego podejścia do karania tych duchownych, którzy molestowali nieletnich, ale wobec których nie jest możliwe bądź wskazane usunięcie ze stanu duchownego. Autor skupia się na wybranych kościelnych dokumentach prawnych, które mają odniesienie do tej kary począwszy od Kodeksu Prawa Kanonicznego z 1917 r. do stanu obecnego. Autor podkreśla również, iż kara ta, aczkolwiek pod inną nazwą, zawsze istniała w życiu Kościoła. Punkt 2 to spojrzenie na ogólną strukturę kary dożywotniej modlitwy i pokuty. Autor skupia się na praktycznych aspektach tejże kary biorąc pod uwagę szczególnie kan. 384 Kodeksu Prawa Kanonicznego z 1983 r., jak również kan. 1350 § 1-2. Duchowni, na których nałożona jest ta sankcja kanoniczna, pozostają inkardynowani do swoich instytutów i diecezji w związku z czym, to na ich przełożonych spoczywa odpowiedzialność czuwania nad wykonaniem kary. Punkt 3 to komentarze oraz praktyczne wskazówki autora odnośnie do aplikacji i wdrażania kary w kontekście amerykańskim. Dynamika Kościoła w Stanach Zjednoczonych oraz prawa cywilne, federalne bądź stanowe muszą być każdorazowo wzięte pod uwagę przy nakładaniu tej kary. Istotne jest również to, czy diecezja bądź instytut posiadają praktyczne możliwości do wypełnienia warunków tejże kary czy też mimo wszystko w duchu sprawiedliwości chrześcijańskiej wobec wspólnoty Kościoła oraz duchownego, który dopuścił się takiego czynu z nieletnim, wykluczenie ze stanu duchownego jest jedyną opcją.

12

Zagadnienia psychopatii i resocjalizacji przestępców-psychopatów w dziejach polskiej myśli kryminologicznej

44%

Nelken J.

Archiwum Kryminologii

|

1989

|

issue XVI

245-276

EN

The notion of psychopathy as deficiency of emotions, will, and drives was shaped in the late 19th and early 20th century (Koch, Birnbaum, Kraepelin, Schneider). In Poland between the two world wars, studies of psychopathy were carried out by outstanding psychiatrists (Radziwiłłowicz, Wachholz, Nelken, Łuniewski) whose works initiated the development of criminal psychopathology in our country. Their opinions were as follows: the basic trait of a psychopathic character is a pathological moral defect the intensity of which rnay differ in different individuals. Against that background, many other disorders exist, most frequent being a pathological increase of affectivity. The pathological moral defect results from the psychopaths deficient emotions. The pathological mental changes are quantitative and not qualitative which is why psychopathy cannot be considered a mental illness. The opinion prevailed that psychopathy has constitutional grounds as opposed to pathological changes of character caused by other factors (e. g. brain lesions). It was also believed, that external factors, the social environment, alcohol and drugs above all, contribute to the shaping of a psychopathic character. Psychopathy was considered a highly crime-generating factor and the ground of many cases of alcoholism and drug addiction. As a constitutional and permanent condition psychopathy is not susceptible to psychiatric treatment; the researchers believed that imprisonment creates the proper conditions of resocialization of psychopathic offenders. The type of prison for psychopaths who commit offences was discussed, the question being whether they should be kept in normal prisons with other prisoners, or in special penal institutions. In the 1930's, a criminal-biological examination of prisoners starred, initiated by the Ministry of Justice, with psychiatric and psychological examination playing the leading part. The aim was mainly to work out a system of segregation of prisoners who were to be put in appropriate prisons with different rules. The outbreak of World War II stopped the project. The postwar Polish publications usually point to the crime-generating faculties of psychopathy which result from its being a deficiency of emotions, will, and drives and an individual's permanent condition although it may be lessened or aggravated in various stages of life according to physiological processes and external conditions. As manifested by studies carried out in Poland, mainly the psychiatric ones, there is a considerable number of psychopaths among the perpetrators of various types of offences. Among those guilty of murder, 29.4 per cent of psychopaths were found (Fleszar-Szumigajowa it al.), among thieves of public property-26.19 and of private properly - 28.12 per cent (Malik). There were 48 per cent of psychopaths among recidivists ( Ostrihanska). The above proportions do not include offenders with psychopathological traits similar to psychopathy but resulting from a disease or lesion of brain (the so-called characteropaths). Among the different types of psychopaths, particular attention should be drawn to unqualified psychopaths (emotionless according to Schneider’s classification) and to schizoidal psychopaths. Representatives of both these types can be found among serious criminals, murderes in particular, and among recidivists. As follows from psychiatric examination of murderers, sex murderers ale usually unqualified or schizoidal psychopaths (Szymusik). Despite their common characteristic, i. e. the deficient emotions, there two typ.. of psychopaths differ from each other to some extent which is important from the point of view of criminal psychopathology. An unqualified psychopath is usually characterized by a more marked deficiency of emotions and behaviour his environment frequently perceives as contradictory to the rules of social life. Instead, the emotional deficiency of a schizoidal psychopath is accompanied by his tendency to conceal his real emotions and intentions from the environment and to ambivalence, making this type of psychopath more difficult to diagnose as dangerous to others. The above findings have been obtained from specially selected groups i. e. persons suspected of offences or convicted, who were subjected to psychiatric examination because of their unusual behaviour as a rule. As regards the problem of criminal responsibility of psychopaths, an opinion prevails that such persons are accountable in principle. This follows from the fact that psychopathy is not a mental disease, a psychopath retaining his ability to understand the nature of his act as he is not mentally deficient and usually has a normal I.Q.A psychopaths is also able to control his conduct: as shown in practice by a number of cases, psychopaths. usually desist from the intended act if they find the conditions to be unpropitious; they also retain critical judgement of the separate elements of a given situation, thus to secure for themselves the necessary conditions and to be safe after the act. Thus in such psychopaths, intellect is able to control the deficient emotions and will to the extent that they discern the chances of a temporary gain. A psychopath may be found to have diminished accountability in particular cases only, and to be non-accountable -exceptionally. This takes place if his ability to control his own conduct was largely limited or entirely supressed due to the type of psychopathy (e. g. in depressive or vehement psychopaths), the particular, circumstances of the act which increased the psychopathic reaction, or the additional mental complications (e. g. mental deficiency found jointly with psychopathy). Resocialization of psychopathic offenders proved a difficult problem in practice due to their abnormal personality and reaction to imprisonment. Psychopaths serve their terms in special prisons for persons in need of particular medical and educational measures. Among their inmates who deviate from the mental norm, psychopaths constitute 40 per cent. They are resocialized through initiation into discipline, order and work, and through additional general or professional schooling if necessary. They also undergo psychocorrective treatment individually or in groups with specialized prison staff; the treatment is aimed at arousing in them a critical attitude towards their own conduct. Having served their term, psychopathic recidivists are subjected to protective supervision of a court-appointed curator, the aim of which is their further resocialization and prevention or their relapse into crime. If a recidivist evades supervision on release, he is placed in a social adjustment centre by a court's decision. In the centre, psychopaths should receive a treatment conducive to their resacialization. Psychopaths receive postpenitentiary assistence, if necessary, which consists mainly in finding a job and lodgings (e. g. in a worker’s hostel) for them. Yet many psychopaths relapse into crime despite that assistance. To end with, the fact is stressed in the paper that small differences in the definitions of psychopathy given by the separate authors and the sometimes found diagnostic differences- are not sufficient grounds for the term ,,psychopathv’’ to be replaced with other terms leading to considerable ambiguity. ,,Psychopathy’’ is a diagnostically established term and its replacement with ,, personality disorders’’ or ,,abnormal personality’’ only makes the problem obscure, blurring the difference between psychopathy and characteropathy, and between psychopathy and conditions such as neuropathic disposition and pathological character changes resulting from alcoholism or drug addiction. An explicit definition of the differences between these psychopathological conditions is most important for judicial decisions and forensic psychiatry, for defining the chances and methods of treatment, and for criminological prognosis.

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Zagadnienia psychopatii i resocjalizacji przestępców-psychopatów w dziejach polskiej myśli kryminologicznej