Search results

1

Peculiarities of Criminological Characteristics of Women Sentenced to Imprisonment fоr Child Support Evasion

100%

Shabanova O.

Internal Security

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2011

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vol. 3(2)

241-246

EN

According to statistics in the Republic of Belarus 90% of women obliged to cover child care expenses are those who have incurred custodial sentences. The author presents dominating conditions and factors influencing motivation among women serving sentences in institutions of confinement and evading to pay child support. The article shows the results of social-psychological survey of more than 50 women. Based on the analysis of survey results the author draws the conclusion that dominating conditions and factors influencing motivation among women refusing to pay child care and support are e.g. disturbances in the need and motivation sphere, increase of material expectations, reluctance to make any effort to support a child. Among the evading factors the author also mentions interpersonal relations in the parents’ family, disturbances in the maternal need and motivation domain, alcohol and drug abuse, low level of education and welfare issues. The article emphasizes that the author has found the main directions of psychological correction of the above mentioned category of inmates: sphere of material expectations, child-parent relationships, change of family relationships model, need and motivation domain, overcoming and prevention of alcohol and drug addiction. The author arrived at the conclusion that practical use of the results obtained in the survey would contribute to effective functioning of the penitentiary bodies and organs as well as correctional and preventive effect of punishment, decrease of repeated commission of the above mentioned type of crime.

2

Prison and Society Connected. The Development of the Czechoslovak Prison System in 1945–92

88%

Pinerová K.

Acta Poloniae Historica

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2018

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vol. 118

PL

The aim of this article is to describe the transformation of the prison system during the years 1945–92 in Czechoslovakia. The following phases are analysed: the sovietisation process in the 1950s, the humanization and professionalization processes in the 1960s, the ambivalence between modernisation and repression in the 1970s and 1980s, and finally the democratisation that occurred after 1989. For each phase, it will be explained how the system was influenced by the concept of class struggle, mainly reflected in the approach to political prisoners, as well as a modernist-technocratic approach that gained priority at the time of the release of political prisoners in the 1960s. The aim is to show the dominant trends during this period and how the political and social context was reflected in the prison system.

3

Watchmen or Guards? The Prison Guard in the Second Polish Republic

75%

Rodak M.

Acta Poloniae Historica

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2018

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vol. 118

PL

The officer core of the Prison Guard (Straż Więzienna, SW), a formation established only as late as 1932, emerged from the narrow circle of persons associated with the Prison Section, which emerged in 1918. Its membership consisted of a small cadre of Polish guards who had gained experience in prisons controlled by the occupying powers. Unless they had worked in prisons before 1918, the rank-andfile of the SW consisted of demobilised and/or retired soldiers as well as of would-be or ex-policemen. ‘Street people’ in many cases, they treated the work as temporary or took it up as an easy job. The reality they faced on the other side of the wall quickly verified their convictions about the task they had accepted. As a result, the ranks of the SW were given to heavy rotation, evident up to 1939. Employees of the interwar prison system did not enjoy much public regard; for some, leaving the army to become a prison guard felt like social degradation. Aside from a few minor exceptions – such as prison breaks, stories of convict abuse – this peculiar group of workers was generally absent from the public narrative of the re-established state. Naturally, its problems were debated among experts, but these debates did not seep into the press as often as those concerning the police. For many years after 1918, the SW continued to be perceived through the nineteenthcentury image of the guard as watchman, a personification of the oppressive partition governments. SW functionaries associated with the labour union established in 1932 as well as the Przegląd Więziennictwa Polskiego (Polish Penal Review) magazine took up the daunting task of improving that image.The article provides an analysis of their efforts, attempting a response whether their goals were achieved, at least to a degree. My focus is on the public perception of the formation, while I also try to establish whether its foundation and development was perceived as a success (as was the case, for instance, with the police). My interests, however, are not limited to the media and public image of the SW corps, but also include the conditions under which its members laboured. In this context, I am particularly interested in the realities of the prison corridor; in the article, I attempt to describe the tenor of the relations between guards and prisoners in contemporary prisons (especially the prevailing aggression). Finally, I pursue a reconstruction of the image/s of the SW created by convicts, with particular focus on the significance of the change associated with the year 1918.My analysis leads to somewhat pessimistic conclusions. The major changes involved in the professionalization of the cadres and partial implementation of the prison reform that also affected the SW do not appear to have been satisfactory. Attempts to dismantle stereotypes of the guards could only achieve limited success, and the SW remained a formation of thoroughly dubious quality.

4

Trudności w pracy wychowawcy więziennego w PRL na łamach "Gazety Penitencjarnej"

63%

Szczepanik R.

Resocjalizacja Polska

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2012

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issue 3/2012

301 - 316

PL

Głównym celem artykułu jest prezentacja wybranych problemów towarzyszących pracy funkcjonariuszy Służby Więziennej na stanowisku wychowawcy więziennego w PRL, jakie podnoszono na łamach branżowego czasopisma „Gazeta Penitencjarna”. Analizie poddano treści artykułów z lat 1967–1970. Wybór okresu końca lat 60. podyktowany był tym, że w latach tych ugruntowaną pozycję zaznaczyła nowa dziedzina wiedzy i praktyki określana mianem pedagogiki penitencjarnej. Dało temu wyraz szereg artykułów poświeconych kwestiom „pedagogiki więziennej” na łamach omawianego czasopisma oraz eksponowana była problematyka wychowania „poprawczego” i „reedukacyjnego” z zastosowaniem rozmaitych metod oraz przypisywaniem szczególnej roli wychowawcy w organizacji tego procesu.

EN

The aim of the paper is to identify difficulties in the rehabilitation of inmates in prisons in communist Poland as presented on the pages of the Penitentiary Gazette. The articles published between 1967–70 were analysed, as this period in time marked the growth of a new discipline of penitentiary pedagogy. A rise in interest in penitentiary pedagogy resulted in the publication of numerous articles focusing on rehabilitation and re-education of inmates, and the role of the rehabilitation officer.

5

Wolność sumienia i wyznania więźniów na Ukrainie. Ujęcie prawne i socjologiczne

63%

Nikołajew J.

Nurt SVD

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2015

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issue 1

211-234

PL

Niniejszy artykuł składa się z dwóch części. W pierwszej przedstawiono sytuację prawa religijnego ukraińskich więźniów. W drugiej – stan faktyczny w tym zakresie na podstawie własnych badań ankietowych. Najpierw autor dokonał analizy uprawnień ustawowych więźniów w zakresie ich wolności sumienia i wyznania, a następnie przedstawił główne związki wyznaniowe działające na terenie ukraińskich więzień. Szczególną uwagę poświęcono pozycji Kościoła katolickiego i Międzywyznaniowej Misji Więziennej. W ujęciu empirycznym porównano sytuację wyznaniową ukraińskich i polskich więźniów, czego dokonano przez pryzmat doświadczeń kapelańskich. Artykuł kończą wnioski z przeprowadzonych badań i postulaty zmian w ukraińskim porządku prawnym. Autor wyraża opinię, że wolność sumienia i wyznania więźniów, zagwarantowana formalnie w ukraińskim ustawodawstwie państwowym, realizowana jest w sposób satysfakcjonujący. Możliwe jest ustanowienie instytucji stabilizujących obecność wspólnot religijnych i kapelanów w środowisku więziennym.

EN

This article consists of two parts. The first one presents the situation of religious law of Ukrainian prisoners. The second one – the facts in this regard based on surveys conducted by the author. First, the author analysed the statutory rights of prisoners in terms of their freedom of conscience and religion, and then presented the main religious associations operating in Ukrainian prisons. Particular attention was paid to the position of the Catholic Church and the Interfaith Prison Mission. From empirical perspective the religious situation of Ukrainian and Polish prisoners was compared, and it was done in the context of chaplaincy experience. In the final part of the article, conclusions are drawn regarding the research done and recommendations calling for changes in the Ukrainian legal system are made. The author is of the opinion that freedom of conscience and religion of prisoners, formally guaranteed in the Ukrainian national legislation, is implemented in a satisfactory way. It is possible to establish institutions, stabilizing the presence of religious communities and chaplains in the prison environment.

6

Podstawowe kierunki rozwoju systemu penitencjarnego w Polsce

55%

Szymanowski T.

Archiwum Kryminologii

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1986

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issue XIII

173-221

EN

I. The paper has been based on literature, on empirical data included in studies and reports in particular. The basic factors that determine the development and the present state of the prison system in the Polish. People's Republic have been indicated. The aim has been to consider the desirable directions of further transformations of the prison system which would guarantee its development according to the principles of humanism and the rule of law. This is important also because amendments are presently discussed' i.a. of the Code of Execution of Penalties. II. Among the important factors that have determined the hitherto development of the prison system in the Polish People's Republic, the following have been mentioned. 1.Legal provisions in force, issued by authorities of different levels, and international documents which influence them to some degree. Attention has been drawn to the incoherence of legal provisions scattered in legal acts of various importance and the society's unacquaintance with them due to their not being published. Immediate tasks the authorities impose upon the machine of execution of penalty. Such activites are aimed at correcting the prison system and frequently have harmful effects (e.g. closing of secondary schools in the early seventies). Traditions of the prison system and the hitherto existing practice, particularly the one developed after World War II when a new political system was introduced in Poland. The traditions are both good and bad. Among the favourable ones, the estimation of the importance of education in the treatment of offenders can for instance be mentioned, among the bad ones-e.g. the tendency to use disciplinary methods of treatment or a certain isolation -of the prison system from the society. 4.Experiences of other countries, scientific views and conclusions from scientific research. The above-mentioned factors are treated in a selective way, i.e. some experiences are chosen for practical application according to the penal policy fulfilled at the moment. III. Among the factors that characterize the present state of the prison system, the following should be mentioned: During the last thirty years, the average yearly number of prisoners was about 90 thousand. The number of the imprisoned persons in Poland I very large as compared with the respective numbers in other countries (if those where such data are published are taken into account). At the same time, it should also be mentioned that the numbers of prisoners in the postwar period were by 50% larger on the average as compared with those before 1939, and that there is overpopulation in prisons as a rule, i.e. the number of inmates is larger than tire prison capacity. This situation is the result of the penal policy which is too repressive according to scientists and which leads to sentencing a considerable part of offenders to long prison terms. Among the basic categories of prisoners in the Polish People's Republic, the following should be mentioned: first offenders (over 40% of the total number of prisoners on the average); recidivists (somewhat of the total number of prisoners on the average); recidivist (somewhat less than 40% on the average); young adults aged under 20 (the group which has recently diminished: less than 10% of the total number of prisoners); women (less than 3%). It should also be mentioned that about 27% of all persons deprived of liberty in the recent years have been those remanded in custody. As regards other categories of prisoners, we lack precise, methodical information due to the lick of properly developed penitentiary diagnostics (this concerns e.g. prisoners-alcoholics, those with mental disorders etc.). However, there are estimations of the numbers of prisoners of these categories to be found in research studies. Moreover, also the material and organizational conditions in which the prison system functions are by no means good. Only a few prisons were built after the war. Many are old buildings, and some date from as long ago as the 18th century. They need repairs and modernization. In the country's present economic situation, development of the prison building cannot possibly be postulated. Irrespective of the lack of space in prisons, there are also other difficulties in providing the proper living conditions for the inmates. As far as the adequate basis for organization of the prisoners, leisure time is concerned, the state of prison libraries, and the universal radiophonic installations are favourable in comparison with the existing difficulties (lack of rooms and proper equipment). Also the prison. staff is an important element of the penitentiary system. The level of education of the staff keeps increasing. However the proportion of prisoners per one staff member is much less favourable than in many West-European countries. The basic means of penitentiary treatment in the Polish People’s Republic are: employment, education and cultural activities. For many years now, there has been nearly full employment of prisoners in Poland universal: the index of employment amounted to over 90% in the seventies and over 80% in the eighties. Among those not working, only a slight percentage were unemployed due to a lack of work. The reasons for being out of work were most frequently the so-called justified reasons such as e.g. poor health, awaiting transfer, etc. Among the employed prisoners, a considerable part were working in the conditions of freedom, outside prisons (in some years, there were over 45% of those who worked in these conditions). At the same time, the vast majority of them were employed against payment (over 8o%), though their wages were lower as a rule than those earned by outside workers in analogous professions. The weak points of the prisoners' The weak employment were: excessive trend towards its economization (i.e. gaining profits even at the cost of the resocializing treatment), and its insufficient use for the prisoners' better professional training and social readaptation. A considerable number of prisoners learn in elementary schools and in elementary vocational schools. Besides, a small number of prisoners learn 'in -secondary vocational schools and at various courses which, however, do not secure a certificate of a qualified worker as a rule. The results of the prisoners' education are most favourable if measured both by the marks at school and by the adjustment to living in the freedom conditions after release. All the studies carried out in Poland which took this problem into account show that the higher the education the prisoners have achieved, the less frequent their relapse into crime. However, the majority of prisoners who have had no profession fail to learn one during their prison sentence. The organization of the prisoners' leisure time has many faults: aside from reading books which are easily accessible, other forms were underdeveloped during the recent dozen or more years as compared with the needs, or revealed regress as compared with the sixties. IV. In the years 1980--1981, new factors emerged which favourably influenced the development of the prison system in Poland. Among them, the most marked trend towards a prison reform should be mentioned which was initiated by independent social movements, scientific centres and the prisoners them - selves (the surge of group protests and riots which on certain days inc1uded tens of thousands of inmates). In 1981, prison reform was started, among other things through the introduction of amendments into the so-called temporary prison rules (the most repressive provisions removed, such as those concerning the so-called fasting penalty or the absolute strict regime for recidivists), and through the admission by means of a separate legal act of universal accessibility of religious practices, including the admittance of chaplains into prisons. At the same time, the functioning of two associations was legalized the activity of which was to consist in coming to the prisoners' and their families' asistance. The associations started operating in l98l; however, they were suspended after the introduction of the martial law and then dissolved. At the same time, the campaign for social aid to prisoners convicted for acts committed or noncriminal motives was organized within the framework of charitable ministry of the Catholic Church. The problem of the prison reform is still a live issue in the Polish People's Republic; moreover, the reform is indispensable. However, its continuation will depend on the future general trends of the State’s policy. V. In the present article, postulates have also been formulated concerning the future amendments of the Code of Execution of Penalties. Here the most important of them: 1. The prisoners rights and duties should be defined precisely and included in a statute instead of in statutory instruments, thus making their informal changes impossible. It is necessary to introduce a separate status of offenders convicted for acts committed for ideological motives. It is indispensable to define in the legal provisions the minimum and untraversable standards of the prisoners material existence, and the index of the maximum capacity of prisons. It is desirable to abandon the formal classification of prisoners and the so-called regimes of execution of penalty the aim of which is first and foremost repression. Also the expansion of resocializing measures is important, as well as increase of the educational character of such penitentiary measures as e.g. employment. In order to give deprivation of liberty a more prosocial character, it is necessary to legalize and render possible the functioning of independent associations assisting the prisoners and their families.

7

Sprawiedliwość w sędziowskim wymiarze kary

51%

Królikowska J.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

279-325

EN

The article starts with the general presentation of the sociological perspective on the question of justice in the motives of a criminal judge’s sentencing decisions. The question of justice is also analysed in relation to the legitimation of the criminal law and the various theories of punishment, retributive, consequentialist, and mixed. Punishment is analysed as a social and legal institution and as a social process in its various organisational forms. The rationalisation of punishment as a social and legal institution is analysed in relation to the question of human rights, and the question of its effectiveness in social control as a tool in the protective function of the criminal law. The problem of justice is also analysed from a subjective point of view as a question of the just judge. It is not only analysed here as an ethical question, but also as a problem of the methodology of the work of the judge, and a question of organisation of the sentencing process. The article presents the results of research (sociological reports) concerning the question of the motives of judges’ sentencing in the criminal courts. The article presents the basics of the methodology and results of research in that respect which was carried out in the 1930s (B.Wróblewski, W. Świda), 60s and 70s (T. Kaczmarek, W. Świda), and the 1980s (T. Kaczmarek, J. Giezek and the team), and the latest research carried out by the authors in 2012–2015 (J. Królikowska, J. Utrat-Milecki). The authors explain here the general outline of the method of culturally integrated (social and legal) studies, which they used in their sociological and anthropological research on the criminal justice offi cers (judges, prosecutors and probation officers), and which is also the theoretical background of the present article. Finally, the authors present the broader culturally integrated definition of punishment, so as to help to identify the main research questions in socio-legal studies of punishment considered both as a socio-legal institution and a social and legal process which can be identified in different organisational forms.

8

Działalność oświatowa w więzieniach Królestwa Polskiego 1815–1867

51%

Bieda J.

Studia z Dziejów Państwa i Prawa Polskiego

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2017

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issue 20

135-146

EN

Educational activities in prisons at the time of the Kingdom of Poland were the consequence of the nineteenth-century change of views related to purposes and conditions concerning serving custodial sentences. The idea of teaching inmates in the Kingdom of Poland began to form in the ’30s of the 19th century and is precisely connected with Fryderyk Skarbek, who founded the first school for juvenile offenders in Warsaw Dom Kary i Poprawy. First resolutions established at the same time by Komisja Rządowa Spraw Wewnętrznych i Duchownych ordered prison authorities to found Sunday schools where adult prisoners could be taught writing and reading. Unfortunately, recommendations of central governmental bodies were not enthusiastically received by lower-level administrative authorities. Eventually, seeing little interest shown by province governments in founding educational establishments for juvenile offenders, Komisja Rządowa Spraw Wewnętrznych i Duchownych authoritatively formed schools in four prisons in 1860 (Warszawa, Kielce, Lublin, Płock) where juvenile off enders were conducted from the whole country. Unfortunately, we do not know how the establishments functioned in reality. Th e issue of teaching adult prisoners is alike. The first establishment was formed in a prison in Kielce just in 1853 despite the fact that Komisja Rządowa Spraw Wewnętrznych i Duchownych had already issued a regulation in 1833 recommending running Sunday schools for adults. It is known that such establishments also functioned in prisons in Sandomierz and Radom.

PL

Działalność oświatowa w więzieniach Królestwa Polskiego była konsekwencją XIX-wiecznej zmiany poglądów na cele i warunki wykonywania kary pozbawienia wolności. Idea nauczania osadzonych przestępców na ziemiach Królestwa Polskiego zrodziła się w latach 30. XIX w. i nierozerwalnie wiąże się z osobą Fryderyka Skarbka, który powołał do życia pierwszą szkółkę więzienną dla nieletnich przestępców w warszawskim Domu Kary i Poprawy. Z tego samego okresu pochodzą pierwsze rozporządzenia Komisji Rządowej Spraw Wewnętrznych i Duchownych nakazujące władzom więziennym zakładanie szkółek niedzielnych, gdzie nauczani pisania i czytania mieli być dorośli więźniowie. Niestety zalecenia centralnych organów rządowych nie były entuzjastycznie przyjmowane na niższych szczeblach władz administracyjnych. Ostatecznie Komisja Rządowa Spraw Wewnętrznych i Duchownych, widząc małe zainteresowanie rządów gubernialnych tworzeniem placówek oświatowych dla nieletnich przestępców, w roku 1860 odgórnie powołała do życia szkółki w czterech więzieniach (Warszawie, Kielcach, Lublinie i Płocku), do których mieli być kierowani nieletni z terenu całego kraju. Niestety nie wiemy, jak w rzeczywistości wyglądało funkcjonowanie tych placówek. Podobnie przedstawiała się kwestia nauczania więźniów dorosłych. Mimo rozporządzenia Komisji Rządowej Spraw Wewnętrznych i Duchownych z 1833 r., zalecającego prowadzenie w więzieniach szkółek niedzielnych dla dorosłych, pierwsza taka placówka powstała w więzieniu kieleckim dopiero w 1853 r. Wiadomo, że takie ośrodki działały jeszcze w więzieniach w Sandomierzu i Radomiu.

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2 Acta Poloniae Historica

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1 Nurt SVD

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1 Studia z Dziejów Państwa i Prawa Polskiego

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1 Szymanowski T.