Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help
Years help
Authors help

Results found: 108

first rewind previous Page / 6 next fast forward last

Search results

Search:
in the keywords:  prison
help Sort By:

help Limit search:
first rewind previous Page / 6 next fast forward last
EN
The article is composed of four basic parts. The first one is historical: it discusses the evolution of legal regulation of various forms of permits to temporarily leave prison (except interruption of execution of the penalty of imprisonment) and the practice of granting such permits in the period preceding the adoption of the new punishment execution code [PEC]. Concerned here were: permit granted by way of reward to leave prison for up to 5 days (Art. 55 § 3 PEC); so-called compassionate permit to stay away from prison for up to 5 days (Art. 59 PEC); so called reward permit for 24 hours (§ 62.1 of Instruction on the execution of the penalty of imprisonment before its amendment of 1995); and regulation permit also granted for 24 hours (abolished by the abvementioned amendment of the Instruction). Hence the discussion contained in the first part of the paper proceeds on two different planes. On the one hand, we discuss the legal shape of the permits undergoing legislative changes and at the same time submitted them to critical dogmatic analysis. On the other hand, we strive to demonstrate the functioning of those legal solutions in penitentiary practice basing on the findings of few earlier empirical surveys and on statistical materials gathered by the prison administration since 1985. Our main focus is the practice of the 1990s when systemic transformation and the related humanization of the process of imprisonment led to considerable growth in the number of granted permits to temporarily leave prison, and the relevant legal transformations the effected, that is amendment of PEC and the Instruction on the execution of the penalty of imprisonment. The issue of permits was then broadly covered by the media which - not always competently and objectively - criticized the authorities for too many such permits granted; this led to an animated discussion in the doctrine. Critics considered this policy of penitentiary authorities too liberal; they argued it led to a growth in crime caused by prisoners released on permit thus reducing citizens’ feeling of safety, and also made it possible for prisoners to escape or to stay away from prison longer than permitted. It has not been possible to appraise the discussed policy basing on statistical data only due first of all to the fact that the material we based on contained merely data on the number of permits granted and said nothing about the grantees and their characteristics. From statistical analysis it followed merely that from 1985 till 1993, the number of permits granted went up nine times only to become reduced by 40% during the next two years. Also on a regular decrease (from 6.3 to 2.4 percent) in that period were cases of so-called ,,failure to return” - a category which, for obscure reasons, in the statistics includes both the actual failures to return to the institution and cases of late-coming; the proportions were calculated from the total of permits granted. The number of offenses committed by prisoners while on permit was rather small and ranged from 200 to 600 a year. Part two of the article discusses international penitentiary standards relating to inmates’ contacts with the outer world and contained in the UN Standard Minimum Rules of Treatment of Prisoners of 1955 and European Prison Rules of 1987. Also discussed have been provisions regulating the permits to temporarily leave prison in selected European countries: Germany, France, Belgium, Sweden, Finland, Norway, Denmark, Spain, Holland, Austria, Portugal, Italy, Bulgaria and Hungary. It could be stated basing on the analysis that the Polish regulations of the discussed sphere (even those valid before the adoption of the new punishment execution code) were consistent with international standards and by no means inferior to foreign provisions. The next part of the study discusses the findings of the authors' own research conducted on 15-31 August 1995 (that is, before the above-mentioned of PEC and rules of imprisonment) in 12 prisons and remand prisons. The tool was a questionnaire developed by the Law Enforcement Institute. Examined were the files of all prisoners who in the period from 1 January 1994 till 30 June 1995 applied for a permit to temporarily leave prison, or in whose case the application was field by prison administration, whether the permit was actually granted or refused. The sample was composed of 1,043 persons, and the number of applications was 7,336. The total of 6,524 permits were granted to 970 persons. It was found that a vast majority of permits applied for were actually granted which is to some extent accounted for by the fact that most applications were field by prison administration who subsequently supported them. Permits were granted to 93% of the sample which made as many as 6.7 permits per person on the average. What is more significant though, was that over one-fifth or the sample (22.6%) were granted 10 or more permits within a relatively short period of time which manifests the existence of a privileged group among prisoners. That same conclusion can also be drawn from the fact that, the mean length of time spent away from prison being 43 hours, 11% of the sample were on permit for 1 to 2 months, and 1.5% - for over 2 months. As regards return from permit, the proportion of prisoners who never returned was 8.4%, and over one-fourth of them were on the police wanted list during the survey. This phenomenon is the more dangerous as nearly a half of the sample (49.5% a failed to return in due time on at least one occasion. Instead, the number of offenses committed by the sample while on permit seems relatively small, the proportion of offenders being 4.3%. Offenses committed most often were burglary and robbery. Considering, however, the extremely small detectability rate in Poland, the proportion may well depart greatly from the reality. Even the above findings justify the statement as to a dubious value of appraisals of the correctness of permit granting policy basing on statistical material only. They also confirm the need for inclusion is those materials of data on the number not only of permits granted but also of grantees. Leaving aside a number of formal transgressions found in the course of research, the findings generally justify a conclusion that many permits were granted automatically, so to say. It was difficult as a rule to identify any objective criteria for granting or refusing permits; this means that the permit policy violated the principle of individualized treatment of prisoners. The article ends with general conclusions from the practice followed so far and with postulates de lege ferenda formulated on the grounds of amendments introduced by the new PEC of 6 June 1997. Not going into details of those amendments, it has to be stated that they trend towards extension of the legal possibilities of granting permits and of the length of leave thus granted. In the authors’ opinion, most of the amendments deserve to be praised which is of course not to say that none of them raise any reservations. It has to be stressed, though, that the appraisals are not too categorical as the new provisions (which enter into force on 1 September 1998) leave a considerable freedom of interpretation. The practice of their application should therefore be monitored closely to begin with; the findings will then help to verify pertinence of statutory regulations of the granting of permits to temporarily leave prison.
EN
This paper is an attempt towards better understanding of the fatherhood of incarcerated men. In particular, research results are reported concerning a tool to measure the paternal involvement of incarcerated fathers – Questionnaire of Paternal Engagement ZK (KOZ-ZK). An exploratory factor analysis has revealed three dimensions of paternal engagement of incarcerated fathers, namely (i) paternal engagement during the time of imprisonment, (ii) paternal engagement during the leave from prison, (iii) father’s accessibility. In a pilot research project examining the psychometric properties of the questionnaire took part 215 incarcerated fathers. The questionnaire contained 22 items and was proved to have good psychometric properties. Additionally, a qualitative survey was conducted using the KOZ-ZK questionnaire and structured interviews. It turned out that the questionnaire properly reflected different intensities of paternal engagement of incarcerated fathers, important role being played by the relationship of the men with the mothers of their children.
PL
The article presents the views of Zygmunt Bugajski on the issue of physical education in prisons of the Second Polish Republic. Bugajski was one of the main representatives of the Polish penitentiary thought in the years 1918–1939. Many of his thoughts were accomplished. Physical education was also brought to prisons. The article presents his thoughts on physical exercises, but also (as far as the sources allowed) their practical applications in prisons of interwar Poland. Increased interest in physical education as a form of social rehabilitation ended in the early 1930s. Bugajski played an important role in this, being not only responsible for introducing legal functions, but also covering the theoretical foundations presented in his work: “Education and physical education in prisons” published in 1929. Bugajski was murdered by NKVD in the spring of 1940 in Katyn.
EN
Polish executive law allows for the possibility of implementing an individualised approach to imprisonment in a system encompassing programmed, therapeutic or normal rehabilitation. Polish laws take into full account the Convention's standards on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly in 1984 and the European Prison Rules issued by the Council of Europe. There are no specific provisions in Polish legislation relating to the imprisonment of foreigners, however, the guarantees of respect for dignity and cultural distinctiveness arise directly from the general principles for imprisonment. The number of foreigners incarcerated in Polish prisons is small. Every year, approximately 7,000 foreigners are convicted in Poland. Of this group, on average, 300 are serving a prison sentence. In this article we will outline the characteristics of this group of convicted criminals based on the available statistical data and in relation to the regulations in effect in Poland.
EN
Paper discusses the project „Prisoners extremely long-term sentenced - the right to a second chance” conducted at the Institute of Social Prevention and Resocialization of the University of Warsaw in 2014–2016. The program was targeted at prisoners who were sentenced for 25 years in prison or life imprisonment. On the other hand, it was also aimed at students. They took part in prison workshops organized by the authors of the project. In this way, students had the opportunity to get to know the prison institution and work with prisoners. The implementation of the project clearly showed that cooperation between the academic environment and the Prison Service is not only possible but also very important.
EN
One of the most controversial aspects regarding resocialization is a doubt whether imprisonment, which entails isolation, enables efficient educational activity. To be able to prognostically look at the process of work with prisoners, one should, first of all, give a closer look to the very definition of resocialization. The simplest way is to comprehend it as a discipline regarding disfunctions, defects and inability to adapt to the society. It leads toward a conviction that using the provisions of law in force we are able to influence or even change an individual’s standpoint. Many researchers focusing on the definition notices that the number of views is equal to the number of papers. A critique touches mainly pedagogues whose works are the most numerous. They are criticized for that without the familiarity of basic legal provisions it is impossible to solve all dilemmas concerning so broad topic which is the change of man’s personality.
EN
In studies seeking motivated prisoners to physical activity while serving sentence in prison, were used the questionnaire methods. Researches group were the men who are physical active (N=121), aged 22 to 55 years. Most of the respondents were men with primary or secondary, and vocational education (over 90 %). The results showed that the most important role in participating in physical exercise in prison is motivation to maintain contentment and satisfaction with life, and exercises are primarily a form of entertainment and meaningful full time. Important themes are also making exercise motives maintain contact with a wider group of people. However, inmates differ significantly in terms of motivation to participate in activities depending on the type of physical exercise.
PL
Rodzina jako czynnik socjalizacyjny znajduje się w centrum zainteresowania wielu dyscyplin, w tym pedagogiki społecznej i resocjalizacyjnej. Jest ona jednym z najważniejszych czynników zewnętrznych w etiologii dewiacji społecznej; dysfunkcyjne środowisko rodzinne jest zwykle jedną z głównych przyczyn zaburzeń zachowania. Przestępczość międzypokoleniowa, nadużywanie substancji uzależniających przez członków rodziny, zaniedbania i przemoc, bezrobocie i wykluczenie społeczne często pojawiają się we wspomnieniach przestępców; problemy edukacyjne pojawiają się w dzieciństwie. Rodzina jest również ważnym a często zapomnianym czynnikiem w resocjalizacji i reintegracji społecznej przestępców. Gra główną rolę w „pomocy” i resocjalizacji osób w etopedagogicznych placówkach wszelkiego typu – w sierocińcach ze szkołami, w zakładach poprawczych, w ośrodkach edukacyjnych i w zakładach karnych, jak również w postępowaniu kuratora (kuratora społecznego lub kuratora dzieci i młodocianych), jak również kuratorów sądowych i mediatorów (okres próbny, warunkowe zwolnienie). W zakładach penitencjarnych kontakt z rodziną jest częścią programu resocjalizacji. Wsparcie ze strony rodziny jest jednym z podstawowych praw osadzonego. W procesie penitencjarnym rodzina jest jednym z największych czynników motywujących; może pomagać w implementacji programów resocjalizacji i wspiera zdrowie psychiczne osadzonych. Jednak rodzina może być również czynnikiem negatywnym, na przykład w przypadku przemycania nielegalnych towarów do więzienia lub innego negatywnego wpływu (np. przestępczość międzypokoleniowa).
EN
The family as a socializing factor stands in the centre of interest of many disciplines, including social and re-social pedagogy. It is one of the most important external factors within the etiology of social deviance; dysfunctional family environment is usually one of the main causes of behavioural disorders. Inter-generational crime, abuse of addictive substances by family members, neglect and abuse, unemployment and social exclusion often appear in the anamnesis of delinquent individuals; educational problems occur in childhood. The family is also an important and often neglected factor in the re-socialization and re-integration of delinquent individuals. It plays a crucial role in the “remedy” and resocialization of individuals in all types of etopedical care facilities – in children's homes with schools, youth detention institutes, educational care centres or in prison (criminal measures), as well as in the treatment by a curator (social curator or curator for children and juveniles), or a probation and mediation officer (probation program, probation supervision). In detention facilities within the penitentiary practice contact with the family is a part of rehabilitation programs, so-called treatment programs. Support of the relationship with the family is also one of the fundamental rights of the convict. In the penitentiary process the family is one of the biggest motivating factors; it may be helpful in the implementing of treatment programs and it helps to maintain the good mental health of convicts. But the family may also represent a negative factor, e.g. in a case of the introduction of illegal goods into prisons or in the case of further negative and undesirable effects on the individual (e.g. inter-generational crime).
EN
This article concerns the inmates’ resistance against prison isolation and against the process of rehabilitation change. This article aims to present the results of questionnaire research aimed at establishing the correlation between the type of resistance elected by the prisoners and their prison system (and the choice of specific rehabilitation programs). The resistance is understood as an expression of rebellion against the rejection and may be manifested in the form of aggression, hostility or internal dissension. This article concerns four styles of resistance: transformative, accommodative, passive and aggressive which are differentiated by the power of involvement in resistance and prisoners’ behavior towards penal institution. Resistance to isolation in prison is thus recorded a response to the situation of imprisonment, which is perceived by prisoners as imposed by the unjust restriction. It is bound by the prisoners do not accept coercion and lack of leeway and a sense that the prison staff is trying to dominate them. The research was conducted using the method of test questionnaires were 413 prisoners, prison inmates in two prisons closed type. The study, presented as a ratio analysis can be a starting point for further and extended to the whole country research on the motivation of prisoners to participate in rehabilitation programs implemented by the prison service in Poland.
EN
This article concerns the analyses and research on women and men coming from penitentiary correction centres and the youth from families at risk of delinquency. The research problem concentrates on the analysis of criminals who are parents and situations of children in historical and contemporary context as well as on specific difficulties in the functioning of special-needs children in social life in terms of special education. This article can inspire a new approach to dealing with criminals, enhancing their role as parents, which constitutes an important factor in the process of corrective actions.
EN
The article discusses the issues related to the employment of prisoners in Poland and in other countries. The author refers to some legal provisions regulating the question of who can undertake an employment while serving time in prison, what requirements must be met by convincts who work while imprisoned. Then, the article discusses particular professions performed by prisoners. An important element of the article is also apresentation of socio-psychological aspects of rendering work while incarcerated. Since one of the reasons for writing this article was the announcement in 2016 of the “Work for prisoners” programme, a significant part of the article is devoted to discussion of this project. An attempt is made to answer the question: Has the governmental programme in question proved successful? Instrumental in answering this question is a comparison of a number of prisoners before the start of the said programme, and while being a part of its operation. The article also includes some examples of influencing prisoners already successfully implemented in other countries.
12
81%
EN
The analysis of various forms of punishment has traditionally been a prominent subject of sociological study. However, most research on the prison system and its impact on individuals has focused on various aspects of inmates’ lives. This article focuses on other important subjects in the prison system, ones whose perspective has been largely ignored – prison guards. The first part of this article introduces prison as a medium through which to analyse modern mechanisms of power and the changing conceptualisation of risks. The second part of the article examines the subjective views of prison guards. The authors conducted 17 in-depth interviews with prison guards working in Czech C-type prisons in order to understand how the prison guards themselves conceptualise their role in the prison system and how they construct the meaning of prison and punishment. The aim of the article is to analyse how the position of various participants in the prison system is negotiated and how the ideas of ‘control’ and ‘power’ are established. The authors find that prison guards experience a sense of blurred boundaries between those who are guarded and those who guard. They see themselves as having no control over the prison environment and highlight the control the prisoners have over them through institutional regulations.
XX
Among the prison population in Poland there are also people with disabilities. The text will focus on physical disability. Convicts with physical disabilities constitute a group that, in penitentiary reality, is faced with many difficulties. Specialised interactions should be directed towards them. Prison Service officers try to minimise factors that may adversely affect the functioning of people with physical disabilities in prisons and pre-trial detention centres. The purpose of this article is to draw attention to prisoners with a physical disability and the specificity of their needs in penitentiary units.
EN
The institution of parent–child contact is a parental right, characterized by a variety of forms of its implementation. It is to be, in addition to constitutional provisions, a normative guarantee for the protection of family ties and family life, regardless of the nature of the relationship between the child’s parents, their parental attributes, and their place of residence. One of the circumstances that can affect the quality of contacts in a special way is the fact that a parent is detained in prison. Therefore, the question arises as to the shape of the provisions of the executive criminal law and the actual activities undertaken in the penitentiary, aimed at protecting such family relations.
EN
Imprisonment which is implemented in the present form in European countries has reached its capabilities in terms of re-socialisation, if any function apart from isolating might have been achieved. This has happened because the specificity of penitentiary isolation results in individuals being unable to acquire real-skills to live in the society in accordance with its rules. The paradox of this penalty is that its conditioning favours the destruction of a human, the loss of their ability to function in society rather than their re-socialisation and building the appropriate social attitudes. Prisonisation which affects each prisoner to varying degrees is mostly to blame, but also other elements inseparably connected with penitentiary isolation. In order to mitigate the influence of negative factors it is necessary to implement the appropriate mechanisms, which, however, are not able to eliminate negative effects of imprisonment, but they are able to mitigate them, as already indicated. The aim of the following publication is an attempt to find a solution, identify which factors negatively influence re-socialisation of prisoners in penitentiary isolation and if there are still any possibilities to improve the system of execution of imprisonment sentence before the penalty in its present form disappears from legal systems. The authors also ask a question: Can a man be taught to live in society in accordance with the rules accepted by it, in spite of the sometimes long-term isolation of this man from the society?
EN
The aim of this paper is to introduce discipline of penitentiary sociology, discuss its forms in the context of the Czech Republic, and answer the question of why sociologists do not participate in everyday practice behind bars of Czech prisons even though they have formal ties with this environment. The findings presented in this paper are based on qualitative research conducted in Czech prisons. The data corpus includes qualitative interviews with selected actors in the prison world and an analysis of relevant documents relating to the research topic. Sociology and the prison system meet on two basic levels in the Czech Republic. As an external partnership that seems to have grown stronger over the years and as an internal bond that has weakened (and almost been dismissed) since the end of the 1990s. Sociology has formally retained a place behind the bars of Czech prisons thanks to the sociologists who according to the regulations of the Czech prison service should figure among the prison staff. In reality, the initial enthusiasm for this practice faded over the years and there are no sociologists currently working in Czech prisons. In this paper the author presents some possible explanations for this, ofers a historical description of the (non)participation of sociologists in Czech prisons, and discusses the possibilities for the future development of Czech penitentiary sociology.
PL
The subject of this article is the issue of religious fredom of prisoner in the light of limitations of religious practices. The article presents legal and sociological status of religious assistance in contemporary Polish prisons. The aim of the paper is to analyze the prisoner’s situation based on selected case law. Religious practices seem to be important part of long process of resocialization of the prisoners, but still prison staff is not prepared to ensure the perform religious practices in right manner. It needs to be stressed that religious practices are subject to limitations in prisons. The article focus on typical problems arising from lack of detailed internal prison policy regulations.
EN
This article, based on literature analysys, will present the concept of the loneliness in penitentiary isolation over the centuries and the critique of the concept in contemporary social rehabilitation. The article focuses on the analysys of loneliness and the the justifications of the penalty reaction in criminal policy in historical approach. This idea of loneliness is critisezed in contemporary theories and practise of social rehabiltation. The programmes of social rehabilitation of convicted based on resources and socialisation’s and activisation’s strategy in local community
Eruditio et Ars
|
2023
|
vol. 6
|
issue 1
197-208
EN
The conditions of imprisonment in Polish prisons make it difficult to achieve the goals of penitentiary social rehabilitation. Adaptation to prison conditions, which occurs especially as a result of long-term stay in a closed-type prison, results in disadaptation to the conditions in freedom and usually leads to degradation of the prisoner’s personality. An important reason for this is the unnaturalness of a environment. It is almost totally incompatible with human nature due to its radical difference from the environment in which the human mind evolved. In the article, the authors present an initial evolutionary oriented diagnosis of environmental factors responsible for low effectiveness of penitentiary social rehabilitation. The article contains also suggestions of modifications that may increase the level of its effectiveness.
PL
The authors of the penal code of 1932 modelled their reaction measures on the best contemporary standards. The system of criminal response was based on a double-track model, in German called zwei Spuren, in Italian – doppio binario, in which, along with penalties, there were also preventive measures. This system grew out of certain political and criminal assumptions of the sociological school, expressed most fully in the works of Franz von Liszt. Return in contemporary law, to the wide use of preventive measures, post and pre-penal, forces us to return to the sources and to critically examine the assumptions of the indicated approach, including the idea of an incorrigible criminal who should be isolated, not in relation to what he did, but because of who he is. Tracing the history of regulations, in particular their practical application should be a lesson for modern lawmakers.
first rewind previous Page / 6 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.