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EN
This paper presents juvenile delinquency as a threat to public security. The author explains the concepts of public security and public order, and discusses threats to public security in specific categories, i.e. social threats, technical threats, natural threats. The paper also contains an explanation of the concept of juvenile, which is based on the Polish Act of 1982 on Proceedings in Juvenile Cases and Juvenile Delinquency. Having analysed the source literature, the author has listed the basic determinants of juvenile delinquency. Making use of the statistical data made available on the website of the Warsaw Police Office, the paper shows the scale and structure of juvenile delinquency in the Capital City of Warsaw. Furthermore, the data from the website of the Warsaw Police Office has enabled the author to describe examples of abnormal juvenile behaviour observed in Warsaw. The paper also contains practical examples of actions taken by police in connection with juvenile delinquency.
EN
This publication focuses on criminological analysis of juvenile delinquency. The issue has been the subject of thorough research – and heated discussions – for years, which proves how important an issue it is. Yet, the problem of juvenile delinquency so far remains unsolved. What is of particular concern is that the increased frequency of young people turning to pathological behaviours puts psychophysical development of society in danger. Criminological studies indicate that depraved young people many often become criminal adults. Importantly, there are no wider criminological studies illustrating juvenile delinquency in a specific area of Warmian-Masurian voivodeship. It is one of the poorest areas in Poland with the highest unemployment rates and the lowest rate of economic development. The eco-nomic transformation in 1990s involved closures of state-operated farms and restructuring of state-owned industrial plants and affected areas still have high levels of poverty, unemployment and crime. Passiveness of the so-called “post-state-operated-farming-communities” and their strong demanding attitudes towards the state are serious social problems today. They are also indicated to be the source of criminal behaviour, also in the youngest members of the communities. The main research intention of this paper was to obtain a criminological characteristic of juvenile delinquents. The research was also to explain the phenomenon of juvenile delinquency. The research employed an indirect observation method consisting in analyzing official documents, namely court files of such proceedings in which a punishable offence was committed by a minor. The investigation included four court districts in the voivodeship: in Olsztyn, Iława, Giżycko and Szczytno. The choice of the district was guided by the diversity of the urban and industrial development, population size, and unemployment rate of the areas. The sample areas are thought to be representative for the whole voivodeship and the results of the study can be deemed more general and translated into wider population.
EN
In 2012, the criminal record of 196 former pupils of three youth educational centres who stayed there in 2005–06 was examined. In the light of data from the National Criminal Record, up to the age of 20, 69.4% of them were convicted by the courts, of whom 71% were in prison or remand centre. The highest risk of breaking the law occurs up to the age of 19. Juveniles who were removed from the register of the institution due to absence Konflikty z prawem byłych wychowanków... (s. 137–148) 147 more frequently and earlier break the law than those who leave the institution as a result of a court decision. The obtained data were discussed in the context of rehabilitation in correctional facilities.
PL
W roku 2012 sprawdzono karalność 196 byłych wychowanków trzech młodzieżowych ośrodków wychowawczych, którzy przebywali w nich w latach 2005–2006. W świetle danych z Krajowego Rejestru Karnego do ukończenia 20. roku życia zostało skazanych przez sądy 69,4%, z których 71% miało na swoim koncie pobyt w zakładzie karnym lub areszcie śledczym. Największe ryzyko konfliktu z prawem występuje do ukończenia 19 roku życia. Nieletni, którzy zostali skreśleni z ewidencji placówki z powodu nieobecności częściej i wcześniej popadają w konflikt z prawem niż opuszczający placówkę w wyniku postanowienia sądu. Uzyskane dane przedyskutowano w kontekście resocjalizacji zakładowej.
PL
W roku 2012 sprawdzono karalność 196 byłych wychowanków trzech młodzieżowych ośrodków wychowawczych, którzy przebywali w nich w latach 2005–2006. W świetle danych z Krajowego Rejestru Karnego do ukończenia 20. roku życia zostało skazanych przez sądy 69,4%, z których 71% miało na swoim koncie pobyt w zakładzie karnym lub areszcie śledczym. Największe ryzyko konfliktu z prawem występuje do ukończenia 19 roku życia. Nieletni, którzy zostali skreśleni z ewidencji placówki z powodu nieobecności częściej i wcześniej popadają w konflikt z prawem niż opuszczający placówkę w wyniku postanowienia sądu. Uzyskane dane przedyskutowano w kontekście resocjalizacji zakładowej.
EN
In 2012, the criminal record of 196 former pupils of three youth educational centres who stayed there in 2005–06 was examined. In the light of data from the National Criminal Record, up to the age of 20, 69.4% of them were convicted by the courts, of whom 71% were in prison or remand centre. The highest risk of breaking the law occurs up to the age of 19. Juveniles who were removed from the register of the institution due to absence Konflikty z prawem byłych wychowanków... (s. 137–148) 147 more frequently and earlier break the law than those who leave the institution as a result of a court decision. The obtained data were discussed in the context of rehabilitation in correctional facilities.
PL
Artykuł poświęcony jest analizie funkcjonowania społecznego i psychologicznego młodzieży dokonującej ucieczek z domu, której celem było głębsze zrozumienie tego zjawiska w warunkach polskich w odniesieniu do grupy młodzieży objętej postępowaniem sądowym. Ucieczki z domu są wymieniane wśród czynników zwiększających ryzyko utrwalenia zaburzeń zachowania, a ich konsekwencje obejmują negatywne doświadczenia emocjonalne, zaburzenia rozwoju osobowościowego, kontakt ze środowiskiem osób niedostosowanych społecznie, popadanie w uzależnienia od środków psychoaktywnych, narażenie na przemoc itp. Badaniu poddano grupę 151 młodych ludzi opiniowanych sądowo-psychologicznie w wieku od 11 do 18 lat (M = 15,42, SD = 1,36), w której dziewczęta stanowiły 62,3% (n = 94), a chłopcy 37,7% (n = 57). Analizę psychospołecznych uwarunkowań ucieczek z domu prowadzono z uwzględnieniem płci i wieku badanych w obszarze przejawów niedostosowania społecznego, relacji społecznych, charakterystyki środowiska rodzinnego, w tym narażenia na przemoc. Wyniki wskazują na istnienie szeregu intersujących zależności i wieloczynnikowe uwarunkowanie ucieczek z domu. Czynniki kontrolowane w badaniu mogą stanowić podstawę formułowania programów prewencyjnych ukierunkowanych na młodzież szczególnie zagrożoną ucieczkami.
EN
The article presents the analysis of social and psychological functioning of young people who run away from home. The aim of this analysis was deeper understanding of this phenomenon in the group of young Polish people undergoing psychological court assessment. Runs away from home are mentioned among the factors increasing the risk of persistence of behavioral disorders, and their consequences include negative emotional experiences, personality development disorders, contact with the environment of socially maladjusted people, becoming addicted to psychoactive substances, exposure to violence, etc. The study involved a group of 151 young people subjected to forensic psychological assessment at the age from 11 to 18 years (M = 15.42, SD = 1.36), with n = 94 (62,3%) girls, and n = 57 (37,7%) boys. The analysis of the psychosocial characteristic was carried out taking into account the gender and age of the respondents in the area of symptoms of social maladjustment, social relations, characteristics of the family environment, including exposure to violence. The results indicate the existence of a number of interesting relationships and multi-factor conditioning of escapes from home. The factors controlled in the study may form the basis for the formulation of preventive programs targeting young people particularly at risk of running away.
EN
This article deals with the issue of juvenile delinquency with the specification of criminal offenses committed by these persons. You can also find content that relates to the ex planation of the word politics, which is the starting point for the policy of applying educational and corrective measures by the courts towards minors. A quantitative analysis of national data obtained from the Ministry of Justice for 2008–2016 confirmed the results of original research on the application of preventive measures by the courts. The key element is to pay attention to the court's policy concerning the measures applied, in terms of the changing catalogue of crimes. With a clear emphasis on the lack of progress in relation to the legislative changes, both concerning the Act on Proceedings in Juvenile Cases and the Criminal Code itself.
PL
Artykuł porusza problematykę przestępczości osób nieletnich z wyszczególnieniem czynów karalnych popełnianych przez te osoby. Podjęto także próbę wyjaśnienia samego terminu polityka, która jest punktem wyjścia w odniesieniu do polityki stosowania środków wychowawczych i poprawczych przez sądy względem osób nieletnich. Na podstawie danych uzyskanych z Ministerstwa Sprawiedliwości za lata 2008–2016 w odniesieniu do całego kraju opracowano analizę ilościową, co potwierdzają wyniki badań własnych dotyczące zastosowania środków zapobiegawczych przez sądy. Natomiast w podsumowaniu kluczowym elementem jest zwrócenie uwagi na politykę sądów w stosunku do zastosowanych środków w przełożeniu na zmieniający się katalog przestępstw popełnianych przez osoby nieletnie z wyraźnym podkreśleniem braku postępów w stosunku do zmian legislacyjnych zarówno w odniesieniu do ustawy o postępowaniu w sprawach nieletnich, jak i samego Kodeksu karnego.
EN
Patterns of offences committed by youth aged 13–16: in contemporary Poland and fifteen years earlier – in the 1980s. The limit is 1989, a year when major social and political changes in Poland begun. What was different and what was similar in offences between these two groups of youth.
EN
In accordance with the criminal legislation in force in Poland, the term of juvenile delinquents comprises those persons who have committed a criminal offence before completing their seventeenth year of age. Such juveniles are prosecuted, as a rule, before special juvenile courts; they may be sentenced only to the application of various kinds of educational means, or be placed in a correctional institution. The subject of the present contribution is an analysis of the statistical materials connected with the juvenile persons found guilty within the ten years 1951- 1960. Such materials, making up the judicial statistics of juvenile delinquency, are formed by adding up the records from record cards filled by the law-courts - in every single case where educational and correctional means have been decreed with regard to a juvenile person. Consequently, the above statistics are in Poland, as, incidentally, in a great many other countries, those of findings of guilt, and not of the persons found guilty; every juvenile person is counted there as many times as the application of such means was decreed with regard to him. The data contained in such and similar statistics are known not to provide information about the actual dimensions of juvenile delinquency. A sporadic perpetration of certain minor offences, particularly theft, is extremely widespread among the totality of children and young people, and the perpetrators of such offences brought to light and prosecuted before the law-courts constitute but an insignificant percentage of the total number of juveniles who have committed this or that offence. Independently of the above-mentioned record cards, which furnish us with a great many data concerning the juveniles found guilty, there exist other sources of information concerning a certain even wider category of juveniles, namely those, against whom there was a suspicion, at some stage or other of the prosecution, that they were the perpetrators of offences: special court reports and police statistics. The data taken from judicial reports inform us that the juvenile courts dealt, in the years 1951 to 1960, with 25,000 to 38,000 cases of juvenile delinquents every year. Approximately 56 to 61 per cent, of those juveniles with regard to whom the application of educational and delinquents every year. consisted of persons correctional means was decreed (i. e. the juveniles found guilty), from 20 to discontinued in the 31 per cent. - juveniles, prosecution against whom was of preparatory proceedings, 6 to 11 per cent. - the juveniles acquitted, - those, whose cases were dealt with in some other ordinary law-court, course and 7 to 12 per cent. –(most frequently by making the case over to an because of the suspect person having completed 17 years of age). quite exceptionally appealed against by the Public Prosecutor, and very rarely by the accused themselves (in a mere cent, of the cases). In at least one-half of the total number of cases maintained in force by the courts way The decrees of juvenile courts are 3 to 5 per of appeal the decrees appealed against are of appeal. It was only in very few cases that the alteration of the decrees appealed against found their expression in the finding guilty of a juvenile acquitted, or else in acquitting one found guilty; mostly they consist in changing the educational means of the making accused over to a correctional institution. Between the number of juveniles, whose cases are annually dealt with by juvenile courts, and the number of juveniles suspected by the police of the perpetration of offences there were, particularly in the years 1951 - 1954, considerable differences, which showed that a large number of juveniles with whom the juvenile courts had to deal, were directed there not by the police. ? Within recent years such differences have become much smaller, so that at considered that the large majority of cases dealt with by the juvenile courts find their way there through the intermediary of the police Year                           Rate            Index number of juveniles found guilty           1951       15641        4.5                  100.0 1952       18022        5.3                  117.8   1953       21444        6.5                  144,4 1954       18495        6.0                  133,3 1955       16307        5.5                  122,2 1956       13474        4.6                  102,2 1957       15019        4.9                  108,9 1958       16821        5.1                  113,3 1959       19730        5.6                  124,4      1960       20520        5.4                  120,0     In spite of the appearance, within the ten-year period in question, of certain variations in the frequency of juveniles being found guilty, a detailed analysis of the data provided by both judicial and police statistics has demonstrated that there were no foundations for an assumption that such variations were connected with any actual increase or decrease in juvenile delinquency. The yearly frequency of juveniles being found guilty (i. e. of persons between the ages of ten and sixteen) was expressed, throughout the 1951 - 1960 period, by an average rate equal to 5.3.   In accordance with the latest data available to us from the pre-war period, namely from 1937, the number of juveniles found guilty that year amounted to 29384, while the frequency of their findings of guilt was only slightly higher than the average rate for the years 1951 - 1960; the corresponding rate amounted to 5.5. If the frequency of juveniles being found guilty were to remain, within the nearest future, on the same level as in the years 1959 - 1960 (when the rate amounted to about 5.5), then - in connection with the ever more numerous age-groups, composed of children born after the war, and now reaching the “ juvenile” age groups - the probable number of juveniles found guilty would amount to about 26320 in 1965, consequently by some 28 per cent, more than in 1960. In order to evaluate properly the amount of the findings of guilt of larger groups of juveniles over longer periods of time, the rates which inform us about the above frequency within one year only, are of no use. Therefore in order to achieve this aim we must look for other measurements of the frequency of findings of guilt. It appears particularly tempting to take for such a measurement the percentage of persons who had been found guilty of offences committed while they were still juveniles, as compared with the total number of those born within the year in question. If the above percentage be calculated with regard to the number of persons born within one calendar year at the moment when they completed seventeen years of age, that measurement will inform us, what part of the group of persons who have just become adults consists of those who had been found guilty as juvenile delinquents.    The appropriate calculations have been made for persons born in the years 1941 to 1944, i. e. for persons who are from nineteen to twenty-two years old in 1963. At the moment when they were just seventeen, from 3.5 to 3.8 per cent, of their number consisted of persons found guilty for offences committed while they were juveniles. As for boys alone, the above-mentioned percentages were of the size of from 6.3 to 6.8 per cent., which means that, approximately, every fifteenth young man born in the years 1941 to 1944 was previously found guilty of offences committed during the period when he was still a juvenile. One of the problems which a considerable deal of attention has been devoted to in the present contribution are the local differences between the degree of frequency of juveniles being found guilty. Two aspects of the problem were disscussed: that of the differences in the size of the rates calculated for the several voyevodships, and for town and country respectively.   Even though Poland is divided into twenty-two large administrative units, called voyevodships, yet in the present contribution their number was assumed to be only seventeen; this was done by joining the five largest cities, having the status of a separate voyevodship, with the surrounding voyevodships (thus e. g. Warsaw and the voyevodship of Warsaw, Poznan and the voyevodship of Poznań, etc., have been treated as one single voyevodship). In the size of the rates, therefore, calculated on the basis of the number of the juveniles found guilty in the several voyevodships, there appeared considerable differences, which, however, proved to be smaller towards the end of the ten-year period under investigation, than they had been at its beginning. When, within each year, the voyevodships were placed in a sequence corresponding to that of the size of the coefficient of juvenile delinquency, it appeared that a relatively higher degree of frequency of juveniles being found guilty were always characteristic of some voyevodships, while others showed a relatively lower degree of frequency (W = 0.87)[1]. It also appeared that there existed a correlation between the degree of frequency of juveniles being found guilty in various voyevodships and the degree of frequency of the convictions of young persons between the ages of seventeen and twenty (in 1955: % = 0.53; in 1957: t = 0.51)[2]; on the other hand, correlation with the intensity of adult convictions looked rather doubtful. Generally speaking, a relatively higher degree of frequency of juveniles being found guilty was characteristic of the western and north-western voyevodships, while in the remaining areas of the country it was distinctly lower. Of course, the question arises of how to explain the above differences in the size of the rates. An attempt was made to provide an answer, by establishing whether the voyevodships with a high degree of frequency of findings of guilt were also those where such phenomena, thought to affect the increase or decrease of juvenile delinquency, appeared. For this purpose a number of demographic data of various kinds have been made use of, viz. those showing the characteristic features of , above all the dimensions and intensity of population migrations, the process of urbanization and industrialization. The following results have been obtained.[3] The voyevodships which were characterized by the highest degree of frequency of juveniles being found guilty were, as a rule, the very same voyevodships, in which the population migrations caused by the Second World War and by its consequences have attained the most considerable dimensions, as well as those, in which in the years 1952 to 1957 there was recorded the largest population increase and its smallest decrease connected with the voyevodship- to - voyevodship migrations. These were, moreover, the following voyevodships: those where a considerable part of the population drew their principal livelihood from sources other than agriculture; those where the bulk of the population consisted of town->dwellers, and finally those, where the urbanization process during the years 1950 to 1960, was most rapid as compared with the 1950 level. Marked differences have been observed in the frequency of juveniles being found guilty as between town and country. In the towns it was approximately three times higher than in the country (the corresponding rates, in 1960, amounted to 8.4 and 3.0, respectively). Consequently, one in every one hundred and nineteen juveniles was found guilty in towns, as compared with one in every three hundred and thirty three in the country. The lack of appropriately detailed demographic data has made impossible a more precise analysis of the frequency of juveniles being found guilty as between towns of various sizes. All we know is that, in 1960, the rate equal to 9.7 for the five largest cities, each of which has over 400,000 inhabitants, was higher than that in the -remaining towns (8.1). Judging from the 1960 data, in the voyevodships where the intensity of juvenile convictions was relatively high in the towns, it also proved to be relatively high in the country (T = 0.56). The dimensions of the intensity of juvenile convictions in the country seem to be somewhat connected with the degree of “ urbanization” of the countryside: viz. in those voyevodships, in which the frequency of findings of guilt in the country was higher than that in others, the percentage of persons, among the rural population, who drew their livelihood from trades other than agriculture being also higher (T = 0,29). Among the total number of juveniles found guilty, the enormous majority (approximately 90 per cent.) consisted of boys, whereas their percentage increased, from 89 per cent, in 1951 to 93 per cent, in 1960. Similarly, among the young people and young adults between seventeen and twenty years of age, the share of men increased within the same period. As a result of this, while in 1951 the rate for boys (7.8) was seven times higher than that for girls (1.1), by 1960 it was already as much as twelve times higher (the corresponding rates then amounted to 9.9 and 0.8 respectively). The frequency of boys being found guilty was expressed by a mean rate amounting to 9.7, while that for girls was 1.0; in the period under investigation, therefore on an average one boy in one hundred and Tyree was found guilty, and one girl in a thousand, both of them within the age groups of from ten to sixteen years of age. Relative differences in the frequency of juveniles being found guilty which appeared as between the several voyevodships exhibited marked features of constancy, for boys (W = 0.85), as well as for girls (W = 0.82). It has also turned out that for both boys and girls, there existed a correlationbetween the frequency of their being found guilty in the several voyevodships, and the degree of frequency, in the voyevodships in question, of the above social phenomena which strongly affect juvenile delinquency. In the years 1959 and 1960 the frequency of boys being found guilty was more than ten times higher than that of girls, bath for town-dwellers and for village-dwellers. The number of juveniles found guilty gradually increases as we pass from the junior to the senior age groups. Among the total number of juveniles found guilty there were three to four times less ten-year-olds than there were fourteen-, fifteen-, or sixteen-year-olds. The average degree of frequency of juveniles being found guilty within the several age groups was as follows within the period under investigation (in rates per 1000 persons in the corresponding age groups): 10-year-olds   2.4 11-year-olds   3.5  12-year-olds  4.8 13-year-olds  6.3 14-year-olds  7.1 15-year-olds  7.7 16-year-olds  6.6     The fact that the rate obtained for 16-year-olds is lower than that for 15-year-olds results from the author’s inability (because of the lack of the appropriate data) to take into consideration to a sufficient extent approximately twenty to thirty per cent, of the 16-year-olds, namely those who were convicted by ordinary law-courts after having completed their seventeenth year of age, and consequently when they were already adults.   Within the 1951 through 1960 period the average age of the juveniles found guilty in the successive years underwent changes connected, to some extent at least, with the total number of juveniles in the several year-groups. While in 1951 the average age of the juveniles found guilty was 14.0 years, by 1955- 1957 it had reached 14,2 years and subsequently it gradually dropped to 13.8 years in 1960. The above observation has proved to be very important: for, indeed, it was the changes in the juveniles’ age that made it possible for us to explain a number of discrepancies found to occur in the information concerning the juveniles found guilty in various years of the period under investigation.   The average concentration of conviction rates for boys and girls, as well as the quotient of their respective numbers are as follows in the period under investigation for the several age-groups within a year:                          Boys     Girls         for 100 boys found guilty there                                                         were girls found guilty   10-year-old      4.3      0.3            6,8 11-year-old      6. 5      0.4           6.6    12-year-old      8.9      0.6.           7.0       13-year-old     11.6     0.9           7.2 14-year-old     12. 9.  1.2            9.4 15-year-old      13.5   1.9           13.9 16-year-old.     11.2   2.0           17.2 The above remarks concerning the value of the rates for 16-year-olds, as well as the changes in the average ages of those found guilty, naturally also apply both to boys and to girls. In every year of the 1951 to 1960 period the girls found guilty were, on average, older than the boys found guilty; the differences between their average ages have proved to be statistically significant[4]. The girls found guilty within the 1959 to 1960 period were also significantly older while than the boys found guilty in the same years, only for town-dwellers, the difference was not significant for village-dwellers. It has also been established that the boys found guilty within the same years and living in towns were significantly younger than those living in the country, while no such differences have been found to occur in the case of girls. The frequency of findings of guilt of the oldest age-groups of juvenile boys from the towns has assumed serious proportions:, in 1959 and 1960 from 2.0 per cent, to 2.7 per cent, of the total number of town-dwelling 14 to 16-year-old boys were annually found guilty. Among the 20,520 juveniies found guilty in 1960 - 15,927 (77.6 per cent.) had both parents living, 3,650 (17.8 per cent.) had only a mother, 720 (3.5 per cent.) had only a father, while a mere 223 (1.1 per cent.) were orphans. In the years 1953 to 1956 the family situation of the juveniles found guilty assumed even less favourable proportions: a bare two-thirds of their number had both parents living, half-orphans constituted about thirty per cent., while complete orphans from 3 to 4 per cent.   The percentage of juveniles who were actually under the guardianship of both parents was, in every single year, lower by several per cent, than the percentage of those who had both parents alive. Approximately one in every four or five juveniles found guilty was under the guardianship of a solitary mother (either widowed or else deserted by her husband).   On the basis of judicial statistics alone it is impossible to form a proper opinion of what social strata the juveniles found guilty were recruited from. Only indirect and but vaguely approximate information concerning that may be found in the data on the kind of occupation of the parents or guardians of the juvenile in question; for the years 1953 to 1960 they presented the following picture: juveniles whose parents (guardians) were manual workers amounted to from 60 to 62 per cent., the children of white-collar workers - from 9 to 10 per cent., farmers (the enormous majority of them had farms of their own) - from 19 to 22 per cent., artisans working in their own workshops or small traders - from 1 to 2 per cent.; the remaining few per cent, of juveniles consisted of those, whose parents or guardians remained without any permanent occupation, or of juveniles who had neither parents nor guardians. Among the juveniles found guilty every year from 81 to 88 per cent, committed offences against property (as a rule, of theft); most them had committed crimes against the property of private citizens, while the remaining ones - against social property. Juveniles prosecuted for crimes against life and health accounted for from 3 to 6 per cent.., for sexual offences - for from 0.7 to 1.4 per cent., for forgery of documents - for from 0.5 to 2.1 per cent., while a few per cent, were found guilty every year of various other kinds of criminal offences. The perpetrators of serious crimes (such as homicide, manslaughter, serious bodily damage, robbery, rape, intimacy with minors below fifteen years of age) accounted for a mere few per cent, of the total number of the juveniles found guilty. Between the structure of the delinquency of the town-dwelling and that of the village-dwelling juveniles, as well as between that of boys and girls, certain minor differences were recorded, which – as proved by test x2 - were statistically significant. Age proved to be a factor which seriously influenced the structure of juvenile delinquency, as we move from the younger to the older age-groups, their criminality becoming more and more differentiated. Thus, e.g. in 1960 those prosecuted for the perpetration of offences against property accounted for 92 per cent, of the 10-year-olds found guilty, while only for 76 per cent, of the 16-year-olds; in the case of those prosecuted for offences against life and health the appropriate figures were 3 per cent, and 11 per cent, respectively, in sexual offences: 0.2 in document forgery: 0.1 per cent, and 1.4 per cent. Similarly the kinds of theft, the offence most frequently committed by juveniles, assumed various aspects, in accordance with their perpetrators. It appeared that certain changes in the structure of juvenile delinquency, which came to light in the course of the 1955 to 1960 period, were almost exclusively connected with the decrease in the average age of the juveniles found guilty during those years. One of the age pieces of information concerning the offence for which a juvenile was prosecuted before the courts, consists of the data recorded on the registration card, whether he or she has committed his or her offence individually or else in co-operation with other persons. Even though the entries on the registration card do not contain any information as to the character of the bond which united the juvenile to the persons who have perpetrated offences together with him, yet it could be assumed - on the basis of the results of special research on that problem - that, in every single case those found guilty of offences committed together with at least two fellow-perpetrators, were members of gangs of juvenile delinquents.                    The juveniles prosecuted for offences committed in a group (i.e. along with two or more fellow-perpetrators) constituted a considerable percentage of those annually found guilty (from 34 to 39 per cent.), a percentage only slightly lower than that of juveniles prosecuted for offences individually (from 38 to 43 per cent.). As could be surmised, the percentage of juveniles who committed offences on committed ones group was actually even higher in proportion to the total number of juveniles found guilty; for, indeed as a many of such juveniles were recorded in judicial statistics among the accused found guilty of the commission of offences perpetrated together with one fellow-perpetrator.   The percentage of juveniles who co-operated with adults (who were, as young adults, between seventeen and twenty years of age) in no single year of the period under investigation exceeded 9 per cent, of the total number of juveniles found guilty of committing offences together with other persons. The considerable importance which is ascribed, in the etiology of juvenile delinquency, to groups, has encouraged the author to check the question of whether, in the voyevodships with a relatively high frequency of juveniles being found guilty, those found guilty of the commitment of crimes perpetrated in a group were also relatively more numerous. That assumption was proved to be well-founded: for the data from the successive years of the 1957 to 1960 period the values of t obtained remained within years the range of from 0.50 to 0.60.   High percentages of juveniles found guilty of offences committed in a group (from 45 to 55 per cent.) among the total number of juveniles found guilty in the voyevodship in question, as well as low percentages (from 25 to 30 per cent.) were recorded in approximately the same voyevodships, in the 1957 to 1960 (W = 0.74).   Both the above observations also apply to boys, while in the case of girls, we lack foundations for considering that the territorial distribution of the girls who had committed offences in a group was connected with the degree of frequency of their being found guilty.   Neither has the assumption found its confirmation that there could exist a connection between the degree of frequency of juveniles being found guilty and the frequency of adult persons appearing in groups of juveniles. Cases of committing offences in a group were considerably more frequent for boys (from 36 to 41 per cent.) than girls (from 9 to 12 per cent.); approximately three-fourths of the girls found guilty were prosecuted for offences committed individually, while for boys the corresponding figure was only slightly above one-third. A marked dependence has been found to exist between the sex of a juvenile and the fact of his or her committing offences individually or else in groups. The juveniles who committed offences in groups have proved to be than those who committed them individually; this significantly younger observation holds for both boys and girls. Significant differences have been found to exist between the structure of the delinquency of the juveniles who acted as a group, and those who committed offences individually; these found their expression, foremost, in the juveniles who belonged to gangs of juvenile offenders frequently committing offences against property. On the basis of the materials contained in the judicial statistics only formal recidivism could be stated to exist, consequently it was possible to find out how many (and what kind of) juveniles found guilty e.g. within any given calendar year had already been found guilty before. Even such data, however, are far from complete; this is connected, in particular, with certain peculiarities of Polish criminal procedure, as of the recording of the findings of guilt of juveniles in judicial statis- first and more well as with the scope tics. Some of the more important among the data mentioned above are as follows: The percentages of recidivists among the juveniles found guilty within every single year of the 1953 to 1960 period were found within the range of from 12 per cent, to 18 per cent. About four-fifths of the recidivists consisted of juveniles who had only 1 In 1956 the compulsory school attendance (comprising seven classes of the elementary school) was extended to sixteen years of age, and in 1961 even to one appearance in court in the past; there were less than one hundred juveniles yearly who had previously been found guilty three times, and merely from fifteen to thirty who had been found guilty four or more times. An analysis of the local differences between the percentages of recidivists among the total number of juveniles in the several voyevodships has led to the conclusion that there did not exist any correlation between the degree of frequency of findings of guilt and the formal recidivism of juveniles. Juvenile recidivists were considerably more numerous among those found guilty who lived in cities and towns (from 14 per cent, to 23 per cent.) than among those who lived in the country (from 6 per cent, to 10 per cent.), considerably more numerous among boys (from 12 per cent, to 19 per cent.) than among girls (from 5 per cent, to 10 per cent.), among older offenders than among younger ones, among orphans and half-orphans than among those juveniles who were under the guardianship of both parents.   The structure of the delinquency of juvenile recidivists differed signifi- cantly from the structure of the delinquency of those juveniles who were prosecuted for the first time; in particular, juvenile recidivists were more frequently prosecuted for offences against property than were non-recidivists. Among those data of the judicial statistics of juvenile delinquency which have not been discussed in the present contribution, particularly noteworthy is the information concerning the amount of school education received by the juveniles found guilty. Even though, in the course of the period under investigation, the situation in so far as their training was concerned underwent a considerable improvement, it is still most unfavourable in various respects.    In the years 1954 to 1958 barely from 61 to 65 per cent, of the total number of juveniles found guilty attended school (by 1960 the percentage had increased to 81); in the same years from 20 to 25 per cent, of the total number of juveniles found guilty neither attended school nor worked (in 1960 - 13 per cent.). The percentage of those not attending school at an age of below 14 years (i.e. those still within the school-attending age) 1[5] was by several per cent, higher among the juveniles found guilty in all age groups than it was among all the children in Poland (in whose case it did not exceed 1 or 2 per cent.).   The belatedness in school curriculum of the juveniles found guilty was enormous and considerably exceeded the belatedness to be met with among the total number of school children in Poland.   Among the latter there were - depending on the class attended - from two-thirds to nine-tenths of the total number of pupils who had the age proper for the class in question, while among the juveniles found guilty who attended school there were (in the majority of the classes attended) considerably below one-half such pupils. The percentages of juveniles belated by three or more years in their school curriculum were many times higher among the juveniles found guilty than they were among the total number of school children.   The education level of those juveniles who had abandoned learning and were found guilty in the 1954 through 1960 demonstrated that barely from 36 per cent, to 46 per cent, of them finished the seven-class obligatory elementary education.   21. The materials contained in judicial statistics also make possible an analysis of the law-courts’ policy in the field of decreeing educational and correctional means, as well as providing some information on the application of the means mentioned above. The presentation of the results of such an analysis, however, would require a separate publication.   [1] This dependence was fixed by making use of Kendall’s coefficient of concordance W. (Cf. M. C. Kendall: Rank Correlation Methods, London 1955). In this case, as well as in all the others, the values of statistical tests have been provided, when the hypothesis of the independence of the variables investigated could be rejected at least at a level of significance of 0.05. [2] For the purpose of establishing the relation between the two rankings use was made of Kendall’s rank correlation coefficient %. (Cf: M.G. Kendall: Rank Correlation Methods, London 1955). [3] As a measurement of the correlation between the frequency of juveniles being found guilty and the several demographic variables investigated the rank correlation coefficient, was accepted. [4] Cf. H. Cramer: Mathematical Methods of Statistics (Polish translation, Warszawa 1958). [5] In 1956 the compulsory school attendance (comprising seven classes of the elementary school) was extended to sixteen years of age, and in 1961 even to 18 years, comprising eight classes of the elementary school.
EN
This study presents the theory of intergenerational transmission of criminal behaviour. The conviction of fathers is related to the convictions of their male offspring and to the psychosocial risk factors. In the second part of the article SAT (Situational Action Theory) is described. SAT explains how person-setting interactions influence people to follow or breach rules of conduct (stated in law).
PL
Przedmiotem analizy jest teoria międzypokoleniowej transmisji zachowań przestępczych. Karalność ojców odniesiona została do karalności ich synów oraz do psychospołecznych czynników ryzyka. W drugiej części artykułu omówiono teorię SAT (sytuacyjna teoria działania), która wyjaśnia, w jaki sposób interakcje pomiędzy jednostką i jej środowiskiem wpływają na przestrzeganie bądź łamanie norm odnoszących się zachowania (zwłaszcza norm prawnych).
PL
W artykule zaprezentowano wyniki badań własnych, dotyczących uwarunkowań postaw nieletnich wobec instytucji wymiaru sprawiedliwości i instytucji kontroli formalno-prawnej w Polsce. Uzasadnienie do podjęcia badań stanowi szeroko rozumiany kontekst uczenia się, którego integralnym elementem jest postawa wobec jakiegoś obiektu lub zdarzenia, manifestowana jako trwały sposób zachowania wynikający z przyjętych przekonań. Wśród wielu uwarunkowań negatywnych postaw nieletnich wobec wymiaru sprawiedliwości szczególne znaczenie ma obszar działania instytucji wymiaru sprawiedliwości i uczestników postępowania w sprawach nieletnich, takich jak sąd, obrońca oraz instytucji kontroli formalno-prawnej czyli Policji.
EN
The aim of the article is to present the results of my own research concerning the key conditions of attitudes of youth (referred to as juveniles or juvenile delinquents) towards institutions of the justice system and institutions of formal control in Poland. The rationale behind conducting the study lies in a broadly understood concept of learning, an integral element of which is the attitude towards a certain object or event manifesting itself as a persistent behaviour resulting from accepted beliefs. Among the many conditions of juveniles’ negative attitudes to the justice system, especially important is the area of the functioning of institutions of the justice system and participators in juvenile delinquency proceedings, such as the court or defender, and institutions of formal control, that is, the police.
EN
The aim of the article is to present the results of my own research concerning the key conditions of attitudes of youth (referred to as juveniles or juvenile delinquents) towards institutions of the justice system and institutions of formal control in Poland. The rationale behind conducting the study lies in a broadly understood concept of learning, an integral element of which is the attitude towards a certain object or event manifesting itself as a persistent behaviour resulting from accepted beliefs. Among the many conditions of juveniles’ negative attitudes to the justice system, especially important is the area of the functioning of institutions of the justice system and participators in juvenile delinquency proceedings, such as the court or defender, and institutions of formal control, that is, the police.
PL
W artykule zaprezentowano wyniki badań własnych, dotyczących uwarunkowań postaw nieletnich wobec instytucji wymiaru sprawiedliwości i instytucji kontroli formalno-prawnej w Polsce. Uzasadnienie do podjęcia badań stanowi szeroko rozumiany kontekst uczenia się, którego integralnym elementem jest postawa wobec jakiegoś obiektu lub zdarzenia, manifestowana jako trwały sposób zachowania wynikający z przyjętych przekonań. Wśród wielu uwarunkowań negatywnych postaw nieletnich wobec wymiaru sprawiedliwości szczególne znaczenie ma obszar działania instytucji wymiaru sprawiedliwości i uczestników postępowania w sprawach nieletnich, takich jak sąd, obrońca oraz instytucji kontroli formalno-prawnej czyli Policji.
PL
Celem niniejszego artykułu jest przedstawienie przestępczości nieletnich jako zagrożenia dla bezpieczeństwa publicznego. Głównym problemem badawczym jest pytanie – jakie są skutki przestępczości nieletnich dla bezpieczeństwa publicznego? W artykule ukazano etiologię zjawiska przestępczości oraz wskazano rodzaje przestępstw popełnianych przez nieletnich. Zaprezentowano również przestępczość nieletnich w świetle danych statystycznych, co posłużyło do porównania skali zjawiska w Polsce i innych państwach Unii Europejskiej. Badania zrealizowano na podstawie opracowań poświęconych problemowi przestępczości nieletnich, a także bezpieczeństwa i przestępczości ogółem. Źródła te dotyczyły systemu prawnego panującego w Polsce, działalności poszczególnych instytucji państwowych oraz uwarunkowań i skutków przestępczości. Wykorzystano także treść aktów prawnych oraz dokumentów: informacji i raportów dotyczących postępowania przeciwko nieletnim i innych patologicznych zjawisk, a także warunkujących działanie poszczególnych organów państwowych w przeciwdziałaniu negatywnym zjawiskom społecznym.
EN
The purpose of this article is to present juvenile deliquency as a threat to public security. The main research problem is the question – what are the consequences of juvenile delinquency to public safety? The article shows the etiology of the phenomenon and identifies types of crimes committed by minors. It also presentes juvenile delinquency in the light of statistical data, which was used to compare the scale of the phenomenon in Poland and other European Union countries. The research was carried out on the basis of studies devoted to the problem of juvenile delinquency, as well as security and crime in general. Sources concerned the legal system in Poland, the activities of the various state institutions and the conditions and consequences of crime. The content of legal acts and documents: information and reports on the proceedings against minors and other pathological phenomena, as well as conditioning the performance of individual state bodies in the fight against negative social phenomena were also used.
EN
An alarming phenomenon of modern times is the growing number of juvenile offenders and the type of criminal acts they commit, which indicate the increasing brutality of youth behaviour. Compared to previous years, there has been a significant increase in the number of such crimes as grievous bodily harm, rape and involvement in fights or beating. In such a situation, it is vital to provide minors with necessary assistance. However, that will not be achieved by immediate, individual actions and ad hoc measures. Effects can only be obtained through a system based on cooperation with institutions and organisations. The aim of the survey was to establish the opinions of police officers, youth and teachers on the actions tak-en by the police to counteract demoralisation and juvenile delinquency. The summary of the research offers a practical goal, which may serve to recommend optimal police actions that have the potential to deliver safety while reducing juvenile offending.
PL
Niepokojącym zjawiskiem współczesnych czasów jest rosnąca liczba nieletnich spraw-ców i rodzaj popełnianych przez nich czynów karalnych, wskazujących na pogłębiającą się brutalizację zachowań młodzieży. W porównaniu z latami ubiegłymi znacznie wzrosła liczba zaistniałych przestępstw spowodowania uszczerbku na zdrowiu, udziału w bójkach lub pobiciach, zgwałceniach. Konieczne jest niesienie pomocy tym osobom nieletnim, które jednak nie może mieć charakteru doraźnych, jednostkowych działań organizowanych w przypadkowych warunkach. Aby jakiekolwiek działania wywoływały zamierzone efekty, powinny być prowadzone w ramach systemu opartego na współpracy z instytucjami i organizacjami. Głównym celem podjętego postępowania badawczego było zgromadzenie opinii policjantów, młodzieży i nauczycieli na temat działań podejmowanych przez Policję przyczyniających się do przeciw-działania demoralizacji i przestępczości nieletnich. Sformułowano również cel praktyczny, który może rekomendować optymalne działania Policji minimalizujące demoralizację i przestępczość nieletnich.
EN
The article relates to the analysis of responses to violence in the everyday life of a democratic society. The evolution of the juvenile criminal justice system serves here as a litmus paper of the today's neo-liberal European countries. The article critically evaluates the arguments of F. Bailleau and Y. Cartuyvels who present the development of contemporary juvenile justice in terms of neo-liberalism. They claim it is the main reason to answer the question of how long the child should be treated as a child? However, we are still left with the question of what to do with those young people who act like offenders who demand more severe punishment. In her paper, the author presents the possible model of social control that responds to violence using the F.H. McClintoc's model adopted and modified in the model presented by D. Black in Behaviour of Law. The author argues that selecting a criminal model from among different possible models of social control might be an influence of the neo-liberal policy, yet it is not necessary. The examination of different models currently present in the society should help to answer the question of whether the present policy results from the neo-liberal policy as F. Bailleau and Y. Cartuyvels suggest? Or is it rather due to what Zygmunt Bauman named as the penal effect of globalisation? The author examines how much of the present practice within the juvenile justice fits Jean Baudrillard's era of simulacra where we offlcially tend to fight crime and do good, but in practice, as Michel Foucault pointed long time ago, the goal is somewhat different and detached from both the perpetrator and the victim? The paper also looks at how accurate in this case the analysis of Pierre Bourdieu would be that we tend to accept the perceived reality as natural, for we do not have the proper procedure to see that other solutions are also possible? At the end the paper, the author suggests what elements should be included within juvenile justice system to free it of the simulacra syndrome.
EN
The article describes results of research made in Instytut Wymiaru Sprawiedliwości (Institute of Justice) which aimed to specify factors and circumstances influencing tougher penalties for wrongful deeds committed by persons between 15 and 16 years old and to draft a profile of juvenile perpetrators of most dangerous criminal deeds. 292 cases were analysed, of which 71 in criminal courts and 221 in family courts . Cases concerned wrongful deeds under article 10 paragraph 3 of criminal code as of 2004-2008. 375 juvenile perpetrators were studied, of which 134 cases were judged in care and education proceedings, 114 cases in correctional proceedings, and 82 juvenile delinquents were tried in a criminal court. The file research questionnaire included seven parts to examine: the wrongful deed and circumstances of its commitment, characteristics of the juvenile delinquent, information about the injured persons, the course of the preparatory proceedings, proceedings before the court, and the sentenced measures and appeal against them. Information obtained from the research allowed for numerous conclusions. Most of all, it allowed to evaluate the practice of sentencing in cases of juvenile perpetrators of most serious crimes, in particular to evaluate the possibility to sentence the juvenile delinquent under article 10 paragraph 2 of the criminal code. In general, this evaluation is positive. It also appeared that the policy of exceptional penal measures for under age persons has remained the same in the recent years. The cases are not numerous, just as they were not in the past, which supports the idea that possibility of bringing juvenile delinquents to the criminal court is used rather cautiously and as an exception to the rule, in cases of the most drastic character and committed by more demoralized young persons who committed crimes under influence of alcohol, used violence, and dangerous tools. The juvenile who were tried in criminal courts, more often than ones who were tried in family courts, cooperated with adults and acted to the detriment of adults (they caused death of the victim in one fifth of cases ). More of them had been tried in family courts, and educational or correctional measures had failed. In 95% of the cases tried in crim-inal courts the researchers were convinced of the rightness of such method of treatment, and only in few cases tried in family courts there were doubts if not using the article 10 paragraph 2 of criminal code was right because of definitely negative prediction and serious character of the wrongful deed. Assessment if decision was right was difficult as information in the court files were laconic and sporadically even lacked sufficient personal information – particularly in cases qualified for care and education proceedings.
EN
History of criminal studies dates back to the 1930s. However, since 1990s it has been going through a revival. Presently, it is called developmental criminology or life-course criminology. The object of the study was to trace further criminal histories of under-age girls who committed a punishable offence in 2000. Between 2003 and 2005, files of 873 under-age girls were examined . In 2010 it has been 10 years since the studied girls had a court trial. The youngest ones were 23, the oldest ones 27 – and adult women are most frequently sentenced between the age of 23 and 27. The first stage of the study was to apply to National Criminal Registry for information if the perpetrators of criminal deeds committed in 2000 broke the law within the next 10 years as adults, if they were sentenced, if so – how many times, and for what types of crimes. The second stage was to analyse the data from the Registry according to a questionnaire. The third stage was to compare the results with the data obtained previously in the study of the under-age: the crimes which had been committed as well as social and family backgrounds. Data concerning education, profession and work history are hardly present in the Reg-istry. The only information available is profession. It is impossible to obtain information how many sentenced women actually worked as adults. 7 of them (6%) declared “unemployed” so we know they were unemployed but it is unknown if they actually had any profession. Un-doubtedly more than a half of the sentenced women (52%) had no profession. Those who had a profession were cooks (9%), shop assistants (6%) and dressmakers (5%. Three persons (2,7%) were technicians (graduated from technical colleges) of economy and administration, sales, and environment protection. Most women (61%) were sentenced only once, 19 of them twice (17%). Two “record holders” were convicted 11 times during the 10 years. In the adult life, just like previously, most offences are against property. 39% are deeds of exclusively such nature, 23% are offences against property related to other types of offences (e.g. against life and health, safety in transport, documents or related to drug possession and trafficking). In total In total, 62% of crimes were against property. Second noticeable category of crimes (which was not committed by under-age girls) were crimes against transport safety (13,5%). Crimes against health and life were 13% of the overall number. Definitely more adult women than under-age girls commit crimes against document credibility (8%). There are also more punishable deeds related to drug production, trafficking and possession (7%). The study confirms legitimacy of risk factors known for a long time.
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