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PL
Pojęcie „klimat społeczny” nie jest pojęciem obcym w polskiej literaturze naukowej. Od lat prowadzone są w Polsce badania dotyczące klimatu społecznego różnorodnych instytucji, w tym także zakładów poprawczych. Prezentowany artykuł wpisuje się właśnie w ten nurt poszukiwań badawczych. Przedstawione w nim wyniki badań (przeprowadzonych w dziewięciu zakładach poprawczych) obrazują elementy budujące klimat społeczny tych instytucji, jak również wskazują na związki pomiędzy cechami wychowawców i wychowanków badanych zakładów, ich doświadczeniem, aktywnością, a poszczególnymi wymiarami panującego w nich klimatu społecznego.
EN
The term “social climate” is not unknown in Polish scholarly publications. The research concerning the social climate of various institutions, including detentions centres, has been carried out for years. The present article concentrates on this kind of academic research. The results of the research (carried out in nine detention centres) illustrate the elements that build up the social climate of these institutions. They also indicate the relations between supervisors and pupils, their features, experience, activity and the dimensions of the social climate.
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2019
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vol. 9
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issue 2
127-138
EN
The article consists of two parts. The first one describes types of rehabilitation programmes implemented in juvenile detention centres and juvenile shelters throughout the country. The richness of ideas, great diversity, and extensive cooperation with the open environment are not accompanied by an equally high level of programme evaluation. When writing about the rehabilitation effectiveness of their programmes (we deal with this in the second part of the text), the authors of the presented programmes refer to the following effectiveness indicators: acquisition of specific knowledge, new and useful skills, and specific social competences, by juveniles. For the authors, observation of these indicators in the programmes equates to obtaining a satisfactory result in the rehabilitation process. In most cases, indicators are registered using uncontrolled (unstructured) observation. Only 9 out of 59 programmes involved a form of evaluation based on tools that are not burdened with methodological deficiencies as opposed to uncontrolled observation; those tools included a questionnaire, a test and a case study. 9 programmes did not have any form of evaluation, while in 20 others, naturalistic observation was used.
PL
Artykuł składa się z dwóch części. W pierwszej scharakteryzowano rodzaje programów resocjalizacyjnych realizowanych w zakładach poprawczych i schroniskach dla nieletnich na terenie całego kraju. Bogactwu pomysłów, wielkiej różnorodności, szeroko realizowanej współpracy ze środowiskiem otwartym nie towarzyszy równie wysoki poziom ewaluacji programów. Autorzy prezentowanych programów, pisząc o efektywności resocjalizacyjnej swoich programów (jej analizie poświęcona jest część druga tekstu), powołują się na następujące jej wskaźniki: nabycie przez wychowanków określonej wiedzy, nowych i przydatnych umiejętności oraz określonych kompetencji społecznych. Odnotowanie tych wskaźników jest dla autorów programów jednoznaczne z uzyskaniem satysfakcjonującego rezultatu w procesie resocjalizacji. Formą rejestracji wskaźników jest w większości przypadków zastosowanie obserwacji niekontrolowanej (niestandaryzowanej). Tylko 9 programów na 59 posiadało formę ewaluacji opartą o narzędzia, które nie są obarczone takimi niedostatkami metodologicznymi, jak obserwacja niekontrolowana i były to: ankieta, test oraz studium indywidualnych przypadków. 9 programów nie posiadało żadnej formy ewaluacji, zaś w 20 zastosowano obserwację żywiołową (potoczną).
EN
The article includes theoretical reflections on the importance of work as one of the methods of rehabilitation of juveniles placed in juvenile detention centers throughout the history. At the beginning the author paid attention to the legislative changes and the related evolution in the treatment of juvenile offenders in countries recognized as pioneers in the rehabilitation thought and practice. The issues regarding alleviating juvenile policy (such as advocated dejuridisation and decriminalization while dealing with perpetrators of minor punishable acts), as well as the necessity to tighten sanctions against persons committing serious crimes were mentioned herein as well. The central part of the paper is an analysis of the functioning of various foreign and Polish juvenile correctional institutions from the evolutionary perspective, in which work was used as a key method of rehabilitation. At first the author concentrated on the characteristics of foreign institutions organized as part of historical social rehabilitation systems (the progressive and the family system, and the system of children’s republics and villages). Subsequently, the author drew attention to the functioning of Polish correctional facilities and rehabilitation institutions, in which work performed by juveniles was an important contribution to their development and translated into the educational success observed both in the individual and social dimension. The final parts of the article describe contemporary solutions applied by correctional institutions, in which juveniles take advantage of the constantly widening range and offer of vocational education, acquire necessary competences and qualifications, and are thus becoming increasingly competitive on the labour market.
PL
Treść artykułu stanowią teoretyczne rozważania na temat znaczenia pracy jako jednej z metod resocjalizacji nieletnich umieszczanych w instytucjach poprawczych na przestrzeni dziejów. We wstępie zwrócono uwagę na zmieniające się standardy prawne i związaną z nimi ewolucję w traktowaniu niepełnoletnich sprawców przestępstw w krajach uznanych za prekursorów myśli i praktyki resocjalizacyjnej. Wspomniano zarówno o łagodzeniu polityki wobec nieletnich (lansowanych postulatach dejurydyzacji i depenalizacji w postępowaniu ze sprawcami drobnych czynów karalnych), jak i o potrzebie zaostrzania sankcji wobec osób dopuszczających się poważnych przestępstw. Centralną część opracowania stanowi analiza funkcjonowania różnych instytucji korekcyjnych dla nieletnich (zagranicznych i polskich w ujęciu ewolucyjnym), w których wykorzystywano pracę jako kluczową metodę resocjalizacji. W pierwszej kolejności skupiono się w niej na charakterystyce zagranicznych placówek zorganizowanych w ramach historycznych systemów resocjalizacji (progresywnego, rodzinnego oraz systemu republik i wiosek dziecięcych). Następnie przybliżono funkcjonowanie polskich instytucji opiekuńczo-wychowawczych i resocjalizacyjnych, w których praca nieletnich stanowiła istotny wkład w ich rozwój i przekładała się na sukces wychowawczy, obserwowany zarówno w wymiarze indywidualnym, jak i społecznym. W końcowych fragmentach artykułu opisano współczesne rozwiązania wykorzystywane przez zakłady poprawcze, w których nieletni korzystają z poszerzającej się wciąż oferty kształcenia zawodowego, zdobywają niezbędne kompetencje i kwalifikacje oraz stają się w coraz większym stopniu konkurencyjni na rynku pracy.
EN
The article analyses the profiles of youth offenders with regard to whom courts in 2014 ruled one of the most severe penal measures specified in art. 6 of the Law on juvenile justice of 26 October 1982, i.e. placement in a youth care centre or youth correctional facility. The analysis was carried out using materials collected in the course of research at the National Institute of Justice for the Ministry of Justice within the framework of the project ‘Application of educational measures in the form of placement in youth care facilities and of correctional measures by family and youth courts in light of statistical data and court record research’. The research sample consisted of 397 juveniles (319 boys and 78 girls), who had been brought before a court for criminal offenses (demoralisation was indicated only in 75 of the cases). Information was also collected on 60 other juveniles with regard to whom the court had ruled non-isolation education measures or had discontinued proceedings. Due to the sizable disproportion between the two groups, the latter group was only used for comparative purposes at the stage of compiling the final report. It is not discussed in the article.For the purposes of the study, the notion of ‘juvenile profile’ was defined using the following variables: sex, age, school level, place of residence, problem behaviour at school and outside school, previous interaction with the system of justice, previously applied education measures and the nature of the offense. This ‘profile’ was supplemented by a description of the juvenile’s environment, including family structure, parents’ education and employment status, living conditions and occurring problems. A brief overview of Polish and international literature concerning the risk and protective factors when it comes to youth offenders confirms that it is useful to consider these two elements together. The aim of the analysis was to find out who were the offenders with regard to whom courts had ruled one of the most severe measures under art. 6 of the Juvenile law. Eight detailed research questions were formulated. Most of them came down to determining whether variables such as sex, age, school level, place of residence, negative behaviour in school or outside of school, previous experiences with juvenile courts and problems in the family had any influence on a higher incidence of offending. One of the questions was related to whether certain risk factors in the subjects’ family environment occurred more frequently depending on sex. Correlation between the variables was tested using cross tables and Cramer’s V and Phi statistical measures. Also included is a statistical analysis of juvenile delinquency based on the data of the Polish National Police Headquarters and of the Ministry of Justice.It was found that the juveniles with regard to whom the most severe measures had been ruled in 2014 were mostly boys who had committed criminal offenses, mostly property crimes, at the age of 15-16. They were middle school (gimnazjum) students, living in cities, causing problems both in school and beyond. More than half had previously come into conflict with the law and had previously been sentenced to different education measures. On average, one in two was growing up in a full family (whether biological, adoptive or reconstructed), in which the income did not exceed the national average. The living conditions of around half of them were average, while the family environment was characterised by various problems, ranging from substance abuse, criminality and prison sentences to domestic violence. Although the studied boys and girls presented a similar picture, a more detailed analysis of certain variables made it possible to bring out significant differences. These differences are visible when it comes to the reasons for launching proceedings before a court, the age at which the offense was committed, the problems caused, previous contacts with the law, as well as the type and frequency of previously applied education measures. The risk factors in the family environments of boys and girls were also largely the same. The only difference was the intensity of their occurrence – decidedly higher in the families of juvenile boys. This means that the boys had grown up in worse living conditions, their parents were less educated were rarely employed. The intensity of problems related to substance abuse, a criminal record and domestic violence in their homes was also higher.
EN
Respecting the rights of juvenile offenders in correction centre’s
EN
Religious services were introduced to reformatories and hostels for detained juveniles by force of an ordinance of Minister of Justice of September 10, 1981 on religious practices and services in reformatories and hostels for detained juveniles  (Official Gazette of the Ministry of Justice No 5, item 24). ln 1990, a study of 200 wards of 6 reformatories was carried out which concerned their attitude towards religion. A specially constructed questionnaire was used; besides, the study involved observation and interviews with the wards and staff. The findings show first of all the attitudes towards religion as declared by the respondents. The largest group in the sample of 200 juveniles were those aged 15–19 (86% of the sample). Those going to elementary school constituted 61,5%. Nearly a half of respondents had been confined to a variety of readjustment centers for at least two years. The families of most boys (85%) belonged to working classes. Every second respondent followed the norms of delinquent and prison subculture  (i.e. was member of a group called git-ludzie). The questionnaire survey made it possible to divide the sample into three subgroups: those who declared themselves practising believers (43%); those who stated they were Catholics but not church-goers (42%); and the wards who said they were irreligious (15%). Of the 170 believing wards, 166 (97,6%) were Roman Catholics. Most wards attended the Mass at the reformatory (18% did that regularly, and 62% – occasionally). Yet as few as 15% attended religion classes regularly, and 22,55% occasionally. As for saying prayers, 25,5% did that regularly, and 41,5% – from time to time. Nearly a half of respondents owned religious objects, mainly pictures, the Bible, crosses, prayer books, holy medals, rosaries. The wards reformatories usually consider their friends to be mostly believers but not church-goers. For most respondents (72,5%) the problems of religion do not influence their choice of friends. What is astonishing, though, is the slight proportion of those among the respondents who would like a non-believer for a friend (2,5 %). Over a half of the sample (64%) think that religion can change a person for the better. At the same time, next to  none (2) consider its influence to be negative. Choosing a wife in the future, 5l% of the iuvenile intend to take the question of religion into consideration. The rest of the sample consider their future wife’s religion unimportant. As regards the upbringing of children, as many as 72,5 respondents declare for the Catholic faith. In the sphere of the perception of the others in the categories of religion vs. irreligion, significant  differences were found between practising believers and non-believers. Some social conditions of the declared religious attitudes were investigated. The wards who described themsleves as practising believers were found to come mainly from  the families where also both parents (guardians) as well as siblings were believers. The practising believers used to have mainly believing friends in the past as well.             The question whether the respondents’ parents (guardians) had induced them to perform religious duties was most frequintly answered in the affirmative by the practicising believers. Following placement in the reformatory, the number of practising believers among the juveniles dropped on the whole, and that of believers who do not go to church and of unbelievers went up. The hypothesis that religious wards of reformatories are better-behaved while in those institutions than their irreligious friends could not be confirmed. According to the established practice  and internal regulations, leaves are granted to the well-behaved wards. It was found, though, that most leaves had been granted to believers but not church-goers, while  prictising believers had won that award the least often. It turned out also, against expectations, that the greatest proportion of members of the delinquent subculture could be found among the practising believers, and the smallest one – the group of unbelievers. According to most respondents (83,5%), the wards of Polish reformatories enjoy a full freedom of religious practices. Yet as many as 44% rcspondents would like to be placed in an institution run by the clergy, and 69% – to go out of the reformatory to hear the Mass. The latter, however, were mainly believers but not church-goers. It seems, therefore, that the wish to hear masses said outside the institution not always follows from religious reasons. The controversial question whether the staff should induce the wards to practice religion was asked in the negative by 79% of the sample. The findings of the questionnaire survey show that, in principle, the juvenile wards of reformatories, have religious attitudes similar to those of the whole of young persons in the same age brackets. No relationship was found between the juveniles’ religious attitudes and their behavior in the institution. The respondents stated that the religious services offered by the reformatory generally satisfied the needs in that sphere.
EN
The article is about the implementation of isolation measures applied to juveniles, such as a placement in a youth educational centre or a correctional facility. Usually, this is the final stage of formal social control for the unlawful behaviour of children and young people because – due to the age in which they leave these institutions – they will be criminally liable as adults for any subsequent crimes they commit. Hence, work undertaken by educators in isolation institutions for their pupils seems extremely important. The educators of these institutions described how it looks, what is difficult about it, how they perceive their pupils (typical, difficult, or requiring treatment, currently versus ten years ago), and how they evaluate the effects and success of their work in research carried out at the Department of Criminology of the Institute of Law Studies of the Polish Academy of Sciences in 2018. The results of this study are presented in the article.
PL
Artykuł dotyczy wykonywania środków izolacyjnych orzeczonych wobec nieletnich w postaci umieszczenia w młodzieżowym ośrodku wychowawczym lub w zakładzie poprawczym. Zwykle jest to ostatni etap reakcji formalnej kontroli społecznej na zachowania niezgodne z prawem dzieci i młodzieży, ponieważ – z uwagi na wiek, w jakim opuszczają te placówki – za kolejne popełniane przez siebie czyny będą ponosili odpowiedzialność karną jako osoby dorosłe. Stąd niezwykle istotna wydaje się praca, jaką podejmują wychowawcy placówek izolacyjnych wobec swoich podopiecznych. O tym, jak ona wygląda, co jest w niej trudne, jak wychowawcy postrzegają swoich wychowanków (typowych, trudnych, wymagających leczenia, współczesnych i tych sprzed 10 lat), jak oceniają efekty i sukces swojej pracy, opowiedzieli sami wychowawcy tych placówek podczas badania zrealizowanego w Zakładzie Kryminologii Instytutu Nauk Prawnych PAN w 2018 r. Wyniki badania zostały przedstawione w artykule.
XX
Artykuł ma charakter empiryczny i stanowi podsumowanie kilkuletnich terenowych badań jakościowych poświęconych tematyce interakcji grupowych wśród wychowanków zakładów poprawczych i schronisk dla nieletnich. Poruszona została tutaj problematyka szeroko pojętych działań stygmatyzacyjnych na poziomie werbalnym i niewerbalnym, dziewcząt i chłopców zarówno wobec siebie (działania autostygmatyzacyjne), jak i siebie nawzajem. W artykule omówione zostały także uwarunkowania leżące u podstaw praktyk stygmatyzacyjnych, inicjowanych przez wychowanków, które determinują ich społeczną percepcję. Analiza materiału empirycznego dokonana została z perspektywy teorii naznaczania oraz koncepcji habitusu Pierre’a Bourdieu oraz Jeana Claude’a Passerona.
EN
The following paper encompasses results of a few years of qualitative field study concerning group interactions among juvenile delinquents from reformatories and shelters. In the article there is discussed the problem of practices oriented on stigmatization both in verbal and nonverbal terms initiated by female and male juveniles. There are discussed conditions lying under self-stigmatization practices taken by inmates, which determine their social perception. In analyses there was helpful habitus theory by Pierre Bourdieu and Jean Claude Passeron but also conceptions of Erving Goffman encompassing social construction of stigma.
PL
Rozpowszechnienie technologii informacyjnej zmienia edukację, sposoby przekazywania informacji oraz spędzania czasu wolnego. Urządzenia multimedialne wykorzystujące sygnały cyfrowe do przekazywania informacji, znajdują coraz powszechniejsze zastosowanie w środowisku szkolnym, przez co wymuszają zmiany w realizacji procesu nauczania. Dlatego ważnym zadaniem w placówkach resocjalizacyjnych typu schroniska dla nieletnich i zakłady poprawcze jest realizowanie oddziaływań opartych na technologii informacyjnej w celach edukacyjnych i rozrywkowyc
EN
The growing popularity of IT has changed education, transmission of information and ways of spending free time. Multimedia equipment that uses digital signals for transmission of information is becoming more and more common in school life and thus enforces changes in the educational process. That is why it is very important for rehabilitation institutions like juvenile detention centres and community homes to carry out tasks based on IT for both, educational as well as entertainment purposes.
PL
Praktyczna nauka zawodu w takich placówkach, jak schroniska dla nieletnich i zakłady poprawcze, jest jedną z najistotniejszych składowych oddziaływań resocjalizacyjnych. W niniejszym opracowaniu przedstawiono profili kształcenia zawodowego w tego typu ośrodkach w dobie dzisiejszej reformy związanej z przekształcaniem szkół zawodowych w szkoły branżowe.
EN
Practical vocational training in institutions like juvenile detention centres and community homes is one of the most essential elements of rehabilitative influence. This study presents vocational education profiles in the mentioned above institutions at the time of the ongoing reform connected with the transformation of vocational schools into trade schools.
EN
The paper discusses the findings of a study aimed at an empirical verification of a well-known criminological concept: the Sykes and Matza concept of neutralization techniques from the classical trend of positivist criminology. What Sykes and Matza see as the factor of juvenile delinquency are mechanisms of justification of one’s own delinquent behavior. Reverting to functionalim, the authors assume a social consensus on the basic values and norms of behavior. Juvenile delinquents generally recognize the same values and norms as non-delinquent youth but, unlike that youth, they grow proficient in neutralizing those norms so as to prevent them from influencing their behavior. According to Sykes and Matza, norms are neutralized through finding and accepting justifications for one’s own deviant behavior. Five types of such neutralization techniques heve been distinguished according to the contents of those justifications: denial of responsibility, denial of injury, denial of the victim, condemnation of the condemners, and appeal to higher loyalties. In their conception of neutralization  techniques, G.M. Sykes and D. Matza mainly describe and classify the ways of excusing one’s own deviant behavior and provide but a perfunctory discussion of the mechanizm of neutralization itself. L. Festinger’s theory of cognitive dissonance proves useful in explaining the psychological mechanizm of neutralization of recognized norms. Assumptions of the conception of neutralization techniques and the theory of cognitive dissonance provided the grounds for hypotheses which were subsequently submitted to empirical verification. The subject was limited to neutralization of the rule “do not steal” interpreted as a ban appropriation on theft and a rule of respect for another person’s property. Criminologists have long questioned the desing of empirical study where achool youth are treated as non-delinquent and examined as a control group oppesed to juvenile delinquents in houses of correction or educational institutions. In the present study, three groups were examined: ‒ juvenile delinquents confined to a reformatory or home for detained juveniles by a judicial decision as perpetrators of offences against property (84 persons); ‒ school youth not involved in acts against another person’s property, called non-delinquent youth (70 persons); ‒ school youth involved in acts againts another person’s property, called actually delinquent (37 persons); The groups of “non-delinquent” and “actually delinquent” persons were distinguished from school youth by means of a self-report survey. Of the original hypotheses, only one was confirmed by the findings. The exemined groups appeared to differ significantly in their approval of the techniques of neutralization of the norm of honesty, the differences trending as expected. The lowest approval of statements expressing various excuses for breaches of another person’s property was found among the non-delinquent youth. The group that most often approves ot such excuses are wards of  reformatories and juvenile homes; however, they do not differ much in this respect from the actually delinquent youth. All of the examined groups have similar priorities as to the separate types of excuses. The type accepted most often is “condemnation of the condemners”. In particular, a statement that “the police and judges are corruptible and malicious”enjoys great popularity. The types  accepted least often, instead, are excuses consisting in “denial of injury” and “appeal to higher loyalties”. What could not be conformed are hypotheses as to absence of differences between the groups with respect to appraisal of one’s own honesty and acceptance of the rule “do not steal”. Non -delinquent youth appraise themselves much higher in terms of honesty than the remaining two groups. Wards of reformatories and juvenile homes, instead, appraise themselves somewhat lower than the actually delinquent youth. The non-delinquent youth show the strongest acceptance of the norm of honesty. The degree of acceptance of that norm among wards of reformatories is similar to that among actual  delinquents, the former showing a somewhat stronger acceptance of the rule “do not steal” than the actually delinquent group. Another hypothesis that was not confirmed concerned a tendency to neutralize the rule “do not steal” once it has been violated; the method used here was projection where the respondents were to complete unfinished stories.  Against expectations, the tendency to neutralize that norm once it has been violated appeared to occur much more often among school youth than among wards of reformatories and juvenile homes. Of the various methods of reducing the anxiety resulting from a breach of another person’s property, both groups of school youth most often suggested neutralization of the norm of honesty. Wards of institutions, instead, much more often mentioned methods other than neutralization of the violated norm: e.g., focus on the derived or potential profit, or focus on the absence of threat with any negative consequences from without. The study questioned the role of delinquent neutralizations as conceived by Sykes and Matza in the origin of juvenile delinquency.  Unforfunately, the findings could not be interpreted explicitly. According to the theoretical assumptions made, a number of possible explanations of the  findings can be suggested which at least party exclude one another. A new empirical study would be necessary to verify those explanations.
EN
1. Problems related to juvenile delinquency have always been a subject of vivid interest of both scientific circles and the community at large. Consequently, juvenile delinquency has probably become a criminological problem given a most profound consideration and any studies which concern that type of delinquency get a vivid response also outside a nanow expert community. Among such studies, modest though and certainly not foreground place is occupied by analyses of statistical materials. Since the results of the analyses mentioned “grow old” much quicker than do the results of individual, more advanced studies, it seems purposeful, therefore, to make efforts in the direction of bringing them more up-to-date. At least one problem seems to demand such up-dating most specificaliy, i.e., the problem of the assessment of the general data obtained from the police and judicary statistics since such data can be one of juvenile the bases for determining the extent of delinquency. Having considered that within the meaning of the criminal law juveniles and adults are, in an arbitrary manner, demarcated merely by age limit (before or after 17 years of age at the moment an offence was committed) whose artificiality is somehow shocking from the criminological point of view, it seemed also advisable to-include in this study other questions related to the extent of delinquency of young adults as well as to consider its situation against the background of the adult population. Another group of questions discussed is connected with the structure of delinquency; also special attention has been paid to questions of place the suspects or those found guilty (and young adults, too) herd among the total numbers of suspected or convicted adults. Finally, there is the third group of questions given special consideration in this study, namely the educative and correctional means adjudicated upon juveniles. Although there is a good deal of information on that particular topic as well as more or less detailed papers concerning the analysis of these kind of data nevertheless the material in question has not so far been analysed in terms of an adequately long period of time which would permit to seize certain clearly-cut tendencies in adjudication of particular kinds of means, especially against the background of various fluctuations of numbers of juveniles appearing in the court. In that chapter of this essay, the studies have been considerably extended to include 1951-1967 instead of 1961-1967 as in the remaining ones. 2. 1. In analysing various kinds of contexts in which, particular authors mention the range of juvenile delinquency - especially when they are alarmed by its increase or whenever they are pleased to note its stabilization or decrease - one may easily see that the authors usually have different things in mind. Sometimes their opinions are based on more and sometimes on less founded assumptions or estimations concerning the number of juvenile offenders themselves, sometimes on the number of their offences, the importance of such deeds or their frequency rate, the degree of social depravity in juveniles appearing in courts, and finally, together - on a series of the abovementioned instances (and also on ones not mentioned there). Anyway, always where one or another adequately justified opinion on the extent of juvenile delinquency is found, the reader is able either to know at once or to trace back what in ęach particular case was the measure of the extent in question. The purpose of the present study is to show different ways for the determination of the detected extent of juvenile delinquency and to present certain groups of data which might serve as the most appropriate criteria for the evaluation of the dimensions of delinquency; furthermore, the intention of the present author is to show that at least some of the criteria are by no means of competitive nature but that they rather permit us to grasp different aspects of the problem of juvenile delinquency. It would be difficult therefore to forejudge about the superiority of one criterion over another as they concern different aspects of the samę problem and as such may have a different impact for our analyses, depedent on the line of our research. 2. A relatively large number of juveniles found among the total number of suspected or convicted individuals may sometimes incline us towards making certain far-reaching statements concerning the extent of juvenile delinquency. Some people hold the opinion that whenever juveniles (or sometimes juveniles and young adults) constituted a considerable portion of the total number of offenders, the range of their delinquency should be recognized as significant, if only on account of their share in delinquency. The author is doubtful about the rightfulness of such an opinion if it were only for a specific character of the juvenile delinquency structure, the importance of offences or also for other than in the case of adults, aims of prosecution (in the broadest meaning of that word). It does not mean, however, that it would not be worth while what is the place the known now in Poland juvenile offenders hold among the total number of individuals convicted. In 1961-1967, juveniles under 13 years of age constituted merely 2-3 per cent of the total number of individuals convicted (similar percentage was noted in the last decade 1951-1960). Together with 13-16 year-old offenders, the juveniles constituted only a group of several per cent - and in recent years - a dozen-or-so per cent group. The number of very young and young that had been found guilty (i.e., juveniles and young adults) was bigger but stin did not exceed 1/5-¼ of the total number of the individuals convicted out of which half were almost 30 or older at the time they committed the offences. It is fitting to note at this point that in a number of countries, persons under 21 years of age constitute 1/2 and sometimes 2/3 of the total number of the individuals convicted or suspected. It may then be said that from the point of view of a relative quantity of juveniles found in the total number of the individuals convicted, that juvenile delinquency in poland may still be estimated as a highly moderate one. 3. Out of all the available methods that can be employed for the evaluation of the extent of juvenile delinquency the simplest one is that which bases on the statistical data concerning the number of juveniles found guilty, or more broadly juvenile adjudgments, or even still more broadly - the number of cases in which a juvenile was suspected of an offence. The limitations involved in the use of such a criterion are quite evident since in applying such a criterion we fail to consider any consequences of the fact that the number of adjudgements or findings of guilt is hardly synonymous with the number of juveniles adjudicated or found guilty (which could after all be justified), but - and this is less acceptable - such a number does not bear any relation to the wider population - events or individuals - against whose background it occurs. However, from one point of view this criterion is important, namely it provides relatively accurate information about one of the quantitative aspects of risks faced by the police and the court of law, involved with the conduct of proceedings and with the adjudication upon the offences committed by juveniles. This criterion becomes particularly important whenever we tackle with organizational problems of courts for juveniles, or the needs for staff or institutions. For the last seven years, the total number of adjudgements increased from about 47 thousand to 71 thousand (i.e. by 52 pet cent). As compared with 1951 (abo 26 thousand), the total number of the adjudgements in 1967 was almost threefold. Close to the latter was the number of juveniles suspected by the police of offending the law (for the last four years past, it was 53 to 70 thousand a year). Out of the total number of the adjudgements, the findings of guilt held similar place (54 to 56 per cent) slightly lower than in 1951-1960 when the proportion was about 56 to 61 per cent. In the seven-year period discussed, the proportion of discontinuations of legal proceedings evidently increased: at the present moment, 33 to 34 per cent of juvenile cases are dismissed, in 1951-1960 on the other hand, the proportion having been 20 to 30 per cent. Various categories of juveniles are involved therein. Acquittals are a particular category of adjudgements; the absolute number of acquittals was on an approximate level (2,300-2,800) but owing to the simultaneous increase in the total number of adjudgements, the percentage of acquittals decreased to 4 per cent. Perhaps it is worth while remembering that acquittals were as many as 11 per cent of adjudgements in 1951, but already in 1952 and onwards, the proportion had been stabilized on the 6 to 7 per cent level. The fact that it is so low now should perhaps be recognized as a positive phenomenon; it seems to give evidence that magistrates, who but certainly conduct also preparatory proceedings, do not send cases too hastily for hearing where the juvenile's guilt seems insufficiently made probable to them. It may be asked upon how many juvenile suspects educative-or correctional means are adjudicated following a finding of guilt. A summary of the data obtained from the police or court statistics may supply an answer. As was said before, cases of almost 60 per cent of suspected juveniles end up with a finding of guilt, that proportion being slightly lower in boys than in girls and in lower age groups rather than in older. Very few suspects of 7 to 9 years of age are found guilty (7 per cent). Those proportions increase rapidly already in 10 year-old suspects (47 per cent) and grow up to 13 yearsage-group (62 per cent) showing then a stabilization on a similar level. According to the information mentioned, in 1961-1967 annual numbers of findings of guilt were 27 to 38 thousand. Those numbers included, of course, a majority of findings of guilt by juvenile courts and also sentences of ordinary courts. The latter were concerned with cases when a juvenile was 17 years of age prior to the beginning of the hearing or when he or she acted together with an adult  and when according to the prosecution's decision “for the benefit of the administration of justice” their case should not be transferred to the juvenile court. The proportion of findings of guilt by ordinary courts of law was about 9 to 11 per cent in 1961-1967, having been slightly lower than in 1951-1960 when sometimes it reached even 13 per cent. This is probably connected with some lowering of the mean age of juveniles found guilty for the last few years as compared with that observed in 1951-1960. 4. The number of juveniles upon whom judicial.educative or correctional means had been executed provide information about another side of the quantitative aspect of work facing the juvenile courts. The number of juveniles under court control due to a committed offence increased from 34,520 in 1951 to 58,005 in 1967 and that is by 68 per cent. This seems to be an effect of not only an increase in the number of juveniles found guilty but also of a prolonged average duration of execution of means. That considerable number of juveniles upon whom means were executed should perhaps be further increased. So, for instance, in 1965 45.055 children and youth were placed under juvenile court control, established according to civil proceedings, and under ordinary court control there were another 23,699. As for some portion of the number of such juveniles, court control was certainly connected with manifestations of their social maladjustment, with behavioural disturbances not varying in nature from those for which other juveniles were found guilty. Also in some of those cases, the way of carrying out the control did not differ significantly from the means usually applied, such as supervision order, probation or approved school. 5. Since in the hitherto discussed ways of understanding the range of the detected juvenile delinquency the main stress was laid on absolute numbers, in the present analysis of the standards some attention may be paid to relative numbers resulting from a reference of the number of findings of guilt to some population of individuals concerned or of the number of juveniles found guilty to some broader population of which they were a portion. The objective of such an analysis is to illustrate the degree to which the phenomena of delinquency have been spread throughout the juvenile population. This will lead to quite a different manner of appreciating the juvenile delinquency range. It will not be considered weighty e.g., when the number of findings of guilt will reach some definite level but when the number of juvenile offenders in the juvenile population will be sufficiently high. The most common standard of that kind is represented by delinquency which, if applied for analysing data of court statistics with regard to juvenile delinquency, is represented by the number of findings of guilt as one pro mille of the entire juvenile population. As compared with absolute numbers, the above listed rates give the following picture: between 1961 and 1965, a slight (a few-per-cent) increase in the number of findings of guilt was observed, however, considering that this was accompanied by a much higher increase in the number of i0-16 year-old juveniles, the rates showed a decrease. During the following two years; there was a significant change of that situation, the increase in the number of findings of guilt was then so high that it brought about also an increase in rate values which in 1967 became 15 per cent higher than those in 1961.  The increase in rates was by no means equal in all age groups of juveniles concerned, some were not involved at all. The rates in all age groups of girls were found on similar level as in 1956-1960. Thus, the increase in the number of findings of guilt in girls was proportional to the increase in the total population of 10-16 year-old girls. The annual average was one finding of guilt per 1,000 girls in that particular age group. With boys, the situation was different; here we had to deal with a general increase in rates as compared with that observed in the preceding five-year period. The increase in rates was very high in 14-16 year-old boys (by 19-23 per cent), approximate level was maintained in12-73 year-old boys and a decrease was observed in 10-11 year-old ones (by 5-10 per cent). An average rate of 196l-1967 for the total population of boys was 12,2 and showed that an annual average in the discussed seven-year period was one finding of guilt per 82 boys between 10 and 16 years of age. In our earlier discussion of the rank that the findings of guilt in juveniles held among the total number of such findings in 1961-1967, also young adults were mentioned. There were more findings of guilt in young adults although the latter belong only to four age groups (17, 18, 19 and 20) while the juveniles - to seven age groups at least. The above listed findings show first of all a systematic decrease in numbers of convictions in young adults (1961 -1964) followed, as compared with the 1961 level, by an increase (1965-1967) by 9 per cent in made and by 2 per cent in female offenders. This movement of absolute numbers of convictions in young adults was accompanied by simultaneous but considerable decrease in rates which although failing to increase after 1964, have maintained thę level of that year. Consequently, the relevant rates, as compared with 1961, were in 1967 - 30 per cent lower in men and 33 per cent in women. These changes were caused by a few independent agents whose effects were partially accumulated. Therefore it must be said that the rates in young men and women in 1961-1963 were on an approximate level. Its rapid decrease took place in 1964, which was undoubtedly connected with the Act of Amnesty of 20th July 1964 whose bearing on the number of convictions was certainly felt in 1965, too. At the same time, the effect of another diminishing agent was felt: according to the Decree of 28th March 1963, a certain number of young adults ceased to be subject to ordinary court proceedings since the conscription age limit was lowered to be 19 instead of 20 Years of age. In 1967, a successive agent appeared on the scene to have a bearing on the number of convictions in that category of individuals concerned (as well as of the adult population, too). Namely, in accordance with the provisions of the Decree of 17th June 1967, a series of minor offences were classified as non-indictable offences having at the same time become subject of administrative and not judicial proceedings; minor speculations or theft had been involved. As far as the rates were concerned, an additional element started functioning; it was a process of leaving the young adult age group by individuals born during the war (law quantity year groups) on one hand and of entering into that particular age of very numerous year groups of those born after the war, on the other. Prospectives for an extent of young adult convictions for the next few years to come should perhaps be worth while mentioning now. As a result of a thorough analysis of the young adult conviction rate in 1961-1965, of legislative changes and of foreseen changes in numbers of the total young adult population (which will still be increasing for another few years) - the author had drawn the following conclusion. In 1970, the number of convictions of male young adults will probably be about 38 thousand while the rate will reach about 28.0; the relevant figures for females will be 5.5 thousand and 4.0 respectively. In closing our remarks on an evaluation of juvenile and young adult known delinquency extent, made in terms of rates, it might be said that analogically to earlier rates based on the numbers of convictions, also other ,,rates" might be established, where data on numbers of juveniles on whom educative or correctional means had been executed by juvenile courts, could be utilized. A reference of the number of such juveniles to the total number of 10-16 year old ones would lead to the following findings: in 1961, they were 8.7 pro mille of all juveniles of 10-16 years of age but after 7 years - they were 11.8. Thus, as per 31st December 1967, out of each 86 juveniles of 10-16 years of age group, one was under a juvenile court control a subject of executed educative or correctional means. 6. So far, analyses of a degree, to which known juvenile delinquency had spread among youth, were based on information about findings of guilt, however, there is also a possibility to define it by reference to the number of juveniles found guilty. To do so, one has to know how many juveniles, out of those born during one calendar year were found guilty for offences committed by them at thęir juvenile age, exclusively between 11th and 17th years of age. By making use of the data on findings of guilt in 1950- 1960, one could see that for each year group of juveniles born in 1941, 1942, 1943 or 1944, the number of individuals found guilty were 14.1 to 14.9 thousand; their percentage, related to the total number of those born in the said year groups' was 3.5 to 3.8 per cent (for boys only - 6.3 to 6.8 per cent). Thanks to the fact that complete data on findings of guilt have now been available for 1961-1967, an extention of the analysis with respect to few further year groups could be possible. As it may be seen, the numbers of juveniles found guilty, born in the successive years just after the war, increased rapidly (from about 15 to 28 thousand). That increase, however, took place with a simultaneous considerable increase in general quantities of those particular year groups. In the entire population of those of 17 years old, the percentage of juveniles found guilty was approximately on similar level (on a slightly.higher levęl than in the case of those born during the war). Although such a percentage was low in girls, in boys it grew up as high as 6,7 to 7,5 per cent. This means that approximately every thirteenth - fourteenth young adult of 17 years of age born between 1945 and 1951 had already been found guilty for an offence committed at his juvenile age. Analogical attempts to define the number of found guilty within some longer period of time, where findings of guilt could be referred to not only to one but to a sequency of years - in young adults - are more difficult than in juveniles. It is because of relevant shortage of statistics in Poland. By way of analysing data on convictions in 1951 -1963, I had defined some approximate number of young adults, born in 1939, 1940, 1941 and 1942, covicted, at whatever moment of the entire four-year period when they were young adults (between I7 and 20 years of age). In the population of 21 year-old men (born in the above mentioned years) there were about 15 per cent of those who had once been found guilty at their young adult age. This means that approximately every seventh man at that particular age had been convicted at his young adult age. Should the entire eleven-year period between 10th and 21st year of age be taken into account, one would have to accept that every sixth had been found guilty. The above mentioned figures seem very high, indeed. This calls for a thought to be given as to whether or not the penalization extent in this country is not too much expanded or whether or not penal means are too hastily applied when - without prejudice or even to some purpose - they could be given up. 7. So far, data of twofold nature were used for defining standards of known juvenile delinquency extent: numbers of individuals (found guilty) or numbers of events, such as findings of guilt, adjudgements or cases in which a juvenile was a suspect. Let us mention another type of dates which in its character is approximate to the latter category: numbers of offences where juveniles were suspects. Relevant information is provided for by police statistics. According to data of that kind, numbers of offences where juveniles were suspects were 99,588 in 1956 and 110,892 in 1967. 8. Also various ways of interpretation of known juvenile delinquency extents as well as various standards of such extents were discussed. In dealing with legal order endangered by juveniles, attention will first of all be paid to the numbers of offences where juveniles were suspects, especially, so if that standard would adequately be enriched by data concerning the kind or importance of such offences. If interest is taken in quantitative aspects of tasks facing ouf courts of law, the juvenile delinquency extent will be looked at through a prism of the number of adjudgements (especially - of findings of guilt) as well as of the number of subjects under the juvenile court control due to execution of educative or correctional means adjudicated. In that particular area, the extent of juvenile delinquency for the recent seven-year period considerably increased, what might to a certain degree be related to a general increase of the youth population in this country in that period. If one wants to know the degree to which manifestations of known to the police major juvenile depravity has bęen spread, delinquency rates should be used or - what even allows for a broader look at that problem - the percentage of those found guilty for offences committed at their juvenile age in relation to the young adult population born in particular year groups. The abovementioned rates as well as - though to a minor extent - the percentages seem to show that the known juvenile delinquency in this country increased, especially for the last few years. 3. A definition of the delinquency structure is usually understood to include the elements delinquency is composed of and the numerical ratio of delinquency groups differentiated either from delinquency as a whole or from its particular categories. If so understood, in analysing the delinquency structure it is only natural to use a body of information in which offence is a unity. This may be data on the total number of offences committed in a selected area at a certain definite time, irrespective of the method of its evaluation; this may also be a body of data on known offences, on offences where a suspect had been determined in the course of preparatory proceedings or, finally, a body of information about offences where offenders had lawfully been convicted or found guilty. In most cases no such data are available (except perhaps for the second of the mentioned bodies of information which is a fundamental section of police statistics). However, where interest is taken in the delinquency structure, related to a definite category of offenders - to juveniles, the analyser is as a rule compulsed to search for material of different kind. Such material would usually include data on findings of guilt, enriched as they are with information about the nature of offences concerned. An analysis of such data leads to the following conclusions: A considerable increase in the number of findings of guilt in 1961-1967 failed to produce any substantial changes of the juvenile delinquency structure. It is still offences against property (86 to 89 per cent) which are dominant in juvenile delinquency - mostly including theft of things of minor value. Besides, a somewhat numerous group embraced offences against the person (5 to 7 per cent), in which slight bodily harm (about 1/3 of cases), assault (1/5 of cases) and battery or grievous bodily harm dominated. Annually, there were 5 to 11 juveniles found guilty for murder and 21 to 35 for manslaughter. In 7967,614 juveniles were found guilty for sexual offences (1.7 per cent of the total number of findings of guilt in that very year); rape was found in more than a half of cases, the remaining ones having been fornication with juveniles below 15 years of age. About one per cent of cases included offences against public order officers. Offenders of other categories were few. A higher than average increase in the number of findings of guilt for housebreaking or burglary, for damage done to property, a series of offences against the person and for rape has been noted since 1961. This was accompanied by an increase of the mean age of juveniles found guilty annually - from 13,8 years in 1961 to 14,3 years in 1967. It is no wonder then that first of all an increase in the proportion of offences committed by juveniles of older year groups has been observed. A peculiarity of the.juvenile delinquency structure becomes clearly-cut, indeed, when compared with the young adult and adult delinquency structures. Differentiation of only 4 delinquency groups (against property, against the person, sexual offences and those against public order officers) is sufficient to embrace a) almost the entire juvenile delinquency (93 to 96 per cent), b) a considerable proportion of young adult ddlinquency and c) but only below 60 per cent of adult delinquency. The fact that a great majority of juvenile delinquency are related to offences against property (chiefly theft) of minor importance must by no means stipulate that such a delinquency should be neglected. On the contrary, the effects of commitments of various, often slight, offences turn out too often to be serious. This may not be clear when only single cases are considered but when the developing process of juvenile social depravation is taken into account whose that sort of offerences are but a fragment only. According to findings of individual studies, the extent of juvenile offenders demoralization shows either a slight or no connection with the objectively evaluated specific gravity of offences ascribed to juveniles. 4. The activities of juvenile courts or of ordinary courts of law with regard to the adjudication of educative or correctional means upon juveniles in 1951-1967 was the last question discussed in the study. A salient feature of the adjudication by our courts upon juveniles is their very considerable caution in applying means connected with separation of a juvenile from his or her familial community and sending them to an institution. The percentage of juveniles upon whom approved school or borstal had been adjucated was between 10 and 14 per cent, in recent years having been stabilized as l0 to 11 per cent. From that fact a conclusion can hardly be drawn that it was only every 9th or 10th juvenile upon whom an institutional order was considered necessary. Because it should always be remembered that the adjudication in that particular subject is influenced not only by an evaluation of the degree of juvenile social depravity, of educational valours represented by the juveniles' environment, of needs of the juvenile's himself, but also by the realistic possibility of execution of such an adjudication since there is chronic lack of placements in approved schools and very often felt lack of placements in borstals. With respect to further 15 to 24 per cent of juveniles found guilty, eventual need for applying institutional treatment must have been felt by the courts since executions of relevant adjustications had been suspended and 3/4 of cases were placed on probation. Probation was the most frequently applied means with respect to juveniles. That particular means was applied almost in 1/3 of all juveniles found guilty, the proportion of such adjudications having considerably increased in 1951-1967, i.e from 23.2 per cent to 32.2 per cent, so that the yearly number of juveniles placed on probation augmented threefold. Supervision order is another kind of means which used to be more frequently adjudicated early in the fifties and now it is adjudicated upon every 4th-5th juvenile. Most probably, the observed changes regarding preference of adjudication of probation is caused by development of such services enabling probation of increased numbers of juveniles found guilty. Admonition was a mean whose application seemed to be decreasing (it was adjudicated upon 23 per cent of juveniles in 1951 and only upon 14 per cent in 1967). A rapid decrease in the number of juveniles upon whom the courts were satisfied by applying that particular single act a few years after 1951, was probably due to a simultaneous rapid growth of the mean juvenile defendant age progressing according to a rise of the age limit of juvenile responsibility from 7 to 10 years of age (1954). On the other hand, the recently observed considerable decrease in proportion of such adjudications is undoubtedly closely connected with advising the courts in terms of limitation of means to be adjudicated upon juveniles of younger year groups. The choice of adequate educative or correctional means was no doubt influenced not only by the court having been convinced as to which was the best mean for the juvenile's re-education but also what were the realistic possibilities to get the mean executed. An open question is to what extent the changes of the structure of adjudicated means are a result of changes in categories of juveniles appearing at the courts.
EN
This paper aims to analyze the responsibility of minors for their crimes in context of the 1982 act on proceedings with minors, as well as with article 10§2 of the Penal Code. It argues that the fundament in judicial adjudication on minors is the 1982 act. Court does not „sentence” them on serving in correctional institution, but he „decides” on their placement there. Correctional measure, is obviously a unique mean of restricting freedom, but it is not perceived as a penalty. Penal Code on the other hand, can be used only in strictly specified circumstances, listed in article 10§2 of the Penal Code. Based on the Penal Code, the responsibilty of minor is unique.
PL
Opracowanie niniejsze dotyczy odpowiedzialności nieletnich za dokonane przestępstwa. Precyzyjniej rzecz ujmując problemy odnoszą się do ustawy z 1982 r. o postępowaniu w sprawach nieletnich oraz do art. 10§2 kodeksu karnego. Podstawą do orzekania w sprawach nieletnich jest wspomniana powyżej ustawa z 1982 r. Sąd orzekając karę wobec nieletniego nie „skazuje go” na pobyt w zakładzie poprawczym lecz orzeka jego umieszczenie. Środek poprawczy jest, co prawda, środkiem izolacyjnym, stanowiącym wyjątkową formę pozbawiania wolności, lecz nie pełni funkcji kary. Natomiast z kodeksu karnego nieletni może odpowiadać tylko w ściśle wymienionych sytuacjach w art. 10§2 kodeksu karnego. Na podstawie kodeksu karnego nieletni odpowiada wyjątkowo.   This paper aims to analyze the responsibility of minors for their crimes in context of the 1982 act on proceedings with minors, as well as with article 10§2 of the Penal Code. It argues that the fundament in judicial adjudication on minors is the 1982 act. Court does not „sentence” them on serving in correctional institution, but he „decides” on their placement there. Correctional measure, is obviously a unique mean of restricting freedom, but it is not perceived as a penalty. Penal Code on the other hand, can be used only in strictly specified circumstances, listed in article 10§2 of the Penal Code. Based on the Penal Code, the responsibilty of minor is unique.
EN
The main aim of this paper is to present the results of research focused on in-group processes among boys and girls located in four semi-open reformatories and one highly restricted facility. The problem of hierarchisation based on both processes of domination and subordination is presented. It characterises juveniles who declare being obedient to underground life principles. The paper also analyses the differences between mechanisms used by girls and boys aimed to maintain or change some hierarchical relations.
PL
Celem niniejszego artykułu jest prezentacja wyników badań skoncentrowanych wokół problematyki szeroko pojętych procesów wewnątrzgrupowych zachodzących w grupach dziewcząt i chłopców przebywających w czterech zakładach poprawczych typu półotwartego w Polsce oraz dwóch zakładach poprawczych o wzmożonym nadzorze wychowawczym dla chłopców. W głównej mierze przedstawiono w nim zagadnienie hierarchizacji oparte na procesach dominacji i podporządkowaniu, które cechują relacje badanej młodzieży deklarującej „wyznawanie zasad” tzw. drugiego życia. Przeanalizowano różnice pomiędzy działaniami i mechanizmami stosowanymi przez dziewczęta i chłopców, których celem jest utrzymanie bądź zmiana dotychczasowych relacji hierarchicznych. Do opisu i analizy prezentowanych zjawisk w artykule przyjęto perspektywę interakcjonistyczną Herberta Blumera. Stwarza ona możliwość przybliżenia i wyjaśnienia natury relacji, jakie tworzą się pomiędzy podopiecznymi. Badania zostały oparte na metodach jakościowych, wykorzystano m.in. technikę jawnej obserwacji quasi-uczestniczącej, technikę wywiadu swobodnego zrealizowanego wśród kadry i wychowanków oraz analizę dokumentów wizualnych.
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