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THE DANGER OF JUVENILE DELINQUENCY SPREADING

Author(s): Gavril Paraschiv / Language(s): French Issue: 01/2019

AS OLD AS CRIME, GENERALLY SPEAKING, JUVENILE DELINQUENCY BECAME A WORRYING SOCIAL PHENOMENON AFTER THE INDUSTRIAL REVOLUTION AND THE MINORS’ “EMANCIPATION”, IMPLICITLY. IN THE ANCIENT TIMES, BEING GENERALLY UNDER THE STRICT AUTHORITY OF THE DOMINATING PARENTS, OF THE ADULT SOCIETY, IN GENERAL, MINORS HAD LESS FREEDOM OF ACTION, MANY OF THEM BEING DOMINATED BY FEAR, SO THAT ONLY A FEW OF THEM DEVIATED FROM THE PRESCRIBED CONDUCT AND COMMITTED CRIMES. AMONG THE CRIMES THAT HAVE LATELY INCREASED SIGNIFICANTLY, RAISING JUVENILE DELINQUENCY TO HIGHER AND HIGHER LEVELS, DRUG TRAFFICKING AND CONSUMPTION CAN BE NOTED, AS WELL AS COMPUTER CRIME.

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Prisons as Total Institution Semiospheres

Author(s): Erik Kõvamees / Language(s): English Issue: 2-4/2020

The main objective of this article is to combine Juri Lotman’s theory of the semiosphere – including its concepts of boundary, core, and periphery – with Erving Goffman’s theory of the total institution. The purpose is to develop a framework conducive to examining the prison as an object of study, equally emphasizing both its internal as well as external relations. This work positions itself within the contexts of the relative decline of the field of prison ethnography, few or no studies done applying semiotic metalanguage to the prison or the total institution, and none applying the theory of the semiosphere to either. This work is oriented according to an analytical or neutral mode; its point is not to offer a normative programme, but to offer a new description of the research object and a new language of description in which to speak of this object. The secondary objectives of this article include demonstrating that Lotman’s theory of the semiosphere and Goffman’s theory of the total institution are compatible, that Lotman’s theory actually refines Goffman’s original, that Lotman’s theory taken independently and Goffman’s theory as refined by Lotman’s are both compatible with the direction of contemporary prison ethnography, and that the framework presented in this work has the potential to reinvigorate the field of prison ethnography.

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Praca byłych osadzonych – możliwości i ograniczenia

Author(s): Ryszard Gerlach / Language(s): Polish Issue: 1/2021

Work is one of the basic forms of adult people’s activity. It is a universal and ambiguous concept that is interpreted in a myriad of ways. Working in prison, before being discharged from it, is very significant as well. It enables one to gain material goods useful when being imprisoned; it also prepares inmates to living outside prison. In the penal practice, there is a number of programmes that promote employment and prepare prisoners to the reality of living outside prison. Oftentimes, having a source of employment is the only chance for the prisoners to return to the society. The process is fostered if the prisoner is given help during their stay in prison and directly after coming out of it. The people leaving prison encounter many difficulties, including the ones related to the searching for and getting a job. The difficulties in finding employment are often related to the fact that employers have aversion to the criminal past of the former prisoners and do not trust them. This aversion is frequently caused by the fact that former prisoners are not accustomed to working in a systematic and honest way, and that their qualifications are generally very low. Many authors indicate the need to build a collaborative network aimed at helping and supporting the people released from prisons.

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Opinie osadzonych i wychowawców penitencjarnych na temat pracy wykonywanej przez osoby pozbawione wolności

Author(s): Agnieszka Pytka,Agnieszka Lewicka-Zelent / Language(s): Polish Issue: 1/2021

Work is one of the most important human activities, considering its many values. Therefore, the aim is to ensure that detained persons can take up work or continue it while remaining in isolation. Nevertheless, when arranging effective interactions related to the employment of convicts, it is worth knowing their opinions on this topic. The one-sided picture of the phenomenon may be distorted, and therefore it was decided to get to know the opinions of penitentiary educators and their charges on the work performed by persons deprived of liberty. The research carried out at the turn of 2018 and 2019 used the method of a diagnostic survey. The tools were proprietary questionnaires: for convicted persons (N = 396) and for educators employed while serving a sentence of imprisonment (N = 326). The conducted statistical analyzes revealed many statistically significant differences between the opinions of the compared groups of people, in particular related to: the causes and effects of work performed by prisoners and their involvement in it.

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Polska adaptacja kwestionariusza SSICR do pomiaru poczucia stygmatyzacji osadzonych

Author(s): Wiola Friedrich / Language(s): Polish Issue: 1/2021

Current study presents the Polish version of the Self-stigma of Individuals with Criminal Records (SSICR) and examines a theoretical model of self-stigma in which perceived stigma leads to stereotype agreement, internalized stigma, and then to anticipated stigma. The adaptation procedure was carried out in accordance with the standards for checking the equivalence of tests on a group of 186 criminal offenders aged 19 to 84 (M = 36.4, SD = 11.7). Reliability was estimated on the basis of Cronbach’s α indices, factor validity was verified on the basis of confirmatory factor analysis. The validity of the tool was also tested. The obtained results allow to state that the SSICR is a tool with acceptable psychometric properties.

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Mity, prawdy i postprawdy – poprawki do portretu funkcjonariusza Służby Więziennej

Author(s): Maria, Marta Urlińska,Magdalena Urlińska-Berens / Language(s): Polish Issue: 1/2021

The post-truth era is a time of questioning basic values such as truth, honesty, integrity or journalistic ethics. Post-truth is a situation in which public opinion is influenced by the emotions and personal beliefs of individuals (it is important to refer to emotions and personal views), and not by facts, which are less important. The specific image of socio-political life, created by the media and the political class, is the result of dynamically developing populism. Post-truth is a state in which substantive discourse is removed from public discourse and replaced by playing on the emotions of the public and cheap sensationalism. The term is used to disguise the fact that, in reality, we are dealing with an outright lie. The myths and stereotypes that have surrounded the Prison Service for years live their own life in the public consciousness. They are the basis for new alternative facts, half-truths, and lies, created and fueled from time to time by the media looking for sensation. In this way, every now and then, „jailers” are given new labels. The profession of a Prison Service officer has always been shrouded in mystery and legends. Prisons and detention centers were – and still are – places that arouse fear and, at the same time, human curiosity as to what the world behind high walls looks like and what happens in the corridors behind metal gates. Reluctance and lack of trust is linked to the fear and ignorance of people who still perceive the world on the other side of the wall as mysterious and terrifying. It is difficult to have daily contact with an officer who disappears from sight as soon as they go through the prison gate.

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Nadzór sądowy nad procesem resocjalizacji więźniów w polskim systemie penitencjarnym

Author(s): Piotr Lapiński / Language(s): Polish Issue: 1/2021

W polskim systemie penitencjarnym nadzór nad legalnością i prawidłowością wykonywania kar izolacyjnych oraz tymczasowego aresztowania sprawują sędziowie penitencjarni. Analiza regulacji określających zakres tego nadzoru prowadzi do wniosku, iż jego sprawowanie wymaga przede wszystkim biegłości w interpretowaniu i stosowaniu prawa, np. dla oceny zgodności z prawem postępowania administracji więzień czy przy wyjaśnianiu prawidłowych zastosowań konkretnych przepisów. Jednak pełny zakres nadzoru penitencjarnego współtworzą zadania, które stawiają sędziów penitencjarnych przed koniecznością dysponowania kompetencjami umożliwiającymi ocenę prawidłowości realizowanych oddziaływań zmianotwórczych wobec osób osadzonych. Powstaje za tem pytanie o zasadność oraz możliwości realizacji nadzoru penitencjarnego przez sędziów penitencjarnych w tak szerokim zakresie. W poszukiwaniu odpowiedzi pozyskano opinie wychowawców penitencjarnych dotyczące faktycznych obszarów nadzoru sprawowanego przez sędziów penitencjarnych, sposobów jego sprawowania oraz oczekiwań wychowawców dotyczących nadzoru penitencjarnego, z uwzględnieniem realizowanego przez nich procesu resocjalizacji.

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Efektywność oddziaływań korekcyjno-edukacyjnych w zakładach karnych wobec sprawców przemocy w rodzinie w świetle powrotności do zakładu karnego

Author(s): Anna Więcek-Durańska / Language(s): Polish Issue: 1/2021

Przemoc w rodzinie jest zjawiskiem, na temat którego od wielu lat toczą się burzliwe dyskusje zarówno w mediach, polityce, jak i w środowisku naukowym. Podkreśla się, że we współczesnym świecie jest to zjawisko coraz bardziej widoczne i narastające. Wedle oficjalnych statystyk rokrocznie za znęcanie się nad członkiem rodziny (art. 207 k.k.) skazuje się około 10 tys. osób, z czego część sprawców odbywa karę bezwzględnego pozbawienia wolności – nierzadko w warunkach recydywy penitencjarnej. Sprawcy w warunkach izolacji penitencjarnej poddawani są różnym oddziaływaniom korekcyjnym. W niniejszym artykule przedstawiono wyniki badań dotyczące efektywności oddziaływań programu korekcyjno-edukacyjnego Duluth, adresowanego do sprawców przemocy w rodzinie. Wyniki przeprowadzonych analiz przedstawiono w perspektywie powrotności do zakładu karnego po upływie pięciu lat od jego opuszczenia.

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Czynniki środowiska organizacji a praca osób odbywających karę pozbawienia wolności

Author(s): Marta Pięta-Chrystofiak / Language(s): Polish Issue: 1/2021

This article discusses the issue of undertaking work by people sentenced to imprisonment in the context of organizational environment factors in the M. Leiter model: workload, sense of control, rewards, social support, sense of justice and values. The results of research carried out on the territory of penitentiary units among employed persons serving imprisonment have been presented here. The obtained results indicate that recognizing the organizational factors responsible for the social climate of the workplace may be important for the effectiveness of the process of social readaptation of the prisoners working in it.

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A. Chmielewska, A. Janus-Dębska, G. Rybicka - Zawód kuratora sądowego w Polsce: praca, misja, pasja, przygoda? Rozważania o stanie obecnym i przyszłości kurateli sądowej w Polsce na podstawie wyników badań własnych

Author(s): Krzysztof Sawicki,Iwona Klonowska / Language(s): Polish Issue: 1/2021

Review of: Iwona Klonowska, Krzysztof Sawicki - A. Chmielewska, A. Janus-Dębska, G. Rybicka - Zawód kuratora sądowego w Polsce: praca, misja, pasja, przygoda? Rozważania o stanie obecnym i przyszłości kurateli sądowej w Polsce na podstawie wyników badań własnych

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Ce caută preotul în penitenciar? Argumente moral-spirituale, biblice şi legislative Studiu de caz – Republica Moldova

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Ce caută preotul în penitenciar? Argumente moral-spirituale, biblice şi legislative Studiu de caz – Republica Moldova

Author(s): Maxim Melinti / Language(s): Romanian Issue: 05/2022

The article highlights some aspects of the mission of the orthodox priest in the penitentiary in the legislative framework of the Republic of Moldova. For priests, the most important motivation for serving in prison comes from the command of Jesus, namely in the Gospel of Matthew, chapter 25,31-46. The primary role of this priest is to provide pastoral assistance to incarcerated offenders. This is the ministry of a pastor, preacher and spiritual leader, but it requires special perseverance and self-sacrifice. The sacred duty of the priest is to revive in the souls of these people the hope that, if they set out on the right path, God will open for them the kingdom of heaven. In the Republic of Moldova, the reintroduction of religious assistance in penitentiaries was completed in 2011, by signing the Cooperation Protocol on religious assistance in penitentiary institutions between the Ministry of Justice of the Republic of Moldova and the Metropolitan Church of Chisinau and all of Moldova.

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Mental health issues among geriatric offenders (Azerbaijan case)

Author(s): Gulshan Aliasker Aliyeva / Language(s): English Issue: 2/2022

This study constructed a measured quality of life elderly inmate in the Azerbaijan penitentiary system. Incarcerated people often face financial, social and emotional costs due to the imprisonment, and this issue influence their mental health, also interpersonal relationships. Aim: The aim of this research was to examine health issues, the quality of life of older prisoners, and the stimulus that influence their daily mood, especially interpersonal relationship domains. For this purpose, various literature sources were analyzed to answer the main research questions. Method: 54 inmates from 2 different regimes were involved in the research. In order to obtain data questionnaires about quality of life (QOL), and depression were used. WHOQOL –BREF, and consists of 26 questions related to 4 domains: physical health, psychological, social relationships, and environment. Patient Health Depression Questionnaire (PHQ-9) was used to determine depression level of inmates Conclusion: As a result, it was determined that there was a relationship between interpersonal support and QOL features. Another hand, a negative correlation between interpersonal support factors and depression scores. The base on analyzing literature and collecting data, some items were identified as future recommendations.

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UVIĐAJ KOD KRIVIČNOG DJELA UBISTVA

Author(s): Mia Šćuk,Bojana Karaica / Language(s): Bosnian Issue: 1/2022

The article deals with the analysis of criminal conduct in conducting murder scene investigation. The specifics of the investigation of the crime of murder are analyzed, taking into account the manner of its execution. Particularities of the procedure for conducting an investigation into cold steel and firearms, as well as the special circumstances of the case. In conclusion, the importance of paying more attention to the institute and the subject of the investigation, especially in the most serious blood crimes, taking into account that the investigation is evidence and technique on which proper handling depends on resolving the case.

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Udzielanie nagród i stosowanie środków dyscyplinarnych wobec nieletnich umieszczonych w zakładach poprawczych

Author(s): Krzysztof Worek / Language(s): Polish Issue: 28/2021

The subject of the article is the problem of rewards and disciplinary measures in correctional facilities. A properly conducted process of re-socialization is crucial for allowing strongly demoralized juveniles to function in society. The legal and historical framework of correctional facilities in Poland is presented, and the tools of influence in the form of rewards and disciplinary measures provided for by current legislation are discussed. The results of surveys conducted among the employees of correctional facilities allowed for illustrating the popularity and frequency of application of particular means of influence. Then a discussion of the consequences arising from the obtained results is presented and possible further research in this area suggested.

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KOMEŃSKI I STUDIA PENITENCJARNE

Author(s): Miloslav Jůzl / Language(s): Czech Issue: 13/2021

The article presents the application of Jan Amos Comenius`s ideas, comprised in the seven-part treatise entitled „General Consultation of an Improvement of All Things Human“, into the penitentiary studies. Although Comenius did not deal directly with prisons, the „General Consultation...“ offers many areas of interaction that can be successfully used in penology and penitentiary.

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ULOGE SOCIJALNOG RADNIKA U RADU SA MALOLETNICIMA U SUKOBU SA ZAKONOM

Author(s): Sunčica Dimitrijoska / Language(s): Bosnian,Croatian,Serbian Issue: 7/2022

The case manager performs direct and indirect roles in dealing with minors in conflict with the law. The direct role of the case manager is provided when there is a need to change the minor's personality and improve the minor's capacity, acting in the role of implementer when the minor is most frequently experiencing very stressful events. Acts as a teacher in changing skills, guides the minor in identifying needed services, acts as a mediator if the minor is ready to act with a high degree of self-direction, acts as a mediator in the provision of services, provides specialized knowledge needed for change and provides support when the minor in conflict with the law is in the state of being largely self-directed. The case manager provides indirect treatment when it is necessary to change the environment of the minor who is benefiting the indirect service strategy and acts as a mediator in selecting an appropriate professional service that can be provided to the minor. The case manager can connect minors with services and professional assistance, and can coordinate certain services and represent minors especially if there is an injustice resulting from the institution's refusal to provide services to the minor or works on building responsible social networks, acting with an indirect service function by providing technical assistance and consultations that enable the service to keep up with the needs of the minor and the case manager enables change within the network for providing services in the community.

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Readiness to Change in Penitentiary Employees in Legal and Professional Terms

Author(s): Agnieszka Pytka,Agnieszka Lewicka-Zelent / Language(s): English Issue: 5/2021

The transformations of the modern world impose the changes on an individual. The readiness to implement them is, in turn, the prerequisite for his further social and professional development. The changing process and its course of events is conditional upon various factors. Prison Service officers are susceptible to stress and professional burnout due to the nature and specificity of their work, which consequently discourages them from introducing changes and in this way their development is thwarted. The objective of the authors’ own research consisted in establishing the level at which penitentiary workers are ready to change. The studies were conducted on a group of 70 officers of the Prison Service, half of whom were prison security officers and penitentiary educators. As part of the research, the Change Readiness Questionnaire by R. Kriegel and D. Brandt, in the Polish adaptation by E. Brzezińska and A. Paszkowska-Rogacz, was used. It can be inferred from the gathered data that prison security officers have more strength in comparison with penitentiary educators. The studies have also confirmed that the individuals with lower age and work experience are to a larger extent ready for changes and display greater resourcefulness and passion for work. The findings divulge the necessity to carry out diverse supportive activities, particularly in the groups of older officers.

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SPECIFIČNOSTI POLOŽAJA MALOLETNIKA U PREKRŠAJNOM POSTUPKU I PREKRŠAJNE SANKCIJE ZA MALOLETNIKE U SRBIJI

Author(s): Milica Kovačević / Language(s): Bosnian,Serbian Issue: 7/2022

Although misdemeanors are offenses that are characterized as less serious compared to crimes or felonies, in the case of juvenile offenders charged with a misdemeanor, a timely and adequate response is also extremely important, and should, by all means, include support and assistance for youngsters. Having in mind the above, the author has devoted the paper to the analysis of the specific position of juveniles under the Law on Misdemeanors of the Republic of Serbia, noting that in certain segments it differs significantly from the position of juvenile offenders charged with a crime. Thus, it seems that the Law on Misdemeanors does not sufficiently respect the educational needs of juveniles who are responsible for misdemeanors. On the other hand, unlike the law that refers to juvenile offenders charged with a crime/felony, the Law on Misdemeanors emphasizes the responsibility of parents and other persons obliged to take care of juveniles. The author analyzes the provisions related to juvenile imprisonment under the Law on Misdemeanors, noting that thirty days, which is the maximum length of imprisonment for juveniles, may not be enough for any sort of educational work. The normative-dogmatic and comparative method has been applied, while the paper has aimed to formulate recommendations for future improvements of legal solutions for juvenile offenders.

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SEKSUALNO ZLOSTAVLJANJE I ISKORIŠTAVANJE DJECE U HRVATSKOJ

Author(s): Irma Kovčo Vukadin / Language(s): Bosnian,Croatian Issue: 7/2022

Relevant international institutions estimate that millions of children around the world are victims of sexual abuse and exploitation each year. According to the latest global data, 18% of girls and 7.6% of boys up to the age of 18 are victims of sexual violence worldwide. European and Croatian data are also within the mentioned limits. The first step of a responsible societal response to the problem of child sexual victimization (after the creation of an appropriate legal framework) is the monitoring of the problem at the national level. Therefore, the aim of this work was to determine 1. The extent of sexual abuse and sexual exploitation of children in Croatia, 2. the judicial practice of punishing the perpetrator, 3. the characteristics of the crime and the perpetrator, and 4. the duration of the proceedings. Data on crimes of sexual abuse and sexual exploitation of children were analyzed according to the data of the National Bureau of Statistics in the period from 2013 to 2021. The analysis shows that the perpetrators of these crimes make up a smaller part of the total number of perpetrators and that the most common crime is sexual abuse of a child under the age of 15. Offenders of these crimes are usually sentenced to unconditional prison terms and with duration of 6 to 12 months. One-third of offenders commit crimes in concurrence of criminal offences, a smaller proportion in complicity, and one-fifth of offenders have prior convictions. The perpetrators are mainly men with completed high school education, of Croatian nationality, who are unmarried. The process from application to final judgment usually takes a year or more. The results of the analysis point to further issues that need to be investigated.

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Prawo osadzonych do korzystania z posług religijnych w dobie pandemii COVID-19

Author(s): Justyna Krzywkowska / Language(s): Polish Issue: 55/2022

The spreading SARS-Cov-2 virus has resulted in a tightening of prison procedures in Poland. To minimise the epidemiological risk, directors of prisons and pre-trial detention centres in Poland, in consultation with the competent penitentiary judges, in most cases, suspended the possibility of religious services by chaplains towards inmates for over a year (from March 2020 to June 2021). The function of a prison chaplain is assigned to a specific clergyman by the church authority. In Poland, the pastoral service in prisons and pre-trial detention centres is performed by chaplains who are representatives of religious communities entered in the register of churches and other religious associations kept by the Minister of the Interior and Administration or having an individual denominational statute. Some of these people perform their pastoral while others do so as part of a charity. The ministry of chaplains is manifested in performing works of mercy, preaching the word of God, or administering the holy sacraments. Undoubtedly, the religious practices of prisoners are a way of satisfying their individual needs, as well as striving for acceptance, understanding and forgiveness. This article aims at showing how the implementation of the right of inmates to religious freedom looks in practice during the SARS-CoV-2 coronavirus pandemic. Various restrictions have been introduced: from a total ban on prison chaplains from entering the premises of penitentiary units to conducting only individual religious services, to the current possibility of celebrating Holy Mass with 75% of the places in the prison chapel are filled. Many chaplains of prisons and pre-trial detention centres think that the introduced restrictive provisions have had negative effects on the spiritual sphere of inmates, as evidenced by the drastic decline in inmates accepting a religious service.

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