Archiwum Kryminologii (Archives of Criminology)

7-14

Authors: Konrad Buczkowski, Beata Czarnecka-Dzialuk, Witold Klaus, Irena Rzeplińska, Monika Szulecka, Justyna Włodarczyk-Madejska, Paulina Wiktorska, Dagmara Woźniakowska-Fajst, Dobrochna Wójcik, Dominik Wzorek

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41-80

Authors: Krzysztof Krajewski

For many years, Polish penal policy has been considered to be very punitive. This is confirmed by the very high imprisonment rate which was observable even before World War Two. This raises the legitimate question of how to explain this consistent pattern. It is also appropriate to ask whether the reasons for this punitiveness can be found in punitive penal legislation, in the legal code, or in punitive sentencing practice, or at the level of the law in action. This article uses available statistical data to analyse selected trends in Polish penal policy, indicating that on many occasions attempts to diminish punitive sentencing outcomes through legislation produced absolutely opposite results. At the same time, there have been periods of real reduction in this punitiveness which occurred without any specific legislative changes made with such an intention. All of this suggests that the law on the books and the law in action may to a large extent be independent of each other.

153-203

Authors: Marcin Jurczyk

The subject of the text is the theoretical context of Robert Agnew’s General Strain Theory which explains youth crime in terms of social relationships, focussing on the individual’s negative relationships with others. Reference has been made to theories that inspired the development of Agnew’s theory, including Merton’s theory of anomie, Cohen’s theory of subculture formation, Cloward & Ohlin’s opportunity theory, and Messner & Rosenfeld’s institutional anomie theory. The article presents issues regarding the type of strain experienced by the individual in relation to other people, strategies for adapting to strain, the possibilities of predicting it, and the role of relative deprivation in the development of subjectively felt strain among adolescents who commit criminal acts. Further considerations were devoted to research published in Poland and abroad which uses Agnew’s theory to explain youth crime.

253-285

Authors: Jan Widacki, Anna Szuba-Boroń

Not only have the regulations in criminal law concerning the crime of rape changed over the years, but so has the evident process of the transformation of its cultural context. In the early decades of the 20th century, physical traces of violence – visible bodily harm experienced by the victim – was required as proof of rape. The 1970s brought an entirely different social image of the phenomenon, revealing that “date rape” constitutes the majority of all acts of rape. Cultural circumstances play a key role in the process of naming an act rape. Statistical data also allow for the claim that the shift in prosecuting cases of the crime of rape has neither resulted in an increase in the number of reported rapes nor in a decrease in the number of such unreported crimes.

335-363

Authors: Anna Dąbrowska, Justyna Kusztal, Małgorzata Turczyk

The article presents an innovative programme for the re-adaptation of inmates confined in correctional facilities which focusses on building and consolidating their bonds with their children. In Poland, contemporary social rehabilitation programmes are based on measures listed in the Polish Executive Penal Code of 1998 (Executive Penal Code, 1997, Art. 67 § 3). Apart from studying, working, cultural and educational activities, and therapeutic interventions, the Code also mentions contact with family members and relatives. These rehabilitation programmes include the right of convicts, under international and national law, to maintain contact with their families, while methodologically they are compliant with the most current cognitive-behavioural approach to therapy and corrective measures. They also draw on the multi-systemic approach, in a general sense. In the context of safeguarding children’s rights, contact between parents and children is the responsibility of the parents, but in the case of prisoners it is the responsibility of the correctional institution to ensure that prisoners can exercise their rights while serving a custodial sentence. The article takes advantage of the methodologies of document analysis and participant observation. It discusses the programme for the social re-adaptation of prisoners, which involves encouraging and consolidating relationships between parents and children while maintaining a focus on particular rehabilitation objectives, resocialisation methods, and outcome evaluation.

381-402

Authors: Emil W. Pływaczewski

The article presents Polish criminology and penal sciences during the first decade after World War II. Communist ideology had a significant impact on science, especially the social and legal sciences. Some representatives of criminal law, acting in accordance with the dominant ideology of the time, considered criminology to be a superfluous science. Based on materials sourced from the New Files Archive, previously unknown facts were revealed from the period of the ‘Sovietisation of the penal law science’, which started with the initiation of the activities of the Scientific and Consultation Committee at the Ministry of Justice. In the author’s opinion, despite the dogmatism and schematic thinking that was dominant in the approach to criminological problems, some Polish criminologists effectively defended themselves against the government’s negative approach towards criminology. As much as possible, they studied important criminological problems and conducted research in selected areas related to the criminal activity of both adults and minors. Thanks to this attitude, in the most difficult period for Polish criminology, a solid foundation was created both for the continuation of earlier research and for taking on new research challenges after October 1956, when the so-called renewal of political life started.