bluuebunny/crossref_metadata_2025 huggingface dataset:
Ciudadanía, comunicación y pandemia: Respuestas digitales a la crisis de la COVID-19
Authors: Pajares Fernández Raquel
Published: July 2024

Este texto aborda un análisis pormenorizado de las diferentes situaciones que la COVID-19 ha desarrollado en el mundo de la comunicación y las redes sociales. Se trata de una reseña sobre el libro “Ciudadanía, comunicación y pandemia. Respuestas digitales a la crisis de la COVID-19” cuyo objetivo es dar a conocer la obra y las reflexiones de sus autores sobre diferentes marcos ante los que todos los ciudadanos estuvieron expuestos. Mediante el análisis de las situaciones en España y otros países como México, se hace un repaso detallado sobre el papel de los entornos digitales y el protagonismo que tuvieron durante este tiempo.
Feminismos para transformar la Comunicación, la Academia y la Vida
Authors: Martínez-Jiménez Laura , Liberia-Vayá Irene , ´Zurbano-Berenguer Belén
Published: July 2024

Con este texto presentamos el monográfico número 10 de la revista Dígitos, titulado «Compromisos éticos de la comunicación y del periodismo con los feminismos y la sostenibilidad de las vidas». Aprovechamos esta introducción para reivindicar la centralidad de las (buenas) vidas y sus cuidados en nuestras sociedades y, concretamente, en nuestros espacios de desarrollo personal y profesional vinculados a la Comunicación. Frente a la lógica antivida del capitalismo neoliberal y neopatriarcal, que impregna las dinámicas de trabajo de las académicas y las comunicadoras, reclamamos la potencia transformadora de los feminismos para contribuir a las condiciones socioeconómicas y culturales que permitan formas de organizar y sostener las vidas más justas. Finalmente, queremos que este texto sirva también para reconocer y agradecer el trabajo de las autoras, las revisoras y el equipo editorial de la revista Dígitos. Expresamos nuestro entusiasmo por haber sacado adelante, entre todas, un número especial que hemos intentado trabajar desde la amabilidad, el apoyo y la acogida. Y aprovechamos su publicación para animar(nos) a todas a continuar haciendo comunicación y ciencia feminista con rabia, justicia y rigor, y también con mucha alegría.
Palabras clavefeminismo; sostenibilidad de la vida; comunicación; academia; transformación social
Thermal Hydraulic Analysis for Different Subchannels of Generic VVER-1200
Authors: Zahid Mosaddak , Mehedi Imam , Shiby Shamsul , Mollah A.S.
Published: July 2024

The demand for nuclear energy is steadily increasing all over the world. Most nuclear power is used for peaceful applications such as power generation, healthcare, agriculture, food security, industry, and research. One of the primary applications of nuclear energy is the generation of electricity through nuclear power plants based on nuclear reactors. Many developing countries around the world (such as Bangladesh) are moving toward nuclear power plants because they have huge advantages, including low-cost energy, reliable energy sources, zero carbon emissions, and high energy concentration. As a result, the demand for nuclear reactor protection and operational protection of nuclear power plants is growing rapidly around the world. To meet this demand, nuclear reactor safety as well as nuclear reactor safety parameters must be analyzed. Our research included an examination of the turbulent flow of coolant water into different subchannels of the VVER-1200 nuclear reactor at a pressure of approximately 16 MPa. The Rooppur Nuclear Power Plant, which is currently being built at Ishwardi, an upazila (i.e., subdistrict) of the Pabna District on the bank of the river Padma in Bangladesh, has a VVER-1200 reactor with geometry details of fuel rods, a coolant subchannel, and other operating parameters that are similar to those of that reactor. We used the ANSYS turbulence model to analyze the three subchannels—central, corner, and edge—using three fuel rods. The effects of turbulent flow on temperature distribution, velocity variance, pressure drop, friction factor, Reynolds number, and more were examined in different subchannels of the VVER-1200. The thermal-hydraulic characteristics of coolant water were also investigated to evaluated safety concerns, such as hot spots in the coolant channel and departure from nucleate boiling.
Modeling and Analysis of Neutron Flux of a VVER 1200 Reactor Core Using Monte Carlo Code OpenMC
Authors: Hasan K.M Rakid AI , Datta Debashis , Hossain Altab
Published: July 2024

Nuclear reactors and their associated facilities are complex systems that require accurate modeling and analysis to ensure safety, security, and efficient operation. This study aims to model and analyze the neutron flux of a generic VVER 1200 reactor core using the Monte Carlo code OpenMC. For the purpose of this analysis, a generic model of the VVER 1200 reactor core was developed using an OpenMC simulation environment. Furthermore, using this model, the neutron flux spectrum inside the reactor core was evaluated, from which neutron fluence was calculated accordingly. This study analyzed the effect of neutron flux on the developed model of the VVER 1200 reactor core. The research results reveal a close relationship between neutron flux and reactor power, whereby an escalation in neutron flux leads to a proportional escalation in reactor power output, indicating their interdependence. Additionally, the results highlight a strong correlation between neutron fluence and neutron flux, where an elevation in neutron flux causes a corresponding rise in neutron fluence, which is a significant contributor to the increase in the ductile-to-brittle transition temperature of the RPV wall. In this study, the VVER 1200 reactor core model was simulated and after 60 years of operation; the fluence, which is the total neutron flux received by the reactor vessel, was extracted from the evaluated neutron flux spectrum, and its value was found to be at the design limit of the 1019 scale. So, it is important to maintain the neutron flux at a level that provides sufficient power output while ensuring the RPV’s safety and longevity. The results also show that OpenMC is an effective tool for simulating the neutron flux distribution in the VVER 1200 reactor core. The study findings provide valuable insights into the behavior of the reactor core, which can help improve the design and operation of nuclear reactors for safer and more efficient nuclear energy production.
Application of soil amendments: investigation of incubation time on some soil solution properties of Kien Giang, Vietnam
Authors: Phuong Nguyen Van
Published: July 2024

Soil amendments can affect soil properties such as pH, EC, available phosphorus (P), and ammonium nitrogen (NH4+). The aim of this study was to determine the potential influence of submergence incubation time on some soil properties using soil amendments under controlled laboratory conditions suitable to the characteristics of rice-growing areas in Kien Giang, Vietnam. The experiment included treating soil supplemented with lime (at ratios of 0.0, 0.4, 0.6, and 1.0%) and soil supplemented with lime (0.4%) combined with alkalized biochar (at ratios 0.0, 0.2, 0.4, and 0.8%). The treatments were incubated in the laboratory under submerged conditions, and pH, EC, available phosphorus (P), and ammonium nitrogen (NH4+) parameters were measured at 7, 14, 21, 35, and 60 days. The results showed that soil supplemented with lime improved pH and EC, and maintained high phosphorus release for 21 days, but did not improve NH4+ release. In contrast, soil supplemented with lime (0.4%) combined with alkalized biochar improved pH and EC, maintained high levels of phosphorus and NH4+ content up to 35 days. The results showed that using lime combined with alkalized biochar to improve soil in rice-growing areas has many advantages compared to using lime alone. Therefore, understanding the contribution of soil incubation time with amendments to soil properties is an important prerequisite for developing a strategy to ensure crop productivity.
Polityka karna, kultura polityczna a zasady konstytucyjne
Authors: Michael H. Tonry
Published: July 2024

Rapid increases in imprisonment rates and the adoption of severe penal policies in some countries have, in recent years, prompted a burgeoning scholarly literature on the determinants of penal policy. However, much of this literature may be asking the wrong question. The authors typically focussed on the causes of harsher penal policies and offered explanations. However, it seems more reasonable to ask what recent changes in penal policy tell us about the country itself. The paper shows that crossnational differences in penal policy tell us important things about differences in penal culture, and that decisive changes in penal culture may both indicate and portend major, and sometimes regrettable, changes in larger political cultures. The paper has been divided into three sections, each addressing a separate question. The first considers the reasons for penal policies in Britain, Australia, the U.S., and elsewhere becoming harsher over the final three decades of the twentieth century. The short answer is that the question is based on a false premise. Only in some places did penal policies become harsher and in importantly different ways. The assumption that penal policies everywhere tightened over that period is wrong. The second addresses the questions of why penal policies in particular countries did and did not become more severe. A wide range of explanations are available. They range from national differences in constitutional arrangements, the organisation of criminal justice systems, the nature of the mass media, and the nature of national politics to fortuities of personality and event. The key points, however, are that, at day's end, policies are chosen and choices have consequences. The third question is why policy choices matter. One answer, of course, is that they matter because they affect what happens to individual human beings. Another important reason why they matter is that policies adopted and implemented sometimes change the world and sometimes change the ways people think. Repressive policies, rationalised and justified, and in due course followed, desensitise us to the reasons why at the outset they appeared to be repressive and make it easier, when new controversial issues about crime control policies arise, to adopt even more repressive policies. America, over the past 30 years, England for the past 15 years, and other countries for different periods, have through their changes in penal policies changed their penal cultures in ways that portend ill for the future.
Kryminologia kulturowa? Antropologia kultury jako przyczynek do rozważań nad problematyką zabójstwa w krajach anglosaskich
Authors: Kacper Gradoń
Published: July 2024

The paper covers the issue of cultural and ethnological perspective in contemporary criminology. The author presents various theories that are currently developing worldwide, addressing the problem of the role of culture (in the anthropological sense of the word) and its influence on the aetiology of criminal behaviour, social reaction to crime, and creation of role-modelling in different societies. The presentation is focussed mostly on the cultural and criminological comparison of three countries the United States of America, Great Britain and Canada – and their homicide data. These countries, although seemingly similar in many ways when traditionally analysed in criminology, differ significantly in terms of murder – not only statistically, but also at a deeper and more complex historical level. The author describes these differences, arguing that the cultural approach to criminological issues is crucial in explaining violence. The last part of the paper focuses on case-study examples from all the three countries under discussion; this serves as an illustration to the author’s postulate of incorporating the ethnological studies and research into the system of criminology.
Przestępczość i zachowania dewiacyjne współczesnej młodzieży polskiej (badania typu self-report)
Authors: Anna Kossowska
Published: July 2024

The latest self-report delinquency study took place in school year 2002/2003 on a national random school sample of 13-16 years old young people. The size of the sample was 3857 persons. The questionnaire contained questions on problem behaviour and offending (property offences, violent offences against persons and objects, computer-related offences, drugs use and selling) as well as questions on school and family situation, friends, leisure time and attitudes.
Przestępczość nieletnich dziewcząt we współczesnej w Polsce
Authors: Dagmara Woźniakowska
Published: July 2024

The aim of the research was to learn about juvenile girls in Poland: who they are, what we know about their families, what kind of prohibited acts they commit. Another goal was to confront the results of the survey with the common beliefs. The society is convinced that girls became more cruel and violent and even petit crimes are committed more often. The research results do not confirm such a proposition.
Geografia przestępczości. Uwagi na temat przestrzennych analiz przestępczości przy wykorzystaniu technik cyfrowych
Authors: Magdalena Goldschneider
Published: July 2024

The article discusses the issue of digital technologies use for practical applications of the principles of modern ecologic currents in criminology. The phenomenon of crime is not distributed evenly in time and space. Detailed analysis of this regularity is possible owing to crime map making. The tradition of such map making originates in the 19th century and roots from the cartographic school. Their representatives conducted analyses basing on the data coming from French police statistics. More advanced studies on spatial distribution of crime, whose authors created theoretical conceptions attempting at explaining this phenomenon, originate from the Chicago school. In our times, with the advancement of computerisation, technical capabilities of modern computers and availability of good and reliable software, crime maps are becoming an even more easily accessible and effective tool in the analysis of the phenomenon of crime. Geographic information system (GIS) is the technology currently employed for spatial analyses. It allows introducing, storing, processing and visualising geographical data. Geocoding technology enables translation to geographic coordinates and digital map making containing information on the criminal events in a given city. GIS is used in criminological analyses in two main areas: digital crime map making and geographic profiling. Crime mapping is a tool for spatial analyses of criminal incidents which consists in putting together the time and place of crime to investigate spatial patterns of criminal behaviours and hot spots. It also enables to analyse criminal incidents according to various spatial variables e.g. to compare crime scene locations with locations like bars or schools, with demographic data concerning investigated areas etc. The idea of crime mapping has its roots in theoretical assumptions of environmental criminology which seeks relations between crime and its environmental and geographic determinants. Studies on crime scene locations are related mainly to the idea of hot spots, that is places where more criminal incidents than the average are reported. Crime maps are a useful tool which enables the analysts equipped with adequate criminological knowledge to seek the reasons for concentration of criminal activity in the area. In practice, digital maps are used by the police to obtain geographical data about a given area and to manage police units. Advanced use of GIS is made in everyday work of police forces in the USA and UK. Maps can also allow the data on crime statistics on a given area to be accessed by local communities. Geographic profiling is another GIS application enabling use of criminological knowledge. It allows to establish the most likely estimated place of residence of serial offenders. A profile is made based on information concerning crime location and other places of significance to the incident (eg. place where the corpse was abandoned).
Kryminologiczno-epistemologiczne i genderowe aspekty przestępstwa zgwałcenia
Authors: Monika Płatek
Published: July 2024

According to government information from November 2010, only 8% of committed sex crimes are reported in Poland. In 90% of cases, the perpetrators remain unpunished. Taking into account the statistics for 2009, 6,700 cases of sexual violence show the scale of the problem. The article tries to investigate the reasons of such situation. How does it happen that in a legal order, which since 1932 is based on extremely modern approach to the crime of rape, it remains in practice so often unpunished? The reasons of this are seen in the accepted procedure of prosecution, on the motion of the injured. This procedure results from the fact that provisions from 1932 have been accepted as they were, without a deeper reflection or analysis of the state of affairs of the time. What was acceptable in the criminological-epistemological and dogmatic perspective then, has been accepted by the legislator at present. This leaves a question why regulations from 1932 are still in force at present, with the detriment to the victims. In seeking an answer to this question, a methodology provided by feminist jurisprudence is assumed. The text also explains the very notion of feminist jurisprudence and gender analysis of law. The method allows to notice the elements earlier neglected by the law and to explain why corruption of the perpetrator reaches the victim. The development of feminist jurisprudence over the past three decades has contributed to significant enrichment of the theory of law in many countries and has led to many reforms of criminal law, including changes to the regulations concerning the rape of crime. Taking feminist criminology and feminist jurisprudence into account allows to consider the causes of placing joint responsibility for rape on a victim. It allows to demonstrate that what is hidden under the euphemism of morals and morality is also supported by laws and does not result from tradition as much as from the influence of contemporary law. The accepted procedure of prosecution of the crime is a significant element of this process. Assuming a gender perspective introduces a perspective of experiences and values essential for women to the analysis of language, evaluation and events, although it is not limited to this. The text, while analysing the determinants of regulations concerning rape, questions the basic axioms of criminal law dogma pertaining to neutrality and objectivity of criminal law. The example of regulations on rape proves that both axioms in fact sustain a loss to the benefit of the interest of the legislator who has a greater tendency to identify with a perpetrator than with a victim. The text analyses various perspectives of justifying accepted norms and indicates that higher arguments at each time serve to justify current interests. Using instruments of gender analysis of law here as well, reader’s attention is drawn to the perspective resulting from the experiences and values presented by women.
Prawo karne islamu w Europie?
Authors: Agnieszka Gutkowska
Published: July 2024

The article is concerned with selected rules of Islamic penal law. Such a discussion seems necessary (though naturally not sufficient) to attempt to answer the question about the best model of coexistence of sometimes drastically different cultural and normative systems in modern multicultural world. The choice of sharia is justified if we take into account that according to demographic data there are over 38 million of Muslim people living now in Europe. Without a doubt, such a situation may be a challenge because sharia explicitly states that observing laws in the country of residence (kanun) is a duty of every Muslim believer – however provided that the laws do not contradict sharia. There is one striking example of coexistence of different normative systems in Europe. The United Kingdom is the only European country so far which has decided to include Islamic laws in its legal system. Muslim citizens, if they are willing to, can decide property, inheritance, and family disputes in sharia courts and their decisions are recognised by the state. A conscious decision on integration of legal systems should rely on a deeper understanding of the legal system to be integrated into the current one. Understanding sharia requires, first of all, being aware that in the legal culture of Islam there is no division into secular and religious sphere. Hence, the common European perception of sharia as religious law must be considered a mistake. Sharia distinguishes two spheres: ibadat and mu’amalat. Ibadat, that is acts of faith, is the branch of law comprising religious duties of Muslim people. As a rule, breach of ibadat results with punishment in earthly life. Mu’amalat, that is transactions, contains provisions concerning interpersonal relations and protection of five basic human needs: life, religion, family life, property, feelings, and intellect. Yet, it cannot be said that ibadat is religious while mu’amalat is secular law. Together they form sharia and, what is more, they both contain penal provisions. In sharia, penal law is not a separate branch of law and both rules of penal law and sentence administration appear in both branches of sharia. Crime in Islamic law is always a detriment to the society as it infringes social order, God’s order, is a sacrilege (as it is a human infringement of divine rules), and a source of corruption for others. Classification of crimes in sharia is also entirely different from the western one. The basic criterion is the grounds for punishment and crimes are classified as punishable as hudud, kisas (or dijja), and ta’zir. Distinction between deeds punishable under Qur’an (hudud and kisas) and deeds punishable under customary law (ta’zir) is specific for Islamic law. While considering issues related to Islamic penal law, one cannot stop at the literal interpretation of sources of law.
Uwarunkowania przestępczości nieletnich na obszarze województwa warmińsko-mazurskiego w świetle badań empirycznych
Authors: Monika Kotowska
Published: July 2024

This publication focuses on criminological analysis of juvenile delinquency. The issue has been the subject of thorough research – and heated discussions – for years, which proves how important an issue it is. Yet, the problem of juvenile delinquency so far remains unsolved. What is of particular concern is that the increased frequency of young people turning to pathological behaviours puts psychophysical development of society in danger. Criminological studies indicate that depraved young people many often become criminal adults. Importantly, there are no wider criminological studies illustrating juvenile delinquency in a specific area of Warmian-Masurian voivodeship. It is one of the poorest areas in Poland with the highest unemployment rates and the lowest rate of economic development. The eco-nomic transformation in 1990s involved closures of state-operated farms and restructuring of state-owned industrial plants and affected areas still have high levels of poverty, unemployment and crime. Passiveness of the so-called “post-state-operated-farming-communities” and their strong demanding attitudes towards the state are serious social problems today. They are also indicated to be the source of criminal behaviour, also in the youngest members of the communities. The main research intention of this paper was to obtain a criminological characteristic of juvenile delinquents. The research was also to explain the phenomenon of juvenile delinquency. The research employed an indirect observation method consisting in analyzing official documents, namely court files of such proceedings in which a punishable offence was committed by a minor. The investigation included four court districts in the voivodeship: in Olsztyn, Iława, Giżycko and Szczytno. The choice of the district was guided by the diversity of the urban and industrial development, population size, and unemployment rate of the areas. The sample areas are thought to be representative for the whole voivodeship and the results of the study can be deemed more general and translated into wider population.
Czy w świadomości Polaków terroryzm stanowi zagrożenie dla polskiego społeczeństwa? Wyniki badań własnych
Authors: Ewa M. Guzik-Makaruk
Published: July 2024

The aim of the publication is to discuss an answer to the question if terrorism is a threat to a Polish society. The discussion is based on own research conducted within “Monitoring, identification and prevention of risks to citizens’ safety” research project realized by University in Białystok with cooperation with Military Academy of Technology in Warsaw. The research employed a computer assisted direct questionnaire interview method. Interviews were performed in the autumn of 2008 on a representative group of Polish citizens over 18. 1042 interviews were performed by interviewers from Pentor Research International, an institution chosen because of its high degree of professionalism and the fact it had conducted many simi-lar surveys of this kind. The research has provided answers to the following questions: if terrorism is one of the threats people in Poland are afraid the most, what the social perception of possibility of terrorism risk is, what information there is on the level of fear of potential victimization with a terrorist crime. Moreover, the following information has been obtained: actual level of victimization with terrorist crime, social evaluation of terrorism prevention by the state, and social acceptance of state intervention into privacy of citizens to eliminate risk of terrorism. The method used a rarely employed victimization survey (direct victimization experience) and so-called indirect victimization experience which can be extremely useful in attempts to evaluate so-called “dark number”. Naturally, in case of terrorism the phenomenon is so spectacular it is hard to speak of “dark number” of victims. Still, the questionnaire included 50 different risks and did not exclude terrorism since adult Polish citizens and their families could have been harmed by terrorism while abroad. The study has found that terrorism occurs in social awareness only extremely rarely and is perceived as a remote risk. Merely 2 percent of respondents declared that their greatest fear was terrorism. Terrorist attacks are hardly present in Polish social awareness and they appear only if such possibility is prompted by an interviewer. Women living in the capital of Poland appeared the most numerous group to fear a terrorist attack. Polish society is convinced that terrorism threat is not a real problem. Similarly, it is rarely perceived as a risk to personal security. None of the respondents in the group has experienced a hostage taking, only 1 percent responded that their family member has experienced a hostage taking, terrorist attack or bomb explosion. Social perception of state prevention of terrorism is rather satisfactory. It is worth to note that there is a high level of acceptance of state actions to eliminate the risk of terrorism. Every fourth respondent declared acceptance of state intervention into his privacy in case of terrorism threat.
Odpowiedzialność nieletnich za czyny z art. 10 § 2 k.k. przed sądem rodzinnym i przed sądem karnym
Authors: Beata Czarnecka-Dzialuk  , Katarzyna Drapała  , Anna Więcek-Durańska
Published: July 2024

The article describes results of research made in Instytut Wymiaru Sprawiedliwości (Institute of Justice) which aimed to specify factors and circumstances influencing tougher penalties for wrongful deeds committed by persons between 15 and 16 years old and to draft a profile of juvenile perpetrators of most dangerous criminal deeds. 292 cases were analysed, of which 71 in criminal courts and 221 in family courts . Cases concerned wrongful deeds under article 10 paragraph 3 of criminal code as of 2004-2008. 375 juvenile perpetrators were studied, of which 134 cases were judged in care and education proceedings, 114 cases in correctional proceedings, and 82 juvenile delinquents were tried in a criminal court. The file research questionnaire included seven parts to examine: the wrongful deed and circumstances of its commitment, characteristics of the juvenile delinquent, information about the injured persons, the course of the preparatory proceedings, proceedings before the court, and the sentenced measures and appeal against them. Information obtained from the research allowed for numerous conclusions. Most of all, it allowed to evaluate the practice of sentencing in cases of juvenile perpetrators of most serious crimes, in particular to evaluate the possibility to sentence the juvenile delinquent under article 10 paragraph 2 of the criminal code. In general, this evaluation is positive. It also appeared that the policy of exceptional penal measures for under age persons has remained the same in the recent years. The cases are not numerous, just as they were not in the past, which supports the idea that possibility of bringing juvenile delinquents to the criminal court is used rather cautiously and as an exception to the rule, in cases of the most drastic character and committed by more demoralized young persons who committed crimes under influence of alcohol, used violence, and dangerous tools. The juvenile who were tried in criminal courts, more often than ones who were tried in family courts, cooperated with adults and acted to the detriment of adults (they caused death of the victim in one fifth of cases ). More of them had been tried in family courts, and educational or correctional measures had failed. In 95% of the cases tried in crim-inal courts the researchers were convinced of the rightness of such method of treatment, and only in few cases tried in family courts there were doubts if not using the article 10 paragraph 2 of criminal code was right because of definitely negative prediction and serious character of the wrongful deed. Assessment if decision was right was difficult as information in the court files were laconic and sporadically even lacked sufficient personal information – particularly in cases qualified for care and education proceedings.
Polityka kryminalna i polityka karna we współczesnej polskiej rzeczywistości
Authors: Paulina Wiktorska
Published: July 2024

The article discusses criminal policy, understood as court procedures intended to counteract and limit crime by applying provisions of criminal law. The chapter begins with an analysis of diverse definitions of criminal and penal policy. Then, mechanism of action of such policies in the aspect of administering punishments to perpetrators of criminal deeds is discussed. An analysis of statistical data concerning administering particular types of punishments allows to draw certain conclusions concerning penal policy employed in Poland in the difficult period of social change. The most often administered punishment in the first decade of the 21st century is deprivation of liberty (imprisonment) with conditional suspension (probation), imprisonment and fines are slightly less frequent, the least frequently courts sentence unconditional imprisonment. The picture of the data allows only to make a draft of contemporary visions of solving social problems related with crime – or rather lack of such visions. The reasons of incoherence and – in many cases – irrationality of our criminal policy can be seen in many factors which are impossible to discuss or even list in one article. However it is worth to notice that undoubtedly the progressing expansion and politicization of criminal law should be limited and it should be acknowledged that criminal law is not the best remedy for social problems, which include crime.
Dwa razy Lombroso, czyli o skutkach różnic w podejściu kryminologii pozytywistycznej i kryminologii feministycznej
Authors: Monika Płatek
Published: July 2024

Dwa razy Lombroso [Twice Lombroso] considers differences in the diagnoses and conclusions pivotal to criminal law and to criminal and social policy by way of a specific example. It would seem that so long as we rely on an accepted research paradigm, we are equipped to verify not only the validity of a theory, but also the social consequences of explaining pathological behaviour and criminality in a particular way. The story of Saartjie “Sarah” Baartman illustrates how positivist and feminist methodologies in criminality result in very different views of reality. The latter forces us to consider issues that have so far been ignored in the criminological literature. The genesis and evolution of criminology has clearly contributed to the development and modernisation of criminal law theory. Discarding the theory of free will has forced theoreticians to confront social realities when considering the creation and application of the law. What has gone unnoticed, however, is that criminology has also helped justify the creation and application of special criminal law institutions from the outset. Racism, racist practices, and the exclusion of certain groups in order to show authority and justify curtailing liberties under the pretext of having to ensure safety and social order have all been vindicated and cloaked in academic respectability with the assistance of criminology. Nowadays, it is often tempting to think that there is such a thing as safety from birth or through osmosis. On the one hand, this sometimes justifies creating separate institutions with the word “criminology” in the name. On the other hand, under the pretext of treatment, therapy or eliminating threats, it can justify maintaining institutions that greatly contribute to the arbitrary exclusion of individuals who are instrumentally exploited or deemed troublesome in order to show strength or demonstrate political efficiency. The text does not attempt to create a dichotomy of good and bad criminology. It is not about demonstrating that positive criminology is archaic and feminist criminology up-to-the-minute. It is rather a scholarly reflection on knowledge standards and on the consequences and hazards that flow from recognising a given claim as scholarly. The text, then, is merely a reflection on what characterises the feminist approach to criminology and what this approach contributes to the discipline. It also attempts to look at the beginnings of the evolution of criminology from a feminist criminological perspective. By illustrating how the work of Lombroso can be examined, described and appraised in terms of positivist and feminist criminology, I try to show how different descriptions of the reality (pathology) of criminality can be arrived at depending on whether we study it on the basis of positivist criminology or whether we also approach the problem from a feminist perspective appropriate for criminology.
Odpowiedzialność karna a determinizm antropologiczny
Authors: Michał Peno
Published: July 2024

Much has been written recently about the problem of justifying punishment in the context of anthropological determinism and incompatibilism. However, the problem of the relationship between determinism, on the one hand, and the theory of punishment, on the other, is multi-dimensional. This article focuses on criminal responsibility in a world of determinism. It is mostly an attempt to review the basic concepts and issues in the philosophy of responsibility and compare them with the concepts and issues of the criminal law as broadly defined. The starting point is the observation that if the thesis of determinism is true and it is not possible to reconcile determinism with human freedom, then it will be particularly difficult to justify punishment. Prima facie, this applies to retributionism, although a more thorough analysis leads to the conclusion that various utilitarian approaches will also have to be significantly modified to allow for determinism. Punishment can obviously implement certain goals and be useful in some way without necessarily being just (it can even be cruel and/or immoral). Punishment may be formally fair (like revenge) and constitute “an eye for an eye.” However, if people do not have free will, then they are not responsible for their misdeeds. This is problematic as they do not deserve revenge and their behaviour does not merit condemnation. However, it is possible to apply different measures which are closer to the sui generis of preventive measures. This paper attempts to demonstrate that there is a link between criminal punishment and moral responsibility. This follows from the fact that punishment is marked by moral condemnation and only a morally responsible person can be condemned. Excluding moral responsibility therefore makes it impossible to condemn a perpetrator. The distinguishing feature of, and (indirectly) the moral justification for, criminal punishment are thereby eliminated. In particular, from a retributionist viewpoint, punishment can only be justified if the wrongdoer is morally responsible for his/her actions (in the sense that he/she can be accused of having upset the moral order). If the perpetrator is not morally responsible, it is difficult to morally justify the legitimacy and practice of punishment. Furthermore, the premise about moral responsibility is a prerequisite for justifying punishment in any case involving the notion of guilt. A lack of moral responsibility in a world ruled by determinism does not necessarily mean that people should not be punished for wrongdoing. Nor does it mean that there are no arguments in favour of maintaining the practice of punishment. The basic question is what views – empirical or emotional – should be given priority in the science of criminal law. The answer lies in the demand for minimalism in the criminal law and for a reflective analysis of the foundations of criminal responsibility.
Challenging integration and police presence: determinants of subjective safety for persons with a turkish migration background
Authors: Catharina Decker  , Joachim Kersten  , Navina Kunz
Published: July 2024

Feeling safe and secure is a core need of human beings. As belonging to an ethnic minority can be associated with decreased subjective security, the question as to whether integration and police presence can positively contribute to the subjective security of persons with a Turkish migration background (TMB) naturally arises. A quantitative and qualitative analysis of 17 interviews with persons with a TMB showed that most felt very safe in Germany. Although police presence positively correlated with subjective security in the quantitative analysis, integration into the family and the neighbourhood was the main explanation for the high degree of subjective security in the qualitative analysis. Practical recommendations based on these findings are given, as are the implications for future security research.
Mediacja z udziałem małoletniego - zagadnienia wiktymologiczne
Authors: Olga Sitarz  , Dominika Bek
Published: July 2024

A child can participate in mediation in criminal cases where he/she is a party to the proceedings and in juvenile cases. This occurs in the basic situations where he/she is either the perpetrator or the victim of a criminal act. These are obviously very different roles. A child is involved in proceedings for different purposes when he/she has been wronged than when he/she is the wrongdoer. In either case, however, the child requires special protection and treatment on account of his/her physical, psychological, emotional and intellectual immaturity. The Polish legislature recognises this and has introduced special provisions for children, i.e. juvenile and youth offenders and minor victims. Mediation with juveniles has acquired its own regulations. It might not be overly popular, but it is relatively well formulated. There are no such special provisions, however, for minor victims of criminal acts. Nor has this issue been given much consideration in the literature. As if that were not worrying enough, the key statement of the courts (Supreme Court Decision I KZP 9/12 of 20 June 2012) gives additional cause for concern as it shows that the objectives and principles of mediation are not sufficiently understood by the Supreme Court. Determining whether mediation can be conducted with a child who has been wronged by a crime committed by one of his/her parents is the primary goal the authors have set themselves. This does not so much concern the normative layer – where the law does not impose any limitations – as the ability of the child to take part in a mediation meeting and the possibility of assuring him/her adequate protection. These considerations raise several detailed issues whose specifications require a “child”, a “victim” and a “wronged party”. The nature of reconciliation and forgiveness, as distinctive features of mediation agreements, have to be analysed. Whether certain types of criminal cases (and not just those involving children) are suitable for mediation proceedings is another question that has to be answered). Children are often victims of violent crimes. These types of cases are highly contentious in the context of mediation, even when the victims are adults. This issue is evaluated against the main principles of mediation, viz. that it be voluntary and that the two sides be evenly matched. Accepting the admissibility of children participating in mediation raises the following questions as to how this admissibility is to be qualified: the minimum age of the child; representation of the child by a parent, guardian or probation officer; and special mediator training. The problems identified in the study acquire a particularly drastic dimension when the perpetrators of crimes against children happen to be the children’s own parents. Mediation between a child-victim and a perpetrator-parent is so fraught with danger as to make it inadmissible in such cases. The authors’ reservations concerning mediation with minor victims do not
Charakterystyka czynu i sprawcy kradzieży na przykładzie postępowań sądowych
Authors: Joanna Klimczak
Published: July 2024

Przedmiotem tekstu jest porównanie współczesnej charakterystyki czynu i sprawców kradzieży z ich obrazem sprzed transformacji w Polsce. W tym celu zestawiono wyniki dwóch badań aktowych spraw sądowych kradzieży – z 2017 r. oraz z 1979 r. Zabieg ten umożliwił porównanie przedmiotu kradzieży, sposobu ich popełnienia, sylwetek sprawców, a także zastosowanych środków reakcji karnej. Zebrany materiał ukazał zarówno zmiany, jak i prawidłowości w porównywanych sprawach.
Więźniowie szczególnie chronieni – prawo i praktyka, czyli o społecznych skutkach decyzji politycznej
Authors: Zbigniew Lasocik
Published: July 2024

Następstwem nowelizacji k.k.w. z 5 stycznia 2011 r. było wprowadzenie statusu więźnia szczególnie chronionego. Opracowanie jest relacją z badań, których celem było ustalenie, jakie są indywidualne i systemowe konsekwencje stworzenia tej nowej kategorii więźniów. Założenie, że konsekwencje te są w obydwu wymiarach negatywne, w pełni potwierdziło się w świetle materiału empirycznego. Badania prowadzone były w latach 2014–2017 i składały się z trzech części: szczegółowego opisu procesu legislacyjnego, analizy przepisów ustawowych oraz wykonawczych, a także badań praktyki więziennej poprzez przeprowadzenie wywiadów z osobami objętymi ochroną. Z wywiadów wynikło, że postępowanie wobec tych osób niczym nie różni się od traktowania tych, którzy stanowią poważne zagrożenie dla bezpieczeństwa innych osób oraz dla porządku w zakładzie karnym (tzw. kategoria „N”).
Extreme criminal penalties - death penalty and life imprisonment in the Polish penal and penitentiary system: Skrajne kary kryminalne – kara śmierci i dożywotniego więzienia w polskim systemie karnym i penitencjarnym
Authors: Joanna Klimczak  , Maria Niełaczna
Published: July 2024

In the article we analysed how the introduction and application of life imprisonment in the period of transformation has impacted the development of the penitentiary system to date. We answered how and why the legislature eliminated the death penalty from the catalogue of penalties in the Polish Penal Code of 1997, and replaced it with life imprisonment. We took into account the statistics on life sentences passed in Poland. We present the evolution of the prison system, which for a quarter of a century had to cope with this difcult category of prisoners by fnding new legal solutions and applying international standards. We also discussed some conclusions of the scholarly study ‘Te best of the worst and the still evil: Prisoners serving life sentences’, which has been conducted since 2014 by our research team. Te study focuses on the management and application of this extreme punishment in Poland, the adaptation of prisoners with life sentences to the isolation and social dimension of imprisonment.
Wykonywanie środków izolacyjnych orzeczonych wobec nieletnich. Analiza wyników badania
Authors: Justyna Włodarczyk-Madejska
Published: July 2024

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.
20 years on the path – the criminal careers of Polish juvenile girls: 20 lat na ścieżce – kariery kryminalne polskich nieletnich dziewcząt
Authors: Dagmara Woźniakowska-Fajst
Published: July 2024

The ongoing research conducted at the Department of Criminology at the Institute of Law Studies of the Polish Academy of Sciences into juvenile delinquency resulted in establishing a database of persons who appeared before family and juvenile court for a punishable offence before 2000. The database enabled the continuation of research into the fate of juvenile girls, including and offered a unique insight into the lives of those individuals who continued to break the law in their adulthood. Court files studies were the basis of the analysis of juvenile girls’ offending at the time. Since then, the convictions of the juveniles in question has been verified three times: in 2011 (, in 2016 (for the period 2011-2015) and in 2018 (for the years 2016 and 2017). 836 juvenile girls remained that qualified for the research covering the period 2017-2019. From among this group 167 females were convicted of a criminal offence as adults, which is every fifth juvenile female in the study. For the sake of the research the research team decided to do in-depth research on the group of women that committed at least three offences in their adulthood, for which they had at least two convictions. Such established framework yielded 64 records (7.7% of the total juveniles in the research).