Przestępczość nieletnich w Polsce w latach 1961-1967 (rozmiary, struktura przestępczości, orzeczone środki)

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 1/5-1⁄4 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

Criminology · Juvenile delinquency · Population · Sociology · Demography · Polish Historical and Cultural Studies · Polish Law and Legal System · Psychology

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