Showing papers in "International Journal of Offender Therapy and Comparative Criminology in 1968"
3 citations
TL;DR: The dual-track system developed as a compromise solution between the classical school (represented in Germany by Birkmeyer), which continued to regard retributive justice as the cornerstone of criminal law and the positivist school with its tenets of social defense, which demanded that punishment only serve the protection of society.
Abstract: von Liszt, in his famous Marburg Manifesto, claimed that sending criminals to prison did not stop crime, and that many of them left it more antisocial than they entered it. Subsequent criminological research bore out his statements and thus branded prison as a criminogetic factor. A heated discussion raged early this century between the classical school (represented in Germany by Birkmeyer), which continued to regard retributive justice as the cornerstone of criminal law, and the positivist school with its tenets of social defense, which demanded that punishment only serve the protection of society. Their slogan was Zweck,strafe (purposive punishment). The so-called dual-track system developed as a compromise solution. First proposed by Carl Stoos in 1893 for the Swiss Penal Code, it was incorporated in the German Draft Penal
3 citations
TL;DR: The relationship between punishment and rehabilitation, as defined by as discussed by the authors, is still insufficiently understood and it is difficult to study empirically empirically how to reconcile justice, rehabilitation, and the protection of society, and how the foremost legal scholars of their day held fundamentally opposite opinions as to the effects and the purpose of punishment.
Abstract: people for many thousands of years, is still insufficiently understood. Professor Fragoso describes the groping attempts over the last 100 years, to reconcile justice, rehabilitation and the protection of society, and how the foremost legal scholars of their day held fundamentally opposite opinions as to the effects and the purpose of punishment, debating them hotly, but making little effort to study them empirically. Crude and primitive retributive justice-an eye for an eye, a tooth for a tooth-has, in principle at least, been discarded by the civilized nations, though in actuality brutality still persists in prisons in many countries. However, some institutions &dquo;caring&dquo; for the helpless, the aged, children or the mentally sick may not be much better. No line can be drawn between retribution and justice. The task of justice is to match the severity of the sentence to the gravity of the offense; this is, in essence, retribution. A democratic society cannot exist without justice; though justice can, but only to a certain point, be tempered by considerations of rehabilitation or by allowing for mitigating circumstances. Punishment and rehabilitation are not necessarily opposites. Rehabilitation is only possible if the offender wishes to change. To make the very great effort which is necessary the offender needs a strong motivation. This usually stems from a deterrent that has really shaken him. Thus rehabilitation depends on the (open or implied) threat on the one hand, and on the hope on the other. Probation is usually only accepted as the &dquo;lesser evil&dquo;.
3 citations
TL;DR: No probation system exists in Czechoslovakia, and its authority was established by the Czechoslovak government as discussed by the authors, and its powers were transferred to the Czech Republic in 1989..
Abstract: NO probation system exists in Czechoslovakia, and its
3 citations
TL;DR: In this article, the authors examined 692 recidivists from the patients they examined during the last ten years, attempting to answer the following questions: (i) What proportion was psychotic? (z) Which are the dominant personality traits of the nonpsychotic offenders? (3) What practical conclusions can be drawn for the handling of recIDivists?
Abstract: patient’s statements by those of his family, employers and others. Next, a battery of tests is given, including the Rorschach, Thematic Apperception Test (TAT), MMQ, Wechsler, Intelligence Scale, and the Raven. This is followed by a thorough physical examination, and if necessary X-ray, EEG, laboratory tests and other specialized methods are applied. For the purpose of this study we selected 692 recidivists from the patients we examined during the last ten years, attempting to answer the following questions: (i) What proportion was psychotic? (z) Which are the dominant personality traits of the nonpsychotic offenders? (3) What practical conclusions can be drawn for the handling of recidivists?
3 citations
TL;DR: In a recent study 4,000 soldiers from Oslo were interviewed; 45 per cent of them admitted to at least one theft from stores, and 2 per cent admitted to more than one theft.
Abstract: If the term &dquo;criminality&dquo; is understood in its widest meaning, then we are all criminals, since there are few who have not broken some rule or regulation. But even if we consider only those misdeeds which public opinion regards as serious crimes, the number of undiscovered offenders is much higher than that known to the authorities.’ In a recent study 4,000 soldiers from Oslo were interviewed; 45 per cent of them admitted to at least one theft from stores, and I2 per cent
2 citations
TL;DR: In this article, it is stated that the gravest fault of our prison system is that it neglects to prepare inmates for a normal working life, and it is to be hoped now when probation officers will be in charge of aftercare, and have to co-operate closely with the prisons, that they will make their influence felt sufficiently in insisting that all our
Abstract: does not allow us any more to kill off offenders, but neither have we wholeheartely decided and planned adequately to rehabilitate them. Society has the duty to preserve itself and to protect its innocent citizens. Rehabilitation means socializing the offender, not just letting him drift, or condoning delinquency. He should be helped to adjust to society, rather than prevail on society to tolerate him. The gravest fault of our prison system is, that it neglects to prepare inmates for a normal working life. It is to be hoped now when probation officers will be in charge of aftercare , and have to co-operate closely with the prisons, that they will make their influence felt sufficiently in insisting that all our
2 citations
TL;DR: It has become fashionable for historians to look to the behavioristic sciences for new approaches; there has been an avalanche of such publications since the war as discussed by the authors, and historians of today, brought up in the tradition of the giants of the 19th and early 2oth century, have been attempting to break away from the limitations of the specialist outlook, and are seeking the new and exotic.
Abstract: IT has become fashionable for historians to look to the behavioristic sciences for new approaches; there has been an avalanche of such publications since the war.’ Historians of today, brought up in the tradition of the giants of the 19th and early 2oth century, have been attempting to break away from the limitations of the specialist outlook, and are seeking the new and exotic. Psychologists and sociologists on the other
2 citations
TL;DR: According to as discussed by the authors, in the immediate post-war years in Soviet Russia, some 70% of the offenders, tried by courts, had lost one or both parents; 70 per cent of all thefts were due to poverty.
Abstract: psychological factors) but are socially conditioned. However, the social stituation is never static and delinquency must be understood in the historical and changing context of society. Thus, juvenile delinquency in the immediate post-war years in Soviet Russia was mainly due to the aftermath of the war. Some 70 per cent of the offenders, tried by courts, had lost one or both parents; 70 per cent of all thefts were due to poverty. Today living standards have tremendously improved; in particular, the housing problem has largely been solved. Statistical records of juvenile delinquency reflect this change. According to sample studies undertaken, only 3 per cent of adolescents charged with thefts pleaded poverty. The prime
1 citations
TL;DR: The hippie subculture of long hair, free love and peace is spreading and despite seasonal variations and differing local conditions, most major American cities now have a hippie community.
Abstract: THE hippie subculture of long hair, free love and peace is spreading. Despite seasonal variations and differing local conditions, most major American cities now have a hippie community. The press and mass media have portrayed these young rebels as fun-loving, colorful, esoteric-the modern version of Rousseau’s noble savage who is disdainful of civilization. But what is the hippie like behind his mask? Why is he rebelling against society? What is he trying to do?
1 citations
TL;DR: For example, this paper wrote: "I CAN'T bear to see these lads... their dreadful inner emptiness, their eyes blank with boredom, their thoughts encompassed almost totally by sex and sport, yet they are still youngsters, 14, i 5 years old, the flower of youth, yet you would think they are baby faced monsters.
Abstract: &dquo;I CAN’T bear to see these lads ... their dreadful inner emptiness, their eyes blank with boredom, their thoughts encompassed almost totally by sex and sport.... And they’re still youngsters, 14, i 5 years old, the flower of youth, yet you’d think they are baby faced monsters.&dquo;* One recalls Mr. Pickwick’s saying in the Fleet Street Prison, &dquo;I have seen enough. My head aches with these scenes, and my heart, too.&dquo; It helps little to regard delinquent youths undergoing borstal training merely as poor unwitting victims of circumstances perverted by their heredity or environment;’ it is equally absurd to regard them as vicious young ruffian who can be
TL;DR: In this paper, Schipkowensky presented proposals to the Legislative Committee drafting the new Penal Code (PC) suggesting that even those mentally ill prisoners, whose condition is not so serious as to present an impairment of responsibility in the strict legal sense, should receive custodial medical care in a mental hospital.
Abstract: CUSTODIAL care has the double task of protecting society and helping the patient to recover. Medical, legal and social issues are involved. Article 3 2 of the Penal Code (PC) and article 124 par. II. of the Penal Procedural Code (PPC) lay down the procedure for those offenders whose legal responsibility was impaired when they committed the crime, as well as for those who became mentally ill afterwards. The latter paragraph also deals with psychotics likely to endanger their families or others. Recently Professor Schipkowensky presented proposals to the Legislative Committee drafting the new Penal Code (PC) suggesting that even those mentally ill prisoners, whose condition is not so serious as to present an impairment of responsibility in the strict legal sense, should receive custodial medical care in a mental hospital. (Art. 40, par. III). Paragraph 124 is important because it enables us to take